GENERAL TERMS AND CONDITIONS FOR ONLINE SALES

SCOPE

The company Gardaland Holidays S.r.l. (hereinafter for brevity "Gardaland") through this website www.gardaland.it (hereinafter, the "Website") offers the possibility of purchasing holiday packages (hereinafter also "package" or "packages") and overnight stays ("Room Only Rate") under the conditions described below as well as the information included in the booking confirmation email.

More specifically, the sale of holiday packages, for services provided both in Italy and abroad, is regulated by Articles 32-51 novies of the Italian Legislative Decree no. 79 of 23 May 2011 (the so-called “Tourism Law”, hereinafter referred to as the TL), as currently amended by Italian Legislative Decree no. 62 of 06.06.2018 implementing EU Directive no. 2015/2302, as well as the provisions of the Italian Civil Code on transport, service and agency contracts, as applicable.

The sale of overnight stays (referred to on the website as “Room Only Rate”) purchased through the website constitutes a remote contract governed by Italian Legislative Decree no. 206 of 2005 (“Consumer Code”) in Chapter I, Title III, as amended by Italian Legislative Decree 21/2014 and by Italian Legislative Decree no. 70 of 2003.

This site also offers the sale of Special Offers, applicable to holiday packages or overnight stays (Room Only Rate).

The purchase by the Customer of holiday packages or overnight stays implies full and unconditional acceptance of these General Conditions of Sale.

Gardaland reserves the right to modify these General Conditions of Sale at any time and even without prior notice. The Customer is responsible for periodically checking them in order to note any changes that have been made. It is, in any case, understood that the General Conditions of Sale applicable to each purchase are always those accepted by the Customer at the time of confirmation of the same.

The Customer declares that he/she has the full capacity to act and enter into a purchase contract on the Website in accordance with these General Conditions of Sale. Gardaland may under no circumstances be required to verify the ability of visitors and Customers of the Website to act.

These General Conditions of Sale do not govern the sale of products and/or services by parties other than Gardaland, including those that may be present on the Website through links, banners or other hypertext links. Gardaland is not to be held liable for the provision of services and/or the sale of products by such parties. Gardaland does not carry out any control and/or monitoring of the websites that can be consulted through these links. Gardaland is therefore not liable for the contents of such websites or for any errors, omissions or breaches of the law by the same.

 

OUR DATA

The following conditions govern the sale on the website of holiday packages and overnight stays by the company:

GARDALAND HOLIDAYS S.R.L.

Tax ID 01420400218 and VAT Reg. No. 02418240236

Head office: Via Derna, 4 - 37014 Castelnuovo del Garda (VR) - Italy

Operations: Via Peschiera, 138 - 37017 Lazise (Verona) – Italy

Tel. (+39) 045 64 04 000

Email: hotelscustomercare@gardaland.it

Certified email: incominggardaland@legalmail.it

URL: www.gardaland.it

 

DATA SHEET

• Technical organisation Gardaland Holidays S.r.l.
• Verona Provincial Authorisation – Italian Decree no. 6299/09 of 18/11/2009. Unlimited Cat. A License.
• C.L. Insurance Policy no. 1/85151/319/170139896 – Unipol Assicurazioni.
• Guarantee for Tourists INSOLVENCY and BANKRUPTCY POLICY CONSORZIO FOGAR, Vittoria Assicurazioni spa Policy no. 631.036.0000931165, with registered office in Via Ignazio Gardella 2, 20149, Milan - email: consorziofogar@colateiassicurazioni.it - tel. (+39) 06 39731729

 

DEFINITIONS

The following definitions apply to these general terms and conditions (with indiscriminate use of the singular and plural):

1. Customer: means a person who books and purchases one or more Services offered on the Website during the validity of these general terms of sale;
2. Organiser: the operator who puts together packages and sells or offers them for sale directly or through or together with another operator;
3. Parties: Gardaland Holidays S.r.l. and the Customer;
4. Website: www.gardaland.it;
5. Remote sales contract: the contract for the holiday packages or overnight stays offered on the Website to the Customer or to operators according to a remote sales method without the physical presence of Gardaland Holidays S.r.l. and the customer, and only through the use of remote communications tools through to conclusion of the contract.
6. Holiday package: (ART 33, para. 1, no. 4, lett. c) of the TL: means a “combination of at least two different types of tourist services for the purposes of the same trip or holiday, in the event of at least one of the following conditions: 1) that these services are put together by a single operator, also at the request of the tourist or in line with their selection, prior to the conclusion of a single contract for all services; 2) these services, even where concluded with separate contracts with individual providers of tourist services, are: 2.1) purchased from a single point of sale and selected before the Customer agrees to make payment; 2.2) offered, sold or invoiced at a lump-sum or global price; 2.3) advertised or sold under the name "package" or a similar name; 2.4) put together after the execution of a contract pursuant to which the operator allows the Customer to choose from different types of tourist services, or purchased from specific operators through connected online booking processes where the name of the Customer, the payment details and e-mail address are sent by the operator with which the first contract is executed to one or more operators and the contract with the latter or such operators is executed, at the latest, within 24 hours after confirming the booking of the first tourist service.
7. Overnight stay: means every night of stay within the accommodation facility, i.e. the purchase by the customer of the room only without additional tourist services (marked on the Website with the words "Room Only Rate").
8. Special offer: offers with significantly reduced rates compared to those usually practiced for holiday packages or overnight stays that can be purchased on the website and advertised in the appropriate section with the possible indication of the specialty of the offer or in any case of the reduced final price. A "special offer" is also understood as a rate containing a free service/product.

It should be noted that the Website cyclically advertises Special Offers in relation to Gardaland Hotels that will be provided without any possibility of modification or cancellation. The conditions of the Special Offer will be made known to the Customer before making the purchase and will in any case prevail over these general conditions. Please refer to the detailed information provided during the booking process.

 

EXECUTION OF THE CONTRACT

Prior to the conclusion of the purchase contract for the holiday package, overnight stay or related services, or for a special offer, the operator notifies the Customer through a quotation or other information tool of the following specifications (Art. 34 Of the TL): a) a description of the tourist services, b) the commercial name and geographical address of the organiser and, if applicable, of the seller, including telephone numbers and e-mail addresses; c) the total price of the package inclusive of taxes, excluding tourist tax, and any other duties or costs, administrative and paperwork fees, or, should it not be possible to calculate these before the execution of the contract, an indication of any additional costs the Customer may be required to pay; d) the payment method, including the amount or percentage of the price paid as a down payment and the term for payment of the balance, or the financial guarantees that the Customer is required to pay or provide; e) the minimum number of persons required for the package, (a), before the package is started, for termination of the contract if the minimum number of persons is not reached; f) general information concerning passports and visas, including the time required to apply for and obtain visas and the health formalities of the destination country; g) information about Customer’s right to cancel the contract at any time before the package starts against a cancellation fee, unless the Customer has purchased a Travel Protection Programme; h) information on the optional or obligatory subscription of an insurance covering the costs of unilateral cancellation of the contract by the Customer or the costs of assistance, including return of the Customer, in the event of accident, illness or death; i) the details of the coverage set forth by Article 47, paragraphs 1, 2 and 3 of the TL.

 

PURCHASE PROCEDURE

Holiday packages and overnight stays can be purchased by the Customer on the Website www.gardaland.it;

Booking steps

1. access the Website;
2. select the package or overnight stays, and any related services, dates of stay and number of guests;
3. fill in the purchase form by entering the personal data of the buyer requested by the system, as well as the name of any additional guests;
4. view the booking summary including the total price (taxes included, excluding tourist tax) and the detail regarding the selected package/overnight stay, better indicated in the previous section of this document. In this way, the Customer will be able to check the details and correct any errors before completing the booking;
5. possibility of purchasing the Travel Protection Programme option (hereinafter for convenience also "Travel Protection"), which can only be purchased in combination with the standard non-discounted package (hotel + tickets), in order to be able to cancel the booking up to 7 days before the scheduled arrival date at no cost;
6. enter payment details. Purchases may be settled according to the payment methods specifically provided for in the specific section of these conditions of sale "payment methods". In particular, for payments by credit or debit card, the charge will be made online, or in real time through the payment platform of the competent banking institution, following verification of the accuracy of the data communicated by the Customer;
7. confirm the booking. To proceed with the purchase confirmation, the Customer must declare that it has knowingly accepted the content and conditions of sale of the booking in question, as well as the pre-contractual information relating to the law on holiday packages. After submitting the booking, the Customer may not cancel it, without prejudice to the possible purchase of the Travel Protection option in compliance with the methods of use of the same. The Customer may in any case contact the Customer Service to solve any problems related to the purchase, such as the possibility of making changes to the dates within a maximum of four hours from the confirmation of the booking. In any case, the Customer may exercise the right of withdrawal, as indicated below;
8. if the process has been successful, the booking system will return an instant booking confirmation number, followed by an automatic confirmation that the Customer will receive by email to the address indicated in the purchase form, containing the booking number. Failure to receive this message may be due to a temporary network communication problem or a user error in the transcription of the email address. In both cases, Gardaland recommends that you contact the Customer Service at the contacts provided at the bottom of these Conditions.

In order to proceed with the purchase, you must read and approve these General Conditions of Sale by ticking the appropriate box on the page before proceeding with the payment. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Website.

Gardaland recommends that the Customer retain the email received in paper or electronic form. The Customer, with the purchase confirmation, accepts the sending of the email containing the summary and booking number to the email address entered in the purchase form. Gardaland will not be responsible for entering an invalid email address and/or not receiving the purchase confirmation email for reasons not directly attributable to Gardaland.

However, the Customer may exercise the right of withdrawal (see the specific section of these General Conditions of Sale on "Withdrawal").

In any case, personal data must be provided in an exact manner in order to avoid problems in the confirmation and subsequent use of the booking made.

The languages available for the conclusion of the contract are Italian, English and German.

In any case, if the user decides to purchase a package/overnight stay for a minor for whom it does not have parental responsibility, by finalising the purchase it accepts and declare to hold Gardaland Srl harmless of any and all civil and criminal liability that may derive from or in relation to such purchase.

 

PAYMENT TERMS – CONFIRMATION OF THE PURCHASE

Prices

Gardaland advertises a wide range of Holiday Packages, Overnight stays and Special Offers. The descriptions given for each offer specify the services included in the price.

The prices shown are displayed in Euros and are inclusive of value added tax (VAT).

Taxes

Italian Municipalities have the right to apply a Tourist Tax, which, if not specified, is not included in the rates shown by the price tables; if applied, it must be paid by the Customer directly to the hotel. The Customer shall be solely responsible for paying these additional taxes.

Payment terms

At the time of booking, Gardaland accepts payments with the following credit cards provided with 3D secur code: Visa, MasterCard, American Express, Klarna, Paypal™ (if the Customer's country of origin so provides) and Maestro.

If the user decides to pay by credit or debit card, the charge will be made online, or in real time through the payment platform of the relevant bank, following verification of the accuracy of the data communicated by the user.

Charging and secure payment procedure

The amount will be charged at the end of the payment procedure, i.e. only after (i) the details of the card used for payment have been verified and (ii) the company issuing the payment card used by the Customer has issued the authorisation to charge.

On this point, in application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that it may be required to complete the purchase process by meeting the authentication criteria required by the payment institution in charge of managing the online payment transaction. The authentication criteria refer to the user's identity (to meet this criterion, the user must be registered on the Website during the purchase transaction) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may imply the impossibility of finalising the purchase and therefore confirming the Customer's booking. In this sense, Gardaland cannot be held responsible for the failure of the booking.

The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by Gardaland. Gardaland therefore never has access to and does not store, even in the event that the user chooses to store such data on the Website through registration, the data of the payment card used to proceed with the purchase.

At the end of the transaction, the Customer will receive immediate confirmation of the payment according to the reference circuit.

In any case, Gardaland reserves the right to suspend or cancel, at its discretion and at any time, a booking in the event of non-payment or partial payment of any sum charged to the Customer, in the event of late payment or in the event of fraud or attempted fraud through the use of the Website, including in relation to previous bookings. On this point, Gardaland reserves the right to refuse or cancel orders originating from (i) a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions and/or the conditions and/or terms of the Contract; (iii) by a user who has been involved in fraud of any kind and, in particular, relating to payments by credit card, or scalping of tickets; (iv) from users who have issued false, fictitious, incomplete or otherwise inexact or in any way misleading identification data or referred to third parties or that have not sent Gardaland the documents requested as part of the payment procedure, or have sent invalid documents.

As part of the fight against Internet fraud, information regarding bookings made by the Customer may be transmitted to third parties authorisized by law or designated by Gardaland for the sole purpose of verifying the Customer's identity, the validity of the booking, as well as the payment method used. As an additional measure to the secure payment system and in order to help prevent Internet fraud, Gardaland reserves the right to verify the personal data provided by the customer and take the measures it deems appropriate (including the cancellation of the order).

Confirmation

Gardaland will only issue the booking number after receiving confirmation of authorisation to pay or when the amount due has been credited.

The Customer is responsible for the correctness of the data entered in the booking system, therefore once confirmation of payment has been received, it undertakes to verify all travel documents received at the end of the booking and if it finds any errors, it must immediately contact the Booking Office at: hotelscustomercare@gardaland.it. If the system detects any anomalies connected to the omission of mandatory fields in the form, it will automatically report it.

The booking confirmation is acquired by Gardaland for the purposes of the correct conclusion of the purchase procedure and is stored in a database.

 

DOCUMENTATION REQUIRED FOR CHECK-IN

To check-in at hotels and consequently access the facilities, Customers must have:

• a passport or other valid identification document (identity card), as well as any residence and transit visas and health certificates that may be required, relating to each guest, including any minors.
• When travelling abroad with children under the age of 14 and for more detailed information, Customers should read and follow the instructions provided on the State Police website http://www.poliziadistato.it/articolo/191/.
• confirmation of purchase of the Holiday Package, Special Offer or Overnight Stay.

 

CUSTOMER TRAVEL INSURANCE COVERAGE

At the time of purchase, or in any case by 23:59 on the day following the purchase of a holiday package or an overnight stay, the Customer may decide to purchase one of the following travel insurance policies: Allianz Global Assistance Booking Protection or Booking Protection Plus. To this end, the Customer is invited to read the specific conditions at the hyperlink https://www.gardaland.it/scopri-la-guida-al-soggiorno/booking-protection/.

 

CANCELLATION POLICY

Purchase of the Travel Protection option:

The Travel Protection Programme option (hereinafter for convenience also "Travel Protection"), which can only be purchased in combination with the standard non-discounted package (hotel + tickets), allows the Customer to cancel the booking up to 7 days before the scheduled arrival date at no cost. In this case, the full payment will be refunded in its original form. The refund excludes the non-refundable "Travel Protection" fee equal to 10% of the entire value of the booking, as well as any donation made by the Customer to Merlin's Magic Wand. If the booking is cancelled less than 7 days before the scheduled arrival date, or in case of no-show, all amounts will on the other hand be withheld. Cancellations, changes or refunds are not allowed within 7 days of arrival.

If the Travel Protection option is not purchased, the following cancellation policy applies:

• Bookings may be cancelled or modified up to 60 days before arrival without any penalty. All amounts will be refunded in the original payment form. The refund excludes any amounts donated by the Customer to Merlin's Magic Wand;
• between 59 and 8 days before arrival, only date changes are allowed. However, the change of the booking date is subject to availability and new prices may apply;
• cancellations are not allowed within 7 days of arrival. In case of no-show, all amounts will be withheld.

Cancellation policy for guests booking within 7 days of arrival:

If the booking was made within 7 days of arrival, it is not possible to purchase Travel Protection and therefore cancellations are not allowed. In case of cancellation or no-show, all amounts are withheld by Gardaland.

Cancellation method:

To cancel the booking, the Customer must contact Gardaland by email at the address: hotelscustomercare@gardaland.it indicating the willingness to use the Travel Protection programme indicating the booking number and name.

 

CHANGES - REPLACEMENTS

Changes by the Customer

It is specified that the conditions related to the modification or cancellation of the purchase made or the replacement vary on the basis of the type of service purchased. Bookings may be modified or cancelled only if during the purchase it is specified that this is permitted and only at the conditions established for the relevant booking as specified both during the purchase procedure and in the e-mail sent to confirm the booking.

It is specified in any case that regardless of the type of purchase made, and whether or not Travel Protection is included, Gardaland always grants a tolerance of four hours from the time of booking to make any changes to any errors made during the purchase process by specifying them  by email to the address: hotelscustomercare@gardaland.it indicating the booking number and name.

That said, in the event of purchase of a Holiday Package (Art. 38 TL) the rules indicated below apply.

For stays of two to more nights, if a Customer does not show up for the first night booked and intends to check in for the following nights, it must contact the Gardaland customer care, or the facility directly, no later than 12:00 on the day following that on which it was due to arrive.

The Customer may transfer the booking to a third party (hereinafter also referred to as the "transferee") who meets all the conditions for the use of the Package, with written notice to Gardaland within 4 business days before departure together with the full details of the transferee. The original customer and the transferee are in any case jointly liable for payment of the Package, including any applicable taxes and additional costs, and the modification fee.

No refund will be made for meals not taken by the Customer.

In any case, all changes requested by the Customer in relation to the purchase made must be reconfirmed by Gardaland in writing, otherwise the original booking is deemed to be confirmed.

Changes by Gardaland

Gardaland may in exceptional cases cancel or modify the booking made by the Customer. In this case, Gardaland will promptly inform the Customer of the event and, where possible, will offer alternative accommodation in a facility of the same category and providing comparable services. If the Customer does not accept the proposal, Gardaland will reimburse the amount paid for the booking.

Specifically, Gardaland reserves the right, at its sole discretion, to make minor modifications to the conditions of the contract, with exception of the price. Such modifications should be communicated in a clear and accurate manner on durable media, such as an e-mail message. (Art. 40 TL)

If prior to the Customer using the booking, the Organiser modifies any of the main services of the tourist services provided by Article 34 paragraph 1 (a) in a significant manner, or cannot satisfy the Customer’s specific requests, or intends to increase the price of the package by more than 8%, the Customer may accept the proposed modification or cancel the contract without paying the cancellation fees. If the Client does not accept the proposed modifications provided by paragraph 1, the organiser may offer the Customer a replacement package of the same or higher quality. The Customer must communicate their choice within two days of receipt of the notice by Gardaland.

If the Customer decides not to accept either of the optional solutions offered by Gardaland, the Customer will in any case have the right to receive a full refund of all and any payments made, without unjustified delay and in any case within 14 days from cancellation of the contract, unless the defect of conformity is attributable to:

• force majeure and/or unforeseeable circumstances
• to the Customer.

 

RIGHT OF WITHDRAWAL

The Customer, pursuant to consumer legislation, may withdraw from the holiday package contract at any time before the start of the stay, however by paying a penalty to Gardaland of an amount corresponding to the adequate and justifiable expenses incurred by the latter, the amount of which shall be motivated by Gardaland to the Customer on request.

 

RESTRICTIONS AND LIABILITY

The Customer acknowledges and accepts that should there be any interruption or suspension of the Website for any reason, Gardaland will in no way be liable to the purchaser and/or third parties for lack of availability, for which it does not guarantee continuity. Consequently, the Customer acknowledges and agrees that he/she will not be able to make any claim against Gardaland for indemnification and/or compensation for damage.

The Vouchers may not be used as prizes, within or outside the scope of application of the Italian Presidential Decree 430/2001, or of other prize-giving or promotional initiatives (such as, without limitation, competitions or lotteries), except in the case of explicit prior written consent by Gardaland.

The Customer declares that he/she will not use the Vouchers in breach of these provisions and undertakes to indemnify and hold Gardaland Holidays S.r.l. harmless from any damage caused by any breach of this guarantee.

 

LIABILITY OF THE ORGANISER AND LIMITS OF COMPENSATION

Pursuant to Art. 42 of the TL, the organiser is liable for any damage caused to the Customer as a result of non-fulfilment in whole or in part of the services described by the contract, regardless of whether such damage is caused directly by the organizer or by third party service providers, unless the organiser is able to demonstrate that the event was caused by the Customer (including autonomous actions of the latter during the execution of the tourist services) or by unpredictable or inevitable third party events unrelated to the supply of the services provided by the contract, fortuitous events, force majeure, or circumstances that the organiser could not, with ordinary professional diligence, have reasonably foreseen or solved.

The organiser’s liability for compensation for personal injuries and the relevant statute of limitations, are governed by the provisions set forth herein, and shall in any case not exceed the limits established by the International Conventions governing the services made subject of the holiday package and by Articles 1783 and 1784 of the Italian Civil Code, with the exception of injuries to persons not subject to a specific limit.

 

OBLIGATION TO PROVIDE ASSISTANCE

Gardaland Holidays S.r.l. shall, pursuant to Art. 45 of the TL, provide prompt and appropriate assistance to any Customer in difficulty, above all by providing information about health services, the local authorities and consular assistance and helping the Customer with distance communications or to find alternative tourist services.

The organiser may ask the Customer to pay a reasonable price for such assistance if the problem is caused intentionally by the Customer or for reasons attributable to the same, within the limits of the costs actually incurred.

 

RULES AND RESTRICTIONS OF THIRD-PARTY SUPPLIERS

When making up a Holiday Package, Gardaland collaborates with Third-Party Suppliers who provide different services, that are subject to the Conditions applied by such third-party suppliers. The Customer should in any case read the specific Conditions and Limitations applicable to the different services before completing the booking.

 

OBLIGATIONS OF THE CUSTOMER

The Customer undertakes to pay the price of the package/s and/or overnight stay/s purchased within the times and in the manner indicated in these General Conditions of Sale.

Once the online purchase procedure has been completed, the Customer undertakes to print and retain these Conditions, as well as the Voucher issued and sent to the email address provided.

The Customer is solely responsible for the correctness of the data entered in the purchase procedure and undertakes not to enter false and/or invented data. The Customer holds Gardaland harmless from any liability arising from the issuance of incorrect tax documents due to inaccurate data provided by the same.

The provision of the credit card number and the final validation of the purchase constitute proof of the latter and make payable the sums indicated for the purchase of the package/overnight stay by Gardaland. The electronic records of Gardaland and Gardaland's partners shall constitute evidence of the communications and payments between the Parties.

 

DATA PROTECTION

The personal data provided will be processed in accordance with the specific information on the protection of personal data available on the page https://www.gardaland.it/sicurezza-privacy/politica-sulla-privacy/#prenotazione-soggiorni-presso-gli-hotel, in compliance with the European Regulation for the protection of personal data 2016/679 "GDPR" and related national legislation (in particular the Italian Legislative Decree 196/2003, "Privacy Code" as amended by Italian Legislative Decree 101/2018).

 

INTELLECTUAL PROPERTY

All figurative and other trademarks, present on the booking confirmation, on the Website, including the "Gardaland" trademark, the images, illustrations and logos and any content present on the Website (including, without limitation, these General Conditions of Sale) are the exclusive property of Gardaland and/or the respective owners of the intellectual property rights over them.

Reproduction in whole or in part, modification or use of such trademarks, illustrations, images and logos, or any other content of the Website, for any reason and by any means, without the express written permission of Gardaland and/or the respective holders of intellectual property rights thereon is strictly prohibited.

 

GENERAL CLAUSES

Severance

If one or more provisions of these General Conditions of Sale are declared invalid or ineffective due to a legislative change or following a ruling by a competent judicial authority, the other provisions will remain fully valid and effective.

Waiver

The fact that one of the Parties does not claim against the other a breach of any of the obligations contained in these General Conditions of Sale, will not be understood as a waiver of obtaining the fulfillment of the obligation in question in future.

Force Majeure

Unless otherwise provided, Gardaland shall not be held liable for any loss, damage or delay in the provision of the services governed by these general conditions caused by strikes, labor disturbances, lockouts, fortuitous events, fires, fulfillment of orders and prescriptions of any public authority or whoever claims to be its representative; legal prohibitions, government orders or regulations, insurrections, state of war or similar acts, natural elements, force majeure embargo or any other cause beyond its reasonable control.

Applicable Law and Jurisdiction

These General Conditions of Sale and the purchase contracts concluded through the Website are governed by the Italian law. Any dispute relating to the validity, interpretation, execution or termination of these General Conditions of Sale will be referred, in the absence of a transaction, to the jurisdiction of the competent Italian Courts based on the Customer's place of residence or domicile, if located in Italy.

Pursuant to Art. 141-sexies, paragraph 3 of the Italian Consumer Code, Gardaland informs the Customer, who is a consumer pursuant to Art. 3, paragraph 1, letter a) of the Italian Consumer Code, in the event that it has submitted a complaint directly to Gardaland as a result of which it was not possible to reach an amicable solution, of the possibility of resolving the dispute relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale, out of court before the "Alternative Disputes Resolution" body or bodies (ADR bodies, as indicated in Articles 141-bis et seq. of the Italian Consumer Code).

The Customer, who holds the status of consumer pursuant to Art. 3, paragraph 1, letter a) of the Italian Consumer Code, also has the possibility of resolving any disputes relating to purchases out of Court, through the online dispute resolution platform available at the link http://ec.europa.eu/consumers/odr/.

In any case, the Customer's right to appeal to the competent ordinary court is without prejudice, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Italian Consumer Code.

For any dispute related to the application, performance and interpretation of these General Terms and Conditions, the Customer residing in a member state of the European Union other than Italy can also have access to the European small claims procedure through Regulation (EC) No 861/2007 of the Council of 11 July 2007, on condition that the value of the dispute does not exceed €5,000.00, excluding interest, fees and expenses. The full text of this regulation can be found at www.eur-lex.europa.eu.

 

CONTACT INFORMATION

The Customer may request any further information by contacting the Hotes Customer Care Department:
You can request information, send communications and/or suggestions, request assistance or submit complaints by contacting Gardaland in the following ways:

• by email, to the following address: hotelscustomercare@gardaland.it
• via certified email at: posta-certificata@legalmail.it
• by sending a registered letter by post to the following address: Gardaland Holidays S.r.l., Via Derna 4, 37014, Castelnuovo del Garda (VR)

Customers should submit claims to the Hotel or Gardaland without delay, and in any case within 10 working days from the date of returning to place of departure, in the case of inadequate services, lack of conformity or non-performance of the tourist services included in a package, in other words, claims relevant to the execution of the purchase contract. Gardaland will respond to complaints submitted by email and/or telephone at the latest within 5 days of receipt of the same (ART. 44 TL)

 

Last Revised: 1st August 2024