GENERAL TERMS OF USE FOR THE VIVATICKET SERVICE
VIVATICKET.COM provides online booking and pre-sale ticketing systems for, exhibitions, shows, concerts and other cultural and sports events (subsequently Vivaticket Service).
Pursuant to and for the purposes of Article 49 of the Consumer Code, it is hereby notified that the provider of the Vivaticket Service as well as the owner of the Vivaticket platform is the company VIVATICKET S.p.A. a single shareholder company with registered office at Via Antonio Canova 16/20 40138 Bologna, C.F./P.IVA/Nr. Registro Imprese Bologna 02011381205 - R.E.A. BO 405904 (“VIVATICKET” or “Supplier”).
Hereinafter are the general terms and conditions (the “General Terms and Conditions”) governing the Vivaticket Service, acceptance of which by the Customer (as defined below) is an indispensable condition for the Customer to validly use the Vivaticket Service. The General Terms and Conditions govern the relationship between the Customer and VIVATICKET in the use and benefit of the Vivaticket Service.
GENERAL TERMS OF USE FOR THE VIVATICKET SERVICE
- Definition
- Object of Vivaticket Service
- Booking validity and purchase price
- Booking deletion for transaction settlement failure
- Payment Methods - conclusion of the contract - invoicing
- Security
- Methods of collection and delivery
- Exclusion of the right of withdrawal
- Postponed or cancelled event
- Access to the Vivaticket Service
- Complaints
- Links to other sites
- Liability of VIVATICKET
- Applicable law and jurisdiction
- Intellectual property
- Date of last update
- DEFINITIONS
- Customer: is the person who uses the Vivaticket Service to purchase one or more Access Tickets.
- Consumer Code: is the Legislative Decree No. 206 of October 6, 2005, as amended.
- Service Fee: is the surcharge applied by VIVATICKET on the Facial Price of the Access Ticket and constitutes remuneration - in whole or in part - of the Vivaticket Service. It is indicated to the Customer during the purchase procedure of the Access Ticket and is invoiced directly by VIVATICKET to the Customer.
- Vivaticket Service Agreement: is the contract that is established between VIVATICKET and the Customer for the provision of the Vivaticket Service and the Customer's use thereof.
- Contract of Sale: is the contract that is concluded between the Customer and the Organizer, as a result of the purchase of the Access Ticket through the Vivaticket Service governed by these General Conditions of Contract in the parts referring to the benefit of the Event, by the applicable provisions on sales under the applicable Italian regulations and by the notices on the back of the purchased Access Ticket and also from the information available on the website before the conclusion of the sale .
- Consumer: is the Customer who is a natural person who uses the Vivaticket Service to purchase Access Tickets for purposes unrelated to any professional or entrepreneurial activity carried out.
- Presale Fee: is any surcharge applied by the Organizer in the case of presale of the Access Ticket. It is an integral part of the Facial Price of the Access Ticket purchased by the Customer and is indicated on the Access Ticket separately from the Nominal Value of the Access Ticket.
- Event: is the event, show or performance to which the Access Ticket refers.
- Organizer: is the entity that organizes the Event for which the Access Ticket has been issued. VIVATICKET in selling the Access Ticket through the Vivaticket Service acts in the name and on behalf of the Organizer. Pursuant to and for the purposes of Article 49 of the Consumer Code, the data and references of the Organizer are indicated to the Customer prior to the finalization of the purchase and are stated on the Access Ticket.
- Facial Price: is the price consisting of the Nominal Value plus the Presale Fee, if any, and is shown on the Access Ticket.
- Vivaticket Service: is the set of services for booking, issuing and making the Access Ticket available to the Customer through the Vivaticket sales network. The Vivaticket Service does not include the provision of the service consisting of the Event, which remain acts and/or obligations of the sole competence and responsibility of the Organizer, in whose name and behalf VIVATICKET acts exclusively by providing the Vivaticket Service
- Access Ticket Holder: is the person who, lawfully and in accordance with these Terms and Conditions, holds an Access Ticket, with his or her name printed where the Access Ticket is nominative.
- Access Ticket: is the document also in digital format, having fiscal value, purchased by the Customer through the Vivaticket Service that legitimizes the holder of the Access Ticket to access the Event. The Access Ticket is strictly personal in nature and may not be transferred for a consideration nor may it be the subject of intermediation, in compliance with the mandatory tax regulations (Decree 23/07/2001 as amended and supplemented). Access Ticket not in digital format may not be replaced if they are lost, damaged, destroyed or stolen.
- Nominal Value: is the price of the Access Ticket net of Presale Fee and Service Fee
- VIVATICKET SERVICE OBJECT
- These General Terms and Conditions govern the supply of and use of Vivaticket Service, thus consisting in the supply of booking and pre-sale services for music, sports, theatrical, cultural and entertainment Access Ticket related to Events organized and managed by the Organizer.
- Within the scope of the Sales Agreement VIVATICKET acts in the name and on behalf of the Organizer by exclusively providing the Vivaticket Service, therefore it is not responsible for organizing, managing nor for the pricing policy of the Access Tickets, their promotion and distribution.
- The Vivaticket Service provided by VIVATICKET is a reservation and presale-only service of Access Tickets to Events published on Vivaticket platform. VIVATICKET in issuing the Access Ticket, as well as in the communication activity related to the Event, acts in the name and on behalf of the Organizer and the only service provided by itself is the provision of the Vivaticket Service.
- The purchase of the Access Ticket should be made by individuals of age older than 18 years of age, if requested by law or by the Organizer of the Event. It is advisable that purchase transaction if performed by Customers older than 16 years of age.
- BOOKING VALIDITY
- The Vivaticket Service allows a limited period of time for the payment of Access Tickets included in the purchase cart (hereinafter the “Reservation Time”).
- The Reservation Time is clearly shown on the cart summary page by the time clock icon, which shows the exact time limit within which Customer could pay for the Access tickets.
- The total price payable by the Customer for the Access Ticket, including the Facial Price and any Service Fees, which are indicated separately, is specified immediately prior to purchase and the Customer must accept it by choosing to finalize the purchase.
- BOOKING DELETION FOR TRANSACTION SETTLEMENT FAILURE
- Payment process should be completed within the Reservation Time shown by the system.
- When the Reservation Time is elapsed without a valid payment of the Access Ticket, the related bookings will be cancelled and Access Tickets will automatically return on sale.
- If payment has been completed but the system has not generated a confirmation email and/or online delivery of the Access Tickets, the transaction has failed, and the purchase is not finalized.
- PAYMENT METHODS - CONCLUSION OF THE CONTRACT - INVOICING
- The methods of payment of Access Tickets are indicated on the sales page of VIVATICKET and immediately before payment.
- VIVATICKET reserves the right to change and to apply limitations and exclusions to the payment instruments that can be used by the Customer for payment, at any time and for a single Event.
- In case of payment through credit card, for each transaction code the Customer has available 3 (three) payment attempts. Once the payment attempts are exhausted without success, it will no longer be possible to recover the transaction. In this case, please use the Help and Support form.
- Immediately prior to payment, the Customer will have to accept these Terms and Conditions.
- The Vivaticket Service Agreement as well as the Sales Agreement shall be deemed concluded only upon receipt of the e-mail communication which summarizes the purchase and upon successful payment.
- If the payment is successful, the system displays online the receipt of the purchase, which will bear the indication Thanks, your purchase is complete confirming the purchase made by the Customer.
- Shortly after completion of the transaction, the Customer shall receive an e-mail confirming the purchase made, specifying the seats assigned, the price paid and the method of collection of the selected Access Ticket. VIVATICKET declines all responsibility for the non-delivery of the confirmation e-mail within the terms, if the relative delivery was not possible due to the Customer entering incorrect or invalid data in the on-line form requesting the Customer's personal data.
- The Customer can always print the receipt of the purchase made through the option View Receipt using the assigned transaction code.
- With the acceptance of these General Terms and Conditions and with the successful conclusion of the purchase process and making of the relevant payments by the Customer, the Customer expressly acknowledges, agrees and accepts that the Vivaticket Service provided by VIVATICKET is a pre-sale only service of Access Tickets to Published Events. VIVATICKET in the conclusion of the Sale Agreement, as well as in the communication activity related to the Event, acts in the name and on behalf of the Organizers and the only service provided by it in its own name and on its own behalf is that of presale.
- The electronic invoice for the costs incurred to use the Vivaticket Service does not include the ticket price and presale fee but only the additional cost incurred for the service/product. On the transaction summary page you will find the courtesy copy of the invoice. A copy of the invoice is also available among customer services at the view receipt function.
- SECURITY
In order to ensure maximum security, online transactions of purchases with the Vivaticket Service are carried out via secure server, with GoDaddy certification, which adopts the SSL (Secure socket Layer) protection system, according to which VIVATICKET is never made aware of the codes used by the Customer for the activation of their card, but only receives from the third party operator of the electronic payment platform a receipt number confirming the successful completion of the transaction at the conclusion of the transaction.
- COLLECTION AND DELIVERY METHODS
- In case of online purchase, the Customer has the choice between the following delivery methods of the Access Title:
- shipment to his/her domicile at his/her own expense, which will be made available at the time of purchase;
- collection at the ticket office at the selected Event venue before the beginning of the Event by presenting the receipt of payment or the number of the transaction code and, where required, an identity document;
- for some Events stampa@casa may be available..
- When the shipping at home is requested, the delivery will be made by courier at the Customer's expense. The costs of shipping as well as its essential characteristics are indicated when the Customer chooses the relevant option.
- If shipment to one's domicile is requested, VIVATICKET disclaims any responsibility for the non-delivery of the Access Tickets, where the relevant delivery has not been made possible due to the Customer's entry of incorrect or invalid data within the Customer's on-line master data request form.
- If a request is made for printing at the Customer's home or handling the Access Ticket in digital format, the Customer shall adopt all the specifications indicated and related to the purchase procedure in the section dedicated to the Event on Vivaticket.com.
- In case of online purchase, the Customer has the choice between the following delivery methods of the Access Title:
- EXCLUSION OF THE RIGHT OF WITHDRAWAL
- According to art. 59 paragraph 1 n), of the Consumer Code, the right of withdrawal referred to in Articles 52 et seq. of the Consumer Code is not applicable to transactions made through the Vivaticket Service. The Consumer acknowledges that, since the Vivaticket Service Contract and the Sales Contract have as their subject matter products and services relating to leisure to be provided at a specific date or period of performance, the right of withdrawal set forth in Article 52 of the Consumer Code does not apply.
- In addition, the Vivaticket Service Agreement relates to a service, the Vivaticket Service, which the Customer has exploited at the time of purchase
- There shall be no refund by VIVATICKET under any circumstances, neither of the Facial Price of the Access Tickets nor of any Service Fee and/or Presale Fee, nor of any shipping charges, in the event of Customer's waiver of access to the Event.
- POSTPONED OR CANCELLED EVENT. EVENT-RELATED INEFFICIENCIES
- In the event of an event cancelled or postponed by the Organizer, or in the event of inefficiencies relating to the Event and/or the Sales Agreement, the Customer shall exclusively address to the Organizer to request reimbursement of the Facial Price of the Access Tickets purchased through the Vivaticket Service and/or for refund of any damages suffered or to be suffered and any other costs incurred, without prejudice, however, to VIVATICKET's right to the Service Fee as it relates to a service, the Presale Service, already performed. The customer acknowledges that the reimbursement does not include any shipping costs of the Access Title, if already incurred by VIVATICKET.
- It is the Organizer's discretional decision to exclude the reimbursement of the component of the admission ticket price represented by the Presale Fee
- VIVATICKET, as neither Organizer nor supplier of the Event, is not responsible in any way for any changes in the schedule of the Events published through the Vivaticket Service and, to this extent, it is recommended to always and, in any circumstance, check the characteristics of the scheduled Events directly on the official website and/or on the communication channels of the Organizer.
- VIVATICKET may not, likewise, be considered liable for any discomfort, inconvenience or inefficiency suffered by the Customer due to facts attributable to the Organizers and in the event of cancellation or postponement by the Organizers of the Event, for which through the Vivaticket Service it has provided the service to purchase the relevant Access Ticket, without prejudice to its own liability for fault or malice with reference to what falls within the Vivaticket Service (for example, the dissemination for causes attributable to it of misleading information). Refund of the Facial Price must be requested directly to the Organizers.
- ACCESSING THE VIVATICKET SERVICE
- In order to access the Vivaticket Service the user must (a) accept entirely these General Terms of use for the Vivaticket Service, and (b) fill in the on-line form with user personal data, authorizing Vivaticket to process such data in accordance the Privacy Policy available on www.vivaticket.com. By accepting the present general terms of use for the Vivaticket Service, the user agrees to constantly update his registration details and grants their validity, truthfulness, accuracy and that they are not violating any third-party rights.
- Vivaticket reserves to grant access to the Vivaticket Service exclusively to users who previously successfully completed the registration procedure to the www.vivaticket.comat any time. In this case, once the registration process is completed, the user will receive an identification code (“Login”) and a personal access password (“Password”). Login and Password are strictly confidential, their use is restricted to one terminal at a time, and they can be neither transferred nor given to third parties. The Customer shall be fully responsible for all transactions performed using its Login and Password and it shall therefore be the Customer's obligation to keep these data strictly confidential and secret by immediately notifying VIVATICKET in the event of their use without the Customer's authorization.
- VIVATICKET shall not be held liable in any way for any incorrect or illegitimate use of Login and Password made by the Customer or any third party if this is not due to its own fault
- VIVATICKET reserves the right to prevent the access to the Vivaticket Service to users, as well as to disable a user's Login and Password immediately and with no forewarning in case there is a substantial violation of these general terms of use for the Vivaticket Service; in particular whenever : (a) the Customer's data are not correct including due to Customer's failure to update the same; (b) liability related to the unlawful use of Login and Password has occurred; or (c) in case of distorted use or for unlawful purposes of the Vivaticket Service by the Customer.
- COMPLAINTS
- For any comment or complaint related to the Vivaticket Service, please refer to the Help and Assistance form. All requests will receive a response within approximately 48 hours from their receipt, the service operates from Monday to Friday from 9 am to 6 pm.
- Your comments are always very useful as they provide valuable feedback and allow us to offer a service which is increasingly in touch with your needs.
- LINKS TO EXTERNAL SITES
Concerning any possible links other than www.vivaticket.it and www.vivaticket.com found within this site Web pages, it should be noted that :
- VIVATICKET cannot be held responsible in any way for the opinions and content expressed in these sites.
- These sites can be modified, moved or removed by their lawful owners without giving VIVATICKET any warning.
- LIMITATION OF RESPONSIBILITIES AND RIGHTS OF VIVATICKET
- Except in the case of wilful misconduct or gross negligence, Vivaticket shall not be liable for expenses and damages, direct and indirect, of any nature whatsoever, suffered by the Customer in connection with the sale of Admission Tickets.
- VIVATICKET declines all liability in the event of unavailability of the online sales website due to force majeure. In particular, the following shall be considered cases of force majeure that exclude the liability of VIVATICKET:
- any anomaly in the computer equipment used by the Customer,
- any fact or event on the part of a service provider or supplier that is third party to this Contract,
- a cyber-attack on the online sales platform,
- any unavailability of the Internet network.
- VIVATICKET shall not be liable in the event of loss, theft or unlawful use of the ticket, and in particular in the event of accidents of any kind occurring during the transportation of the tickets.
- Furthermore, it is specified that VIVATICKET shall in no case be obliged to respond to requests for duplicate tickets in the event of ticket loss or theft.
- APPLICABLE LAW AND JURISDICTION
- These General Terms are governed exclusively by Italian law.
- Any dispute regarding on-line purchases made by a Customer as a Consumer, using site www.vivaticket.it, is subject to the jurisdiction of the court of the Consumer's place of residence or domicile of choice.
- In any other case in which the online purchase is performed by a Customer not being a Consumer, any dispute regarding validity, interpretation, execution and/or resolution of legally relevant acts related to the use of the Vivaticket Service goes under the exclusive jurisdiction of the Court of Bologna.
- INTELLECTUAL PROPERTY
- All copyrights, trademarks and any intellectual property rights in the materials or content presented as part of Vivaticket.com website are owned by Vivaticket and those who have licensed their use.
- Unless otherwise expressly provided in these terms and conditions, Vivaticket does not grant any right to use such materials. This will not prevent you from using this website to the extent necessary to complete a purchase of Access Tickets.
- DATE OF LAST UPDATE
Vivaticket reserves the right to modify and update these general conditions at any time. The latest applicable edition is always published on the site.
The present General Terms of use for the Vivaticket service was last amended on October 16th, 2023.According and relating to articles 1341 and 1342 c.c. you are explicitly accepting the following clauses; 5. (Payment Methods - Conclusion Of The Contract - Invoicing); 8 (EXCLUSION OF THE RIGHT OF WITHDRAWAL); 9. Postponed or cancelled event. event-related inefficiencies 10.4 (right of VIVATICKET to inhibit the access to the Vivaticket Service for illegitimate use of Login and Password); 13 (Limitation of Liability) 14. (Applicable Law and exclusive jurisdiction).