General Conditions of Sale for admission tickets to the Gardens of Villa della Pergola

In Brief

By placing an order on www.giardinidivilladellapergola.com, users declare that they are over 18 years old. The receipt of the order concludes the contract. The Gardens of Villa della Pergola commit to providing the user with the leisure service that can be enjoyed under the terms and conditions provided, on the predetermined day and time slot, upon the conclusion of the contract, which is determined by the receipt of the order. It is highlighted that the service purchased on www.giardinidivilladellapergola.com is excluded from the right of withdrawal, in accordance with Article 7 paragraph 1 letter b) of Legislative Decree 185/1999 and Article 59 paragraph 1 letter n) of the Consumer Code. For matters not expressly regulated in these Terms and Conditions of Purchase, reference is made to the provisions of Legislative Decree 22 May 1999, no. 185, as well as to the Consumer Code, and to the applicable regulations of the Civil Code. Information regarding the transaction (card number, expiration date, security code) will be sent to the processing entity via encrypted protocol, so that third parties cannot in any way have access to it. This information will never be displayed or stored by Stone s.r.l.

1. Website ownership and seller information

Stone S.r.l. (Gardens of Villa della Pergola) (Tax ID and VAT number 04368400968), owns the domain www.giardinidivilladellapergola.com (the Site) and its content.

The email address is: info@giardinidivilladellapergola.com

Customer Service can be contacted at the following details: 0182646130 or info@giardinidivilladellapergola.com

The products and services offered on the Site are proposed for sale by Stone s.r.l., which is responsible for the sale of all products and services under these General Conditions of Purchase (GCP).

2. Subject

These GCP govern the distance selling, through the Site, of admission tickets (Tickets) to the users of the services of the Gardens of Villa della Pergola (Users) to access the gardens (the Gardens of Villa della Pergola).

3. General information to the User on the GCP

These GCP are accessible at any time on the Site in the Terms and Conditions of Sale section and can be printed and/or stored by the User. Consulting the information contained on the Site is free of charge.

These GCP apply to purchase contracts made by Users of the products and services offered on the Site for sale by the Gardens of Villa della Pergola.

These GCP are drafted pursuant to Legislative Decree 9 April 2003, no. 70 (E-commerce Law) and Legislative Decree 6 September 2005, no. 206 (Consumer Code).

These GCP may be modified at any time. Any changes will be effective from their publication on the Site in the Terms and Conditions of Sale section. Therefore, the applicable GCP are those in force on the date of transmission of the purchase order for a Ticket. Users are therefore invited to consult, before making any purchase, the version of the GCP in force at the time of the purchase order.

4. Pre-purchase information

The User can consult the different types of tickets offered by the Gardens of Villa della Pergola available for online purchase in the Site's Terms and Conditions of Sale section. The Tickets and services are issued exclusively for the date and/or period specified in the purchase process.

The prices of the Tickets and services offered by the Gardens of Villa della Pergola are indicated in euros, and the value of any promotions and applicable discounts is specified at all times on the Site.

By purchasing a Ticket or one of the services offered on the Site, the User confirms having carefully read the GCP. To this end, the User declares that the GCP are adequate to provide valid and informed consent to any purchase.

The rights and obligations of the User during and after the purchase are subject to these GCP as well as to the regulations provided in the regulations of the Gardens of Villa della Pergola.

Individuals are allowed to purchase only if they are of legal age, therefore with the completion of 18 (eighteen) years. The User, by proceeding with the purchase, declares to have the necessary capacity to be subject to these GCP and to be able to make purchases on the Site.

The User declares to know, understand, and fully accept these GCP. The purchase of Tickets or other services, whether for personal use or for use by third parties, is made under the responsibility of the User

5. Information directed to the conclusion of the sales contract

To purchase a Ticket or a service available on the Site, the User must follow the instructions provided at each stage of the purchase process in the Ticket Office section at the following link: www.giardinidivilladellapergola.com of the Site and provide all the information requested.

Before making the purchase, the User must expressly check the corresponding box as a sign of full understanding and acceptance of these GCP.

The correct completion of the purchase will be confirmed via email to the email address indicated by the User during the purchase procedure.

Once the online purchase is completed, no changes or refunds are allowed (see art. 10 below).

The languages available to users for the conclusion of the sales contract are Italian and English. Customer Service is able to communicate with users in the same languages.

6. Price and payment methods

The price of the Ticket or the chosen service is that indicated on the Site. The price is also stated in the Ticket confirmation email.

The price of the Ticket includes any VAT.

Tickets purchased are issued in digital format and are available to the User in this format.

Regarding payment methods and their security measures, the Gardens of Villa della Pergola guarantee that appropriate measures have been adopted and that these measures comply with current technological security standards.

All sensitive data is sent via a secure connection and is protected thanks to the SSL certificate installed on the Gardens of Villa della Pergola Site.

The Gardens of Villa della Pergola Site uses Stripe as a transaction system.

Stripe is an external platform for online payments that allows the Gardens of Villa della Pergola site to accept payments with debit cards, prepaid cards, or credit cards. It is secure and fast.

Stripe adheres to the PCI standard for which it has been certified level 1, currently the most rigorous in the field of payments. This standard is also guaranteed to the company that uses the service thanks to the native library STRIPE.JS. Through this functionality, it will not be the site of www.giardinidivilladellapergola.com to manage the sensitive data of the cards which will instead be transferred to the secure Stripe server without intermediate steps.

To guarantee the security of payments made on the Site and prevent any fraud, the Gardens of Villa della Pergola may ask the User, via email, to send by the same means and within a term to be considered essential in the interest of the Gardens of Villa della Pergola pursuant to and for the purposes of art. 1457 of the civil code, a copy of a valid ID document front/back. In the absence of transmission of the requested document within the indicated term by the Gardens of Villa della Pergola, the sales contract will be considered automatically resolved pursuant to the mentioned article of the civil code.

7. Methods of withdrawal and delivery of tickets

The ticket codes are delivered to the email inbox entered at the time of order.

8. Discrepancy of the admission tickets received compared to those purchased

Without prejudice to the provisions of the preceding articles, in all cases of discrepancy of the Tickets compared to those purchased, the User may contact the Gardens of Villa della Pergola at the contacts provided in art. 1 of these GCP. The request will be taken over and examined as soon as possible. If the User had purchased a reduced-rate ticket without having the right, they will have to pay the difference on-site on the day of the visit.

9. Admission to the Gardens of Villa della Pergola

The Ticket must be presented, in paper or digital form, at the Ticket Office. Tickets are valid only for the specific date selected at the time of the Ticket purchase and indicated on the Tickets themselves.

The Ticket does not include services to or other products or services not expressly identified at the time of purchase.

10. Absence of the right of withdrawal

No changes, modifications, or refunds are allowed for Tickets purchased for a specific date or period of use within a certain date in accordance with art. 59 lett. n) of the Consumer Code.

11. Assistance and complaints

It is possible to request information, send communications, or forward complaints by contacting the customer service of the Gardens of Villa della Pergola at the contacts indicated in art. 2 of these GCP. The request will be taken over and examined as soon as possible.

12. Prohibitions

Tickets are issued with a unique code. The resale or transfer to third parties of Tickets purchased by the User is prohibited. Tickets are not transferable.

13. Changes and refunds

It is highlighted that the service purchased on the site www.giardinidivilladellapergola.com is excluded from the right of withdrawal, in accordance with Article 7 paragraph 1 letter b) of Legislative Decree 185/1999 and Article 59 paragraph 1 letter n) of the Consumer Code. Tickets are therefore in no way changeable in time or date. Tickets are not refundable or modifiable. No refund requests are allowed for second thoughts, misunderstandings, or inconveniences of the visitors;

Furthermore, any refund requests are considered only in the case of closure of the Gardens of Villa della Pergola for reasons of force majeure attributable to the Gardens of Villa della Pergola, for closures imposed by regulations, or for technical reasons;

14. Visit Mode

The visit takes place exclusively in "guided tour" mode. The duration is about 80 minutes. The management and the head Guide may at any time vary the route and/or its duration for technical needs.

15. Blooming and Climate Change

The blooming periods are indicative. The timing of the blooms varies based on different factors that we cannot control. Among these, climate change, which leads to sudden temperature changes and periods of drought alternated with periods concentrated with too much water and/or violent weather phenomena (e.g., hail, water bomb). Unfortunately, these phenomena, increasingly frequent, have direct consequences on the life cycle of plants, and the so-called full bloom is no longer predictable. The periods that the User finds indicated, for these reasons, are indicative.

16. Food

It is not allowed to bring food inside the Gardens of Villa della Pergola; it is forbidden to use the areas as a picnic area including the road that leads to the Gardens of Villa della Pergola (Private Road Montagu).

17. Animals

It is forbidden to introduce any type of animal inside the Gardens of Villa della Pergola. This is because inside the Gardens of Villa della Pergola are present wild animals typical of the Ligurian fauna that must be protected and preserved. In addition, there are plants poisonous to pets.

18. Rain

Visits are guaranteed even in case of rain, any suspensions due to particularly adverse weather conditions will be evaluated directly on-site on the day of the visit.

19. Parking

The Gardens do not have parking for visitors.

Therefore, the purchase of the ticket does not allow parking any vehicle inside the Gardens of Villa della Pergola or on the road that leads to the Gardens.

20. Delay

Access to the Gardens of Villa della Pergola is allowed from 10 minutes before the visit. The visit starts at the exact time indicated (example: 9:30, 11:30, 15:00, 17:00). Access is not allowed to those who arrive more than 10 minutes after the start of the visit (example 9:40, 11:40, 15:10, 17:10). No refunds and/or time changes are allowed (see art 13)

21. User Behavior during the visit

Guided tours inside the Gardens of Villa della Pergola are organized with the aim of providing an educational, fun, and safe experience for all participants. It is recommended to carefully read the terms and conditions before booking to fully understand the expectations and responsibilities of the Users during the guided tour. It is important to respect the rules and regulations established by the guided tour organization to ensure the safety and respect of other participants and the surrounding environment. By following these guidelines, Users can ensure that the tour in the Gardens of Villa della Pergola is safe, environmentally respectful, and enjoyable for everyone. The Gardens of Villa della Pergola team may require any visitor (and, in the case the visitor is a minor, the responsible adult) whose behavior is somehow disruptive or dangerous to immediately leave the property without any refund of the entrance fee paid.

• Before starting the tour, it is important to familiarize yourself with the rules of the Gardens of Villa della Pergola and ensure they are respected during the tour.
• Users must respect the rules and follow the instructions of the guides and staff of the Gardens of Villa della Pergola
• Users must maintain appropriate and respectful behavior towards other participants, guides, and staff of the Gardens of Villa della Pergola (avoid noisy, disorderly, or aggressive behaviors, do not smoke during the tour)
• Users must maintain respectful behavior towards the surrounding environment.
• Users must not stray from the designated path and trails and must carefully follow the instructions of the guides and staff of the Gardens of Villa della Pergola
• Users must not stray from the group
• Users must avoid behaviors that may interfere with the enjoyment of the guided tour by other participants
• Users must respect the private property visited during the guided tour.
• Users must not touch the flora and objects present.
• Users must not disturb the fauna during the tour
• Users must not pick flowers, fruits, leaves
• Users must not leave waste in the Gardens of Villa della Pergola. It is important not to leave waste during the tour. Participants should be responsible and dispose of their waste in the appropriate containers.
• During a guided tour, the behavior of minors accompanied by their parents is of utmost importance. Before the visit, Users must ensure that minors are adequately prepared for the experience. This may include providing them with adequate food to avoid hypoglycemia and ensuring they have clothing and shoes suitable for the climate and activities of the guided tour.
• Adult Users must always supervise minors: Parents (or guardians of minors) must always accompany minors during the tour without allowing them to stray.
• Users must ensure that minors follow the guide's instructions and respect them: this will help ensure that the tour is safe and that everyone can enjoy the experience.
• Users must not allow minors to disturb other participants: Users must ensure that minors respect other tour participants. This may include avoiding noisy or disruptive behaviors
• Users must not allow minors to touch plants, objects, and animals during the tour. This could be dangerous or harmful to the surrounding environment, but also for minors themselves given the presence of plants with thorns and poisonous plants.
• Users must never leave minors unsupervised.
• Marriage proposals or similar events cannot be made during the visit. For such occasions, a specific event must be organized. In case of violation of this rule, an immediate payment of €1500 will be required.

22. Clothing

Users must dress appropriately: It is important to dress appropriately for the guided tour based on weather conditions and tour activities. It is recommended to use hiking or walking shoes, hats, sunglasses, and layered clothing to protect oneself.

The Gardens of Villa della Pergola reserve the right to deny entry to anyone dressed in costume and/or masked or perceived as a disruptive element to the enjoyment or safety of other Users.

Any staff member can refuse entry or expel from the Gardens of Villa della Pergola at any time and without refund any ticket holder who is not wearing appropriate clothing. This includes the use of commercial, political, controversial, obscene, or offensive signs or logos.

23. Photographs and Videos

It is strictly prohibited to take professional photographs and shoot videos for commercial and/or promotional purposes inside the Gardens.

Photo and video shooting for exclusively personal use is allowed provided it is done without the aid of tripods, additional lights, or other elements that may hinder the conduct of the guided tour.

For all other different uses (e.g., for commercial and/or promotional purposes or for publications), even on social networks if for commercial purposes, prior authorization must be compulsorily requested from the Press Office of the Gardens of Villa della Pergola (press@villadellapergola.com).

It is also prohibited to upload the photos taken on sales or paid sharing sites (e.g., shutterstock). In any case, publication with watermarks or similar indications is not allowed, and it is not possible to claim any type of copyright and/or rights on the images taken and/or recorded at the Gardens of Villa della Pergola, which remain the exclusive property of Stone S.r.l. that may request their removal at any time according to company policies. Purchase of the ticket implies automatic and implicit acceptance of company policies. It is also prohibited to take photographs for scouting locations without authorization. It is prohibited to take photographs for promotional purposes.

24. Photographic services for events and celebrations

For photographic services for events and celebrations, a specific request for rental of the entire location exclusively must be made to info@giardinidivilladellapergola.com. It is not possible to carry out these types of photography during the guided tour (e.g., wedding photo service).

25. Infractions to behavior rules

In case of infractions to the rules, the tour staff of the Gardens of Villa della Pergola may ask participants to respect the rules or to leave the tour and immediately exit the Gardens of Villa della Pergola without refund. In severe cases, the tour staff may also request the intervention of law enforcement, and management will evaluate whether to take legal action against Users depending on the severity of the infraction and the damage caused.

26. Liability

Users agree to be responsible towards the Gardens of Villa della Pergola for any damages caused, directly or indirectly, to any area of the Gardens of Villa della Pergola and their content (plants, any object, statues, furnishings, animals, etc.), or for any injuries caused by Users to any member of our staff or representative of the Gardens of Villa della Pergola or other visitors during the visit.

By way of example but not limited to, Users also agree that:

• if they are the responsible adult, they will also be responsible for all minors they accompany
• if you are the organizer of a group, you will be jointly and severely responsible (with the visitors of the interested group) for any damages caused by visitors of the group.

Furthermore, we exclude our liability for any losses, damages, costs, or expenses incurred by Users or related to any object owned by Users as a result of the visit; our liability towards Users will be limited to the price of the User's entrance. In no case will we be liable to you or third parties for any loss of objects, damage to your objects, or indirect or consequential expenses of objects left in lockers.

27. Applicable law and competent jurisdiction

These GCP are governed by Italian law.

For any dispute relating to the application, execution, and interpretation of these GCP or the sales contract, the court of the place where the User resides or has elected domicile is competent.

In any case, the User has the right to resort to the ordinary competent judge for disputes arising from these GCP as well as the possibility, where applicable, to initiate an out-of-court resolution of disputes relating to relations with consumers through the procedures referred to in Articles 141 et seq. of the Consumer Code.

28. Privacy

The Gardens of Villa della Pergola will process the User's data in compliance with the legislation in force on the processing of personal data. For more information, please consult the Privacy section

The Stone Srl, in its capacity as Data Controller (hereinafter also referred to as the "Controller"), pursuant to and for the purposes of EU Regulation no. 2016/679 (hereinafter, "GDPR"), provides you with some information regarding the processing of personal data collected during the ticket purchase activities for access to the Gardens of Villa della Pergola (hereinafter also simply referred to as the Gardens).

Processed Personal Data and Data Source
In the context of ticket purchase activities, the Controller processes personal identification and contact data (e.g., name, surname, email address, residential address, and mobile number) related to the person making the reservation.

All this data is provided directly by the person making the reservation.

Purposes, Legal Basis of Processing, and Nature of Provision
Your data will be processed for the following purposes:

• Booking Management - The legal basis for the processing is the execution of contractual obligations pursuant to Art. 6, para. 1, lett. b) of the GDPR. Providing personal data is mandatory for the completion of the booking; failure to provide the data makes it impossible to execute the table booking.
• Defense of the Controller's Rights in Judicial and Extrajudicial Proceedings - The legal basis for data processing is the pursuit of the legitimate interest pursuant to Art. 6, para. 1, lett. f) of the GDPR, consisting of the protection of the Hotel's interests and rights. Providing personal data is mandatory for the completion of the booking; failure to provide the data makes it impossible to execute the table booking.

Data Recipients
The data will be processed exclusively by the personnel of Stone Srl specifically appointed for this purpose.

Data Retention Period
The data subject to processing is retained only for the time strictly necessary to carry out the aforementioned activities/purposes.

Data Transfer
Your data will not be transferred outside the EU.

Data Subject's Rights
Data subjects have the right to obtain from the Data Controller, where applicable, access to personal data and the rectification or erasure of the same or the restriction of processing concerning them or to object to processing (Articles 15 et seq. of the Regulation).

The data subject can exercise their rights by writing to the Data Controller at the following address: Stone Srl, located at Via Paleocapa 6 – MILAN, or by sending an ordinary email to info@giardinidivilladellapergola.com.

The data subject also has the right to lodge a complaint with the competent Supervisory Authority (for Italy, the Garante per la protezione dei dati personali, https://www.garanteprivacy.it).