General Terms and Conditions of Contract and Sale
Parties to the Contract
Contracting Parties shall mean:
The Key to Rome S.r.l. – a company under Italian law, with registered office in Rome, Via Carlo Poma, 2 (zip code 00195) (hereinafter referred to as “The Key to Rome”);
The Client: the legal entities, professionals and individuals over the age of 18 who use the service provided by “The Key to Rome” (hereinafter referred to as “Client”).
Definitions: “Guided tours” are defined as tours organized by “The Key to Rome” which may include the booking and purchase of entrance tickets to museums and art galleries, the personalization of artistic and cultural itineraries, the service of multilingual guides specialized in art history and archaeology, and, where required, the provision of personal chauffeur and personal shopper services. “Events” means the conception, design, planning and implementation of promotional, sales promotion and marketing activities characterised by the choice of exclusive locations with a predominantly artistic and cultural component.
Website: the company-owned website www.thekeytorome.it where products can be purchased.
- Subject: The present General Terms and Conditions (GTC) regulate the distance sale and, insofar as compatible and not otherwise derogated, the non-distance sale of “Guided Tours”, “Events” and “Tickets” for entrance to museums and galleries and/or for artistic and cultural entertainment events, carried out by The Key To Rome either in its own name or in the name and on behalf of the event organizer, as well as the contract for the supply of services necessary and accessory to the sale of such tickets.
- Availability offers: The offers of the services requested for “guided tours” and/or “events” are subject to availability and can be confirmed only after the availability of the museum and/or art gallery and of the guide and of the personal chauffeur and/or personal shopper, if any, and of the location identified has been verified. The Key to Rome is not responsible for the possible cancellation by the museums, art galleries, and locations of the confirmed guided tours and/or events, if the management of the same should revoke the availability for reasons attributable to them or for reasons of force majeure, subject to full restitution of the amount paid in advance by the Client.
- Prices: Prices are in Euros and include VAT. The price of Guided Tours and Events may be subject to change at any time prior to purchase. The price of a single product does not include any shipping costs.The customer also acknowledges that the price of guided tours and events may change after purchase due to a variety of circumstances, such as changes in prices by service providers, increases in ticket prices, venue hire fees and regional rates for tour guides. Should such price increases occur, The Key to Rome agrees to take charge of any price increases up to 2% of the increase for Guided Tours and Events, while the Client shall pay The Key to Rome or, upon the latter’s instructions, directly to the service providers and/or third parties any adjustments for the aforementioned increases. It is understood, however, that if the increase in price of the Guided Tours and Events exceeds 10%, the Client may cancel the contract and receive a full refund of the amount paid, provided that the Client notifies such cancellation within 5 days from the date on which he/she was informed of such additional costs, and in any case, no later than the twentieth day prior to the Guided Tour and/or Event.
- Confirmation of bookings and conclusion of the contract: In accordance with the Legislative Decree of 9 April 2003, no. 70 containing provisions regarding electronic commerce, The Key To Rome informs the user that in order to conclude the contract for the purchase of a Service, Visit, Event or Ticket, the user must fill out an order form in electronic format and send it electronically, following the instructions that will appear from time to time on the Site. A special page on the Site will show the Tours, Visits, Events and Tickets that can be purchased at that time; the Customer must choose a product and enter a special tab where the costs, product description, images, and a button for requesting availability (through a contact form) and the various purchase options (depending on the number of people, called guests) with the associated cost are shown. Once availability has been checked and the number of participants has been chosen, the Customer must check that the price is correct and click on “add to basket”. The customer then enters the shopping cart, which contains a summary of the chosen product, from which he can cancel, modify his choice or apply a discount coupon. At the bottom of the page is the “proceed with the order” button which the Customer must click to access the next purchase page. On the next page, the Customer must fill in a form with his data and then make the payment by credit card only. At the end of this operation, the Customer will receive an email confirming the purchase.The contract is concluded when the order form is forwarded by the user and reaches The Key To Rome’s server. The user is responsible for the data entered in the form; once the order form has been registered, a confirmation of the booking will be sent to the Client via e-mail to the address indicated at the time of purchase. It will be the Client’s responsibility to periodically check his e-mail address in order to promptly receive eventual communications regarding the services booked and purchased. The Key to Rome declines any responsibility for eventual problems in the transmission and/or reception of e-mail messages and fax transmissions, and for eventual damages deriving from the non-receipt of such messages. The confirmation of the booking contains a summary of the general and particular conditions applicable to the contract, the essential information relative to the object purchased, the detailed indication of the price, the means of payment used, the eventual delivery costs and any additional costs, as well as the information relative to the Customer Service contacts the user can contact to request assistance and/or make complaints. The order confirmation e-mail, which contains a link to the GTC, constitutes the confirmation of the contract concluded on a durable medium pursuant to art. 51, paragraph 7, of the Consumer Code; the Client acknowledges and recognises that, having sent such e-mail, The Key To Rome has fulfilled the documentation obligations incumbent upon it and that, therefore, the Client is bound by the Contract and is, in particular, obliged to pay the total amount according to the methods indicated below. The order form shall be stored in the database for the time necessary for its execution. The languages available to users for the conclusion of the Contract are Italian and English. The Customer Service is able to communicate with the users in the same language. The Key To Rome reserves the right to refuse or cancel orders that come from a user with whom it has an ongoing legal dispute, from a user who has previously violated the present GTC and/or the conditions and/or terms of the Contract, from a user who has been involved in credit card payment fraud, by users who have provided false, invented, fictitious, incomplete or in any case inaccurate identification data and/or in any way not corresponding to the truth or referring to third parties, or who have not promptly sent the documents required for access to museums or galleries or guided tours.
- Terms of payment: the price of the products purchased through the site are to be paid by credit card in full and at the same time as accepting the offer or completing the purchase procedure referred to in the preceding point.
- Method of payment and reimbursement: Payment for services, Visits and Events can be made according to the methods indicated on the site only by credit card. Payment for products purchased on the site can be made by credit cards of the Visa, Mastercard, American Express circuits. The credit cards accepted are indicated in the payment phase of the purchase process. Credit card payments are managed through Stripe. In order to guarantee the security of the payments made on the site and to prevent possible frauds, the holder of the order must correspond to the holder of the credit card, and in the case of discrepancies, The Key To Rome has the right to ask the user to send by email a front/back copy of their identity card and the holder of the credit card, both valid. While waiting for the requested documentation, the order will be suspended and the user is obliged to send the requested documents within the indicated time limit, under penalty of the legal termination of the contract and compensation for any damages suffered due to the non-compliant behaviour of the user. It is guaranteed that a secure payment service using the SSL security protocol is used. Confidential credit card data (card number, holder, expiry date, security code) are encrypted and thus transmitted to the payment service provider. In the event of termination and in any other case of reimbursement, for any reason whatsoever, the amount of the reimbursement will be credited to the same means of payment used by the Customer for the initial transaction; if this is not possible, the reimbursement will be made by bank transfer to the bank details communicated by the Customer.
- Request for Modification of Services by the Client: Should the Client wish to make any modification to the Guided Tours and Events purchased through The Key to Rome, the Client must notify The Key to Rome in writing no later than the twentieth day prior to the provision of the service itself. The Key to Rome shall make every reasonable effort to meet the Client’s requests for changes, but cannot in any way guarantee that the service providers will accept such changes or that there will be availability for the new dates and/or itineraries and/or structures chosen by the Client. Should the service providers request additional compensation for such changes, The Key to Rome will inform the Client, who will have to decide whether to accept the new prices or renounce to the requested changes.
- Substitutions: The Client or the passenger for whom the Guided Tours and Events were purchased may be substituted by another person, provided that – The Key to Rome is informed in writing at least 4 working days prior to the date set for departure, and at the same time is informed of the details of the substitute; – the substitute person reimburses The Key to Rome for all expenses incurred to proceed with the substitution in the amount that will be quantified. The Client and the substitute are also jointly responsible for the payment of the balance of the price as well as the amounts incurred to proceed with the replacement. In addition to any further fees requested by the service providers, The Key to Rome shall charge the Client a commission for each variation and for each participant to whom the variation applies. In the event that requests for changes are not accepted by the service providers, the cancellation of the Guided Tours and Events will result in the application of the penalties provided for by the service providers and by the present conditions.
- Method of pick up or delivery: The delivery of eventual tickets or entrance tickets to museums or galleries purchased on the Site can be made, at the user’s choice and upon payment of the relative costs, if due, in the following ways: delivery to the postal address indicated during the purchase process or pick up at the event location or the Museum location or other place designated for pick up and indicated during the purchase process. In case of purchase of Tours or Visits that do not require access to particular structures, The Key To Rome may send by email the voucher to be printed and given to the Guide or to the person indicated. In the event that the user chooses home delivery, the tickets purchased on the Website shall be sent and delivered to the postal address indicated by the user during the purchase process. Delivery is made by express courier and the times and costs are indicated at the time of purchase or in the order confirmation e-mail. At the time of shipment, an e-mail will be sent to the Customer confirming that the carrier has taken charge, which will also contain the tracking number with which the Customer can check the status of their shipment. Home delivery is subject to payment and, unless otherwise provided for, the delivery costs shall be borne by the Customer. The amount of the delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process and, in any case, before the user proceeds to transmit the order and make the payment. The risk of loss of or damage to the tickets is transferred to the Customer at the time the Customer physically takes possession of the goods. Otherwise, and if provided for, the Customer may only collect the tickets from the venue on the day of the event, unless otherwise indicated to the user during the purchase process, prior to the conclusion of the Contract. If the Customer chooses to collect the tickets at the venue, no costs will be charged to the Customer. In order to collect the tickets, the Customer must show the order confirmation e-mail sent.
- Exclusion of the Client’s right of withdrawal – Penalties: In the event of the Client’s purchase of Guided Tours and Events, the Client may not exercise the right of withdrawal, since, pursuant to Article 59, letter n), of the Consumer Code, such right of withdrawal does not apply to contracts for the provision of services relating to accommodation, transport, catering, leisure, when, at the time of entering into the contract, the service provider undertakes to provide such services on a predetermined date or for a predetermined period. However, The Key to Rome, guarantees that cancellations notified in writing to the contact details below will be subject to the following penalties on the total amount of the Guided Tours and Events as described below: – 10%, over and above the cost of the tickets purchased and the deposits paid, up to 30 calendar days prior to the service;
– 30%, over and above the cost of the tickets purchased and the deposits paid, from 29 to 7 calendar days prior to the service;
– 50%, over and above the cost of the tickets purchased and the deposits paid, from 6 to 2 calendar days prior to the service;
– 100%, over and above the cost of the tickets purchased and the deposits paid, from the day before and/or for no-show.
- Access to the facilities: All holders of admission tickets to the facilities must be in possession of a valid identity document. The Entrance Ticket constitutes proof of access exclusively for the event or visit for which it has been issued, on the day and at the time indicated therein. The Third Party Organizer has the right to refuse access for reasons unrelated to The Key To Rome and to carry out checks on the person for security reasons.
In case the Entrance Ticket has been lost, misplaced, damaged, deteriorated or destroyed, access to the place of the visit will not be allowed and in any case it cannot be replaced.
The Client acknowledges that the Organiser and/or the authorities responsible for protecting public order and safety, for technical and/or organisational reasons, have the power to cancel the visit or event. In this case, the Client will be entitled to a refund of the Total Amount paid, excluding delivery charges.
- Visit, Exhibition or Event postponed or cancelled: The Key To Rome, as the service provider and seller of the Tickets or Access Tickets, is in no case responsible for the eventual postponement or cancellation by the Organizer or the Owner of the structure. In the event of postponement or cancellation, the Customer will be informed of the steps taken in relation to the refund or replacement of tickets.
Notwithstanding the above, in the event of cancellation or postponement by the Third Party Organizer, in no case may the Client ask The Key To Rome for reimbursement in addition to the net cost of the product purchased, and any commissions, delivery costs, and other miscellaneous expenses incurred by the Client shall be charged to the Client.
In the case of cancellation of Third Party events, The Key To Rome shall provide for the reimbursement to the Client according to the modalities and timing decided by the Third Party Organizer to the extent that it has received the necessary funds from the latter. In any case of cancellation and/or postponement, the Client may still turn to the Organizer, in order to assert all his/her rights against the same.
In relation to the purchase of Tours or Visits organized directly by The Key To Rome that do not include the purchase of tickets for access to Third Party facilities, in the event of cancellation or postponement for any reason beyond the company’s control, the Client will have the right to a full refund of the amount paid or to a substitution with another Tour or Visit of equal value.
- Limitation of Liability: Except in the case of fraud or gross negligence, The Key To Rome cannot be held responsible for the expenses and damages, direct or indirect, of any nature, suffered by the Client in relation to the sale of the products on the website.
- Prohibitions: Guided Visits, Tours, Museum or Gallery Access Tickets may not be resold to third parties for valuable consideration, nor within the scope of the professional performance of a commercial activity, even if not organized as a business, without the express consent of the seller.
- Assistance and Complaints: Any complaint and/or contestation regarding the services of the Guided Tours and Events must be communicated verbally and confirmed in writing by the Client without delay to The Key to Rome and to the suppliers of the individual Services that are the subject of the complaint and/or to allow for a prompt remedy to any inefficiency. The Client must, in any case, communicate in writing, by registered letter with return receipt, under penalty of forfeiture, any claim within and no later than 10 working days from the date of the provision of the service.
It is possible to request information, send communications or forward complaints by contacting the customer service through the website or at the addresses indicated during the purchase process.
The Key To Rome will respond to complaints via e-mail and/or telephone within 5 days.
- Applicable Law – Jurisdiction: The present contract shall be regulated and interpreted in compliance with the substantive and procedural Italian Law. The Parties agree that, for all that is not expressly provided for and disposed of in the present document, the provisions dictated by the Civil Code shall be considered applicable. The offer and sale on the site of entrance tickets, tou or guided tours and the services offered by The Key To Rome constitute a distance contract governed by Chapter I, Title III (art. 45 et seq.) of the Consumer Code and by Legislative Decree 9 April 2003, no. 70, containing the discipline of electronic commerce. These GTC may be amended at any time. Any changes will be in force from the moment they are published on the Website in the “Terms and Conditions of Purchase” section. Users are therefore required to consult the current version of the GTC before making any purchase, which will then be approved and accepted at the time of purchase.
Please note that in the case of a consumer user, any dispute relating to the application, execution and interpretation of these GTC or the Contract shall be settled by the court of the place where the user resides or has elected domicile. If not, the Court of Rome shall have exclusive jurisdiction.
- Alternative dispute resolution: Pursuant to Article 141-sexies, paragraph III, of the Consumer Code, the “Consumer” is informed that, in the event that he/she has filed a complaint, following which, however, it has not been possible to resolve the dispute that has arisen, information will be provided regarding the body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these GTC (so-called ADR bodies, as indicated in the following paragraphs). ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute.
In any case, the rights of the consumer users to refer the dispute arising from these GTC or the Contract to the competent ordinary judge, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where applicable, to promote an 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 Consumer Code, shall remain unaffected.
18. Personal data: The participants’ personal data shall be processed in compliance with the privacy legislation in force and, in particular, with EU Regulation no. 679/2016 which provides for the protection of individuals with regard to the processing of personal data. Identification of the Data Controller: the data controller is The Key to Rome, whose data processor is the pro tempore legal representative, domiciled for this purpose at the registered office. 2. Purpose of processing: the processing of the personal data provided is necessary for the execution of the contract and is aimed solely at the provision of the services requested; the communication of the minimum data is compulsory; any refusal to communicate the data will make it impossible to initiate the legal relations and/or to provide the services requested. Processing methods: personal data will be processed in paper, computer and telematic form and entered into a central archive located at The Key to Rome which may be accessed by those responsible for data processing; data processing operations are carried out in such a way as to guarantee the integrity, confidentiality and availability of personal data. 4. Period of data storage: the data provided will be stored for the entire duration of the service. 5. Scope of communication and dissemination of data: the data may be communicated in the cases provided for by regulatory provisions or administrative measures and may be disclosed to third parties to the extent strictly necessary for the performance of the service. The data will also be communicated to the insurance companies with which the compulsory insurance policies are stipulated or the optional ones requested. 6. Rights of the data subject: the data subject shall have the right to obtain from the data controller confirmation as to whether or not personal data concerning him/her are being processed and, if so, to obtain access to the personal data and information concerning the processing, in accordance with Article 15 of EU Regulation No. 679/2016. The data subject shall have the right to obtain from the controller the rectification of inaccurate personal data concerning him/her without undue delay; taking into account the purposes of the processing, the data subject shall have the right to obtain the integration of incomplete personal data, including by providing a supplementary declaration, in accordance with Article 16 of the Regulation. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him/her without undue delay, and the controller shall be obliged to erase personal data without undue delay in the cases provided for by Article 17 of the Regulation.
The data subject has the right to obtain from the data controller the restriction of processing in the cases provided for by Article 18 of the Regulation. The data subject has the right to data portability, in accordance with Article 20 of the Regulation. The data subject shall have the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her pursuant to Article 6(1)(e) or (f) of the Regulation, including profiling on the basis of those provisions, in accordance with Article 21 of the Regulation. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, in accordance with Article 22 of the Regulation. The data subject may lodge a complaint with the Garante for the protection of personal data in the event of a breach of the rules on the protection of personal data, in accordance with Article 77 of the Regulation.