Terms & Conditions

General Terms and Conditions

These General Terms and Conditions govern the offering and the sale of the services on the website www.destinationitalia.com (hereinafter referred to as the “Website”) that can be purchased by customers, the end users (hereinafter referred to as the “End User(s)”).

The Website is exclusively owned by Destination Italia S.p.a., with registered offices in Milan (Italy), Via Melzo 12, 20129 Milano, VAT No.: 09642040969

We would ask all Users to read all the General Terms and Conditions before sending any purchase order.

If any User is unwilling to accept all the General Terms and Conditions, they are not authorised to use the Website. By accessing this Website, Users undertake to make personal use of the Website, and its contents and information and not for trading purposes. By accessing the Website and accepting the General Terms and Conditions, Users also declare that they are over the age of 18 and have the ability to act.

Destination Italia provides a platform through which it makes available to Users:

  1. Tickets in order to redeem tickets issued by museums, cultural institutions, theatres and other leisure time activities made available by its Commercial Partners (hereinafter referred to as the “Provider(s)”) or by third parties to gain entry to facilities and exhibitions and/or make use of leisure time services provided by the Provider and/or by third parties. In this case, during the purchasing process, the General Terms and Conditions of use of each Provider will be made available to Users.
  2. Tickets made available by Destination Italia that give the User the right to receive various types of services provided directly by the Provider (hereinafter all the tickets relating to in points a) and b) will be referred to as “Services”).

The Services will be sold at a price indicated in Euro and that will always be inclusive of VAT.

For any information you can refer to the Customer Care service of Destination Italia at the following email address: customercare@destinationitalia.com

All Services are offered for sale to the Users in compliance with any applicable law

  1. Purchasing Services

Users may purchase Services available on the Website and, once a purchase has been made, the User will receive a confirmation email with the Ticket and/or Numerical Code (hereinafter referred to as the “Ticket”) attached, which must be given to the Provider in order to make use of the purchased Service.

Credit card processing services for goods and / or services purchased on this Site are provided by Destination Italia.

  1. Right of withdrawal

The User who owns the Ticket (hereinafter referred to as the “Owner of the Ticket”) shall be entitled to apply for a refund of the amount paid within a maximum period of 14 days from the date of payment and Destination Italia shall reimburse the amount no later than 14 days after the date on which the refund application was made. After such time, the Owner of the Ticket shall not be entitled to any withdrawal.

The User can apply for the refund of the Ticket using any explicit method such as by sending an email customercare@destinationitalia.com.

The right of withdrawal cannot be applied to sales relating to the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance (such as, for example, with Tickets for shows, exhibitions, events, museums, amusement parks or similar whenever a specific date or period of performance of the service has been specified and/or agreed).

Once a Ticket has been used, the right of withdrawal can no longer be exercised. Similarly, if the Ticket indicates an expiration date, it cannot be used after the expiration date and under no circumstances can a refund for it be applied for.

If the Ticket is sold in relation to Services provided directly by suppliers, for which a specific date or period of performance has been specified, if the User does not submit or use the Ticket on/in the specified date or period, they shall not be entitled to ask for any refund of the amounts paid.

  1. Rules of Conduct for use of the Website

The User undertakes to use the Website for legitimate purposes and in compliance with the Terms and Conditions in use. In particular, the User is obliged not to send or disseminate through the Website and its functions any contents of any nature that are or may be perceived as unlawful, defamatory, vulgar, obscene, abusive or in any way a nuisance and also undertakes not to use the Website and its functions in such a way as to cause any harm or damage, also to the image and reputation of Destination Italia.

In addition, the User undertakes not to send, transmit or disseminate material and contents of an advertising and promotional nature, that are undesired or unsolicited and/or not requested, which could interfere or cause harm to the functions of the Website or to the use of the Website by third parties.

  1. Links to other web pages

The Website may contain links to websites not managed by Destination Italia. These links are provided as a simple reference. Destination Italia does not control these websites and therefore is not in any way responsible for their contents.

  1. Restrictions and Liabilities

5.1 Destination Italia makes Tickets available to Users which entitle them to make use of Services not directly provided by Destination Italia. Except in the event of fraud or gross negligence and within the maximum limits permitted by law, the User acknowledges and accepts that Destination Italia shall not in any way be liable to the User for any direct or indirect damages, losses, costs, charges and expenses, including any legal costs, that may be incurred and/or sustained by the User in connection with the products and/or services offered by the Providers. Therefore, no compensation for damages may be sought from Destination Italia by the User for any damages incurred as a consequence of using the service purchased through the Website. In addition, Destination Italia shall not in any way be liable to the User for any delays or breaches in its obligations, if such delays or breaches are the result of reasons of force majeure.

5.2 If the Provider, for reasons unknown or, nevertheless, not ascribable in any way to Destination Italia, fails to recognise the Ticket issued by Destination Italia that gives the User the right to make use of the Provider’s Services, Destination Italia shall be obliged solely to return to the User the amount already paid for the purchase of the Ticket.

  1. Changes to the General Terms and Conditions of use

With a view to improving the services it offers, Destination Italia reserves the right to make changes to the General Terms and Conditions, by notifying the Users of such changes with adequate advanced notice. The User must accept the General Terms and Conditions in order to be able to continue using the Website.

The acceptance of these General Terms and Conditions does not imply the stipulation of any company contract, mandate contract, franchising contract or employment contract between Destination Italia and the Users.

  1. Industrial and intellectual property rights

The User acknowledges and recognises that all the information, data, software, contents, music, sounds, photographs and pictures, videos and every other content on the Website (hereinafter referred to as the “Contents”) are exclusively owned by Destination Italia and its licensors.

The User does not have and does not acquire any right over such Contents and/or over the ownership of the Website, except for the right to use the Website pursuant to these General Terms and Conditions.

The User is authorised to print and/or download Contents on the Site (including these General Terms and Conditions) solely for their personal use.

 

PRIVACY POLICY

Last updated May 2018

We recognise the importance of protecting your privacy and your rights with regards to data protection. The Internet is a very powerful medium when it comes to transmitting personal information; for that reason, we and all other companies belonging to the lastminute.com group undertake the serious task of respecting the current laws regarding the protection of personal data and the security of the same, with the aim of guaranteeing secure, controlled and confidential navigation for its users and customers when visiting and/or using the Website and/or use our Comparison Service (you as a “User”) or then purchase our services (you as a “Customer”).

This Privacy Policy describes how we collect, use, process, and disclose your personal data in conjunction with your access to and use of our Website and services and, specifically:

  1. Who is the controller of your data?
    2. What categories of your data do we collect and use?
    3. Why and how do we collect your data?
    4. Who sees, receives and uses your data and where?
    5. How long do we retain your data?
    6. What are your data protection rights and how can you exercise them?
    7. Contact details of the data controller
    8. Contact details of our data protection officer
    9. Information about cookies
    10. Update and old versions of this privacy policy

It also informs you how you can exercise Your Rights (including the right to object to some of the data handling we carry out). More information about your rights and how you can exercise them is set out in the section below.

If you see an undefined term in this Privacy Policy (such as “Service” or “Website”), it has the same definition as in our Company contractual service conditions.

1. Who is the controller of your personal data?

When this policy mentions “Company”, “we,” “us,” “our” or “Data Controller”, it refers to:

Destination Italia S.p.a., register under no. P.IVA 09642040969 and with registered office at Via Melzo 12, 20129 Milano, Italy

2. What categories of your data do we collect and use?

When you visit the Website and use our Comparison Service (you as a “User”) or then purchase our services (you as a “Customer”) we collect the categories of personal data as follows:

2.1. Personal data provided by you

  • The personal data that you share with us when you register for an account, subscribe to newsletters and which you provide to us when using our services, including the information entered into our booking platform and included in your comments, reviews or messages sent via telephone to our Customer Care Team or through the Live Chat.
  • Special categories of personal data (for example, information concerning your health or revealing religious or sexual orientation that you might voluntary provide us in the course of making a booking by selecting the box “special transportation need” and filling in the empty field or by other means, such as via telephone to our Customer Care Team or through the Live Chat or at any moment when making a booking.  We will use the special categories of personal data only as strictly necessary to fulfil your request.

The provision of the above personal data, where requested, is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.

It is important that all the personal data you give us when you register as a User or otherwise when you use the Website is correct and accurate. This includes, by way of example only, ensuring that we have your correct contact (including email) details at all times.

If you plan to submit someone else’s personal data to us, for instance when booking on their behalf, you should only provide us with that third party’s details with their consent and after they have been given access to this Privacy Policy.

Please note that we may collect and use information of children only as provided by their parent or guardian or with their consent. If we become aware that we have processed information of a child without the valid consent of a parent or guardian, we reserve the right to delete it.

2.2. Personal data collected automatically from our Website and from third parties

  • Information about your visits to and use of the Website, such as information about the device and browser you are using, your IP address or domain names of the computers connected to the Websites, uniform resource identifiers for requests made, the time of request, the method used to submit the request to the server, the size of the archive obtained as a response, the numerical code indicating the status of the response given by the server (correct, error, etc.) and other parameters relative to the operating system and the computer environment used, the date and time that you visited, the duration of your visit, the referral source and website navigation paths of your visit and your interactions on the Website including the Services and offers you are interested in. Please note that we may associate this information with your account.

Please see the cookies section of this Privacy Policy (9. Information about cookies) for further information on the purposes for which we collect and use this information.

  • If you link, connect or login to your account with a third party service (e.g., Facebook, Google), the third party service may send us information such as your registration and profile information (i.e. user name, user ID associated with your social media account, picture, email), and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review and, if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our Website.
  • To the extent permitted by the applicable law wherein we receive additional information about you, such as fraud detection information and warnings from third party service providers and/or partners for our fraud prevention activities.

3. Why do we collect your data?

In general terms, we use your personal data to provide you with the services you request, process payment, provide customer services, send you marketing and promotional communications, notify you about important changes to our Website and to deliver our content and ads which we think may be of interest to you. More specifically:

Why? A. To create and maintain the contractual relation established for the provision of the Service requested you in all its phases and by way of any possible integration and modification (Mediation service as a travel agency to guarantee our assistance to you during the booking process). B. For sending you information via email, phone or SMS relative to the established contractual relationship, including any communication relating to modifications thereof  (If you request a quote, as your travel agency we will send it to you via e-mail and we can contact you by phone to discuss it)

On which legal basis? To fulfil a contract, or take steps linked to a contract.

Why? C. To meet the legal, regulatory and compliance requirements and to respond to requests by government or law enforcement authorities conducting an investigation.

On which legal basis? To comply with the law.

Why? D. To carry out anonymous, aggregative statistical analyses so that we can see how our Website, products and services are being used and how our business is performing.

On which legal basis? To pursue our legitimate interest(i.e. improving our Website, its features and our products and services).

Why? E. To send you (in cases permitted by law excepting where you did not object) advertising material via email or, where permitted by the law, other equivalent electronic communication regarding products and services similar to those already purchased by you and offered on our Website. On some occasions, we may send you a personalised and tailored version of the aforementioned advertisement materials.

On which legal basis? Soft Opt-in/To pursue our legitimate interest (i.e. marketing).

Why? F. Without prejudice to the provisions of the preceding paragraph E, and only with your consent, to send you via email, phone, mail, SMS or MMS the best deals and offers on products and services we think you might find interesting which are marketed by us or our partners or business partners operating in the following sectors: tourism, leisure, entertainment, high technology, fashion, decoration, consumer goods, food and beverage, finance, banking, insurance, energy, environment, communication, mass media, real estate, pharmaceuticals, clothing and textiles, education and training, energy, publications and publishing, information and communications technology, retail, sport, telecommunications and general services. For further information about how we decide that our offers and deals might be of interest to you please, read here.

On which legal basis? Where you give your consent (by ticking the appropriate check box).

Why? G. Passing your data to BravoNext, S.A. to collect and obtain the information about your bookings from the Data Controller with which you have contracted, in turn authorising this company to share this information to BravoNext, S.A.; this will facilitate the search and location of bookings you have made with any company of lastminute.com group on any of the Websites of the lastminute.com group through the APP  or the personal area.

On which legal basis? Where you give your consent (when you register or log into the APP or personal area).

Why? H. To keep our Website and systems secure and to prevent and detect fraud, security incidents and other crime.

On which legal basis? To pursue our legitimate interest(i.e. ensuring the security of our Website).

Why? I. To verify compliance with our terms and conditions and for the establishment, exercise or defence of legal claims.

On which legal basis? To pursue our legitimate interest(i.e. compliance with our terms and conditions, protection of our rights in the event of any dispute or claim).

Why? J. To tailor and personalise online marketing notifications and advertising for you based on the information on your use of our Website, products and services and other sites collected through cookies (please see the Cookies section of this Privacy Policy for further information)

On which legal basis? Where you give your consent (i.e. through the cookie banner or by your browser’s settings).

4. Who sees, receives and uses your data and where?

4.1. Categories of recipients of your data

We share your personal data, for the purposes described in this privacy policy, to the following categories of recipients:

  • Our authorised employees and/or collaborators that assist and advise us on administration, products, legal affairs, Customer Care Team, and information systems, as well as those in charge of maintaining our network and hardware/software equipment;
  • Airlines, hotels, car hire companies, insurance companies, tour operators as well as those other parties to which it is necessary to disclose your personal data in order to provide you with the requested services that will be operating as autonomous data controllers. Please note that airline companies are required, in accordance with new regulations introduced in the US and other countries, to allow customs and border authorities to have access to flight passenger data. For that reason, in certain situations, we may communicate data collected on passengers included in the reservation to the competent authorities of the countries included in the Customer’s travel itinerary if required by the local law.
  • Our third-party service providers (including other entities of the lastminute.com group), which process your personal data on our behalf and under our instructions for the purposes described hereinabove acting as data processors, such as those providing us with IT and hosting services call centre and customer support, analytics and administration services etc.
  • Payment providers and financial institutions (e.g. for chargeback, fraud detection and prevention purposes) acting as autonomous data controllers.
  • Our business partners who are social media platforms when it is explicitly requested by you (e.g. when using social media authentication methods).
  • Competent authorities when we are required to do so by the current law.
  • Competent authorities and Law and enforcement third parties when this is necessary so that we can enforce our terms of use and protect and defend our rights or property or the rights or property of any third party.
  • Third parties that receive the data (e.g. business consultants, professionals for delivering due diligence services or assess value and capabilities of the business) when it is necessary in connection with any sale of our business or its assets (in which case your details will be disclosed to our advisers and any prospective purchaser’s advisers and will be passed to the new owners.

The complete list of parties to which your personal data may be disclosed is available at our registered office and may be requested by writing to customercare@destinationitalia.com

4.2. International transfer of your data

Users’ and/or Customers’ personal data is processed in at the Data Controller’s registered office (see point 1) , on lastminute.com group servers, and at the offices of other entities to which data may be provided in order to provide the services requested of the Data Controller.

Given the fact that we are an international travel company, we also transfer your personal data to:

  • non-European Economic Area (EEA) countries offering an adequate level of data protection such as Switzerland in accordance with the “Adequacy decisions” of the EU Commission that recognises some countries as providing adequate protection;
  • non-European Economic Area countries where data protection laws may be less protective than the legislation in the EEA. This happens when:
    • we disclose your data to autonomous data controllers such as airlines, hotels, car hire companies, tour operators etc. that might process your data outside the EEA in order to provide you with the requested services.
    • we disclose your data to our service providers who act as data processors on our behalf that might be located in a country outside the EEA, including Morocco, India and Tunisia. When such a transfer happens, we ensure that it takes place in accordance with this Privacy Policy and is regulated by standard contractual clauses approved by the European Commission as ensuring adequate protection for data subjects. Our providers, acting as data processor, may be engaged in, among other things, the fulfilment of your service request, the processing of your payment details, the provision of advertising and marketing services on our behalf and the provision of support services through electronic communications or call centre.

Should you want to obtain further details about the safeguards put in place, you can contact us by writing to customercare@destinationitalia.com.

5. How long do we retain your data?

We retain your personal data for as long as is required to achieve the purposes and fulfil the activities as set out in this Privacy Policy, otherwise communicated to you or for as long as is permitted by applicable law. Further information about the retention period is available here https://www.lastminute.com/en/info/retention-periods.html.

6. What are your data protection rights and how can you exercise them?

You can exercise the rights provided by the Regulation EU 2016/679 (Articles 15-22), including the right to:

Right of access: To receive confirmation of the existence of your personal data, access its content and obtain a copy.

Right of rectification: To update, rectify and/or correct your personal data.

Right to erasure/right to be forgotten and right to restriction: To request the erasure of your data or restriction of your data which has been processed in violation of the law, including whose storage is not necessary in relation to the purposes for which the data was collected or otherwise processed; where we have made your personal data public, you have also the right to request the erasure of your personal data and to take reasonable steps, including technical measures, to inform other data controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

Right to data portability: To receive a copy of your personal data you provided to us for a contract or with your consent in a structured, commonly used and machine-readable format (e.g. data relating to your purchases) and to ask us to transfer that personal data to another data controller.

Right to withdraw your consent: Wherever we rely on your consent (see p. 3 – F, G and J), you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes.

Right to object, at any time: You have the right to object at any time to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement (see p. 3-D, H, I), or where we are using your data for direct marketing (p. 3-E).

You can exercise the above rights at any time by:

  • Contacting us via email at customercare@destinationitalia.com
  • As for direct marketing, please note that you can also object at any time by clicking the unsubscribe link which we provide in each communication sent to you
  • As for online targeted ads and the withdrawal of your consent please refer to our Cookie section of this Privacy Policy.

Your rights in relation to your personal data might be limited in some situations. For example, if fulfilling your request would reveal personal data about another person or if we have a legal requirement or a compelling legitimate ground we may continue to process your personal data which you have asked us to delete.

You also may have the right to make a complaint if you feel your personal information has been mishandled. We encourage you to come to us in the first instance but, to the extent that this right applies to you, you are entitled to complain directly to the relevant Data Protection Supervisory Authority.

7. Contact details of the data controller

The contact details of the Data Controller of the data processing described hereinabove are:

Destination Italia S.p.a., register under no. P.IVA 09642040969 and with registered office at Via Melzo 12, 20129 Milano, Italy

8. Contact details of our data protection officer (DPO)

Our Data Protection Officer (or “DPO”) is available at:

9. Information about cookies

Cookies are small files which are stored on your computer, they hold a modest amount of data specific to you and allows a server to deliver a page tailored to you on your computer, hard drive, smartphone or tablet (hereinafter referred to as, “Device”). Later on, if you return to our Website, it can read and recognise the cookies. Primarily, they are used to operate or improve the way our Website works as well as to provide business and marketing information to the Website owner.

In accordance with the notice of cookie usage appearing on our Website’s homepage and our Cookie Policy you agree that, when browsing our Website, you consent to the use of cookies described herein, except to the extent that you have modified your browser settings to disable their use. This includes but is not limited to browsing our Website to complete any of the following actions: closing the cookie notice on the Homepage, scrolling through the Website, clicking on any element of the Website, etc.

What follows is a description of the type of cookies used in the website:

9.1 Types of cookies according to the managing entity

Depending on what entity manages the computer or domain from which the cookies are sent and processed, there exist the following types of cookies:

  • First party cookies: these are sent to your Device from a computer or domain managed by us and from which the service you requested is provided.
  • Third party cookies: these are sent to your Device from a computer or domain that is not managed by us, but by a separate entity that processes data obtained through cookies.

9.2. Types of cookies according to the length of time you stay connected:

Depending on the amount of time you remain active on your Device, these are the following types of cookies:

  • Session cookies: these are designed to receive and store data while you access the Website. These cookies do not remain stored on your Device when you exit the session or browser.
  • Persistent cookies: these types of cookies remain stored on your Device and can be accessed and processed after you exit the Website as well as when you navigate on it for a pre-determined period of time. The cookie remains on the hard drive until it reaches its expiration date. The maximum time we use persistent cookies on our Website is 2 years. At this point the browser would purge the cookie from the hard drive.

9.3. Types of cookies according to their purpose

Cookies can be grouped as follows:

  • a) Technical cookies: these cookies are strictly necessary for the operation of our Website and are essential for browsing and allow the use of various features. Without them, you cannot use the search function, compare tool or book other available services on our Website.
  • b) Personalisation cookies: these are used to make navigating our Website easier, as well as to remember your selections and offer more personalised services. In some cases, we may allow advertisers or other third parties to place cookies on our Website to provide personalised content and services. In any case, your use of our Website serves as your acceptance of the use of this type of cookie. If cookies are blocked, we cannot guarantee the functioning of such services.
  • c) Analytical cookies for statistical purposes and measuring traffic: these cookies gather information about your use of our Website, the pages you visit and any errors that may occur during navigation. We also use these cookies to recognise the place of origin for visits to our Website. These cookies do not gather information that may personally identify you. All information is collected in an anonymous manner and is used to improve the functioning of our Website through statistical information. Therefore, these cookies do not contain personal data. In some cases, some of these cookies are managed on our behalf by third parties, but may not be used by them for purposes other than those mentioned above.
  • d) Advertising and re-marketing cookies: these cookies are used to gather information so that ads are more interesting to you, as well as to display other advertising campaigns along with advertisements on the Website or on those of third parties. Most of these cookies are “third party cookies” which are not managed by us and, because of the way they work, cannot be accessed by us, nor are we responsible for their management or purpose. Our Privacy Policy contains more information about the way third party cookies work, their purpose and how they are used. You may find this information in the list of cookies available in Clause 5 of our Cookie Policy. To that end, we can also use the services of a third party in order to collect data and/or publish ads when you visit our Website. These companies often use anonymous and aggregated information (not including, for example, your name, address, email address or telephone number) regarding visits to this Website and others in order to publish ads about goods and services of interest to you.
  • e) Social cookies: these cookies allow you to share our Website and click “Like” on social networks like Facebook, Twitter, Google+, and YouTube, etc. They also allow you interact with each distinct platform’s contents. The way these cookies are used and the information gathered is governed by the privacy policy of each social platform, which you can find on the list below in Paragraph 5 of our Cookie Policy.

To see the list of cookies used on this Website, click here https://www.lastminute.com/info/list-cookies.html.

The information contained in the above list of cookies has been provided by the other companies which generate them.

These companies have their own privacy policies in which they set forth both their own declarations as well as applicable disabling systems.

The lastminute.com group is not responsible for the contents and accuracy of third party cookie policies contained in our Cookie Policy.

You must keep in mind that if your Device does not have cookies enabled, your experience on the Website may be limited, thereby impeding the navigation and use of our services.

There are a number of ways to manage cookies. By modifying your browser settings, you can opt to disable cookies or receive a notification before accepting them. You can also erase all cookies installed in your browser’s cookie folder. Keep in mind that each browser has a different procedure for managing and configuring cookies. Here’s how you manage cookies in the various major browsers:

If you use another browser, please read its help menu for more information.

If you would like information about managing cookies on your tablet or smartphone, please read the related documentation or help archives online.

We do not install third party cookies. They are installed by our partners or other third parties when you visit our Website. Therefore, we suggest that you consult our partners’ Websites for more information on managing any third party cookies that are installed. However, we invite you to visit the following website http://www.youronlinechoices.com/where you can find useful information about the use of cookies as well as the measures you can take to protect your privacy on the internet.

10. Update and old versions of this privacy policy

We reserve the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on our Website and update the “Last Updated” date at the top of this Privacy Policy.

Old versions of this Privacy Policy are available here.

 

Governing law and exclusive jurisdiction

The T&C and the relationship between the User and Destination Italia are governed, to the extent permitted by the applicable law, by Italian law. To the extent permitted by the applicable law and international agreements, the parties agree that any dispute arising from the T&C will be submitted to the exclusive competence of the ordinary courts where Destination Italia is based.
Destination Italia reserves the right to summon the User before the competent courts of the User’s domicile.

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