Last updated on 29 November 2021
This is a courtesy translation, the Italian version applies.
Introduction and definitions
These General Terms and Conditions of Sale and Use (also called "GCS/CGU") define the rules applicable to the sale of Holiday Vouchers, Experiences and their use. The following GTC are valid as of November 29, 2021 for any purchase and/or use made from that date.
DESTINATION S.r.l. reserves the right to modify its GTCS/CGUs at any time, without prior notice. In the event of such modification, the applicable GTCS/GU shall be those in force on the date of purchase or use of the holiday voucher or experience.
The User/Buyer/Beneficiary declares that he/she is of legal age and has the capacity to act, in accordance with article 2 of the Civil Code, to contract and use the Site in accordance with the GTC/CGU.
DESTINATION S.r.l. (hereinafter also referred to as "DESTINATION" or "the Company") publishes and markets Holiday Vouchers and Experiences in the name and on behalf of its Partners that provide the Services proposed on the Website.
DESTINATION S.r.l. is an Italian company with a fully paid-up share capital of € 1,225,000.00, with registered office in Bolzano, Viale Amedeo Duca d'Aosta, 76, 39100 - Bolzano (BZ) - VAT No.: IT03027860216 - REA No.: BZ-225734 - The Company is subject to management and coordination by DESTINATION S.p.A.
The terms listed below that begin with a capital letter, both in the singular and plural, shall have their respective meanings in the GTC/CGU:
Buyer: the person who buys a Voucher or an Experience.
Online Purchase: the purchase of a Holiday Voucher or Experience on the Website.
Holiday Voucher / Value Voucher / Experience: this is a ticket or electronic voucher that allows you to benefit from the Service made available by the organisers who publish it on the Website.
By way of example only:
The holiday voucher can be a credit spendable exclusively with the organiser. A holiday voucher is subject to a precise period of validity and a particular set of services and/or treatments included.
A Value Voucher is a voucher with a value configurable by the purchaser and spendable within a specific time frame.
The Experience could be a ticket that allows access to a museum, a cinema, an organized excursion or any other activity promoted by an organizer. The Experience may be valid for a specific date and/or time of execution.
Beneficiary: the person who uses the Holiday Voucher or Experience.
Cookies: these are small files sent to the hard disk of the User's computer/tablet/mobile phone in order to facilitate navigation on the Site and to offer him/her pages that best correspond to his/her interests.
Personal data: this is all the information that makes it possible to identify, directly or indirectly, a natural person (surname, name, email, etc.).
Site: means the sites https://www.dolomiti.it and any subdomains linked to it.
Party(ies): means, depending on the context, the Buyer and/or the Beneficiary and/or DESTINATION S.r.l..
Organizer: indicates the partner proposed by DESTINATION S.r.l. that provides the Service to the Beneficiary. Partners may be, by way of example, accommodation facilities, restaurateurs, local businesses, third party companies, tour operators.
Benefit: refers to the service provided by the organiser to the Beneficiary among those contained in the corresponding voucher or experience.
A Service may contain several different and/or complementary activities such as, for example: a dinner, a cocktail, access to a spa, an overnight stay, a breakfast, a beauty treatment, access to a ski resort, access to a cinema, museum, festival, concert, one or more laps of the track, etc.
User: means the person who browses on or connects to the Site, without necessarily being a Buyer or a Beneficiary.
Section 1 - General Terms and Conditions of Sale (GTC) for online purchases
The offer and sale on the Website of Vouchers and Experiences constitute a distance contract governed by Chapter I, Title III (art. 45 et seq.) of the Consumer Code and Legislative Decree 9 April 2003, no. 70, containing the rules of electronic commerce.
Article 1.1: Procedure for placing orders and drawing up the contract
Article 1.1.1: Registration of the order
The Purchaser can make online purchases of Vouchers and Experiences exclusively via internet on the Site https://www.dolomiti.it
The procedure for placing orders on the Site involves, in particular, the following steps:
- The Buyer selects and configures autonomously, one or more Holiday Vouchers / Value Vouchers or Experiences on the Site.
- The Buyer must proceed with the order by creating and/or connecting to his account by clicking on the link provided for this purpose (Login / Register).
The creation of an account gives access to a personal space that allows the Buyer to manage his personal data, Holiday Vouchers / Value Vouchers or Experiences (See Article 1.1.2). - The summary document, which contains all the choices and the total price of the selected Vouchers or Experiences, the details, any shipping costs as well as the method of payment, will allow the Buyer to check all the details of his order and then make any necessary changes, before the final registration of the order.
- The registration of the order will be made after acceptance of these GTC.
- The sale shall be considered final only after acceptance of the means of payment used and collection of the full price of the Holiday Voucher/Voucher or Experience by DESTINATION S.r.l.
For payments by credit card, the contract will be definitively concluded after the bank has accepted the payment.
DESTINATION S.r.l. reserves the right to refuse or cancel orders from Buyers with whom there is a dispute regarding payment of a previous order that has remained unpaid, or in the event of serious suspicion of a fraudulent order.
DESTINATION S.r.l. will send an email confirming the online Purchase to the Purchaser, which will include all information relating to the same. By printing and/or storing this email, the Buyer will have a means of proof of the order placed.
The e-mail confirming the Purchase must be kept by the Buyer. This email will be requested by DESTINATION S.r.l. as a means of proof of Purchase in the event of problems of non-activation of the Holiday Coupon/Voucher or Experience.
Article 1.1.2: Buyer's account
The Buyer guarantees that all the information he provides to DESTINATION S.r.l. is accurate and free from any misleading character.
The Buyer agrees to update his information through his personal space in case of change.
The Buyer is informed and agrees that the information entered for the purpose of creating or updating his account is valid as proof of his identity.
The information entered by the Buyer binds him since their confirmation.
Buyer agrees to maintain the confidentiality of its account username and password.
The Buyer also agrees to use a unique password for this Site and to change it regularly.
Any intervention carried out with the Buyer's username and password will be considered carried out by the Buyer and the Buyer will remain solely responsible.
The Buyer therefore expressly relieves DESTINATION S.r.l. of all responsibility in the event of abusive or fraudulent use by third parties of their identification elements and/or their account.
In the event of loss, theft or any fraudulent use of his username and/or password, the Purchaser must immediately inform DESTINATION S.r.l. in order to obtain replacement of the access credentials. Proof of identity will be requested (for which reason the accuracy of the data entered during registration is essential).
If it is not possible to verify the identity of the Buyer, it will not be possible to recover the account and the relative Holiday Vouchers / Value Vouchers or Experiences purchased online and not yet used.
Article 1.2: Prices and conditions of payment
Article 1.2.1: Prices
The prices displayed on the Website of the Holiday Vouchers and Experiences are those in force on the day of the order and include VAT at the applicable legal rate.
Any shipping costs are not included in the price, unless explicitly indicated by DESTINATION S.r.l.. These costs are invoiced in addition and indicated before the final confirmation of the order. Shipping costs are subject to VAT at the applicable legal rate.
Furthermore, DESTINATION S.r.l. shall not be held responsible for the fluctuation of currency exchange rates during the life of the Holiday Vouchers and the Experiences, should they be used in countries other than that of purchase.
Article 1.2.2: Payment conditions
The buyer can choose the payment method among those listed on the Site:
- By credit/debit card (Bancomat Card, Visa Card, Eurocard/Mastercard, Amex, Postepay): indicating directly in the space provided for this purpose, the card number, its validity date, the control code indicated on the back of the card.
The full amount of the order may be debited from the bank card on the day of the order, or may be pre-authorised and debited at a later date. DESTINATION S.r.l. reserves the right to suspend all processing of the order in the event of failure to authorize payment by the bank. The Site allows the Purchaser to transmit their bank details in a confidential and secure manner at the time of ordering (via SSL encrypted connection).
Article 1.2.3: Security of payments
In order to protect the Buyer and DESTINATION S.r.l. from fraudulent practices, orders of Holiday Vouchers and Experiences are regularly checked.
DESTINATION S.r.l. may suspend processing of an order and contact the Buyer or Beneficiary to obtain supporting documents necessary to release the order: e.g. proof of address, identity or bank details. These documents must correspond to the personal details entered at the time of the order and, if necessary, to the details of the holder of the payment card used.
For an order with a delivery address that differs from the invoicing address, DESTINATION S.r.l. may contact both the persons indicated for the purpose of checking.
The information obtained may be subject to automated data processing in order to define a level of security for transactions and to combat credit and debit card fraud.
These proofs may be requested by email, post or telephone. Failure to provide these may result in your order being cancelled.
Article 1.3: Right of withdrawal and cancellation periods
Article 1.3.1: Right of Withdrawal for Holiday Vouchers / Value Vouchers and Experiences
Pursuant to article 59, paragraph I, letter n of Legislative Decree no. 206/2005 ("Consumer Code") DESTINATION S.r.l. informs the Customer that the right of withdrawal provided for in article 52 of the Consumer Code does not apply.
In fact the Holiday Vouchers/Voucher Value and Experiences purchased on the Website are a Contract with the object of supplying services related to free time and provided by the organizer on a specific date or in a precise period of time.
The Purchaser is hereby informed that he/she will therefore not be able to exercise this right in relation to the purchase of Holiday Vouchers / Value Vouchers and Experiences.
Article 1.3.2: Cancellation by the organiser due to force majeure
If the organizer of the service is unable to provide the agreed Experience on the specific date and time agreed for reasons of force majeure such as adverse weather conditions, health emergencies, illness or any condition that constitutes a safety issue, before or during the Experience, the organizer may decide to cancel it. In this case, it will be the responsibility and faculty of the organizer to propose to the buyer alternative dates and/or solutions.
Article 1.4: Digital delivery
The Holiday Vouchers / Value Vouchers and Experiences will be delivered in electronic format (PDF file) to the email address indicated by the Buyer at the time of his/her online Purchase. In addition, through his account with which the purchase was made, it will be possible to retrieve the voucher in PDF format.
DESTINATION S.r.l. cannot in any case be held responsible in the event of an error in entering the delivery email address on the part of the Purchaser.
The Purchaser may however contact DESTINATION S.r.l. pursuant to Article 3.1.
Article 1.4.3: Mode of transport and delivery period
The electronic delivery of the Holiday Vouchers / Value Vouchers and Experiences takes place within a few minutes from the payment confirmation. DESTINATION S.r.l. reserves a maximum delivery time of 7 working days in the event of problems of a technical nature.
The Buyer will receive an email that may contain:
- Confirmation of the purchase of Holiday Vouchers / Value Vouchers or Experiences.
- The Holiday / Value or Experience Voucher in PDF format as an attachment or alternatively a link to the Site to access your private area and download the voucher in PDF format
In any case the email will contain the instructions that will be useful to the Buyer in order to take advantage of the Holiday or Experience Voucher.
Section 2 - General Terms and Conditions of Use (GTU)
Article 2.1: Conditions of use of the Experiences
Article 2.1.1: Gastronomy and alcohol
The Beneficiary is informed that when the Benefit included in a Vacation Voucher/Voucher or Experience includes a meal, the menu of the same is agreed in advance between the organizer and the restaurant/hotel.
The Beneficiary will not be able to choose the meal freely from the restaurant/hotel's "a la carte" menu unless the organizer explicitly agrees.
Booking is compulsory and serves to guarantee the availability and quality of the service. Please contact directly the organizer listed in the voucher.
Please also note that in accordance with the provisions of article 14-ter of Law no. 125/2001 as amended. the sale and serving of alcoholic beverages to persons under 18 years of age is prohibited.
The Beneficiary guarantees that he/she is 18 years old at the time of the use of the Service if it includes the serving of alcoholic beverages. DESTINATION S.r.l. reminds you that alcohol abuse is dangerous for your health.
Any allergies or intolerances must be reported to the organiser in good time when booking.
Article 2.2: Duration of validity of the Experiences
The Holiday Vouchers and the Experiences may have a different period of validity according to the rules defined by the organizers of the experiences published on the Site. The date of validity is indicated in the PDF and on the Site.
DESTINATION S.r.l. reserves the right to integrate and/or modify the list of Experiences or to cease their distribution at its sole discretion and unquestionable judgement at any time.
In case it is no longer possible to provide an already purchased and valid Experience, the organizer will propose to the Beneficiary a method of exchange or refund.
Article 2.3: Online booking of stays and package tours
Article 2.3.1 Booking of stays
To take advantage of the Holiday Vouchers it is necessary to contact directly the organizer reported in the voucher to check the availability of rooms and to reserve them. The reservation is required and serves to ensure hotel availability in the desired period.
Article 2.3.2 Package tours
The European Directive 2015/2302 of the European Parliament and of the Council of 25 November 2015 relating to package tours and related tourist services, transposed in Italy within the Tourism Code with Legislative Decree no. 62/2018; may concern certain Benefits proposed in the Holiday Vouchers / Value Vouchers or Experiences.
When the Service chosen by the Beneficiary can be classified as a Tourist Package, the Beneficiary will be informed of this through the Website, prior to his or her online reservation confirmation. At this time, he or she will receive all pre-contractual information required by the Tourism Code.
For matters related to any health formalities applicable to the Tourist Packages marketed by the organisers and sold through the Website, the Beneficiary is invited to keep up to date with the current regulations by informing himself/herself on official channels such as http://www.salute.gov.it/ and https://www.governo.it/it/ in order to know all the recommendations and obligations related to any health risks in the country.
Finally, again with regard to Tourist Packages, DESTINATION S.r.l. informs that the organizer shall be exclusively responsible, within the limits and under the conditions established by articles 32 et seq. of the Tourism Code, as "seller".
In case of contractual default in the execution of the Performances framed as Tourist Packages the responsibility will be of the organizer to whom is entrusted the technical direction (where required by law). In this way the Beneficiary will always have a reference in case of difficulties related to the execution of the Service.
It is understood that neither DESTINATION S.r.l. nor the organizer will ever be liable for non-fulfillment or inexact execution - in whole or in part - of the chosen Service if they are, in whole or in part, attributable to the Beneficiary or to a case of force majeure, in accordance with the provisions of article 43, paragraph 3, of the Tourism Code.
Section 3 - Information common to CGVs and CGUs
Article 3.1: Customer Service - Complaints
Requests for information and any claims relating to the purchase of Holiday Vouchers and Experiences should be addressed to DESTINATION LUXURY S.r.l.:
- Through our Website, by consulting the "Contact Us" section.
- By mail to: DESTINATION S.r.l. Via Psaro 13, 32100 Belluno, BL
DESTINATION S.r.l. is the sales channel but not the organizer.
For requests for information and any complaints regarding the Service, the Beneficiary must contact the organizer in question directly, who is solely responsible for the proper execution and compliance of his or her Service.
Article 3.2: Contacting the organiser
The voucher itself (PDF file) contains the contact details of the organiser to whom you should refer in relation to the service.
Only the organiser will be able to provide up-to-date and complete information regarding its products sold on the Site.
Article 3.3: Data Protection and Cookies
For information on the protection of personal data and cookies implemented by DESTINATION S.r.l., Users, Purchasers and Beneficiaries are invited to read the Privacy Statement available on the Site.
Navigation and purchase on the Site imply implicit acceptance of the aforementioned terms.
See also: https://www.dolomiti.it/it/privacy-e-policy-sui-cookie
Article 3.4: Intellectual property and copyright
The elements that make up the holiday vouchers/value vouchers or Experiences, such as, for example, the texts, photographs, images, icons, logos, as well as the DESTINATION S.r.l. trademark, are the full and exclusive property of DESTINATION S.r.l. or the respective organizers/commercial partners. It is strictly forbidden to use, reproduce, represent, modify, transmit, publish or adapt, in any way whatsoever, all or part of these elements without the prior written authorization of DESTINATION S.r.l..
The entire Site is an original work protected by intellectual property rights. The Site and every element that makes it up (such as registered trademarks, logos, texts, etc.) are the property of DESTINATION S.r.l., its Partners or third parties, and are protected by intellectual property rights.
By accessing the Site, the User, the Purchaser and the Beneficiary are granted a limited licence to use the Site, on a non-exclusive basis and for private use only.
Therefore, the reproduction of documents published on the Site is possible for information purposes only and for strictly personal and private use.
It is expressly forbidden to reproduce or modify, in whole or in part, the Site or any of the elements that make it up and that belong to DESTINATION S.r.l. or third parties, unless prior written authorisation has been obtained from DESTINATION S.r.l. or third parties who own the rights to the work.
Any operation in violation of the above shall expose the User, the Buyer and/or the Beneficiary to criminal and civil liability.
Article 3.6: Applicable law and settlement of disputes
These General Conditions and the contract concluded on the occasion of a Purchase of Holiday Vouchers or Experiences are subject to Italian law.
In the event of any dispute, the Parties undertake, before taking any legal action, to try to reach an amicable solution in good faith within a period of thirty (30) working days.
The Buyer or Beneficiary must therefore first submit his claim in writing to the Customer Service of DESTINATION S.r.l., attaching the supporting documents to one of the following addresses:
- Registered mail to: DESTINATION S.r.l. Via Psaro 13, 32100 Belluno BL, Italy
- Certified email (PEC): destinationsrl@legalmail.it
The Purchaser and the Beneficiary are informed that they may also lodge a complaint with the European online dispute resolution platform accessible at the following URL: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=false
In case of impossibility to find an amicable agreement, the dispute will be devolved to the competent Italian jurisdiction according to the applicable laws in force.
The Buyer or the Beneficiary accept that the place of jurisdiction shall be Belluno.m/Translator (free version)