Standard Terms and Conditions

These Standard Terms and Conditions (STC) are valid for all services offered by Ente Turistico Lago Maggiore (called "TicketETLM" in the following). By using the services of TicketETLM, you accept the following conditions without change and in full.
The ticket purchaser accepts that the present general terms and conditions were translated from the original Italian version. In any cases of conflicts between this translated version and the Italian original version, the Italian version will be considered.

1. Object

1.1
TicketETLM operates a ticket selling organisation. Ticket buyers can purchase, via various sales channels (Fig. 1.2) tickets for events and other.

1.2
The object of these STC is the use of services which TicketETLM provides to ticket buyers via the following sales channels: the website www.ascona-locarno.com and partner websites provided by TicketETLM (sales channels) Agreement to these STC is given through the use of the corresponding services. When making use of individual services, the ticket buyer may be asked by TicketETLM to confirm his agreement to the STC by clicking a corresponding confirmation box.

2. Services

2.1
TicketETLM’s conditions, which can be accessed via the webshops and other advance sales channels, apply for all services. TicketETLM can change the range of services offered at any time or stop providing services.

2.2
TicketETLM facilitates, through the sales channels, the conclusion of a contract between the ticket buyer and the event organiser.

3. Conclusion of Contract

3.1 The ticket buyer's purchase order
3.1.1
The overview provided at the sales channels of the tickets available is only considered to be an invitation to the ticket buyer to submit an offer. The ticket buyer makes his choice via the sales channel. The choice made is displayed in the shopping basket (Webshop) or notified to the ticket buyer by the sales office. By confirming the order, the ticket buyer is submitting his binding offer to purchase the selected tickets. The ticket buyer is obliged to provide all the information necessary for the ordering process completely and correctly.

3.1.2
It is solely the responsibility of the ticket buyer to submit orders for tickets in good time before the date of the event via the webshop (called "online order" in the following).

3.2 Order confirmation
If an order is placed via the webshops or if the customer provides his e-mail address to the call centre, the ticket buyer receives, after conclusion of the ordering process, an order confirmation by e-mail. This expressly does not as yet represent acceptance of the offer by TicketETLM.

3.3 Acceptance by TicketETLM

The contract for the purchase of a ticket between the ticket buyer and the event organiser only comes about when the tickets are made accessible or handed over to the ticket buyer. The tickets are dispatched, made accessible, handed over or released only after the receipt of the buyer's payment by TicketETLM or the sales office, irrespective of the method of payment.

4. Delivery of the Tickets

4.1 General
4.1.1
The tickets are delivered or dispatched, as the ticket buyer chooses when ordering, in by e-mail with a download link to the PDF file of the print@home ticket or in paper form by being handed over at the sales office.

4.1.2
The ticket buyer is obliged to check the tickets immediately on receipt. The ticket buyer must notify TicketETLM of any damage to the ticket or deviations in the tickets delivered electronically from the tickets ordered within 3 working days. If the ticket buyer fails to do this, the delivered tickets are considered to have been approved.

4.1.3
The benefit and risk pass to the ticket buyer at the time of dispatch from the registered offices of TicketETLM or from the download of the print@home ticket. The ticket buyer is responsible for keeping the tickets safe until the event. The replacement of damaged or lost tickets is excluded, subject to Fig. 4.2.3, 4.3.3 and 11.3.

4.2 Electronic delivery of print@home tickets
4.2.1
The ticket buyer prints out the print@home ticket made accessible after the receipt of payment via the link notified with the order confirmation in unchanged size with a suitable printer on white DIN A4-size paper. The ticket buyer recognises that it is within his own sphere of responsibility and risk to have all the necessary technical facilities available that are necessary for the receipt and printing of the print@home ticket.

4.2.2
The printed out print@home ticket must be kept carefully until the event and must not, when used, show any damage, soiling or other adverse effects, especially in the area of the machine-readable barcode, which could make its verification on entry impossible or difficult. If the print@home ticket is damaged, soiled or otherwise adversely affected in this way, the buyer has no claim to admission to the event and/or to the reimbursement of the payment made by the ticket buyer.

4.2.3

Every ticket purchased only provides the ticket buyer with one access authorisation. Any reproduction, copying, changing or imitation of the print@home ticket and any electronic dissemination of the corresponding PDF file is expressly forbidden. If the print@home ticket is lost or damaged, however, the ticket buyer may print out the print@home ticket again, although he is aware of the possibility of being refused entry to the event if the circumstances according Fig. 4.2.4 exist. The damaged print@home Ticket must be destroyed immediately. If the ticket buyer has already deleted the PDF file at the time of the loss or damage, he can contact the TicketETLM who will then send the ticket buyer the PDF file again. TicketETLM reserves the right to limit the number of repeat deliveries. The ticket buyer is aware that it is not possible to block the print@home ticket. In this case too, the provision of Fig. 4.2.4 applies.

4.2.4
The event organiser can refuse access to the event, if several print-outs, reproductions, copies or imitations of a print@home ticket are in circulation and a holder of a print-out, copy or imitation of the print@home ticket in question has already been granted access to the event. The event organiser is in particular not obliged to verify that the ticket holder is identical with the ticket purchaser or to check the authenticity of the print@home ticket. If a holder of a print@home ticket is turned away from the entry check for this reason, there is no claim to reimbursement of the payment made.

5. No onward Sale

Any trading with purchased tickets, i.e. for business or commercial purposes, is forbidden. Failure to comply can lead to the loss of the service associated with the purchased tickets and to claims for compensation and for return of the profit against the original ticket buyer and those who have bought the tickets. Persons who violate this requirement may be excluded from the purchase of tickets.

6. Advertising and Competitions

The ticket buyer is not allowed, without the express agreement of the organiser beforehand, to use tickets, membership packages and/or Member Tickets in his advertising directed at the general public and/or as prizes in competitions.

7. Prices

7.1
The ticket prices accessed through or listed or notified in the sales channels are inclusive of value-added tax.

7.2
The processing fees processing fees for the sales channel in question, relating to the relevant payment method and/or the value of the ticket are shown in the shopping basket on completion of the ordering process or notified to the ticket buyer.

8. Payment

8.1 Purchase at advance sales offices

If the ticket is bought at a sales office, the TicketETLM partner company, as the operating of the sales office, determines which payment methods are permitted.

8.2 Online order

In the event of online orders, payment is through charging to the credit card (MasterCard, Visa) given during the payment process It is up to TicketETLM to decide what forms of payment are permitted and whether/if tickets which are not paid for in time should be released again for sale.

9. Return, Reimbursement and Exchange

9.1 General
The decision as to the possibility of, conditions for and handling of the return, reimbursement or exchange of purchased tickets for events is made solely by the event organiser (TicketETLM).

9.2 Special conditions if an event is postponed or the venue is changed
If an event organiser decides to postpone an event or to change a venue, the ticket shall, irrespective of the reasons for the postponement or change, apply for the new date or the new event venue. It is up to TicketETLM to decide whether tickets can be returned, reimbursed or exchanged.

9.3 Processing of return and reimbursement
9.3.1
If TicketETLM agrees to a return and reimbursement of the tickets and handling of this according to this Fig. 9.3, the ticket buyer has a claim to reimbursement of the ticket price subject to these conditions.

9.3.2
The ticket buyer must return the ticket by no more than 30 days after the event date printed on the ticket to the place where he bought it. TicketETLM or the sales offices will reimburse the ticket price. After the expiry of 30 days from the event date printed on the ticket, ticket buyers must contact the event organiser direct, who will then decide on how to handle the return and reimbursement.

9.3.3
Tickets ordered by telephone or online must be sent to the address notified by TicketETLM. If payment was made by credit card, TicketETLM shall, after receipt of the tickets, credit the credit card with the corresponding amount within four weeks. If payment was made by cash in advance, the amount will be credited to the bank or post office account indicated by the ticket buyer. For this, TicketETLM requires the following information: bank/post office details (name, town), bank sort code, IBAN, account number and account holder (name, first name).

9.3.4
In the case of print@home, the money is reimbursed automatically to the ticket buyer by a credit to the credit card given when the order was placed (if payment was made by credit card) or by a credit to the bank or post office account given by the ticket buyer if payment was by bank transfer following an invoice (cf. Fig. 9.3.3 for the information required). Any claim for reimbursement is only valid for the ticket buyer recorded in the order and is not transferable.

10. Obligations of the Ticket Buyer when attending the Event

10.1.
In buying a ticket or making use of the services of the event organiser, the ticket buyer accepts, in addition to these STC, the Standard Terms and Conditions, conditions of use or conditions of contract of the event organiser.

10.2
With the purchase of the ticket, the ticket buyer accepts the safety, access, age and other executory regulations of the event organiser in question and is aware of the fact that, in the event of a failure to comply with these regulations, he may be excluded without compensation from the event. The applicable regulations can be obtained from the relevant event organiser.

11. Guarantee

11.1
TicketETLM provides its services within the scope of its operating resources and the foreseeable requirements carefully and expertly, unless TicketETLM is prevented in doing so by circumstances for which it is not to blame.

11.2

The ticket buyer is aware that TicketETLM provides its services via the internet and/or using communication networks. In particular, because of technical faults, operating faults or faults or interruptions in communication networks and through the breakdown of IT infrastructures, the call centre lines or other parts of the infrastructure used to provide the service, there may be temporary disruptions or interruptions in the provision of services by TicketETLM. TicketETLM therefore can’t give any guarantee that its services will be available without interruption and without error.

12. Liability

12.1
In the event of violations of its own contractual obligations under these STC, TicketETLM is liable to the ticket buyer without restriction for direct and proven damages caused by TicketETLM through illegal intent or gross negligence.

12.2

Liability for minor negligence and for indirect damages or consequential damages is expressly excluded. Consequential damages are in particular loss of profit, damage to reputation and data loss following temporary impairments or interruptions in the availability of TicketETLM’s services and following the failure of sales channels, transmission errors, the failure to deliver tickets on time, incorrect price or service information and errors in booking confirmations. TicketETLM also accepts no liability for the content of websites of event organisers and other third parties which refer to the TicketETLM webshops or to which the TicketETLM webshops provide a link.

12.3
The above exclusions and limitations of TicketETLM’s liability do not apply in the event of the culpable death, physical injury or harm to health caused directly by TicketETLM or in the case of mandatory statutory provisions, including the provisions of the Product Liability Act.

13. Liability of the ticket Buyer

13.1
The ticket buyer is liable to TicketETLM without restriction for direct and proven damage caused by illegal intent or gross negligence. The ticket buyer's liability to TicketETLM for minor negligence is excluded.

13.2
The ticket buyer is obliged to reimburse TicketETLM for any expenditure caused in connection with the unauthorised use or the misuse of the ticket buyer's password and/or with the careless. The buyer of print@home is, moreover, obliged to compensate the event organiser or TicketETLM for any damage caused in connection with the unauthorised use of additional or changed print-outs, reproductions, copies or imitations.

14. Intellectual Property

The webshops and the entire contents of TicketETLM accessible via the webshops (called "contents" in the following) are protected by copyright and, unless otherwise stated, belong solely and comprehensively to TicketETLM. The webshops may contain references to the property rights and rights of use of third parties which must be complied with by the ticket buyer. The (complete or partial) reproduction, dissemination, forwarding (electronically or by other means), modification, linking or use of the contents for public or commercial purposes is forbidden without the prior written agreement of TicketETLM.

15. Final Provisions

15.1
The place of fulfillment for the services provided by TicketETLM including the delivery of tickets is the registered office of TicketETLM.

15.2
The ticket buyer waives the right to offset claims against TicketETLM.

15.3
TicketETLM reserves the right to change these STC at any time. Changes will be published on the TicketETLM website and come into force as soon as they are published.

15.4
If one or several provisions of these STC are or become invalid or unfeasible in whole or in part, this shall not affect the validity or feasibility of the other provisions of these STC or the purchase of the ticket. In such case, the parties will replace the invalid or unfeasible provision by a provision that is valid and feasible and that comes as close as possible to the commercial purpose of the provision to be replaced. The same applies correspondingly in the event that there is an omission in these STC.

15.5
These STC and disputes arising out of or in connection with the relationship between TicketETLM and the ticket buyer shall be governed solely by Swiss law, to the exclusion of the provisions on the conflict of laws and the provisions of the UN law on the sale of goods (CISG).

15.6
The sole legal venue for all disputes between TicketETLM and the ticket buyer is the registered office of TicketETLM. TicketETLM is entitled, however, to take action against the ticket buyer at his domicile.