TERMS AND CONDITIONS FOR ONLINE BOOKING OF SERVICES
Mottolino Spa offers its customers the possibility of booking their services and services provided by third parties. The services relate to the locality of Livigno (Sondrio, Italy) and neighboring areas (Alta Valtellina) and can be booked individually or together through the website www.mottolino.com under the following general contract conditions.
All future services that Mottolino Spa will provide to juridical or physical ‘client’ persons are subject to the general contract conditions.
Any general terms and conditions of the customer notwithstanding the present general conditions are applicable only if expressly approved in writing by Mottolino Spa. The present general conditions are completed by the particular conditions relating to the single services illustrated in the product sheet which can be consulted during the booking phase.
Mottolino Spa provides customers with the services listed below and illustrated in detail in the product description sheet that can be consulted during the booking process.
Sales and brokerage for cable transport services (lifts), trucking, ski pass and bikepass cards, sports equipment rental
(skiing, snowboarding, biking), enrollment in courses and private lessons (skiing, snowboarding, biking), catering, entrances to arboreal adventure parks, pump track entrances, photo shoots, hire of hiking vehicles for own driving or with a pilot where provided (snowmobiles, quads, helicopters), drift kart circuit entrances, tickets for events, riding stables, educational farm visit, wellness (entrances to wellness centers, wellness treatments), mountain guide or bike guide for excursions (freeride, ski mountaineering, snowshoeing, heliskiing, excursions and bicycle tours), guided tours of the locality, dog sledding, local merchandise (clothing, gadgets), travel insurance and any other useful service to the customer during his stay in the aforementioned locations.
Mottolino Spa has the task of confirming the customer's orders and reservations by means of an order confirmation sent by e-mail.
The present general contract conditions, any special conditions relating to the services illustrated in the product sheet, the description of the services within the product sheet and the compensation that the customer must pay to Mottolino Spa (payment) constitute the contract.
Only Customers who have previously viewed and unconditionally accepted these general conditions as part of the process
of completion of their booking they can use the Services offered by Mottolino Spa. In the event that a Customer does not accept the general conditions, it will not be possible to complete the booking. These general conditions are effective from 01 July 2019.
When customers make a reservation they must save and / or print a copy of these general conditions as a future reference.
Article 1. Definitions and purpose
The following definitions have the same meaning in the plural and singular.
'Attractions' means the offer of tickets for events, admissions to tourist attractions (eg Larix Park adventure park) and guided tours (eg Brewery 1816).
'Customer' means a customer who books and / or purchases one or more Services offered on the Site.
'General Conditions' means the general conditions indicated in this contract to book and use travel services offered through the Site, which may be modified by Mottolino Spa from time to time.
'Special Conditions' means the conditions applied by third-party suppliers to regulate the delivery of the "Service" and its use by the "client"
(how to use the service).
'Mottolino Spa' means its registered office at via Bondi 473 / a, 23041 Livigno (SO), Italy, which can be contacted via email at [email protected] or by calling the Italian Customer Assistance Service on +39 0342970025 (09:00 am -17: 00 Mon-Fri in May, June, October, November and Mon-Sun in the remaining months (for more details see Article 6 of these sales conditions).
"Supplier" means any service provider not owned by Mottolino Spa.
'Service' means any service offered on the Site (eg accommodation, ski pass, sports equipment rental, etc.).
'Site' means the site www.mottolino.com.
1.2. Scope of application These General Conditions apply to the display on the Website of the Services (as defined above) by Mottolino Spa as well as to the activities carried out by Mottolino Spa to make these Services available on the Website for booking by Customers. The acquisition of the Services constitutes a contract between the Customer and Mottolino Spa.
These General Conditions are subject to the Particular Conditions of the Supplier, made available to the Customer at the time of booking within the product sheet that the Customer accepts at the time of booking. It is the Customer's responsibility to read the Particular Conditions of the Supplier to find out how to provide the service.
These General Conditions may be modified by Mottolino Spa at any time without notice.
These changes will not apply to bookings that have already been accepted by Mottolino Spa on behalf of the individual Supplier.
It is therefore essential that the Customer reads, saves and / or prints a copy of the General Conditions at the time the reservation is made,
in order to know the applicable provisions.
Article 2. Booking through the Site
2.1. Customer's obligations
The Site helps the Customer to find travel and vacation services and to make the necessary reservations. The Client must be at least eighteen years of age, have the legal capacity to conclude contracts, have the necessary authorization or power to act for or on behalf of each person included in a booking and must use the Site in compliance with these General Conditions and the conditions of use of the Site.
The Customer is responsible for the activities carried out through the Site (from the economic point of view or otherwise) and is also responsible for the consequences deriving from the possible use of his name and password to access the Site. The Customer guarantees the accuracy of the personal information entered by him on the Site and, if applicable, information on persons traveling with him.
Any use of the Website that is fraudulent or in contrast with these General Conditions will constitute a reason to deny the Customer access to the Services offered by Mottolino Spa and by the Suppliers or other functionalities of the Website.
2.2. Confirmation and cancellation of reservations
The confirmation of each booking, which will include the essential elements of the same such as the description of the Service (s) booked and the price,
will be sent to the Customer via e-mail. If the customer does not receive a confirmation email within 24 hours of making a reservation, he must contact the Customer Assistance Service in Italy by sending an email to [email protected] or by calling the Italian Customer Assistance Service on +39 0342970025 (09: 00-17: 00 Mon-Fri in May, June, October, November and Mon-Sun in the remaining months).
It is understood that the data stored in the computer systems of Mottolino Spa and / or its Suppliers will constitute proof of the reservations made
by the Customer. The data stored on computers or electronic media therefore constitute a valid proof, and must be accepted under the same conditions and with the same test value as a document written in paper form.
In the event of total or partial cancellation of a booking by the Customer, the entire cost of the service will be charged to the same.
Mottolino Spa reserves the right to cancel the reservation in the event of failure to pay promptly.
2.2.3 Changing the reservation
If, after making a reservation, the Customer wishes to modify the service with regard to the date or the service itself, the Customer must send an email to [email protected] or call the Italian Customer Service at +39 0342970025 ( 09: 00-17: 00 Mon-Fri
in May, June, October, November and Mon-Sun in the remaining months).
It is possible to change the date of the reservation free of charge up to 48 hours from the use of the booked service.
In case of changes other than the booking date, an additional cost may be applied by the Supplier. Minimum amount € 20 equal to the cost
fixed administrative costs.
In the event that a refund is due to the Customer, the relative amounts, net of the fixed administrative costs of € 20, will be returned to the party that received the original payment (such as Mottolino Spa, a Supplier or another party that appears on the customer's credit card or in the account statement of the same) on the card used to make the original transaction.
2.3. Travel documents
Travel documents required for a Service requested through the Site will be sent to the email address provided by the Customer at the time of booking.
Mottolino Spa or the Supplier cannot be held responsible if the delivery of travel documents proves impossible due to an error made by the Customer in providing his personal data or his email address.
The purchase of a Service can be made by the Customer through the Site.
The Customer must provide data relating to his credit card, PayPal account or other method suitable for payment and Mottolino Spa will be required to verify: (i) the validity of the credit card, PayPal account or payment method selected and ( ii) the availability of funds in the credit card, PayPal account or selected payment method (which will be confirmed by the customer's credit card issuing bank, by PayPal
or by the manager of the selected payment method). Subsequently, Mottolino Spa will send the Customer a confirmation e-mail in accordance with paragraph 2.2.1 above. The confirmation email must contain a copy of the purchase details, which will also be available in the "My Account" section of the Website. Should any data not be correctly reported, or the Customer does not receive a confirmation email within 24 hours, the Customer is required to promptly contact the Italian Customer Service Department without delay by calling +39 0342970025 (9: 00-17: 00 Mon-Fri in May, June, October, November and Mon-Sun in the remaining months).
The payment for the "Service" purchased by the Customer will be made entirely by credit card, PayPal or other payment method selected at the time of choosing the "Service" itself.
During the purchase process, the Customer is required to provide credit card details, a PayPal account or other payment method.
If the issuing bank denies the payment, the purchase will be suspended and the Customer will not be charged any fees. If there were other problems, for example a transaction did not go well, or if a problem occurred during the booking, it could happen that, due to the current payment system regulated by the international credit card associations, they are temporarily blocked. on the credit card of the customer of the amounts for an amount equal to the total or partial cost of the planned purchase. In this circumstance Mottolino Spa
does not debit your account. In the event that funds are blocked on the Customer's credit card, the same must send an email to [email protected] or call the Italian Customer Service at +390342970025 (9:00-17:00 Monday-Friday in May, June, October, November e Monday-Sunday in the remaining months).
Once Mottolino Spa has become aware of the blocking of a sum and the related unlocking request has been sent to the bank, the time required for the release of the funds is determined by the bank that issued the credit card and the interbank circuits, but Mottolino Spa will do its utmost to assist the Customer in obtaining the aforementioned release quickly.
Note: Before proceeding with the purchase of the selected Service, the Customer must ensure that his current account has sufficient funds for the payment of all the selected services. If there are not sufficient funds available, although Mottolino Spa does not charge any cost or expense to the Customer's account, making the purchase could cause the sums to be blocked on the Customer's credit card until the amount of the transaction is not formally issued by the issuing bank and international credit card associations.
Article 3. Specific Services
Mottolino Spa manages the Site, on which it shows the Services and makes them available for booking by the Customer.
The contract for the purchase of the Services is stipulated between the Customer and Mottolino Spa.
The purpose of this section is to provide some information regarding the terms and conditions of use of the Services provided by the Suppliers in order to inform Customers about them. This preliminary information should not be considered exhaustive and does not replace the Special Conditions.
In case of conflict or incompatibility between the General Conditions and the Special Conditions, the Special Conditions will prevail.
The Special Conditions of the Suppliers are made available before making the reservation.
3.1. Various services
The provision of the Services is subject to the particular conditions of the supplier highlighted in the product sheet which can be consulted at the time of booking.
The services that offer local activities are not generally transferable and refunds or changes are not possible (unless cancelled by the Supplier and in the cases provided for in paragraph 8.2.). It is possible that, occasionally, the Services offered by Suppliers and shown on the Site are deleted,
for example, due to weather conditions, safety or force majeure, during stays out of season, or even if the number of participants required for the activity is not reached. Mottolino Spa is available to make changes to the reservation and / or to reimburse the service not enjoyed in such circumstances and according to paragraph 8.2. if the activity is included in a Tourist Package. In this case the customer is not entitled
to possible compensation for damages.
Article 4. Additional Information
4.1. Prices and information on the Site
The price of the Services will be the one quoted from time to time on the Site, except in the case of manifest material error. Prices are subject to updates at any time; however such changes will not affect already accepted bookings.
Although Mottolino Spa undertakes to do its best to avoid errors or inconveniences, in the event that, due to a material error,
a price appears on the Site in a non-exact way, Mottolino Spa will not be required to provide the Services to Customers at the price clearly wrong when this circumstance has been determined by a recognizable material error (for example: weekly € 1 ski pass) resulting alternatively from a technical error of the system or from an incorrect communication by the Supplier, even if a confirmation email has been sent to the Customers.
Mottolino Spa undertakes to make every reasonable effort to ensure that the information contained on the Website and relating to the services offered are accurate and up to date. However, the information contained on the Site is provided by each of the Service Providers; therefore, in compliance with the applicable law, Mottolino Spa cannot be held responsible for their accuracy and precision.
4.2. Photographs and illustrations
Mottolino Spa does its best to provide the customer with photographs and illustrations that give the customer a representation of the service offered.
The purpose of these photographs and illustrations is to show the Customer the conditions of the service, and the same should not be considered as a guarantee that exceeds this purpose.
The prices shown on the Site do not include the cost of any insurance that the Customer can stipulate separately:
privately, by contacting the service provider directly if the insurance is available
Article 5. Economic conditions and payment procedures
Unless otherwise specified in the Special Conditions, the prices of the Services shown on the Site are expressed in Euros. The prices of the Services booked on the Site must be paid to (i) Mottolino Spa which will accept these payments on behalf of the Suppliers. Payments may be charged by more than one party (as will be shown on the Customer's credit card statement, PayPal account or other payment method).
However, the total cost charged will not exceed the total price of the Services.
Article 6. Customer service and complaint handling
Questions, requests for information or complaints must be sent via email to [email protected] or by calling the Assistance Service
Italian customers at +39 0342970025 (9: 00-17: 00 Mon-Fri in May, June, October and November and Mon-Sun in the remaining months).
Customers are invited to send any complaints within 30 days of using the service.
In general, complaints will be handled only if the issues mentioned have been reported via email to [email protected] by calling the Italian Customer Service Department on +39 0342970025 (9: 00-17: 00 Mon-Fri in May, June, October, November and Mon-Sun in the remaining months) during the journey (or as soon as reasonably possible) so as to be able to take measures to solve the problem and to limit the damage suffered by the Customer. However, there may be exceptions based on the circumstances.
Furthermore, pursuant to Legislative Decree 28/2010 and subsequent amendments, the Customer has the right to access mediation for the settlement of a possible dispute arising against Mottolino Spa under the conditions set by the body chosen by the Customer who will administer this procedure.
Article 7. Responsibility of Mottolino Spa
7.1 Responsibility of Mottolino Spa in relation to its own and third-party services
In relation to the purchase of own and third-party services, Mottolino Spa operates as a supplier therefore it will be responsible for the non-fulfillment of the obligations relating to the Services provided to the Customer.
Mottolino Spa cannot in any case be held responsible for the information provided in the product description sheet and particular conditions indicated by third-party Suppliers nor can it be held responsible for any damage suffered by Customers in relation to Services provided
from Third Parties.
If Mottolino Spa cannot fulfill or is limited in fulfilling its contractual obligations due to force majeure,
he can terminate the contract by reimbursing the customer for the costs of the services that he could not provide. In this case the customer is not entitled to a
possible compensation for damages.
Article 8. The right of withdrawal
Pursuant to the combined provisions of articles 47 letter g) and m) and 59 paragraph 1 letter n) of the Consumer Code and article 32, paragraph 2,
of the Tourism Code, the right of withdrawal does not apply to the Services provided for in articles 52 and following of the Consumer Code.
Article 9. Disclaimer
Unless otherwise provided in these General Conditions, all warranties, terms and conditions, explicit or implicit,
in relation to this Site or the information it contains are excluded to the maximum extent permitted by law.
Article 10. Applicable law
These General Conditions are governed by Italian law, excluding the applicability of law 218/95 ("Reform of the Italian private international law system"). The Customer agrees that the Italian judicial authority will have jurisdiction in relation to any dispute arising from the interpretation and / or arising from these General Conditions.
Article 11. Final provisions
If Mottolino Spa does not make use of one of the provisions of the General Conditions at any time, this cannot be interpreted as a waiver of the right to invoke this provision at a later date.
If a court or other competent judicial authority deems any provision to be invalid, unlawful or unenforceable,
or part of it, of these General Conditions, that provision, or part of it, cannot be considered part of this contract with the Customer within the limits of the requested measure and the other provisions will remain applicable.
Any cases of force majeure, including the interruption of the means of communication or a strike by the carriers, hoteliers or air traffic controllers, will result in the suspension of the obligations contained in these General Conditions which are affected by the force majeure event
and the party affected by the force majeure event will not be responsible for the impossibility of fulfilling these obligations.
Article 12. Jurisdiction
In the event of disputes relating to this agreement, the Court of Sondrio will have jurisdiction.
The following General Conditions come into effect starting from 01 July 2019.
Communication pursuant to article 16 of Law 269/98