Termini e Condizioni

1. PREMISES

1.1 These General Terms and Conditions of Contract regulate the manner in which Azienda Speciale Dossena provides the Service to the Consumer and provide the due pre-contractual and contractual information to Consumers both with regard to contracts concluded in the commercial premises of Azienda Speciale Dossena and with regard to contracts concluded at a distance and in particular through the website www.visitdossena.it or by telephone.

1.2 These General Terms and Conditions of Contract have been drawn up in compliance with Legislative Decree no. 206 of 6^th September 2005 as amended by Legislative Decree no. 21 of 21^st February 2014 (hereinafter referred to as the “Consumer Code”) and with the E-Commerce regulations (Legislative Decree no. 70 of 9^th April 2003).

2. GENERAL CONSUMER INFORMATION

2.1 The Service is provided by AZIENDA SPECIALE DOSSENA, with registered office in Via Chiesa, 6 – 24010 Dossena, VAT no., tax code 04472700162, REA-BG-466202, in the person of its legal representative pro tempore (hereinafter ASD), tel. 034549433, e-mail address aziendaspecialedossena@gmail.com, Certified E-Mail aziendaspecialedossena@pec.it.

2.2 The Service provided by ASD to which these General Contract Conditions refer consists in the use of the attractions present in the Municipality of Dossena (hereinafter the “Service”). In particular:

• Tibetan bridge “Ponte nel Sole”: the bridge is made up of metal ropes and steps for the grated metal walkway and must be crossed with the aid of special safety equipment consisting of a harness, longes and carabiners, supplied before the start of the activity by the staff. The Consumer who uses the Service is specially harnessed with the assistance of specialised staff using certified safety equipment and will be able to cross the 505-metres length in complete safety thanks to the continuous lifeline. The use of the bridge consists of a single execution of the entire route with the support and supervision of specialised staff (Acrobatic Park Instructors). The start of the Tibetan Bridge is located in Via Orobica in the Municipality of Dossena.
• Mines of Dossena: this is a cultural route with guides to visit the ancient mines of Dossena. Two levels of the galleries are accessible with the aid of a special safety equipment consisting of a helmet (supplied on site) and suitable footwear (not supplied in the Service). The use of the park consists of a single visit to the open levels with the support and supervision of specialised staff (Acrobatic Park Instructors). The Speleological Park is located in Via Risorgimento, near the mining section of the village.
• Speleological park: this is an artificial adventure park inside the Dossena mines, consisting of various passages: climbing walls, crossing over natural caves and artificial chimneys, a Tibetan bridge, suspended passages with two cables and a cableway. This route is equipped with a special “lifeline”, i.e. a safety system against falls from heights. The Consumer who uses the Service is provided with a complete adventure park harness to be worn with the assistance of specialised staff; before entering the route, the Consumer is informed and trained by the staff on the use of the protection devices and the fall-prevention safety system in use in the park. Use of the park consists of one single execution of all passages with the support and supervision of specialised staff (Acrobatic Park Instructors). The Speleological Park is located in Via Risorgimento, near the mining section of the village.

2.3 The use of the Service, for safety reasons, is subject to the unquestionable judgement of ASD, without prejudice to the rights of Consumers arising from these general terms and conditions.

2.4 For the same security reasons, the use of the Service is also subject to certain physical limitations. In the absence of different indications by ASD on the website and/or in other on-site information communications, the following limitations apply:

• Ponte nel Sole: minimum height 140cm, a waistline between 60 and 120 cm and a minimum age of 12 years.
• Dossena mines: no limitations.
• Speleological Park: minimum height 140 cm, a waistline between 60 and 120 cm and a minimum age of 12 years.

In the event of different indications from ASD, the most restrictive limitations shall apply.

2.5 The Service is considered to have been used by the Consumer in the event of its total or partial renunciation at the time of use for any reason whatsoever and therefore no total or partial refund will be due from ASD.

2.6 Reservations by minors shall not be accepted. For the underage Consumer, bookings must be made by the accompanying adult and will only be accepted if the minor will use the Service accompanied by the adult who assumes responsibility; the presentation of a self-declaration of assumption of responsibility is required (the form is available online at the time of booking or at the iNFOPOINT of Dossena).

2.7 The Service provided by ASD constitutes an activity that can generate strong emotions; in order to perform the activity at height, one must be in good psychophysical shape, not be pregnant, not have heart problems, not have taken alcohol, psychoactive substances and drugs that limit lucidity.

Please note: The Service DOES NOT PROVIDE insurance coverage with ACCIDENT INSURANCE for people who are over 80 years old; even so, people over 80 years old may have access to the infrastructures.

2.8 The Service provided by ASD constitutes an activity for which sports clothing and footwear are required; the use of a helmet and of gloves is also recommended (excluded from the ticket price, but available on site at a cost of €…). In particular, in order to use the “Ponte nel Sole” Service and the “Speleological Park”, the Consumer is required to wear closed footwear with non-slips soles. ASD reserves the right to deny entrance to its attractions to those who wear clothes and footwear that may in any way jeopardise the safe enjoyment of the same for themselves and/or other participants.

2.9 The Service provided by ASD includes a parking space in one of the parking areas indicated on the ticket and a shuttle bus service to reach the attraction, only if the parking area is more than 2 km away from the Service and if the shuttle bus service is active.

2.10 In the absence of other indications from ASD at the time of conclusion of the contract or on the ticket, the essential deadline for check-in at the Dossena iNFOPOINT is 1 hour before the time of participation. For example, in the case of an entry confirmed for 10:00 a.m., you must be at the check-in – at the location indicated on your ticket – no later than 09:00 a.m. PLEASE NOTE: the shuttle bus Service may take up to 30 minutes; the Consumer is advised to also consider the above-mentioned timeframe for the correct calculation of times.

3. MODIFICATION/ CANCELLATION OF THE SERVICE

3.1 ASD reserves the right to notify (via SMS, telephone and/or e-mail to the contact details, communicated at the time of the reservation) the Consumer of the impossibility of providing the Service for the agreed date and time or the need to modify the agreed Service up to eighteen hours (18) prior to providing the Service even in the absence of force majeure. In this case, the Consumer will have the right to a voucher of an amount determined by ASD corresponding to the part of the Service that cannot be provided, or may reschedule the date and time of the Service and the content of the same according to availability at the time; the Consumer must communicate their choice within forty-eight (48) hours from the time ASD communicates that it is not possible to provide the Service in the manner initially agreed. In any event, ASD will not be required to refund any travel, transportation, accommodation, etc. etc. expenses that the Consumer may have already incurred in relation to the provision of the Service subject to cancellation or modification.

3.2 ASD reserves the right, as its sole discretion, to modify the times and methods of provision of the Service, if due to force majeure causes, such as, for example, adverse weather conditions (rain or strong wind) and/or environmental situations and/or conditions of the systems and structures that do not allow the Service to be provided safely, even for limited periods of time during the day. In this case, the Consumer will be entitled to a voucher of an amount determined by ASD corresponding to the part of the Service that cannot be provided, or to reschedule the date and time of the Service and its content according to availability at the time. In any case, ASD will not be required to refund any travel, transportation, accommodation, etc. etc. expenses that the Consumer may have already incurred in relation to the provision of the Service that is subject to cancellation or modification.

3.3 If, after the provision of part of the agreed Service, the remaining part of the Service cannot be provided even in the absence of force majeure, ASD will, where possible, arrange for alternative solutions, compatibly with technical and safety requirements, without any additional charge to the Consumer.

3.4 If the Consumer wishes to proceed to change the date and/or time of the previously purchased Service, it will be possible to make such a change, according to the methods provided from time to time on www.visitdossena.it website and on the basis of availability for the following six (6) months, exclusively within and no later than 2 (two) calendar days prior to the date initially purchased, under the following conditions: with payment of an additional handling fee of € 5.00 if the change is made between 2 (two) and 5 (five) calendar days prior to the date initially purchased, free of charge if the change is made more than 5 (five) calendar days prior to the date initially purchased. Furthermore, if the change provides for a higher price of the Service than originally purchased, the Consumer will be required to pay the difference to ASD at the time of the change request.

3.5 If the Consumer does not present himself at the check-in in via Piazzale degli Alpini, 1 (Infopoint) within the established time, ASD may not admit them to the Service, the relative ticket will be considered to all intents and purposes as having been used and therefore may not be refunded in any case.

4. OBLIGATIONS OF THE CONSUMER

4.1 The Consumer must have a valid identity document according to their nationality and must show it upon request by ASD and its staff. In addition, the Consumer must present a printed or electronic copy of the booking made via the website when checking in.

4.2 The Consumer must also behave in a manner that does not jeopardise the safety and enjoyment of the Service by other Consumers and must comply with the rules of normal prudence and diligence, all instructions issued by ASD and its staff, as well as the regulations and administrative or legislative provisions relating to public entertainment.

4.3 It is prohibited for the Consumer to make use of the Service by bringing along goods, live animals, weapons, ammunition, explosives, inflammable, toxic or dangerous substances, as well as improperly secured audio/video devices that could cause damage to the persons underneath the attraction.

4.4 The Consumer shall be liable for all damages that ASD may suffer as result of non-fulfilment of the aforementioned obligations. In particular, the Consumer will be liable for all damage caused to the facility, structures, furnishings and equipment, for damage caused to other Consumers and third parties, as well as for all fines, penalties and expenses to which ASD is subjected by the competent authorities due to its actions.

4.5 The Consumer is obliged to provide ASD with all necessary information to enable it to fulfil its security obligations.

4.6 The Consumer must comply with the instructions issued from time to time by ASD regarding the times for use of the Service and presentation for check-in.

4.7 At the time of check-in, the Consumer must fill out the possible ASD forms with their data, deliver it to the staff in charge when requested to do so, or verbally provide the data required to activate the Service. The form will contain a reminder of these conditions and other instructions from ASD regarding the correct use of the Service. The Consumer must then collect their access tickets.

4.8 If the Consumer does not receive any e-mail containing tickets and receipts within 2 hours of purchase, the same should check in the junk mail – promotions or contact the DOSSENA iNFOPOINT for any doubts or information at the e-mail address: visitdossena @gmail.com or at the number 034549443.

5. LIABILITY OF AZIENDA SPECIALE DOSSENA

5.1 ASD will be exempt from liability when the damage is caused by the Consumer’s actions (including initiatives autonomously assumed by the latter during the execution of the services related or connected to the Service) or by that of a third party not involved in the provision of the services foreseen in the contract, by fortuitous events, force majeure, including adverse weather conditions, or by circumstances that ASD could not, according to professional diligence, reasonably foresee or resolve.

5.2 The compensation owed by ASD will in no case exceed the compensation indemnities and limitation of such indemnities provided by the applicable national regulations for the performance whose non-performance caused the damage, if applicable.

6. CONCLUSION OF THE CONTRACT

6.1 The Consumer selects the type and quantity of the Service they wish to purchase, as well as the available date and time, or the type of gift voucher or gift card they wish to purchase. Gift vouchers or gift cards do not require the immediate selection of the date and time of the Service: when redeeming the gift voucher or gift card, the date selected for use must fall within a period of between 7 (seven) days after the date of purchase and no later than 12 (twelve) months from the latter, under penalty of forfeiting the possibility of using the Service without being able to request a refund.

6.2 For the online purchase, the Consumer declares the truthfulness and validity of the information provided also for the purpose of issuing the tax documents relating to the purchase.

6.3 Throughout the purchase process, a summary of the purchased Services and the relevant costs shall be provided, as well as the possibility of viewing and obtaining a durable copy of these conditions of purchase.

6.4 Upon conclusion of the contract, the full price of the booked Service, including VAT when applicable, shall be paid in a lump sum. If the contract is concluded through VisitDossena website or call centre, payment shall be made exclusively by credit card or similar form of electronic payment (e.g. PayPal). In the event of conclusion of the contract at the ASD ticket office, payment may be made by credit card or debit card.

6.5 All payment terms are to be considered essential, and therefore failure to pay the entire agreed amount constitutes a breach that will result in a legal termination, without prejudice to compensation for further damages suffered by ASD.

6.6 The prices include what is expressly indicated in the description of the Service provided and detailed in the order summary shown and downloaded by the Consumer prior to confirmation of acceptance.

6.7 Once payment has been received, a confirmation and summary e-mail shall be sent to the Consumer containing: the ticket detailing the Service purchased and the purchase invoice.

The purchase ticket does not constitute entitlement to use the Service and shall be handed over to the Consumer after payment. In the case of the conclusion of the contract through the website of VisitDossena, the delivery of the ticket and receipt of payment shall take place exclusively by electronic means (e-mail or other similar form) and it shall be the exclusive responsibility of the Consumer to print and archive the documentation and to produce it at the request of ASD upon admission to the Service. In all cases, the Consumer must collect their own access pass from the Dossena iNFOPOINT in via Don Pietro Rigoli in order to enjoy the Service.

7. RIGHT OF WITHDRAWAL

7.1 Pursuant to Article 59 of the Consumer Code, withdrawal is excluded for Services relating to leisure activities if the contract provides for a specific date or period of performance. Therefore, the Consumer may not exercise the right of withdrawal after the conclusion of the contract.

7.2 Without prejudice to the provisions of article 7.1 above, pursuant to article 3.4, ASD allows the Consumer to change the date indicated for the provision of the Service up to two (2) days prior to the execution of the Service with another date available within the following six (6) months.

8. METHOD OF COMPLAINT

8.1 The Consumer, under penalty of forfeiture, must report in writing (also by certified e-mail), in the form of a complaint, to ASD any non-fulfilment in the organization in the organisation or use of the Service, at the time of their occurrence or, if not immediately recognisable, within seven (7) working days from the date the Service is provided. ASD will promptly and in good faith examine the complaints presented, striving, where possible, for a prompt and fair amicable settlement of the same.

9. JURISDICTION

9.1 These General Conditions of Contract are governed by Italian law.

9.2 All disputes arising from these General Terms and Conditions of Contract, including those relating to their validity, interpretation, execution and termination, shall be deferred to the exclusive jurisdiction of the Court of Bergamo.

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