Terms of use

Agreement applying to users registered with the site //venice>connected after 1 February 2009.

Agreement with users

The following document sets forth the terms and conditions under which //venice>connected offers users access to its services in compliance with legislative decree 70/2003 and legislative decree 206/2005 termed "Consumer Law".

Table of Contents

Presentation
Use of //venice>connected
Abuse of //venice>connected
Content
Fees and services
Acquisition and conclusion of the contract
Right of withdrawal
Payment arrangements
Provision of service
Liability
Indemnity
Access and interference
Privacy
Compensation
Autonomy of the parties
Communications
Settlement of disputes
Applicable law and court with jurisdiction
Consumers
Various

Presentation

Welcome to venice>connected!
By using the services available on the website (www.veniceconnected.com and the other correlated sites covered by this agreement), the user thereby accepts the following terms and conditions, including the terms referred to in links and the general conditions regarding the web sites of our affiliates. This contractual document applies to any user (of any nationality) who accesses, purchases and requests the services offered through the venice>connected website.

The venice>connected service is provided by Venis S.p.A., an operating company of the Municipality of Venice, with registered address at Palazzo Gradenigo - Castello 2838, 30122 Venice.

This agreement shall run from 1 February 2009 whenever new users give their consent.

Use of venice>connected

The venice>connected site manages the online sale of public transport and recreational (such as museums, foundations, general attractions, etc.) services to any user who desires to make use of them within the territory of the Municipality of Venice, subject to registration and payment of the fees indicated.

To become a venice>connected user, prospective users must read and accept all the terms and conditions contained in this Agreement with users ("Agreement"), and in the Privacy Regulations of the site and other regulations associated with it. The user who does not accept our terms and conditions cannot acquire and use the services. By accepting this Agreement, he/she also undertakes to acknowledge that his/her use of other venice>connected websites or those managed by venice>connected shall be regulated by the agreement with users and the privacy regulations published thereupon. The agreement with users, which is applicable to the various sites of venice>connected, is that which appears on the foot of each associated web site.

In addition to Italian, the agreement with users is also available in the following languages:

• English;
• Spanish;
• French;
• German.

The use of our sites and services requires that you do not:

• violate the law, other people’s rights or our regulations;
• use our sites or services unless you have the power to act and sign legally binding contracts, are 18 years of age or older and you have not been temporarily or definitively suspended from our sites ;
• circumvent or manipulate the fee structure, the invoicing process or the fees due to //venice>connected;
• Publish false, inexact, misleading defamatory or libellous (including personal information) data; undertake actions designed to destabilise the rating and comment system (such as, for example, visualising, importing or exporting information on comments made outside the sites or using them for purposes that have no relationship to venice>connected );
• Transfer your own venice>connected account and user ID to others without our consent;
• Utilise or publish spamming, chain messages or pyramid sales schemes;
• Spread viruses or any other technology designed to damage venice>connected or its interests or the property rights of venice>connected users;
• copy, modify or publicise the content of venice>connected websites or the intellectual property rights and trademarks of venice>connected;
• Copy in a manual or automatic manner, or collect, in any manner, information on users, including e-mail addresses, without their consent.

Abuse of venice>connected

venice>connected works exclusively to keep the sites and services operating in an optimal manner and to guarantee the security of users. We request users to notify us of problems, offensive content and the violation of the regulations.

If venice>connected deems that you have performed actions that may entail problems, legal responsibilities or if any such actions are contrary to its own rules, it may, by way of example, limit, suspend or interrupt the services and the account of the user, prohibit access to the site, delay or eliminate the contents saved and take all technical and legal measures necessary to prevent you or some such user from accessing its websites. In addition, venice>connected reserves the right to cancel unconfirmed accounts or accounts that have remained inactive for a long time.

Content

In order to facilitate service providers, venice>connected shall be able to offer catalogues of predefined images, descriptions and specifications of third-party products. venice>connected shall endeavour to offer reliable data but cannot guarantee that such catalogues will always be precise and up-to-date. The catalogues may contain material protected by copyright, trademarks or other intellectual property rights. The user may use the catalogues for the exclusive purpose of acquiring information and inserting comments on venice>connected. He or she may not use the content of the catalogues in such a way as to violate third-party rights.
venice>connected recognises and accepts that no right, title or interest shall accrue to it from users (or from its licensees) within the meaning of the present agreement in relation to the contents that may, possibly, be transmitted, sent or visualised on or through venice>connected including any intellectual property rights that may pertain to such content (whether or not the rights are to be registered, and whether or not such rights may exist in the world). Unless otherwise agreed in writing with venice>connected, the user accepts that he or she shall be the sole responsible person for the protection and performance of those rights and that venice>connected is under no obligation to act on his or her behalf.
In any case, the user shall furnish venice>connected with those contents on which he or she detains copyright or any other right. In this case he or she concedes a perpetual, and irrevocable user license to venice>connected without territorial limits, free of charge, free of royalties, and transferable (to multiple levels) as well as the copyrights, publishing rights and data bank rights owned by the user in respect of such contents, and in any format, either existing or future. The user confirms and guarantees venice>connected that he or she has full title to all such rights, as well as the power and authority necessary to guarantee the foregoing license.

Fees and services

Registration with the site and the profiling of shopping baskets are activated free of charge. venice>connected currently offers the services set forth in the following files, which are provided and performed exclusively by their respective suppliers:
 

The offered services are subject to two types of online fee, the standard fee and the reduced fee according to the estimated influx of tourists, as indicated by the 2012 tourist season calendar. The full fee is applied to the first three bookable calendar days (highlighted in red), if the purchase is made without the required advance – at least seven days before the ticket collection and use date – and up to a minimum of four days before the ticket collection and use date. The tickets can be picked up only from 0.00 a.m. on the day of arrival until 11.59 p.m. on the day of departure, in line with the timetables laid down by the service providers.
Unless otherwise specified, all fees are denominated in Euros (EUR), including VAT. The user is required to pay our fees and all applicable taxes and duties associated with our site and services without delay and with an acceptable method of payment.

Acquisition and conclusion of the contract

The venice>connected service provides for the booking of one or more services through a selection process based upon the period in which such services will be used
To place an order on venice>connected the user must:

• indicate the period of his/her stay;
• choose the products/services to be purchased by adding them to his/her shopping basket;
• identify him/herself by inserting his/her personal details;
• make payment through a safe link to the payments manager (BANKPASS);

When a payment is made, and after due verification that the user’s credit card has been duly debited, the contract can be deemed concluded and the services will be provided in the period booked. The contract is formalised by the issue of a document of title to a service bearing a passenger number record (PNR), the summary of the services purchased and the economic conditions applied. The document of title is consigned to the user by electronic mail at the e-mail address provided during registration, and at no additional cost.

A copy of the contract is kept in the venice>connected database and in the "User Profile" section, from which the user may perform content storage and printing operations.

In addition to Italian, the contact is offered in the following languages:

• English;
• Spanish;
• French;
• German.

Right of withdrawal

The user acknowledges that venice>connected offers services that cannot be considered "tourist packages" under and by the operation of Consumer Law, but must instead be understood as public transport and associated recreational services, to be performed on a given date or during a specific period. Therefore, the user accepts and acknowledges that following the conclusion of the contract, he or she cannot exercise any right of withdrawal as the circumstances whereby such a right can be excluded, pursuant to article 55, subsection 1, letter b) of the Consumer Law are deemed to apply.

Payment Arrangements

Payment for the services is made exclusively via a credit card through the "Secure Socket Layer", a system that protects transactions by codifying bank data transiting through the internet.

venice>connected has chosen to guarantee payment security through the services of BANKPASS, which encrypts connections during transactions transmitted over the internet. When the symbol appears, users are informed that their payments are protected. The name BANKPASS may also appear in the bank statement sent by the user’s bank.

Users should also take note that if a given payment arouses suspicion of fraud, it will be cancelled without prior notice.

Provision of service

Once payment is completed and the contract concluded a document of title to service will be issued indicating:

• The user’s particulars;
• passenger number record (PNR) and the services associated with it;

The PNR consists of an alphanumerical series (e.g. AB12CD3 – the order of the numbers and letters is purely illustrative and may differ in the real version) that represents the access code enabling providers to authenticate and perform the service(s). In the event that more than one service is purchased the PNR may include a suffix (e.g. AB12CD3.01 / AB12CD3.02 / AB12CD3.03) to specify the reference service.

Liability

The user hereby excludes venice>connected from any direct or indirect, pecuniary and non-pecuniary liability for any loss occasioned by violations of law, with special reference to the use of the contents provided by the user, or from facts or acts brought into being by the latter. The user who makes a direct purchase states that he/she has understood, accepted and signed this Agreement in all its parts and also declares to have seen and be cognisant of the requisites required by suppliers for the performance of the services, such as, by way of a non-comprehensive example, the age limit for price reduction benefits.
venice>connected does not guarantee continuous and uninterrupted access to the sites and to its services, as access may be conditioned by factors outside its control. Consequently, within the limits laid down by the Consumer Law and other laws in force, venice>connected excludes the existence of any implicit guarantee, term or condition. venice>connected cannot accept any liability for loss of an economic nature or for damage to reputation or for any special, indirect or consequential loss deriving from the use of its sites and services.

In any case, any indemnity arising from the responsibility of venice>connected towards the user or towards third parties shall be limited to the value of venice>connected fees paid in the previous 12 months.

Indemnity

By entering into this Agreement, the user undertakes to hold harmless venice>connected as also its employees, executives, agents and any company of the group, including their employees, from and against any claim or request for compensation for damage caused by third parties that may arise from the violation of only one of the conditions contained in this Agreement, or legal obligations or third-party rights.

Access and interference

Our sites contain tools to exclude the automatic systems of research engines (robot). The greater part of the information available on our sites is updated in real time and is either our property or has been granted against a user licence issued by third parties. By entering into this Agreement, the user undertakes not to use software programs or other automatic or manual mechanisms to copy or access our web pages and their contents without our express, written authorisation.

He/she also undertakes not to:

• perform any action that (in our own final judgement) may cause an unreasonable burden upon the activities of our technological infrastructures and system;
• copy, reproduce, alter, modify or divulge the contents of our websites (with the exception of your personal information) without our express, written authorisation or the consent of the third parties holding the pertinent intellectual property rights for such contents; use any mechanism, software or procedure that may interfere with the correct functioning of our site;
• Circumvent our tools designed to exclude automatic research engine systems (robot) or other procedures adopted by venice>connected to prevent or limit access to its sites.

Privacy

See Privacy Regulations.

Compensation

In the event of claims or requests from third parties caused by or arising from the infringement of this Agreement or violations of any law or third-party right, the user agrees to indemnity the claimant, including all legal expenses and hold harmless //venice>connected, together with its employees, executives, agents, any company of the group and its employees.

Autonomy of the parties

venice>connected and its users enjoy full autonomy and independence of action. This Agreement cannot lead to any relationship of cooperation, agency, association, intermediation or salaried employment.

Communications

Unless otherwise specified, legal communications shall be made to the registered address of venice>connected as stated below and to the e-mail address provided during registration. Alternatively, venice>connected may send a legal notification to a postal address in event that this is provided during the registration procedure.

Settlement of disputes

In the event of a dispute arising between the user and //venice>connected , our objective is to provide unbiased and economically convenient means to settle the dispute quickly. Consequently, the user and venice>connected agree that the settlement of any dispute in conformity to law or equity arising from this Agreement or from our services shall take place in accordance with one of the arrangements indicated below or according to written agreements between the user and venice>connected. Before having recourse to such methods, we strongly advise the user to contact us directly in order to reach a joint solution. venice>connected shall take due consideration of reasonable requests to settle disputes through procedures such as mediation and arbitration as alternatives to litigation before courts of law.

Applicable law and court with jurisdiction

Unless otherwise specified, this Agreement is subject to Italian law. The user agrees that any claim or dispute made against him/her in relation to the payment of the fees for the use of the services of venice>connected shall be the exclusive jurisdiction of the Court of Venice. In the event that the user be identified in his/her capacity as “consumer” pursuant to and under the operation of the Consumer Law, the territorial jurisdiction shall be the court of the place of residence or domicile of the consumer, if situated within the territory of the Italian state.

Consumers

For all disputes involving consumers, the application of the mandatory articles of the law on the jurisdiction of courts and applicable law shall apply.

Various

venice>connected is a service provided by Venis S.p.A. with registered office in Palazzo Gradenigo - Castello 2838, 30122 Venice.

In the event that any clause of this Agreement be found to be null or without legal force, its voiding or invalidation shall not affect the remaining contractual clauses. venice>connected may assign this Agreement at its discretion in compliance with the article Communications. The titles of the articles of the Agreement have a purely indicative purpose and in no manner may limit or describe the meaning and content of the article in question. Failure to exercise a right on the part of venice>connected shall not be construed as a renunciation to take action against the customer or third parties for the violation of the undertakings entered into. venice>connected does not guarantee to exercise its rights and to take action for all violations of this Agreement. venice>connected may modify the content of the Agreement at any time by publishing the new version on its own website. Unless otherwise specified, all the new terms and conditions of the Agreement shall automatically acquire legal force after 30 (thirty) days from their publication. In addition, venice>connected shall notify you of such changes through a personal e-mail and an announcement on the notice board. Any derogation from this Agreement shall be formalised as a written document and signed by the user and //venice>connected. This Agreement represents the entire agreement entered into between the user and //venice>connected. If you do not agree with changes to the regulations you may terminate the agreement in being by requesting the closure of your account. The following articles shall, however, remain in force after the termination, if any, of the Agreement: Fees and services (in relation to the fees due for our services), Indemnity, Licence on contents, Responsibility, Indemnity and Settlement of disputes.