Terms of sale
GENERAL TERMS AND CONDITIONS OF CONTRACT
- GENERAL PROVISIONS
- These general terms and conditions of contract (the "GTC") govern the general terms and conditions of provision of the services provided by Andalo Gestioni S.r.l. (hereinafter collectively the "Services", and individually the “Service”, as better defined below), with registered offices at no. 1 Via del Parco, Andalo (TN) Italy, Tax Code and VAT No. 02214180222, ("Andalo Gestioni"), both through traditional offline sales channels and through navigation on the Website (as defined below), to its Customers (as defined below).
- The GTC are posted at the headquarters of Andalo Gestioni and the premises of Andalo Life, and are also published on the Website.
- The request for the provision of the Services by the Customer implies full and unconditional acceptance of all the provisions of the Agreement, without reservation. The Parties therefore mutually acknowledge that, with the payment of the Consideration, the Customer has carefully read and fully understood the content of these GTC and the Ancillary Documents, including the Articles governing the rights and obligations of the Parties, the fulfilment of which is necessary to provide and/or use the Services correctly.
- These GTC supersede and replace any previous version of the general terms and conditions governing the provision of services by Andalo Gestioni to its customers by virtue of contracts and/or membership forms and/or commercial conditions previously signed and currently in force, which are therefore to be considered replaced by these GTC.
- These GTC may be amended at any time by Andalo Gestioni. Any amendments shall be effective from the moment they are posted and published on the Website in the "Terms and Conditions of Sale" section.
- Without prejudice to the above, the provision of the Services shall be carried out in accordance with the Agreement in force at the time of provision. Customers are therefore invited to consult the updated version of the GTC before requesting the provision of Services previously purchased.
- DEFINITIONS
- Unless otherwise defined in these GTC, the terms and expressions used in these GTC with a capital letter shall have the meanings assigned to them below:
Agreement: indicates the set of provisions contained in these GTC and in the related Ancillary Documents. The Agreement constitutes a binding contract between Andalo Gestioni and the Customer, which supersedes and replaces any previous agreement, understanding or verbal or non-binding commitment between the Parties having similar content;
Andalo Life: indicates the facilities of the park located in the Municipality of Andalo (TN), managed by Andalo Gestioni;
Equipment: refers to accessories and devices (such as, by way of example and without limitation, towels, helmets and ice skating suits) that can be hired from Andalo Life;
Electronic Wallet: refers to the payment system that allows you to record your purchases made within Andalo Life;
Customer: refers to the individual or legal entity that has requested Andalo Gestioni to provide the Services, in its own interest or in the interest of its customers, together with, based on the context of these GTC, its directors, employees, collaborators and consultants;
Consumer Code: refers to Legislative Decree no. 206 of 6 September 2005, as amended;
Consumer: refers to the Customer who is a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out, who can be defined as a consumer within the meaning and for the purposes of Article 3.1(a) of the Consumer Code;
Consideration: indicates the total financial consideration envisaged for the provision of the Services requested by the Customer from Andalo Gestioni;
Completion Date: indicates the date on which the Customer, after completing the forms received from Andalo Gestioni and paying the Consideration, has received formal notification from Andalo Gestioni of the start of the requested Services or, equivalently, has received confirmation of the purchase of the requested Admission Tickets;
Ancillary Documents: indicates the ancillary documents relating to these GTC, namely: (i) the Privacy Policy (as defined below); (ii) the Price List; and (iii) the Regulations of each facility managed by Andalo Gestioni;
Force Majeure Event: means any unforeseeable event, act, fact or circumstance, not directly or indirectly attributable to Andalo Gestioni, which could not have been prevented or limited by exercising the ordinary diligence required by the nature of the activity carried out by Andalo Gestioni, and which makes it objectively and absolutely impossible to fulfil any of its obligations arising from the Agreement, either in whole or in part. By way of example and without limitation, events or circumstances such as the following constitute Force Majeure Events: (i) wars or other acts of hostility, including acts of terrorism, sabotage, cyber attacks, vandalism, theft, riots and civil unrest; (ii) epidemics and pandemics; (iii) national and local strikes, both general and sectoral; (iv) earthquakes, landslides, floods, atmospheric events such as to cause a declaration of a state of emergency by the competent public authorities or to entail risks to the safety of workers, or other natural disasters (v) technical problems with the facilities used to provide the Services, such as to require immediate extraordinary maintenance;
Price List: indicates the Supplementary Document, updated periodically on a seasonal basis by the Board of Directors of Andalo Gestioni, containing the price list for each Service, including, for Equipment hire, the relevant rate, as well as the amount of the Security Deposit (as defined below), confirmation deposits and penalties for any failure to return the Equipment or Electronic Wallet;
Merchandising: refers to products sold by Andalo Gestioni at retail at Andalo Life or on the Website (such as, by way of example and without limitation, slippers, swimming caps, goggles, skate socks, beauty products, cosmetics and gadgets).
Party: indicates, depending on the context, either Andalo Gestioni or the Customer, also referred to collectively as the "Parties";
Regulations: indicates the regulations relating to the use of each facility managed by Andalo Gestioni, prepared by the latter. The Regulations are available at the premises where the Services are provided and on the Website;
Service: refers to each of the services provided by Andalo Gestioni, both through traditional offline sales channels and online through the Website, such as, by way of example and without limitation, the sale of Admission Tickets, Merchandising or treatment and service packages, and Equipment hire, relating to and provided at Andalo Life facilities;
Website: refers to the web portal www.andalo.life, owned and managed by Andalo Gestioni. The Website is the only web portal where it is possible to purchase the Services provided by Andalo Gestioni. The offer and sale of Services through the Website constitute a distance sale governed by the Consumer Code, in Chapter I, Title III, as amended by Legislative Decree 21/2014, as well as by Legislative Decree No. 70 of 2003, implementing Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce (the so-called E-Commerce Directive);
Admission Ticket: indicates the ticket (single admission or season ticket) that entitles the holder to access Andalo Life to use, under the terms specified therein, the relevant Services purchased.
- PRE-CONTRACTUAL INFORMATION
- With reference to the Agreements entered into via the Website with Consumer Customers, Andalo Gestioni shall publish the following pre-contractual information on the Website itself, also provided pursuant to Article 49 of the Consumer Code.
- The types and main characteristics and prices of the Services provided by Andalo Gestioni are indicated on the Website and can be viewed by the Website user before proceeding with the purchase.
- With reference to each Service offered on the Website, the following information is available:
- availability (in the case of tickets with reservations/limited access);
- the total price, including all charges payable by the Customer, including any shipping costs;
- the duration of the Service, understood as the date or period during which the Customer may use the Service;
- the methods of payment, delivery (if applicable) and execution;
- contact information for communicating with Andalo Gestioni.
- The user acknowledges that Andalo Gestioni reserves the right to change the characteristics and prices of the Services, as well as the related information published on the Website, without prior notice.
- With regard to Services granting access to Andalo Life, it is specified that, as these fall within the category of leisure services for which a specific date or performance period is provided under Article 59(1.n) of the Consumer Code, the right of withdrawal provided for under Article 52 of the Consumer Code does not apply.
- The company and contact details of Andalo Gestioni are as follows:
Andalo Gestioni S.r.l.
Registered office: no. 1 Viale del Parco, Andalo (TN) Italy - 38010
Tax code and VAT number: 02214180222
Tel. +39 0461/585776
E-mail: info@andalo.life – Certified E-mail: andalogestioni@pec.it
- Customers may send communications or complaints to the above contact addresses.
- Andalo Gestioni will respond to complaints by email and/or telephone within 30 (thirty) business days of receipt.
- COMPLETION OF THE AGREEMENT
- The Agreement shall be deemed finalised on the Finalisation Date, following full payment of the Consideration.
- It remains understood that payment of the Consideration presupposes that the GTC and Ancillary Documents have been read, and attests to the Customer's full and unreserved acceptance of all the provisions and conditions contained in the Agreement itself.
- SUBJECT MATTER – ANDALO GESTIONI'S COMMITMENTS
- The subject matter of these GTC is the provision and supply by Andalo Gestioni of the Services to the Customer, to the extent, in the manner and with the characteristics chosen by the latter, against timely and full payment of the Consideration by the Customer.
- It is expressly understood that the obligations assumed by Andalo Gestioni relate solely to the Services purchased by the Customer, and that Andalo Gestioni therefore does not undertake to provide any additional services not included in the Services purchased by the Customer.
- Unless otherwise expressly provided, the costs and expenses necessary to meet the minimum conditions for accessing the Services (such as, by way of example, the costs of purchasing swimwear and slippers for access to the swimming pools) shall in any case remain the sole responsibility of the Customer.
- Andalo Gestioni shall, from the Completion Date, provide the activated Services with the qualified diligence required by the nature of the activity carried out by comparable operators, experts in the relevant sector and, in any case, in a workmanlike manner and in accordance with generally recognised technical and professional standards, making every reasonable effort based on the state of the art to avoid interruptions in the provision of the Services.
- With regard to the Merchandising on sale at the Andalo Life premises, it should be noted that the products available are those actually displayed within the premises of the facility. With reference to Merchandising on sale on the Website, it should be noted that:
- product images are for illustrative purposes only, but unless otherwise indicated, the colour and design of the packaging may differ slightly from the actual product;
- purchased Merchandising is not shipped, but must be collected from Andalo Life by the end of the current season. If it is not collected by this deadline, the Agreement shall be rightfully terminated, and Andalo Gestioni may put the uncollected Merchandise back on sale, without the Customer being entitled to a refund of the relevant Consideration, which shall be retained up to a maximum of €100.00 (one hundred /00) as partial compensation for the storage costs incurred by Andalo Gestioni.
- PURCHASE PROCEDURE – LIMITATIONS ON THE PURCHASE AND USE OF ENTRANCE TICKETS
- The purchase of the Services provided by Andalo Gestioni is considered complete upon payment of the Consideration.
- At the time of purchase, the Customer is required to immediately verify that the Admission Ticket corresponds to the Service purchased, and in the event of any discrepancy, to immediately notify the staff of Andalo Gestioni.
- Andalo Gestioni reserves the right to refuse or cancel requests for the provision of Services from individuals:
- with whom there is an ongoing legal or extrajudicial dispute;
- who have previously violated the provisions of the Agreement;
- who have been involved in fraud of any kind and, in particular, fraud relating to credit card payments or ticket touting;
- who have provided false, fabricated, fictitious, incomplete, or otherwise inaccurate identification data and/or information that is untrue or refers to third parties, or who have failed to promptly provide Andalo Gestioni with the documents requested as part of the payment procedure, or have submitted invalid documents.
- With specific reference to the purchase of Services offered on the Website, the following provisions apply. The purchase of Services on the Website by natural persons is reserved exclusively for those who are 18 (eighteen) years of age or older. To purchase the Services offered on the Website, the user must follow the guided procedure displayed on the screen until completion, which involves completing and generating an electronic purchase order and transmitting it to Andalo Gestioni. Immediately before submitting the purchase order, the guided procedure will prompt the user to verify the data entered, confirm the Services selected for purchase, complete any mandatory fields left blank, and specify the payment method, as detailed in Article 7 below. The user will thus have the opportunity to correct any errors before sending the purchase order to Andalo Gestioni. Once the purchase order has been verified for accuracy, the user may proceed with payment. The Agreement shall be considered concluded when the request generated by the user's activation of the virtual order confirmation button is received by the server hosting the Website, regardless of whether the Confirmation Email (as defined below) is received. The purchase order will be stored on Andalo Gestioni’s servers for the full validity period of the Admission Ticket, and regardless up until the legal deadline for exercising the right of withdrawal, where applicable. The Agreement is subject to the condition precedent that the payment procedure for the price of the purchased Services must be completed. Once the Agreement is finalised, Andalo Gestioni will send an email confirming receipt of the purchase order (the "Confirmation Email") to the email address provided by the Customer during the guided procedure, summarising:
- the order number, generated automatically by the system;
- the basic characteristics of the Services purchased;
- detailed information on the Consideration, the payment method used, and any delivery costs;
- the terms and conditions applied to the purchase order, with a link to the GTC;
- the deadlines for exercising the right of withdrawal, where applicable;
- contact information should the Customer wish to request assistance or lodge a complaint.
A .pdf file containing the Admission Tickets for the Services purchased will be attached to the Confirmation Email.
If there is any discrepancy between the Admission Ticket and the Service purchased, the Customer must contact Andalo Gestioni without delay in the manner described in the previous article, and Andalo Gestioni will reply to the Customer as soon as possible, and in any event within 15 (fifteen) days.
- Admission Tickets are strictly personal and may not be transferred, either for consideration or free of charge. As a partial exception to this prohibition, Admission Tickets may be transferred for a fee in the course of professional commercial activities, even if not carried out as a business, but only with the prior written consent of Andalo Gestioni. Without prior written authorisation from Andalo Gestioni, Admission Tickets may not be used as prizes in competitions organised by Customers or third parties, whether or not such competitions fall within the scope of Presidential Decree 430/2001, nor in other prize or promotional initiatives such as, by way of example and without limitation, contests or lotteries. In any case, the transfer of Admission Tickets is prohibited whenever Andalo Gestioni has expressly forbidden their transfer based on principles of nominative use or in the case of promotions targeted at specific audiences or markets.
- If Andalo Gestioni determines that an Admission Ticket has been transferred in breach of the previous paragraph, it shall be entitled to terminate the Agreement pursuant to Article 14, immediately remove the holder from the facilities managed by Andalo Gestioni, invalidate the Admission Ticket, and retain the Security Deposit, either in whole or in part. The Customer who has breached the above provision also undertakes to hold Andalo Gestioni harmless and indemnified from any damage, compensation claims, or penalties that may be incurred by third parties as a result of such breach.
- In the event of loss or theft, Admission Tickets cannot be reissued, with the exception of season tickets, which may be reissued upon presentation of the identity document of the person to whom they were issued. In the event of reported theft or loss of a season ticket, reissue will take place only after cancellation of the lost or stolen Admission Ticket.
- CONSIDERATION AND PAYMENT METHODS – SECURITY DEPOSIT – ELECTRONIC WALLET
- Depending on the Services requested by the Customer, the Consideration may consist of:
- one-off items for the provision of individual Services;
- items determined by a flat-rate advance fee (for example, but not limited to, memberships for access to the swimming pools);
- items calculated on a pay-as-you-go basis, linked to the number of Services requested by the Customer from Andalo Gestioni.
- The Consideration for each Service is indicated on the Price List. Unless otherwise stated, the Consideration represents the final price payable by the Customer, expressed in Euro and inclusive of VAT.
- Please note that the Consideration is fixed and will not be reduced if, on the day the Customer accesses the Andalo Life facilities, the provision of the purchased Services is limited (for example, but not limited to, in the event of saunas closed for maintenance, services unavailable due to bad weather, ski slopes without snow, or swimming lanes occupied by pre-booked swimming teams). The Customer is responsible for verifying the status of the Services prior to accessing the facilities managed by Andalo Gestioni. Therefore, if any Services are partially or completely unavailable on the Customer’s day of access, the Customer shall not be entitled to request a reduction in the Consideration.
- Reduced-rate Admission Tickets (such as, for example and without limitation, Admission Tickets for minors or persons with disabilities) are only issued upon presentation of a valid document. Self-certification is not accepted.
- If Andalo Gestioni decides, for promotional purposes, to reduce the Consideration for the Services offered compared to those listed on the Price List, Customers who have previously purchased the same Service at a higher Consideration shall not be entitled to a refund for the difference. If the reduced Consideration applies only to purchases made via the Website, the Customer may not request the application of this promotional discount to purchases made directly at the Andalo Life facilities.
- The Consideration will be charged at the conclusion of the purchase process. For purchases made through the Website, a confirmation page will appear at the end of the procedure, confirming that the Agreement has been finalised and informing the Customer that the Confirmation Email will follow.
- If payment is not made in cash and the Issuing Institution (as defined below) denies authorisation for payment, the Agreement shall be considered automatically terminated, and Andalo Gestioni shall not provide the requested Service. The Parties mutually acknowledge that Andalo Gestioni cannot be held liable for any refusal of payment authorisation by the Issuing Institution.
- If the purchased Service includes Equipment hire, Andalo Gestioni may withhold an additional sum at the time of payment of the Consideration as a security deposit (the “Security Deposit”), the amount of which is specified on the Price List. The Security Deposit will be returned to the Customer at the end of the hire period, once the integrity and proper functioning of the hired Equipment and the return of the Electronic Wallet have been verified. If the Equipment is not returned for any reason (including, but not limited to, loss or theft) or is returned damaged or deteriorated, Andalo Gestioni shall be entitled to retain all or part of the Security Deposit, without prejudice to its right to claim further compensation for any additional damages suffered.
- With regard to the Electronic Wallet, please note the following:
- the Electronic Wallet is issued, exclusively for the structures where it is intended to be used, upon request of the Admission Ticket holder, who assumes full responsibility for its custody for the entire duration of the Agreement;
- the Electronic Wallet records all purchases made by its holder within the facility (including, for example and without limitation, purchases at the Andalo Life bar or merchandise purchases);
- the Electronic Wallet must be returned to reception once the provision of the Services has been completed, and all purchases recorded on it must be paid at that time;
- if the Electronic Wallet is not returned for any reason (including, but not limited to, loss or theft) or is damaged or deteriorated, the provisions of Paragraph 7.8 above will apply.
- Depending on the Services requested by the Customer, the Consideration may consist of:
- REQUESTS FOR REFUND OF THE CONSIDERATION
- The Customer acknowledges and accepts that once the Agreement has been finalised and the Consideration for the Services paid, no refund will be due except as expressly provided below.
- No refund of the Consideration paid will be granted in the following cases:
- failure to provide the Service, in whole or in part, due to Force Majeure Events, including the closure of the facilities for maintenance and/or cancellation of events due to bad weather;
- in the case of subscription-based Services, if Andalo Gestioni suspends or limits Services on an occasional basis (including, for example and without limitation, for scheduled or unscheduled maintenance);
- termination of the Agreement by Andalo Gestioni as a result of the Customer’s actions or fault;
- inability to use the Service due to events that do not constitute wilful misconduct or gross negligence by Andalo Gestioni, including the actions of third parties (such as, for example and without limitation, illness, delays, logistical disruptions, or cancellation of holidays);
- voluntary withdrawal from the Agreement by the Customer after payment of the Consideration;
- Service provision that has already begun;
- early return of hired Equipment;
- for Admission Tickets without a fixed date and time, when the facility has reached capacity. In this case, the Customer may retain the Admission Ticket and use it on another date and/or at another time.
- Except in the cases mentioned above, refund requests will only be considered if the order number and the receipt/purchase confirmation for the Admission Ticket are provided. Requests will be assessed at the sole discretion of Andalo Gestioni and will only be accepted if the failure to provide the Service is solely attributable to Andalo Gestioni and is verified and documented in writing.
- Andalo Gestioni may offer the Customer a refund in kind by issuing vouchers, coupons, or credits redeemable at Andalo Gestioni facilities.
- Any refund granted shall in no case exceed the amount actually paid by the Customer for the unused portion of the Service, excluding any additional sums in the form of interest, penalties, compensation, or indirect damages.
- USE AND VALIDITY OF ADMISSION TICKETS
- Each Admission Ticket grants access to Andalo Life solely on the dates/times and for the Services explicitly stated on the ticket. In particular, the Customer acknowledges and agrees that:
- once purchased, Admission Tickets with a fixed date and time cannot be modified;
- open-date or open-time Admission Tickets are valid for 6 (six) months from the date the Agreement is concluded;
- Admission Tickets for seasonal activities expire at the end of the relevant season for which they were issued;
- nominal Admission Tickets, which entitle the holder to use the Services for a specified period (season tickets), are valid for the period indicated on the Price List.
- Each Admission Ticket grants access to Andalo Life solely on the dates/times and for the Services explicitly stated on the ticket. In particular, the Customer acknowledges and agrees that:
Andalo Gestioni may refuse entry to Andalo Life to anyone who does not present a valid Admission Ticket.
- Admission Tickets purchased online may be printed using a standard printer or displayed at the Andalo Life ticket office directly from a suitable mobile device.
- Paper Admission Tickets must be kept in good condition by Customers. Customers acknowledge and accept that Andalo Gestioni is under no obligation to replace damaged Admission Tickets.
- Access will be denied to individuals presenting Admission Tickets that are illegible, counterfeit, stolen or devoid of a valid order number.
- The Andalo Life access validation and control system allows Admission Tickets to be used only once, by scanning the relative QR code. Unless specifically stated in the Regulations of the individual facilities, Andalo Gestioni will not permit entry under any circumstances to anyone presenting Admission Tickets that have already been validated.
- Admission Tickets must be retained for the entire duration of the Services purchased, so they can be presented during inspections if required.
- In certain Andalo Life facilities, the Admission Ticket takes the form of an electronic wristband, which also serves as an Electronic Wallet. Andalo Gestioni reserves the right to verify the wristband holder’s identity at the entrance, upon presentation of a valid photo ID.
- If the Service includes:
- the provision of personalised services such as, for example and without limitation, appointments at the Andalo Life beauty centre (the “Appointments”) or swimming or skating lessons organised at the Customer’s request (the “Private Lessons”), a Customer who is unable to attend may request to postpone the Service by sending a written request to Andalo Gestioni at least 24 (twenty-four) hours in advance. In this case, Andalo Gestioni and the Customer will agree on a new date to reschedule the Service, subject to availability, with the understanding that the Service must be provided within 6 (six) months and, in any case, by the end of the current season, and that if no suitable date can be found, the Customer will not be entitled to a refund of the Consideration paid. If the Customer fails to submit a written request to Andalo Gestioni within the required notice period, or fails to appear at the agreed date and time for the Service (so-called no show), they will not be entitled to reschedule the Service or receive a refund, and Andalo Gestioni shall be entitled to release the appointments of the professionals/instructors assigned to the Appointments and Private Lessons and reassign them to other Customers;
- attendance of structured group courses scheduled by Andalo Gestioni, which involve participation in a predetermined cycle of lessons, such as, for example and without limitation, group swimming or skating courses (the “Courses”), Customers unable to attend one or more lessons will not be entitled to make up the missed lesson or receive a refund of the Consideration paid;
- the granting of exclusive use of entire facilities (such as, for example and without limitation, conference centres, sports fields, swimming pools, gyms) (the “Exclusive Use Facilities”), the following conditions shall apply. The booking will only be considered valid once Andalo Gestioni has provided written confirmation of the Facility’s availability for Exclusive Use and the Customer has paid the amount indicated by Andalo Gestioni, calculated according to the Price List, as a confirmation deposit pursuant to Article 1385 of the Italian Civil Code. The deposit must be paid no later than the deadline specified in the confirmation of availability of the Exclusive Use Facility. If payment is not made by this deadline, the booking will be automatically cancelled, and Andalo Gestioni will have the right to reallocate the Exclusive Use Facility for its own purposes or assign it to third parties. The deposit amount will be deducted from the price at the time of payment of the Service Consideration, which must in all cases be made prior to the Customer’s first use of the Exclusive Use Facility. It is expressly agreed that Andalo Gestioni reserves the right to refuse the Customer access to the Exclusive Use Facility if the Consideration is not paid in full and on time. In the event of cancellation of the booking, failure to appear at the Exclusive Use Facility at the agreed date and time (so-called no show), and/or failure to pay the Consideration in full and on time, the Customer shall forfeit the deposit paid, and Andalo Gestioni shall be entitled to reassign the Exclusive Use Facility to third parties, without prejudice to its right to seek compensation from the Customer for any additional damages arising from failure to reassign the Facility. As a partial exception to the above, if the Customer cancels the booking of the Exclusive Use Facility with at least 6 (six) months’ notice (as evidenced by the date the notice is received), Andalo Gestioni may allow the Customer to use the deposit amount for the purchase of Services either online or at Andalo Life. The above provisions shall also apply, insofar as reasonable, to requests for the reserved use of part of the Exclusive Use Facilities (such as, by way of example and without limitation, swimming lanes and rooms).
- MERCHANDISE WARRANTY
- The warranty for purchased Merchandise only covers manufacturing defects and excludes damage caused by misuse, normal wear and tear, or negligent maintenance.
- For Consumers, the Merchandise is covered by the legal guarantee of conformity provided under Articles 128 et seq. of the Consumer Code, for a period of 24 (twenty-four) months from the date of delivery. The Consumer must report any defect or fault in the Merchandise within 2 (two) months of discovering it.
- For non-Consumer customers, the provisions of the Civil Code shall apply. The relevant legal action is time-barred one year after delivery.
- PROVISIONS RELATING TO ANDALO LIFE CAMPING
- With regard to pitch reservations at the facility known as Andalo Life Camping, and without prejudice to the additional provisions set out in the relevant Regulations, the following provisions apply.
- A pitch booking is only deemed valid once Andalo Gestioni has sent the Customer written confirmation of the pitch’s availability and the Customer has paid the amount specified by Andalo Gestioni, calculated according to the Price List, as a confirmation deposit pursuant to Article 1385 of the Civil Code.
- The deposit must be paid no later than the deadline indicated in the confirmation of pitch availability referred to in the previous paragraph. Failure to do so will result in the automatic cancellation of the booking, and Andalo Gestioni will be fully entitled to reassign the pitch to third parties. If the booking is made less than 48 (forty-eight) hours before the Customer’s scheduled arrival, the deposit must be paid no later than the Customer’s first arrival at the facility.
- The deposit amount will be credited at the time of payment of the balance of the Consideration for the stay.
- Late arrival or early departure of the Customer, compared with the original booking, does not entitle the Customer to any reduction in the price of the stay. The Customer is required to inform Andalo Gestioni of any late arrival. If the Customer fails to provide timely notice, Andalo Gestioni will be fully entitled to reassign the pitch to third parties and retain the deposit. Paragraph 11.7 below shall apply as appropriate.
- Check-in and check-out times are specified in the facility’s Regulations and on the Website. At the time of registration, the Customer must present valid identity documents for all individuals who will be accessing the facility.
- In the event of withdrawal and/or cancellation of the booking by the Customer and/or the Customer’s failure to arrive at the facility on the agreed date and time (so-called no-show), the Customer shall forfeit the deposit paid, and Andalo Gestioni will be fully entitled to reassign the pitch to third parties. Andalo Gestioni reserves the right to claim compensation from the Customer for any additional damages if the pitch cannot be reassigned to third parties.
- As a partial exception to the provision above, if the Customer notifies Andalo Gestioni in writing, in accordance with the procedures set out in Article 15 below, of their intention to cancel their stay with at least 15 (fifteen) days’ notice (the date of receipt of the notification serving as proof), Andalo Gestioni may allow the Customer to use the deposit to book a new stay of similar duration to the one cancelled, with arrival and departure within the current season.
- If, for reasons not attributable to the Customer’s actions or negligence, Andalo Gestioni is unable to guarantee the availability of the pitch already booked, it shall promptly notify the Customer of the booking cancellation in accordance with the procedures set out in Article 15 below and refund the Customer twice the amount of the deposit paid. As a partial exception to this provision, if the unavailability of the pitch is due to a Force Majeure Event, Andalo Gestioni shall refund the Customer exclusively the amount of the deposit paid.
- CUSTOMER DECLARATIONS AND COMMITMENTS
- By entering into the Agreement, the Customer declares that they possess the necessary skills and are in the appropriate mental and physical condition to make safe use of the Services purchased.
- In addition to the rights and obligations established by law, the Customer undertakes the following, on their own behalf and, pursuant to and for the purposes of Article 1381 of the Italian Civil Code, on behalf of any customers in whose interest the Agreement was entered into, as well as on behalf of their directors, employees, collaborators and consultants:
- to ensure the accuracy, truthfulness and completeness of the information provided under this Agreement, and to promptly notify Andalo Gestioni of any subsequent changes affecting the accuracy, truthfulness or completeness of the information previously provided;
- to use the Services in compliance with the applicable laws and the Agreement, strictly observing the Regulations of the individual facilities, as well as any additional instructions and notices published by Andalo Gestioni and/or issued by its staff;
- to cooperate in good faith with Andalo Gestioni to ensure the optimal delivery of the Services;
- to report any problems or malfunctions requiring maintenance or corrective action directly and promptly to Andalo Gestioni, thereby allowing Andalo Gestioni to intervene quickly to address the issue and limit any resulting damage to the Customer. In this regard, it is expressly agreed that Andalo Gestioni shall not be held liable for damage caused by problems or malfunctions not promptly reported by the Customer;
- if the Service purchased involves the rental of Equipment or the use of Exclusive Use Facilities:
- to verify, at the time of collection, that the Equipment and Exclusive Use Facilities are in perfect working order. It is mutually agreed that, if the Customer fails to report visible faults or defects in the Equipment or Exclusive Use Facilities, they shall be deemed to have been received in perfect condition;
- to use the Equipment and Exclusive Use Facilities with due care, exclusively for their intended purpose and in accordance with the Regulations;
- to take custody of the Equipment and Exclusive Use Facilities for the entire rental and/or usage period;
- to store the Equipment with care;
- to promptly report any faults, defects, malfunctions or damage to the Equipment or Exclusive Use Facilities to Andalo Gestioni;
- not to permit any third parties to use the Equipment or Exclusive Use Facilities, even temporarily or free of charge;
- to return the Equipment and Exclusive Use Facilities by the agreed date and time, in the same condition in which they were delivered, save for normal wear and tear;
- The Customer acknowledges and agrees that any use of the Services in breach of the Agreement may entitle Andalo Gestioni to enforce the remedies set out in Article 14 below, without prejudice to any additional remedies provided for by law and/or the Agreement.
- The Customer further acknowledges that, in relation to Services involving the rental of Equipment, by taking custody of the Equipment, they assume full responsibility for any damage, loss or theft, even if caused by unforeseeable circumstances or by third parties. In the event of damage, loss or theft of the Equipment, the Customer shall be required to reimburse the full cost of repair or the commercial value of the Equipment, in addition to compensating Andalo Gestioni for any lost earnings resulting from its unavailability.
- LIMITATIONS OF LIABILITY
- The Customer declares that they are fully informed about the characteristics of the Services, and expressly acknowledges and agrees that:
- Andalo Gestioni shall undertake to make every reasonable effort to provide the Services in accordance with the highest applicable technical and professional standards and on a continuous basis, carrying out any necessary maintenance as promptly as possible to minimise downtime, but does not guarantee that the Services will be entirely free of interruptions (including, by way of example and without limitation, temporary inability to access Andalo Life). Consequently, Andalo Gestioni accepts no responsibility for, and shall not be liable for, any direct and/or indirect damages suffered by the Customer due to the temporary inability to use the Services, in whole or in part, except in cases of wilful misconduct or gross negligence on the part of Andalo Gestioni;
- to be solely responsible for the accuracy, truthfulness and completeness of the information provided to Andalo Gestioni at the time of signing the Agreement or thereafter, and consequently that Andalo Gestioni cannot be held liable for any failure to fulfil obligations arising from the Agreement or for any damage suffered by the Customer resulting from inaccurate, incomplete, untruthful, or outdated information not promptly updated by the Customer pursuant to the Agreement (including, by way of example and without limitation, health-related damage caused by the use of Services unsuitable for the Customer due to undeclared pre-existing conditions at the time of signing the Agreement);
- Andalo Gestioni shall not be held liable where its failure to perform the obligations is due to the occurrence of a Force Majeure Event. In this regard, the Parties acknowledge that, in the event of a Force Majeure Event, Andalo Gestioni undertakes to promptly inform the Customer in writing, stating the reasons, in accordance with the procedures set out in Article 15 below, and to identify, in good faith and where practicable, an agreed solution with the Customer that will minimise the damage as far as possible. It is understood that, in the event of a Force Majeure Event where the resulting adverse effects on the Customer cannot be avoided due to circumstances beyond the Parties’ control, Andalo Gestioni cannot be held liable or responsible for such damages;
- Andalo Gestioni cannot be held responsible for any problems in the provision of the Services, nor for any related or consequential damages caused by the improper use of the Services by the holder of the Admission Tickets. Andalo Gestioni therefore assumes no responsibility, under any circumstances, whether contractual, extra-contractual, or under warranty, for any direct and/or indirect damages suffered by the Customer and/or third parties, including the Customer’s directors, employees, collaborators, consultants, and/or clients, arising from such improper use, even where the Service purchased involves the rental of Equipment and the damage has been caused to the Customer or third parties through use of the Equipment. The Customer therefore agrees and undertakes to indemnify and hold Andalo Gestioni harmless from any claims or actions brought by third parties (including the Customer’s clients, employees, collaborators, and consultants) for any reason or cause, including claims for compensation or indemnity.
- In any case, pursuant to and for the purposes of Article 1223 of the Italian Civil Code, Andalo Gestioni shall only be liable for damages that are the immediate and direct consequence of a breach caused by wilful misconduct or gross negligence.
- With regard to the Website, Customers acknowledge and agree that Andalo Gestioni has no obligation to keep the Website permanently online and cannot be held liable for any inability of Customers to purchase Services resulting from temporary interruptions or suspensions of the Website and/or the online payment systems used by the Website.
- It is understood that these GTC do not regulate the sale of services or products by parties other than Andalo Gestioni that may be accessible on the Website through links, banners, or other hypertext links. Andalo Gestioni accepts no responsibility for the provision of services and/or sale of products by such third parties. Andalo Gestioni does not carry out any control or monitoring of the websites accessible through these links and therefore assumes no responsibility for their content or for any errors, omissions, or legal violations they may contain.
- With regard to the paid, unsupervised municipal parking service identified in the urban parking plan updated by City Council Resolution No. 69 of 13 June 2019, based on the indications contained in City Council Resolution No. 18 of 29 April 2019 (the "Parking Area"), which may be purchased at the on-site columns or via smartphone parking applications, Customers acknowledge and agree that the Parking Area is municipal property and that the Municipality of Andalo is solely responsible for determining the hourly rate, its application, any reductions for specific justified needs, parking times and periods, and forms of payment. Andalo Gestioni therefore has no authority to reimburse or manage any requests for reimbursement relating to payment for parking in the Parking Area.
- The Customer declares that they are fully informed about the characteristics of the Services, and expressly acknowledges and agrees that:
- DURATION – PENALTIES – WITHDRAWAL – SUSPENSION – TERMINATION
- The Agreement shall take effect from the Completion Date and shall remain in force until the provision of the Services requested by the Customer has been completed, unless otherwise provided below.
- If the Service involves the rental of Equipment, the Agreement shall remain in force until the Equipment is returned. In the event of late return of the Equipment, Andalo Gestioni shall apply a penalty equal to twice the rental rate indicated on the Price List.
- If the Service involves the purchase of gift cards or beauty centre vouchers, it is specified that, unless otherwise stated on the Price List, the purchased Service is valid for 6 (six) months from the date of purchase.
- If the Service cannot be provided due to the occurrence of a Force Majeure Event or for any other reason not attributable to Andalo Gestioni, the latter may withdraw from the Agreement at any time with immediate effect, by sending a notice of withdrawal to the Customer in accordance with Article 15 below, without the Customer being entitled to claim any compensation from Andalo Gestioni for any reason as a result of such withdrawal.
- With regard to Services granting access to Andalo Life, it is specified that, as these fall within the category of leisure services for which a specific date or performance period is provided under Article 59(1.n) of the Consumer Code, the right of withdrawal provided for under Article 52 of the Consumer Code does not apply.
- With regard to Services other than those mentioned in the previous paragraph, the Consumer has 14 (fourteen) days from the Completion Date to withdraw, without providing any reason and without incurring any costs other than those specified under Articles 56(2) and 57 of the Consumer Code. The provisions of the Consumer Code shall apply in this regard. The notice of withdrawal must be made in writing and sent in accordance with the procedures set out in Article 15 below. This notice must specify the Service or Services for which the Customer intends to exercise the right of withdrawal, as well as the IBAN code to which the refund should be made. If the withdrawal is validly exercised, Andalo Gestioni shall refund the full amount paid by the Consumer Customer as soon as possible and, in any event, within 14 days of receiving the notice of withdrawal.
- Non-Consumer Customers may only withdraw from the Agreement where permitted by law.
- In the case of withdrawal from Services involving the Sale of Merchandise, the Customer, provided that the conditions are met, must send a written notice to Andalo Gestioni to request a refund of the amount paid; the refund will be processed once the Merchandise has been returned, which must be done at the Customer’s expense. In any case, the right of withdrawal cannot be exercised for sealed Merchandise items that cannot be returned for hygiene or health reasons (e.g. swimwear, swimming caps, or slippers) if the packaging has been opened after delivery.
- Without prejudice to Andalo Gestioni’s right to payment of the amount due and reimbursement of expenses incurred in providing the Service, as well as its right to compensation for any damage caused by the Customer’s negligent conduct, Andalo Gestioni reserves the right to suspend the provision of the Services, in whole or in part, immediately and without notice, without this being considered a breach of contract, in the following cases:
- the Customer uses the Service improperly, in a manner incompatible with the applicable laws and/or the Agreement;
- a Force Majeure Event occurs;
- a judicial or extrajudicial dispute of any kind arises between Andalo Gestioni and the Customer;
- suspension is requested by the judicial authorities.
- Without prejudice to any other remedies provided by law and/or the Agreement, and without prejudice to the right to compensation for any damages suffered, Andalo Gestioni may declare the Agreement terminated at any time, by notifying the Customer in accordance with the procedures set out in Article 15 below, if:
- the Customer provided Andalo Gestioni with incorrect, untrue, or incomplete information when entering into the Agreement;
- the Customer has used the Service in breach of the applicable laws and/or the Agreement (including the Regulations) and the instructions issued by Andalo Gestioni staff;
- the Customer has violated the provisions of Article 6.6.
- Upon the occurrence of the events referred to in Paragraphs 14.8 and 14.9 above, the Customer may be removed from Andalo Life and other facilities managed by Andalo Gestioni, and their admission or membership may be suspended or revoked, without any entitlement to a refund.
- COMMUNICATIONS
- Any communication to Andalo Gestioni required under the Agreement must be made in writing and sent by certified email or equivalent means to the following addresses:
Andalo Gestioni S.r.l. a socio unico
Company subject to management and coordination by the Municipality of Andalo
1 Via del Parco
38010 Andalo (TN) Italy
Certified email: andalogestioni@pec.it
and shall be deemed valid and effective on the date of receipt.
- Communications to the Customer required under the Agreement shall be made in writing and sent by e-mail and/or SMS and/or WhatsApp messages to the contact details provided by the Customer when requesting the Services and/or on the order form.
- If a communication is sent by a method other than those specified above (for example, by email), it shall be deemed valid and effective only once the sending Party has received written confirmation of receipt from the receiving Party.
- Any change by either Party to its contact details shall only be valid and binding if communicated to the other Party in the manner provided in this Article.
- APPLICABLE LAW – JURISDICTION – EXTRAJUDICIAL SETTLEMENT OF DISPUTES
- The Agreement is governed by Italian law.
- Any dispute between Andalo Gestioni and a Customer who does not qualify as a Consumer relating to the Agreement shall be exclusively subject to the jurisdiction of the Law Courts of Trento.
- If the Customer qualifies as a Consumer, jurisdiction shall lie with the court of the place where the Customer resides or has elected domicile in Italy.
- This is without prejudice to the possibility, where the conditions are met, for the Customer who qualifies as a Consumer to seek out-of-court settlement of the dispute using the dispute resolution mechanisms recognised by the European Union and listed at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.consumer.rights#inline-nav-2.
- Customers residing in a European Union member state other than Italy or Denmark may also use the European Small Claims Procedure provided for by Council Regulation (EC) No. 861/2007 of 11 July 2007 for any dispute relating to the application, execution, and interpretation of these GTC, provided that the value of the dispute does not exceed €5,000.00, excluding interest, rights, and expenses. The full text of the Regulation is available at the following address: https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/european-small-claims-procedure/index_it.htm.
- PROCESSING OF PERSONAL DATA AND CONSENT
- The Parties mutually acknowledge that, in performing their obligations under the Agreement, the personal data of the Customer and/or its directors, employees, collaborators, consultants, and clients, including data of a sensitive nature, may be transmitted or otherwise made accessible, and such data are considered relevant pursuant to Legislative Decree 196/2003 (the “Privacy Code”) and Regulation (EU) 2016/679 (the “GDPR”).
- The data controller for the personal data provided by the Customer for the execution of the Agreement is Andalo Gestioni.
- The processing of personal data by Andalo Gestioni is regulated by the policy attached to these GTC, which is available for consultation on the website www.andalo.life/privacy (the "Privacy Policy").
- Andalo Gestioni undertakes to process the personal data received, in both paper and electronic form, solely to the extent and for the purposes of providing the services covered by this Agreement, adopting appropriate technical and organisational measures to ensure a level of security proportionate to the risk to such personal data and, in all cases, in full compliance with the mandatory provisions and security measures referred to in Article 32 of the GDPR.
- ANDALO GESTIONI'S INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
- The logos, distinctive signs, and all content, information, and materials located on the premises of Andalo Gestioni and published on the Website are the exclusive property of Andalo Gestioni and may not be reproduced, in whole or in part, transferred (by electronic or conventional means), modified, linked, or otherwise used for any purpose without prior written consent from Andalo Gestioni. Any use in breach of this provision shall in no case result in the acquisition of any rights and must cease immediately upon request by Andalo Gestioni.
- FINAL PROVISIONS
- If any provision of these GTC is for any reason declared invalid and/or ineffective, the remaining provisions shall continue to be fully valid and enforceable.
- The Agreement constitutes the entire agreement between the Customer and Andalo Gestioni regarding the provision of the Services covered herein.
- The Parties mutually acknowledge that any tolerance by one Party of the other Party’s non-performance and/or failure to exercise rights or powers under the Agreement in the event of non-compliance and/or non-conforming behaviour shall in no way constitute tacit acceptance of such non-compliance and/or behaviour, nor a waiver of the rights or powers in question.
- Unless otherwise stated, the term "days" shall be understood to mean calendar days, regardless of whether they are business days or public holidays.
version dated 14/09/2025