Conditions of Use
1. Legislative sources.
The sale of tourist services, which have as their object services to be provided both nationally and internationally, is governed - until its repeal pursuant to art. 3 of Legislative Decree no. 79 of 23 May 2011 (the "Tourism Code") by Law no. 1084 of 27/12/1977 ratifying and implementing the International Convention on Travel Contracts (CCV), signed in Brussels on 23.4.1970 as applicable, as well as by the Tourism Code (art. 3251) and its subsequent amendments.
2. Concept of service
The notion of tourist service is as follows: "Tourist services have as their object journeys, holidays, all-inclusive tours, tourist cruises, resulting from the combination, by whomever and howsoever realised, of at least two of the elements indicated below, sold or offered for sale at a fixed price: a) transport; b) accommodation; c) tourist services not ancillary to transport or accommodation (omissis) that constitute, for the satisfaction of the tourist's recreational needs, a significant part of the "tourist service" (Art. 34 Tourism Code). The tourist has the right to receive a copy of the contract of sale of the tourist service. The contract constitutes the basis for accessing the Guarantee Fund, if applicable, as per article 14 below.
3. Booking procedure
The booking application must be completed in full on the appropriate form. In order to purchase the tourist services offered by 1Sticket S.r.l. on the website www.1sticket.com and to take advantage of the relative services, it is necessary to read and accept these conditions of use, as well as those particular and specific to the tourist service offered by 1STicket S.r.l. and chosen by the User. The client may at any time view the contract, its general and particular conditions and request a copy. The reservation on the website www.1sticket.com shall be concluded only after the full amount of the offer chosen by the user has been paid in advance, and therefore only after the full amount has been credited to 1STicket S.r.l.'s bank account. 1STicket S.r.l. may demand the advance payment of a share as a deposit, pursuant to and for the purposes of art. 1385 Civil Code. In this eventuality 1STicket S.r.l. shall be expressly obliged to indicate this condition in the text of the offer. Once payment has been made, 1STicket S.r.l. shall send the User the booking documents, vouchers and tickets, electronically or by fax if expressly requested by the Customer. The booking is understood to be completed, with the consequent conclusion of the contract, only when the organiser sends the relative confirmation by telematic system. The organiser, in regular fulfilment of the obligations provided for by art. 37, paragraph 2, Tourism Code, before the start of the trip, will provide all the information relating to the tourist service, which may not be contained in the contractual documents.
4. Methods of payment
Payment for the booking can be made by the User using one of the following methods: • by credit card online and without transaction fees; during the purchase process the Customer will be asked to provide credit card details; • by Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize such transfer; • by Satispay, you receive your order immediately and pay with your Satispay balance; • by Amazon Pay, if you have an Amazon account you can use it to pay via Amazon-registered cards; Once the method of payment has been chosen, 1STicket S.r.l. shall send the user all the details necessary for the successful completion of the transaction by e-mail to the address provided. In order to facilitate the booking, 1STicket S.r.l. shall ask the user for a copy of the payment account during the office opening hours indicated on the website www.1sticket.com. The voucher, which is considered a real booking document and the electronic admission tickets, shall be sent to the customer after 1STicket S.r.l. has received payment of the amount requested. The voucher is the booking document to be shown on arrival at the hotel and, if expressly requested, at the park ticket office as an entry ticket. 1STicket S.r.l. shall not be liable in the event of sudden changes that depend exclusively on the unquestionable will of the Partners or Suppliers (e.g. Parks, Hotels, Spas, etc.), if the possible changes have not been communicated to 1STicket S.r.l. at least 2 working days in advance. Modifications include, purely by way of example and not exhaustively, opening and closing days and hours, high or low season, etc. 1STicket S.r.l. is in no way responsible for the Customer's failure to print the admission tickets, nor is it obliged to send a copy. Pursuant to and for the purposes of Article 35 of the Tourism Code, the User may at any time view and/or print a copy of the contract signed for acceptance by the same electronically.
5. Compulsory information - Data sheet
1STicket S.r.l. makes available on the website www.1sticket.com the necessary information for the Tourist including: • details of the organisation's administrative authorisation or D.I.A. if applicable; • details of the civil liability insurance policy; • terms and conditions for replacing the traveller (Art. 39 Tourism Code); parameters and criteria for adjusting the travel price (Art. 40 Tourism Code). The organiser shall also inform passengers of the identity of the carrier(s) within the time limits and in the manner provided for by art. 11 of EC Regulation 2111/2005. 1STicket S.r.l. declares that it is in possession of all the necessary authorisations provided for and required by the regulations in force to carry out the activity of organiser and seller of tourist services.
6. Prices offered and variations
The price of the tourist service is determined in the contract, with reference to what is indicated in the offer on the website www.1sticket.com and any subsequent updates of the same offer. In accordance with the provisions of Article 40 of the Tourism Code, the price may be changed up to 20 days before departure and only as a result of the following adjustments: • transport costs; • Duties and taxes on certain types of tourist services such as taxes, exchange rates applied to the service in question. For these variations, reference will be made to the exchange rates and costs referred to above, in force on the date of publication of the offers set out in the data sheet. These fluctuations will affect the package price of the tourist service in the percentage expressly indicated in the data sheet. The prices include VAT (unless otherwise expressly stated) for each offer and are only available in the places specified on the voucher. In places where tourist tax is payable, it is not included in the price of the service and must therefore be paid directly on site.
7. Hotel classification and treatment
The information on the level of comfort assigned to the hotels in the description of the www.1sticket.com website corresponds to a description based on local standards provided by the competent authorities of the country in which the service is provided. Unless otherwise specified, accommodation in all hotels, whatever their classification, is in standard rooms. In the absence of official classifications recognised by the competent Public Authorities of countries, including EU member states, the organiser reserves the right to provide its own description of the accommodation facility, so as to allow an evaluation and consequent acceptance of the same by the tourist. The types of treatment offered by the accommodation facilities are, unless otherwise explicitly indicated: • 1B: only overnight stay without meals; • BB bed and breakfast; • HB: half board, overnight stay, breakfast and dinner (drinks not included); • FB: full board, overnight stay, breakfast, lunch and dinner (drinks not included). 1STicket S.r.l. will indicate in each offer the type of treatment provided. Higher level treatments may be requested for an additional fee.
8. Modification or cancellation of the offer before departure by the organiser/seller
Before departure, the organiser/seller who needs to significantly modify one or more elements of the contract, must immediately inform the tourist in writing, indicating the type of modification and the change in price that may result. If he does not accept the proposed modification, the tourist may exercise either the right to a refund of the sum already paid or to enjoy a replacement tourist service. The Client may exercise the above-mentioned rights even when the cancellation depends on cases of force majeure and fortuitous events related to the purchased tourist service, which in fact prevent the Client from enjoying the tourist service. The sum subject to restitution may never exceed twice the amounts that the consumer would owe on the same date.
9. Withdrawal by the Tourist
The tourist may withdraw from the contract, without paying penalties, in the following cases: • increase the price by more than 10% of the amount originally envisaged; • Significant modification of one or more elements of the contract objectively configurable as fundamental for the fruition of the tourist service considered as a whole and proposed by the organiser after the conclusion of the contract itself but before departure and not accepted by the tourist. In the above cases, the tourist is alternatively entitled: • to use an alternative tourist service at no extra charge or to receive a refund of the excess price if the alternative tourist service is of lesser value than the first one; • a refund of only that part of the price already paid. This refund must be made within seven working days of receipt of the refund request. The tourist must give notice of his or her decision (to accept the change or withdraw) no later than two working days from the time he or she received the notice of increase or change. In the absence of express communication within the aforementioned period, the proposal made by the organiser is considered accepted. Tourists who withdraw from the contract before departure outside of the above-mentioned hypotheses will be charged penalties to the extent indicated in the following special conditions of the tourist service, in particular provided for in point 5.
10. Changes in the tour operator after departure
In accordance with Art. 41, paragraph 4, of the Tourism Code, if the organiser, after departure, is unable to provide for any reason an essential part of the services covered in the contract, he must provide alternative solutions without price supplements charged to the customer and if the services provided are of a lower value than those provided in the offer he will be reimbursed to the extent of the difference. If no alternative solution is possible, or if the solution provided by the organiser is refused for justified and proven reasons by the consumer, the organiser will be obliged to provide, at no extra charge, alternative services compatible with the availability of means and places and will reimburse the customer to the extent of the difference between the cost of the services provided and the cost of the services provided up to the time of the early return. All the above-mentioned conditions will only apply if the inability to provide the essential services is not caused by the Client himself.
11. Liability regime
The organiser is liable for damages caused to the consumer due to the total or partial non-fulfilment of the services due under the contract, whether these are carried out by him personally or by third party service providers, with the exception of cases where the damaging event is caused by the consumer (including initiatives taken independently by the latter during the execution of tourist services), an unforeseeable or unavoidable fact of a third party, circumstances unrelated to the provision of services under the contract, a fortuitous event, force majeure or, finally, circumstances that the organiser himself could not, according to professional diligence, reasonably foresee or resolve. The intermediary with whom the booking of the tourist service has been made is in no case liable for the obligations arising from the organisation of the trip, but is responsible exclusively for the obligations arising from its capacity as intermediary and, in any case, within the limits provided for such liability by the regulations in force on the subject.
12. Limits of compensation
The compensation referred to in Articles 44, 45 and 47 of the Tourism Code and the relative limitation periods are governed by what is provided for therein and in any case within the limits established by the International Conventions that govern the services that are the object of the tourist service as well as by Articles 1783 and 1784 of the Civil Code.
13. Duty of assistance
The organiser is obliged to provide assistance to the tourist according to the criterion of professional diligence with exclusive reference to the obligations he/she has to fulfil by law or contract. The organiser and the intermediary are exonerated from their respective responsibilities (articles 11 and 12 of these General Conditions), when the non-execution or inexact execution of the contract is attributable to the tourist or is due to the fact of a third party of an unforeseeable or inevitable nature, or has been caused by a fortuitous event or force majeure.
14. Guarantee fund
In the event of insolvency or bankruptcy of the operator and/or seller, the consumer may invoke the intervention of the "National Guarantee Fund for Consumers of Tourist Services" established by Ministerial Regulation no. 349 of 23/07/1999 in order to request: • the reimbursement of the price paid for services that have not been used in full or in part; • repatriation in case of travel abroad; • immediate economic availability to initiate forced return from non-EU countries in emergency situations whether or not attributable to the organiser's behaviour. The modalities of intervention of the Fund are established by the decree of the President of the Council of Ministers of 23/07/1999 n. 349 and the requests for reimbursement to the Fund are not subject to any deadline. The organiser contributes to this Fund in the measure established by the second paragraph of art. 51 of the Tourism Code through the payment of the compulsory insurance premium that he is obliged to stipulate, a share of which is paid to the Fund in the manner provided for by art. 6 of Ministerial Decree 349/99.
15. Complaints and denunciations
Any shortcomings in the execution of the contract must be contested by the tourist during the trip by promptly filing a complaint, so that the organiser, his local representative or the tour guide can verify the merits of what the tourist claims. The tourist must also - under penalty of forfeiture - lodge a complaint by sending a registered letter, with return receipt, to the organiser, no later than ten working days from the date of return to the place of departure.
16. Place of jurisdiction
Any dispute arising from the interpretation, execution, application and termination of this contract shall be settled by the Court of Rimini or by any other court which may be functional and binding, in accordance with the current Consumer Code, Legislative Decree no. 206/2005 and subsequent amendments.
17. Specifically approved clauses
By accepting these contractual conditions, the Consumer declares to have read in particular clauses no. 11 "liability regime" and 12 "limits to compensation" and to have understood and accepted them.
Special conditions for the sale of the tourist service offered by 1Sticket S.r.l.
1. The premise agrees.
1Sticket S.r.l. with registered office in Bellaria-Igea Marina (RN), Via Ravenna n. 151/d P. IVA 04219730407 duly registered with the CCIAA of Rimini at n. RN - 331092 and in possession of all the necessary authorisations foreseen and required by the regulations in force, is a tour operator which carries out the activity of promotion, organisation and sale by telematic means through the website www.1sticket.com of individual tourist services, as defined by Art. 34 Tourism Code. 1STicket S.r.l. offers the online sale of holidays and individual tourist services. In order to purchase the holiday services offered by 1STicket S.r.l. on the website www www.1sticket.com and use the relative services, it is necessary to read and accept the General Conditions of contract and methods of supply of the service, as well as the particular and specific conditions of sale indicated below. It is the responsibility of the Consumer (User or Tourist) to read the General Conditions of contract and the particular conditions of sale indicated below. The Consumer declares to have read, known and accepted the clauses of the contract and to want to use the services offered by 1STicket S.r.l. as described by the same. With the appropriate acceptance, the parties undertake to respect and to fulfil the respective mutual obligations enshrined in this contract. Each contract is automatically drawn up in writing and can be consulted at any time online at www.1sticket.com. The following is hereby concluded.
2. Booking
The consumer can book the tourist services offered by 1STicket S.r.l. only through the dedicated website www.1sticket.com following the instructions and indications given therein. The aforementioned site, managed with technological and innovative methods, will allow the Consumer to search for the most advantageous offer, verifying in real time the availability of the rooms in the chosen hotel, making personalised estimates and, once the option has been chosen, booking in a simple and secure way without waiting time. In any case, the Consumer may, during the office hours expressly indicated on the website www.1sticket.com, be assisted by the staff of 1STicket S.r.l. who will provide any clarification, support and information that may be necessary for the success of the booking. Any additional service, required to complete the service chosen by the Consumer, will be indicated in the "summary of the offer". Once the Consumer has chosen the desired service and completed all of the operations expressly indicated and followed all of the technical phases for the conclusion of the contract, he/she must make the payment by choosing from the various options proposed by the system at the time of the reservation. Once the payment has been made (to be understood as such only with the crediting of the sum) the organiser, without delay, will generate by means of the telematic system the so-called booking confirmation which can then be printed at home by the Consumer. With the issue of the voucher or the confirmation of the booking, the service offered by 1STicket S.r.l. shall be considered concluded.
3. Modalities of payment
Once the booking has been made, according to the procedures set forth in paragraph 2 above, 1STicket S.r.l. shall send the booking documents (voucher and tickets) by email to the address provided by the Consumer. The payment can be made by the Consumer by choosing between the following methods: • by credit card online and without transaction fees; during the purchase process the Customer will be asked to provide credit card details; • with Paypal, either for Paypal account holders or by credit card without the need to register; online and without transaction fees; • by bank transfer in the name of 1STicket S.r.l., only if the booking is made up to 6 days before departure; Once the method of payment has been chosen, 1STicket S.r.l. shall take care of sending to the Consumer by email, to the address provided by the same, all the details necessary for the successful completion of the operation. In order to facilitate the booking, 1STicket S.r.l. asks the Consumer to send, in the event that the payment was made by bank transfer, a copy of the payment account. The voucher, which is considered a real booking document and the electronic entrance tickets, shall be sent to the customer after 1STicket S.r.l. has received payment of the amount requested. The voucher is the booking document to be shown on arrival at the hotel and to the other service providers indicated on it. The Consumer must in any case check the voucher and the number of tickets transmitted exclusively electronically by the system before departure. 1STicket S.r.l. shall not be liable in the event that the customer fails to print out the tickets.
4. Cancellation of Hotel reservation
The customer has the right to cancel, without penalty, the hotel reservation only and exclusively if the cancellation policy of the hotel allows it (viewable during the reservation itself).
5. Penalties
When purchasing a hotel stay please pay attention to the cancellation policies specified in the shopping cart; only rates with explicit cancellation entitle you to a refund as indicated; if not explicitly stated the rate is NOT cancellable All refunds are issued in the form of a Gift Card, equal to the amount refunded, reusable on our website within 12 months of the refund
6. Cancellation and/or withdrawal, validity of park tickets
Tickets purchased for amusement parks or other activities are refundable only and exclusively if indicated on the product page itself; unless expressly stated, entrance tickets are NOT refundable; all refunds are issued in the form of a Gift Card, of the same amount as the refunded amount, reusable on our website within 12 months of the refund. Entrance tickets to the facilities can be: - open' and therefore neither dated nor named. In this case they may be transferred to third parties and used within the validity date stated on the ticket; - "closed" and therefore dated and/or named. In this case they may not be passed on to third parties and must be used only on the days indicated. The duration of the season depends exclusively on the choices of the structure to which it refers. 1Sticket disclaims all liability in this respect.
7. Cancellation and changes to the booking by the consumer
Once the service has been purchased, 1STicket S.r.l. must be promptly notified of any changes or amendments to the booking via the e-mail address booking@1sticket.com. Any request for a change to the booking already made shall be subject to prior verification by 1STicket S.r.l., which cannot therefore guarantee the actual satisfaction of the Partners. For each booking change communicated up to 3 days before the arrival date, 1STicket S.r.l., subject to availability and feasibility of the change, will satisfy the request. Changes communicated in the three days prior to the arrival date cannot and will not be taken into consideration and the User shall only be entitled to the fulfilment of the requested and agreed service. For each booking change, if possible, requested at least three days prior to the arrival date, a management fee of € 25.00 per room will be applied (excluding the off-season period from 01/06 to 31/08 in which a fee of € 35.00 per room will be charged) with the exception of the following cases: • increase in the number of nights and/or participants without changing the hotel structure; • purchase of additional entrance tickets to amusement parks; • purchase of additional services (cots in the room, half-board service, etc.).
8. Assignment of the contract
As expressly foreseen in art. 3 of the Tourism Code, a third party who satisfies all the conditions for the use of the service may substitute him/herself in the relationships deriving from the contract, but must communicate this in writing to the organiser or seller, no later than 4 working days before departure, expressly indicating the reasons that prevent him/her from using the tourist service and the details of the assignee. The transferor and the transferee are jointly and severally obliged to the organiser or the seller for the payment of the price and of any further expenses deriving from the transfer. In the event that the consumer cedes his or her booking, there are no refunds for the non-use of any services. In order to be substituted by another person, the customer must: inform the organiser in writing at least 4 working days before the date fixed for arrival by sending written notice to the e-mail address booking@1sticket.com. • indicate any useful information on whether the same or other replacement services can be provided as a result of the replacement; • indicate the personal data of the substitute, in order to verify whether the transferee also satisfies all the conditions for use of the service (pursuant to Article 8 of the Consumer Code and in particular the requirements relating to passports, visas, health certificates, the services themselves or other replacement services may be provided as a result of the replacement. The transferring customer and the transferee are responsible for the payment of any difference in expenses that may arise from such a change in the person of the reservation holder for reasons beyond the control of 1STicket S.r.l.
9. Obligations of the Client
The Client must observe the normal rules of prudence and diligence and not ignore the specific rules in force in the places of destination of the trip. The customer must also take into account all the information provided by the organiser, regulations, administrative or legislative provisions relating to the tourist service. The Client shall be called upon to answer for all damages that 1STicket S.r.l. may suffer also due to the failure to comply with the above-mentioned obligations. The Client is always obliged to inform 1STicket S.r.l., also via the website www.1sticket.com. and the e-mail address booking@1sticket.com, of any special needs or conditions, such as but not limited to pregnancy, food intolerances, disabilities, etc., and is also obliged to make explicit the request for additional services in accordance with his personal needs, via e-mail or in any case within the time of booking. Following the communication, 1STicket S.r.l. shall inform the facility or the relevant partner so that the latter can take note of the aforementioned requirements and, under its own responsibility, adopt the necessary measures and arrangements or, if it is unable to meet these requirements, promptly notify 1STicket S.r.l. accordingly. The personal requests that can be implemented may be the subject of specific agreements. If this is not possible, 1STicket S.r.l. shall not assume any liability towards customers for damages that could have been avoided with information alone.
10. Reports, complaints and liability
Any shortcomings or inefficiencies found by the Client in the use of the tourist service must be reported without delay to 1STicket S.r.l. in order to allow the same to promptly remedy and/or report to the host structure.
11. Exemption from responsibility
1Sticket S.r.l. shall not be liable in any way when the non-execution or inexact execution of the contract is due to the fact of the third party or the Partners due to unforeseeable or unavoidable events, or to fortuitous events and force majeure, or, finally, when it depends on a unilateral and unquestionable decision taken by the Partners without 1STicket S.r.l. having received prior and adequate information. The intermediary with whom the booking of the tourist service was made is only liable for compensation for any failure to perform, or inexact failure to perform (deviation from the quality standards promised or advertised), the obligations assumed with the sale of the tourist service, without prejudice to its recourse against the person who actually provided the service.
12. Jurisdiction
Any dispute arising from the interpretation, execution, application and termination of this contract shall be settled by the Court of Rimini or by any other court which may be functional and binding, in application of the current Consumer Code, Legislative Decree no. 206/2005 and subsequent amendments.
13. Informative note ex art. 13 D. Lgs. 196/03 (personal data protection)
The processing of personal data whose conferment is necessary for the conclusion and execution of the contract is carried out, in full compliance with D. Lgs. 196/2003, in digital form. The data will be communicated only to the suppliers of the services included in the tourist service. The customer may at any time exercise his/her rights pursuant to art. 7 d.lgs. n.196/03 by contacting 1STicket S.r.l., the data controller.
14 Specifically approved clauses
By accepting the present contract conditions, the Consumer declares to have read in particular clauses n. 5, 6, 7, 9 and 11 and to have understood and accepted them.
