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These terms and conditions of on-line sales (hereinafter referred to as the "Terms and Conditions") regulate the sale of services, as defined below, offered by Società per azioni Esercizi Aeroportuali S.E.A, with registered office in Segrate (MI), Milan Linate airport, share capital € 27,500,000.00 fully paid, registered in the Companies' Register at the Chamber of Commerce (CCIAA) of Milan under REA No. 472807, Tax Code and VAT No. 00826040156 (hereinafter "SEA"), executed from remote through the following websites:
SEA offers the following services on its Website: ViaMilano Parking, ViaMilano Lounge, ViaMilano Fast Track, MilanoCard and the service of Truestar Group S.p.A. named Truestar SecureBag (hereinafter referred to jointly as the "Services"). The terms applicable to each service are specified in the following paragraphs. It is understood that in the event that not all services are offered, these Terms and Conditions will apply with reference to individual service offered.
2.1 ViaMilano Parking
2.1.1 The ViaMilano Parking service consists in the provision of Parking spaces (hereinafter "Parking Spaces") at parking facilities located at the Milan Linate, Milan Malpensa and Bergamo Orio al Serio airports. With specific reference to the Parking Spaces at Bergamo Orio al Serio, please note that SEA provides such online sales in name of SEA and on behalf of S.A.C.B.O. - Società per l'Aeroporto Civile di Bergamo Orio al Serio S.p.A..
2.1.2 The Parking Spaces offered on the Website is subject to their possible limited availability.
2.1.3 The Customer acknowledges and agrees that the service ViaMilano Parking will not offer any service of custody and surveillance of the parked vehicle . In this regard, the Customer declares that he was informed of the exclusion of vehicle custody prior to acceptance of these Terms and Conditions. Accordingly, no liability can be attributed to SEA or to the third party company which manages the parking at Bergamo Orio al Serio airport in case of theft or damage to the parked vehicle.
2.1.4 The Customer is obliged to purchase access to the Parking Spaces on the Website at least 2 (two) hours prior to the schedule arrival at the parking facility.
2.1.5 SEA will communicate to the Customer with the Acceptance E-mail a PIN code that will be entered on the numeric keypad of the ticket reader positioned at the entrance of the chosen parking facility, which will issue the ticket. The ticket reader will then automatically issue a customised ticket with the information of the purchased service. The Customer must keep the ticket with him/her: when it comes time to exit the parking facility with his/her vehicle, the user must insert the ticket into the exit terminal/ticket reader in order to open the exit gate. If the PIN is not recognised, the anomaly must be reported at the staffed payment windows. The PIN grants access to the parking facility even if the "parcheggio completo" (car park full) sign is showing. However, the Customer acknowledges and agrees that, if the Parking Space is not available on the days indicated by the Customer during purchase, the car park Manager shall have the right to relocate the Customer to a different parking facility, of the same or higher category, always inside the airport. The user may take any free Parking Space in the parking structure: there are no reserved Parking Spaces.
2.1.6 The service purchased by the Customer is not transferable between different car parks at the airports of Milano Linate, Milano Malpensa and Bergamo Orio al Serio and is valid only for the date, time, price, Parking Space, terminal and airport specified during purchase in the recap page, which pops up on the screen directly before the Customer submits the Order (hereinafter referred to as "Recap page") and in the Acceptance E-mail.
2.1.7 "Web" parking rates are provided on the Website and refer to a 24-hour period. Prices are subject to change. The displayed prices are valid only at the time of the Order. The number of "days" (24-hour periods) charged to the Customer when submitting the Order is calculated on the basis of the hours selected at the time of purchase. The Customer can access the parking facility 60 (sixty) minutes before the scheduled time of arrival selected by the Customer when placing the Order. If the actual exit time differs from the time selected by the Customer when submitting the Order and, because of this, the actual time spent in the Parking space exceeds the 24 hour periods selected at the time of the Order, the Customer shall be charged the "standard rate" and not the "web rate" for the extra hours. The Client must pay this amount at the automatic or manned cash points before exiting the parking lot. Please note that these extra charges are applicable regardless of the reason for the extra parking time, unless the extra parking time was caused by negligence on the part of the parking facility operator.
2.1.8 Once inside the parking facility, the Customer is required to follow the instructions communicated to him in the Acceptance E-mail. The Customer is obliged, before placing the Order, to carefully read the relevant parking rules (Milano Linate and Milano Malpensa Parking Rules and Bergamo Orio al Serio Parking Rules hereinafter referred to as "Parking Rules") posted on the Website in the section term of use and also available in the proximity of the parking entrance. The Customer acknowledges that, by accepting these Terms and Conditions, he also accepts the Parking Rules. With specific reference to the parking at Bergamo Orio al Serio airport, please note that such parking is managed by the company Apcoa Parking Italia S.p.A.
2.1.9 The Customer acknowledges that it is necessary to arrive at the car park ahead of the flight check-in by an appropriate number of hours. The Customer must also allow enough time to walk to the terminal building from the parking facility, given that this may vary depending on the space chosen by the Customer. The Customer must also consider the time required to locate a Parking Space, collect his/her luggage, lock the vehicle, walk to the terminal building and perform any other necessary tasks. The Customer assumes full and exclusive liability for calculating the time necessary for the above operations and therefore reaching the airport terminal in time. The Customer is also informed that SEA declines any and all liability should these operations require more time than estimated due to particular circumstances or high traffic volume. The Customer has sole liability for accounting for such possibilities and arriving at the parking facility well in advance of the check-in time for his/her flight.
2.1.10 In reference to any parking facilities operated by third-party companies, the Customer acknowledges and accepts that SEA declines any and all responsibility regarding the organisation and management of said parking facilities and under no circumstances will be held liable for problems or inconveniences suffered by the Customer in relation to the parking facility operated by third-party companies. The Customer acknowledges that in this case, Parking spaces are provided directly by third-party companies.
2.1.11 In order to avoid the additional charging of the car park tariff operated through this payment system, Customers with Telepass devices must ensure that they block the relevant device - using the specific Telepass mask - before approaching the lanes using said payment system. SEA is in no way liable for additional charges levied by the Telepass system. 2.1.12 If the Client has purchased the “web” rate, and he/she is asked to make further payment when exiting the parking lot, the Client must contact an operator by pushing the button on the exit column or at the automatic cash points to handle the problem.
2.2 ViaMilano Lounge
2.2.1 Purchase of the ViaMilano Lounge service gives Customers access to the VIP Lounge, as indicated in the Acceptance E-mail. The reservation may not be used for any VIP Lounge at the Milan Linate and Milan Malpensa airports other than the one specified on the reservation. The reservation is valid for one (1) year from the date of purchase and exclusively for the price, VIP Lounge, Terminal and airport specified in the Acceptance E-mail.
2.2.2 The Customer is obliged, before placing the Order, to carefully read the VIP Lounge rules (hereinafter referred to as "VIP Lounge Rules") posted on the Website and also available at the entrance of the VIP Lounge. The Customer acknowledges that, by accepting these Terms and Conditions, he also accepts the VIP Lounge Rules.
2.2.3 In order to access the Vip lounge indicated in the Acceptance E-mail, Customers must show their boarding pass.
2.3 ViaMilano Fast Track
2.3.1 Purchase of the ViaMilano Fast Track service allows instant access at security controls through the so-called "Fast Track" lanes indicated in the Acceptance E-mail. The ViaMilano Fast Track is valid within the term indicated in the documents received via e-mail.
2.3.2 The Customer is obliged, before placing the Order, to carefully read the Fast Track rules (hereinafter referred to as "Fast Track Rules") posted on the Website. The Customer acknowledges that, by accepting these Terms and Conditions, he also accepts the Fast Track rules.
2.4 Truestar SecureBag
2.4.1 The service Truestar SecureBag allows Customer to wrap luggage through specific equipment located at Milano Linate and Milano Malpensa airports and to use several assistance services as indicated on Truestar Group S.p.A. website (http://www.truestargroup.com/italiano/conditions-service.php).
2.4.2 The service will be provided by the company Truestar Group S.p.A. in compliance with the contractual conditions ("Truestar Terms and Conditions") and to the information available at the web page http://www.truestargroup.com/italiano/conditions-service.php, hereby integrally referred to. In no case SEA could be claimed for the quality of the service Truestar SecureBag and/or of the accuracy, authenticity, completeness of the information and/or informative material concerning the service Truestar SecureBag available at the web page http://www.truestargroup.com/italiano/conditions-service.php and/or of the compliance of the service Truestar SecureBag to the informative material and/or of the non-observance, by Truestar Group S.p.A., to the Truestar Terms and Conditions. SEA in no case will be liable of the possible damages suffered by the Customers or third parties arising from the use and/or incorrect operation of the TruestarSecureBag service.
2.4.3 The Client will receive in the Acceptance E-mail a code which shall print and deliver to Truestar SecureBag S.p.A. personnel at Milano Malpensa and Milano Linate airports. The code related to the Truestar SecureBag service is valid for 3 (three) months from the date of purchase exclusively for the price indicated in the Acceptance E-mail.
2.4.4 The Customer is obliged, before placing the Order, to carefully read the Term and Conditions Truestar. The Customer acknowledges that, by accepting these Terms and Conditions, he also accepts the Truestar Terms and Conditions.
2.5 Car Valet
2.5.1 The SEA Car Valet service will (i) arrange for the Milano Linate staff to pick up the customer’s vehicle so as to allow the customer to check in immediately, and (ii) upon conclusion of the trip, deliver the keys of the vehicle to the customer so that the latter can collect it from the Car Valet parking areas provided at the airport. The service includes delivery of the vehicle, covered, unattended parking for the requested time period and return of the vehicle within the time indicated by the customer when placing the order (the “Car Valet Service”).
220.127.116.11 The service is subject to availability of parking spaces and can be used during the hours indicated on the website www.viamilanoeshop.eu.
18.104.22.168 Customers can add only one Car Valet service to their online shopping cart at time, and purchase this service together with other products available on the website.
22.214.171.124 The Car Valet service must be purchased at least 2.5 hour prior to the time the service is required.
126.96.36.199 “Web” parking rates for the Car Valet Service are available on the Website and each refer to a 24 (twenty four) hour period. Prices are subject to change. The displayed prices are valid only at the time of the Order. The number of “days” (24-hour periods) charged to the Customer at the time of submitting the Order is calculated based on the times selected at the time of purchase. If the actual time of delivery differs from the time selected by the Customer at the time of the Order and, due to this, the actual time that the Car Valet Service is used is longer than the twenty four (24) hour periods selected at the time of the Order, the daily rate (24 hours) will be applied instead of the “web” rate for the excess parking hours. This amount, calculated according to the applicable service rates indicated on the website for additional parking hours, shall be payable directly at the Milano Linate airport parking cashier when the vehicle is collected. The cashier is open 24 hours per day, 7 days per week.
2.5.2 Please refer to the “General Car Valet Service terms and conditions” online at www.viamilanoeshop.eu, for details regarding the service provided by SEA.
2.5.3 Upon conclusion of the purchase, the Customer will receive a confirmation Email and acceptance, with an E-ticket attached. The E-ticket should be printed and delivered to the personnel located in the area indicated in the E-ticket instructions. The E-ticket is non-transferable. However, the reservation can be changed or modified even after the E-ticket has been issued. For more information, please refer to point 4.3 of the Online Sales General Terms and Conditions below.
2.5.4 Prior to concluding an order, Customers are requested to carefully read the General Terms and Conditions applicable to the Car Valet service, which they are required to acknowledge and observe.
3. Execution of the agreement
3.1. The essential features of the service(s) purchased and the relevant price(s) will be shown in the Recap Page. It is understood that information published on the Recap Page does not represent a formal offer by SEA.
3.3 For the purposes of placing the Order, the Customer must (i) select the services he intends to buy by clicking on "Add to cart"; (ii) if not a registered Customer, enter his data for the purposes of registration; (iii) if a consumer, pursuant to art. 5.1, declare to have received the information referred to in art. 49 of Legislative Decree No. 206/2005 (hereinafter referred to as the "Consumer Code") including those relating to the exercise of the right of withdrawal; (iv) accept these Terms and Conditions; (v) select the payment method; (vi) submit the Order to SEA. In accordance with what established by art. 51, paragraph 2, of the Consumer Code, SEA guarantees that at the time of submitting the Order, the Customer explicitly recognises that the Order entails the obligation to pay for the service.
3.4 Forwarding of the Order by the Customer represents a contractual proposal to purchase the Services, specifically identified in the Recap Page presented by SEA to the Customer and binding for him (without prejudice to the possibility for the consumer, as indicated in art. 5.1, to exercise the right of withdrawal pursuant to art. 52 of the Consumer Code). Forwarding of the Order by the Customer implies his obligation to pay the prices due.
3.5 The agreement between the Customer and SEA concerning the purchase of Services specifically identified in the Recap Page is concluded with reception by the Customer, of SEA's Acceptance E-mail of the Customer's Order. SEA will communicate to the Customer the non-acceptance of the Order to the email address provided by the latter during the registration.
3.6 Any changes to the data entered by the Customer in the Order can be changed/corrected by the Customer prior to placing the Order.
3.7 SEA reserves the right not to accept a Customer’s order if: - there is a lack of availability in the Parking Areas selected by the Customer; - payment is not concluded successfully (i.e., there is a problem with the Customer’s credit card payment); - the Customer has previously failed to respect his or her commitments to SEA; - all Car Valet Service parking spaces are taken.
3.8 With the confirmation Email, SEA confirms conclusion of the Contract, provides this General Terms and Conditions and the following information: - summary of the main features of the purchased Service or Services; - the total price of the Service or the Services, including taxes; - a purchase code to be used in all further communications with SEA regarding the purchased Service or Services; - a completed transaction code; - a bar code (when the following services are purchased: ViaMilano Lounge, ViaMilano Fast Track, Truestar and SecureBag); - a PIN code (for Parking Area access purchases, the license plate number indicated at the time of purchase will be used instead).
3.9 The customer who purchases multiple Services with a single transaction will receive all the information referred to in the preceding art.
3.8. in a single Acceptance E-mail.
4. Prices - payment method
4.1 The prices payable for each service purchased will be specifically mentioned in the Recap Page in euros and inclusive of all applicable taxes.
4.2 Customers purchasing Services on the Website may have the option of one or more tariff class when placing the Order. The Customer's choice of tariff class and service implies acceptance of the rules associated with the tariff class as described on the Website for each rate class and service.
4.3 Without prejudice to the provisions of Article 5, the Customer may, within 6 hours of the time of entry in the Parking Area purchased, make a booking change, changing the date and time of entry and exit. It is understood that Customers having purchased access to Parking Areas at Bergamo Orio al Serio airport may only change the booking with access to Parking Areas situated at the same airport and that Customers having purchased access to Parking Areas at Milan Malpensa and Milan Linate airports may change the booking at one of the two airports. Booking changes can be made on the Website. For registered Customers, go to "my purchases"; non-registered Customers can access the dedicated area by entering as login credentials their e-mail address and purchase code for which the booking change is requested. The Customer acknowledges and accepts that the booking change involves payment of "Booking Change Charges" amounting to €5.00. The Customer also acknowledges and accepts that: (i) should the booking change determine a new purchase with amount less than that originally purchased, without prejudice to payment of the Booking Change Charges, SEA shall not reimburse anything to the customer and that (ii) should the booking change determine a new purchase with amount greater than that previously purchased, the customer shall be required to pay SEA, in addition to Booking Change Charges, the difference between the amount of the new purchase and that subject of the booking change. It is understood that the right of withdrawal provided under the following Section no. 5 shall not apply to the booking changes.
4.4 For the payment of amounts due the Customer can choose one of the payment methods provided by SEA and indicated on the Website. In particular, the following credit cards are accepted: Visa, MasterCard, American Express, Diners, the Master Pass payment system, Apple Pay and bank transfer via MyBank. MasterPass is a so-called digital wallet that allows Customers, by entering their login credentials, to make payments via the major debit, credit and prepaid cards.
4.5 SEA delegates the system for management of online payments by Credit Card and Master Pass to a primary bank.
4.6 At no point in the payment process is SEA able to access the Customer's credit card and/or Master Pass information, entered by the Customer directly on the website of the bank handling the transaction. The information will not be stored in any SEA electronic data archives. Thus in no way may SEA be held liable for any fraudulent or improper use of credit card information by third parties associated with the payment of Services acquired via the Website.
5. Right of withdrawal pursuant to art. 52 of Legislative Decree No. 206/2005 ("Consumer Code")
5.1 If the Customer is a consumer within the meaning of art. 3, paragraph 1, sub-paragraph a) of Legislative Decree No. 206/2005 ("the individual acting for purposes unrelated to entrepreneurial activity, business, craft or profession"), the Customer shall have the right to withdraw, without giving any reasons and without charges against him, within 14 (fourteen) days from the date of receipt of the Acceptance E-mail ("Withdrawal period"). For the purposes of exercising the right of withdrawal, the Customer is obliged to inform Società per Azioni Esercizi Aeroportuali S.E.A, based in Segrate (MI), Milan Linate airport, by electronically filling in and submitting the withdrawal form on the page of the Website https://www.viamilanoeshop.eu/docs/en/recess_cond.html. SEA will send without delay a confirmation of receipt of the withdrawal form by email to the address provided by the Customer during registration. The Customer can in any case communicate its willing to withdraw through a notice that shall be sent to the following e-mail address: email@example.com.
5.2 The right of withdrawal will be properly exercised if its notice is sent by the Customer prior to the expiration of the Withdrawal Period. The Customer accepts that the right of withdrawal referred to in art.5.1. will be excluded: - if the complete provision of the service has begun before the expiry of the Withdrawal Period, provided that the performance has been started with the agreement of the Customer; - if the withdrawal notice, notwithstanding sent during the Withdrawal Period, has been sent following to the date and hour for the start of the provision of the service (e.g. date and hour of entry in the parking).
5.3 In case of withdrawal, the Customer will be refunded all payments made to SEA, without undue delay and in any case not later than 14 (fourteen) days from the date on which SEA is informed of the intention to withdraw. Such refunds will be made using the same method of payment used by the Customer for the initial transaction, unless the Customer has not explicitly agreed with SEA differently. In any case, the Customer shall not incur any costs as a result of the refund.
5.4 In the event that the Customer should purchase multiple Services, the withdrawal will be effective for the Services that the consumer will indicate specifically in the communication of withdrawal. It is understood that, if the Customer purchases a bundle of Services, the Customer may withdraw only with reference to the bundle of Services and not in relation to each service which composes the bundle of Services.
6.1 When carrying out its contractual obligations, and with respect for European Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), as well as Italian data protection laws, SEA, as Data Controller, will collect and process the personal data of customers, voluntarily communicated by the latter when purchasing a service on the website.
7. Customer obligations
7.1 In performing search operations and completing reservations and purchase orders, the Customer uses the web application on the basis of a temporary and non-exclusive licence, use of which is granted for the time necessary to complete the operation. The Customer is prohibited from modifying, reusing, coping, disseminating, transmitting, reproducing, publishing, granting sub-licence or usage rights to third parties of, deriving forms of work from, releasing, selling or using in any way that may be deemed commercial and not personal the information, news, contents, software, systems, products obtained from or made available via the Website.
7.2 Excluded are any and all rights of the Customer to claim damages or indemnification of any kind, and any and all contractual or extra-contractual responsibility on the part of SEA, for direct or indirect damages to people or property caused by the whole or partial non-acceptance of an Order.
8. General provisions
8.1 Acceptance of these Terms and Conditions is necessary for placing the Order. The Terms and Conditions may be subject to change: the most up-to-date version will always be available on the Website in the section: "Terms and Conditions of sale". SEA reserves the right to amend these Terms and Conditions at any time, with no advance warning and without prejudice to the fact that the Customer's purchase, validated by SEA in compliance with the provisions defined in these Terms and Conditions, will be subject to the Terms and Conditions contained in the Acceptance E-mail.
8.2 By purchasing the service, the Customer declares to be at least 18 years old.
8.3 By accepting these Conditions, the Customer accepts the Terms and Conditions of Website Use, which may be viewed in the section "Legal Notes".
8.4 These Terms and Conditions are governed by the provisions on distance selling contained in chapter I of title III of part III of the Consumer Code (Legislative Decree No. 206/2005) and the rules governing electronic commerce provided for in Legislative Decree No. 70/2003.
8.5 For any requirement or claim related to the purchase of the Services on the Website, the Customer can contact SEA at the following e-mail address: firstname.lastname@example.org.
8.6 The invalidity, in whole or in part, of one or more clauses of these Terms and Conditions will not entail the invalidity thereof, nor that of the partially invalid clause.
8.7 In the event that an error occurred when submitting the Order, a message will appear on screen to inform the Customer regarding the non-submission of the Order.
9. Applicable law and jurisdiction
9.1 If the Customer is a consumer, as defined by art. 5.1, the competence for civil disputes arising in connection with these Terms and Conditions is the judge of the place of residence or domicile of the consumer, if situated on the territory of the Italian State. In all other cases, the exclusive place of jurisdiction will be the Court of Milan.
9.2 These Terms and Conditions are governed by Italian law. 9.3 Excluding as expressly provided in this agreement, reference is made to the Italian Civil Code, Book IV, Title II.