General provisions and premises
These conditions are valid exclusively between the company TOURIST POINT
s.r.l, with registered office in Corso Vercelli 19 – 20121 Milan (MI), VAT
09167390963, hereinafter referred to as ”TP” and any person who makes
purchases online on the website www.berlinpublictransport.com or that
purchase TP’s products and services on affiliated websites that use TP
payment systems, hereinafter referred to as “CUSTOMER”. These conditions may
be subject to change and the date of publication of the same on the site is
equivalent to the date of entry into force.
These terms and conditions govern the purchases of the products and services
of the TP made on the www.berlinpublictransport.com website and on the
affiliated websites that use TP payment systems, in accordance with the
provisions of Part III, Title III, Chapter I of the Consumer Code ,
Legislative Decree. n. 206/2005, amended by Legislative Decree no. n.
21/2014 and by the Legislative Decree no. 70/2003 on electronic commerce.
In 2009, TP created the service called “MilanoCard” (hereinafter also
referred to as “MilanoCard” or “MilanoCard Service”) which consists in
offering and providing to its purchasers the possibility of benefiting from
discounts, facilitations and gratuities, the latter in contingent quantities
or limited in time, at the circuit of commercial activities and services
that have signed an agreement and/or collaboration with TP (the “affiliated
circuit”), showing proof of purchase of the MilanoCard Service. TP has
adopted and still adopts to a large extent, to convey the MilanoCard Service
described above, the instrument of discount cards or even said “cards”,
bearing the registered trademark MilanoCard, thus certifying that the
customer has made the purchase. The MilanoCard Service must not, however, be
identified in the “card”, since the “card” is only a simple material tool
used to convey the MilanoCard Service as described above; consequently, as
also specified below, the MilanoCard Service may be freely distributed by
TOURIST through any other vehicle other than the “card” and in its place,
therefore by way of example and not by means of numerical codes or vouchers
or e-mails or text messages or any other support and / or instrument
decided, deemed suitable, approved and certified by TOURIST and recognized
by the affiliated circuit.
The “affiliated circuit” is the set of subjects that propose and sell
services and / or products – present not only in Milan but also in some of
the main cities of Lombardy and in general Italian, including Rome, Venice
and Florence – and that have subscribed a convention and / or collaboration
agreement, in some cases exclusive, with TP, aimed, among other things, to
recognize a facilitation (by way of example but not limited to: discount,
gratuity, etc.) to the customers of the MilanoCard Service. The affiliated
circuit also includes services and / or products created and / or managed
directly by the TP or by companies connected to it. Duomo di Milano and
Veneranda Fabbrica del Duomo di Milano are not part of the
“affiliated circuit” and MilanoCard is therefore not an official reseller of
any of their product.
TP is not an official dealer of A.T.M. spa, travel documents of the Milan
public transport network are inlcuded for free in MilanoCard, TP don’t make
any trade with tickets for Milan public transport.
TP offers also tickets for museums, attraction, transport and more.
ARTICLE 1 – Object of the contract
With these general conditions of sale, TP sells and the CUSTOMER purchases
the services indicated and offered for sale on the website
www.berlinpublictransport.com or resold on affiliated websites that use TP
payment systems. The contract is concluded exclusively through the Internet,
through the access of the CUSTOMER on www.berlinpublictransport.com or on
affiliated websites that use TP payment systems and the realization of a
purchase order, products and services of TP, according to the procedure
provided by the website itself.
The CUSTOMER undertakes to examine, before proceeding to confirm his order,
these general conditions of sale, in particular the pre-contractual
information provided by TP and to accept them through the continuation of
the purchase process.
The CUSTOMER can also download and store a copy of these general conditions
of sale, as provided for by art. 51 paragraph 1 of Legislative Decree
206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of
Legislative Decree 206/2005
Before the conclusion of the purchase contract, the CUSTOMER takes note of
the characteristics of the services that are illustrated in the individual
product data sheets at the time of choice by the CUSTOMER.
Before the conclusion of the purchase contract and before the validation of
the order with “payment obligation”, the CUSTOMER is informed about:
– total price of services including taxes, with details of shipping costs
and any other costs;
– terms of payment;
– conditions, terms and procedures for exercising the right of withdrawal
(Article 6 of these conditions)
– after-sales assistance conditions and commercial guarantees envisaged by
the TP
– how to get/use the services purchased
The CUSTOMER can at any time and in any case before the conclusion of the
contract, take note of the information concerning the TP, the address,
e-mail address, information that is reported, including below:
TOURIST POINT srl
Piazza Cavour 3,
20121 Milan (MI)
touristpointsrl@pec.it
TP declares that it has provided its dealers using TP payment systems an
up-to-date copy of these terms and conditions, requesting their publication.
TP is therefore not responsible for the non-publication and / or
communication by the retailers and affiliates of these Terms and Conditions
on theirs websites. TP is also not liable for any litigation that may arise
between the CUSTOMER and its affiliates due to events that should happen in
relation to the use by the CUSTOMERS of the affiliate’s website and / or
retailer.
MilanoCard is a service that offers free access or reductions to a wide
range of services, customer is purchasing MilanoCard and not the whole
services included, some of this (like ticket for transport or some museums)
are to be redeem at arrival.
ARTICLE 3 – Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by ITP to the
CUSTOMER, through the support bank, of the payment receipt. The e-mail
contains the data of the CLIENT and the order number, the price of the
services purchased.
The CUSTOMER undertakes to verify the correctness of the personal data
contained therein and to promptly notify TP of any corrections.
TP undertakes to describe and present the services sold on the site in the
best possible way. Nevertheless, some errors, inaccuracies or small
differences between the site and the real service could be highlighted.
Furthermore, photographs of the events and services presented on
milanocard.it and its sub-domains do not constitute a contractual element,
as they are only representative. TP is not liable for information,
photographs and general contents published on the websites of affiliates and
resellers for the promotion and sale of TP services and products.
ARTICLE 4 – Availability of products
The availability of services is not directly linked to the availability of
the purchase and therefore to the fact that the sales channel is open. This
availability must however be considered purely indicative because, due to
the simultaneous presence on the site of multiple users, the services could
be sold to other CUSTOMERS before the conclusion of the payment.
Even after sending the order confirmation sent by the TP, there may be cases
of partial or total unavailability of the service. In this case, the order
will be rectified automatically with a refund or with the assignment of
another date / time.
Once the payment has been made, the customer will not be entitled to any
reimbursement, except for the discretion of the RU or defects in the
purchased service.
ARTICLE 5 – Methods of payment
Each payment by the CUSTOMER can be done only by means of the credit cards
indicated on the website www.berlinpublictransport.com and its sub-domains.
In case of payment by credit card, the actual charge of the order amount
will occur only when the order is complete.
The communications relating to the payment and the data communicated by the
CUSTOMER when this is done, take place on special protected lines. The
security of payment by Credit Card is guaranteed by PayPal through VBV
(Verified by VISA) and SCM (Security Code Mastercard) certification.
ARTICLE 6 – Prices
All sales prices of the services indicated on the website milanocard.it and
sub-domains are expressed in Euro and include all costs and taxes where
applicable.
The CUSTOMER accepts TP’s right to change its prices at any time, however
the services will be invoiced on the basis of the prices indicated on the
website at the time the order is created and indicated on the payment
receipt.
In the event of an IT, manual, technical, or any other type of error that
could result in a substantial change, not envisaged by the TP, of the retail
price, which makes it exorbitant or clearly derisory, the purchase order
will be considered invalid and canceled and the amount paid by the CUSTOMER
will be reimbursed within 14 days. from the day of cancellation.
ARTICLE 7 – Cancellation policy and no show
Once the payment of the products and services sold on the website has
been made, the cancellation or non-use of the service / product entails a
penalty equal to 100% of the amount spent.
ARTICLE 8 – Responsibility
TP assumes no responsibility for disservices due to force majeure or
unforeseeable circumstances, even if they are due to malfunctions and
disruptions of the Internet, if it fails to execute the order within the
time stipulated in the contract.
TP is exclusively responsible for the MilanoCard Service, is not responsible
for any failure to provide services by the affiliated circuit of which TP
acts only as collector and promoter through “MilanoCard” as well described
in the introduction. CUSTOMER is required to promptly notify the TP, merely
for information purposes, of any disservices received at the affiliated
services circuit; however, no responsibility can be attributed to TP
for failure to comply with the contract of agreement by the affiliated
services.
ARTICLE 9 – Access to the site
The CUSTOMER has the right to access the site for consultation and purchase.
No other use, in particular commercial, of the site or its contents is
permitted. The integrity of the elements of this site, whether sound or
visual, and the relative technology used remain the property of TP and
are protected by the right of intellectual property.
ARTICLE 10 – Cookies
The website uses “cookies”. Cookies are electronic files that record
information relating to the navigation of the CUSTOMER on the site (pages
consulted, date and time of the consultation, etc. ..) and that
allow TP to offer a personalized service to its customers.
TP informs the CUSTOMER of the possibility to disable the creation of such
files by accessing its Internet configuration menu. It is understood that
this will prevent the Customer from purchasing online.
ARTICLE 11 – Integrality
These General Conditions of Sale are constituted by the totality of the
clauses that compose them. If one or more provisions of these General Terms
and Conditions of Sale is considered invalid or declared as such under the
law, regulation or following a decision by a court having jurisdiction, the
other provisions will continue to have full force and effect.
ARTICLE 12 – Applicable law and competent court
These General Conditions of Sale are subject to Italian law.
Any controversy that does not find a friendly solution will be submitted to
the exclusive jurisdiction of the Court of Milan except for disputes arising
with consumers who benefit from the provisions of Legislative Decree
206/2005, article 33 letter U.
In any case, it is possible to optionally resort to the procedures of
mediation pursuant to Legislative Decree 28/2010, for the resolution of any
disputes arising in the interpretation and execution of these conditions of
sale by accessing the following site: https: // webgate.ec.europa.eu/odr.
ARTICLE 13 – Privacy and Legal Disclaimer
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General sales conditions updated on 24th August 2023.
