General provisions regulating participation in WDW 2014 (18-20 July 2014)

Transcription

1 General provisions regulating participation in WDW 2014 (18-20 July 2014) PLEASE READ CAREFULLY THE FOLLOWING GENERAL PROVISIONS ( GP ) WHICH REGULATE THE TERMS AND CONDITIONS OF YOUR PARTICIPATION IN WORLD DUCATI WEEK 2014 ( EVENT ). BY ACCEPTING THESE GPs YOU ACKNOWLEDGE AND EXPRESSLY AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE AND DO NOT INTEND TO ACCEPT SAID TERMS AND CONDITIONS, CLICK ON DO NOT ACCEPT. IN THIS CASE YOU WILL NOT BE ABLE TO ACCESS THE PURCHASE FORM FOR THE EVENT. PART 1 : Regulation for the purchase of goods and services The following indications regulate dealings between Best Union Company S.p.A., which is based in Via Antonio Canova, 16/ Bologna, VAT no Economic and Administrative Register no. BO , supplier of the service for pre-accreditation and sale of tickets (hereafter termed the Service) and the users of this Service (hereafter termed Users). Users of the Service are required to comply with all the general conditions contained in this regulation. This regulation must therefore be read carefully and approved in all its parts by the User before completing the registration. Art. 1 SCOPE OF THE SERVICE The scope of the Service is the online sale of tickets on behalf of Ducati Motor Holding S.p.A., a sole shareholder company, subject to Management and Coordination by Audi AG, organiser of the Event ( Organiser ). The Event and the related programme may undergo changes which are beyond the control of Best Union Company S.p.A. Art. 2 SERVICE FEE Payment for the Service is accepted by credit card: VISA MASTERCARD AMERICAN EXPRESS POSTEPAY for online purchases or by bank transfer through an order made via the Event call centre (collectively Credit Card ) Payment is made through the virtual teller with a secure system using 128-bit irreversible encryption. Using this procedure the transaction takes place only between banks and Best Union Company S.p.A. has no access to the Credit Card details. The User is also responsible for the expenses on the online banking transaction up to a maximum of 2.5% of the total cost of the Service requested, as well as the expenses for the delivery of tickets to the User s domicile. Art. 3 OBLIGATIONS OF THE USER AND OF THE CREDIT CARD HOLDER The User undertakes to view, read carefully and accept the contractual clauses as set out in this regulation, as a necessary condition for the purchase, since the clauses have been prepared in conformity with the Consumer Code Legislative Decree no. 206 of 6 September 2005 and subsequent changes. The purchase order must be forwarded by the Credit Card Holder ( Credit Card Holder ). The authorisation given by the Credit Card Holder, with an annexed copy of the aforementioned identity document, represents explicit consent to use the Credit Card, excluding any subsequent denial of the transaction by the Holder; if authorisation is not granted by the Credit Card Holder, Best Union Company S.p.A. is legitimately entitled to refuse to deliver the tickets, and will only be required to reimburse any amounts that may have been credited. It should be noted that improper use of Credit Cards is a criminal offence under art. 12 of Leg. Decree no. 143 of 3 May 1991, converted into law with amendments in Law no. 197 of 5 July 1991, as subsequently amended, if transactions are carried out online subject to providing the personal and operational data of someone else s Credit Card, which have been fraudulently acquired by the agent.

2 Art. 4 EFFECTIVENESS OF THE AGREEMENT AND DOCUMENTATION TO BE KEPT Best Union Company S.p.A. undertakes to confirm, without delay and by , that it has received the User's order, summarising the general and special conditions applicable to the contract, the essential information concerning the Service, a detailed description of the price, the payment method, the terms, procedures, and any conditions to exercise the right to withdrawal, the subject in whose regard the right of withdrawal must be exercised and his/her address or, if the subject is a company or other legal entity, the name and legal office of the company, the delivery costs, the accessory expenses and applicable taxes. The order and the order confirmation are considered to have been received when the respective parties to whom they are addressed can access them. Therefore, the User must take care to keep: a) the Purchase Order executed by SETEFI, Setefi S.p.A., a company in the Intesa San Paolo Group which regulates and guarantees the personalisation and authorisation of payments as well as the accounting regulation for transactions with online sale circuits ( Setefi ), which can be printed after the transaction has been completed, and which will be considered an "Authorisation to Collect''; b) the from SETEFI: which will be automatically sent to the address provided by the User in the "Registration Form" and which will include the purchase details; c) the from Best Union Company S.p.A. sent automatically, with a summary of the purchase. Art. 5 DOCUMENTATION TO BE PRESENTED IF THE TICKETS ARE DELIVERED TO THE REGISTRATION CENTRE/TICKET-OFFICE a) Purchase receipt: form which can be viewed and printed at any time at the link "Your Receipts"; this form reports the User's personal information and details of the purchase. The purchase receipt which Best Union Company S.p.A. makes available at the aforementioned link is the equivalent of a legal purchase receipt, and will therefore have to be printed and then handed over by the User on collecting the tickets, signed and dated. b) in addition, copy of valid identity document of the subject delegated to collect the tickets, if different from the User and Holder of the Credit Card used for the transaction. It is understood that, by handing over the tickets against the aforementioned documentation, Best Union Company S.p.A. has fully and precisely fulfilled its obligations, which means that the Holder of the Credit Card used for the online transaction cannot request that the bank reimburse the amounts paid to this end, otherwise Best Union Company S.p.A. will be entitled to damages, except in the circumstances explicitly contemplated by art.. 56 paragraph 2 of the Consumer Code (such as payment in excess of the order price and fraudulent use of the Credit Card). Art. 6 PROCEDURE FOR RECEIVING TICKETS The following means of delivery for the tickets are envisaged: for tickets purchased up to 29 June 2014 home delivery, if requested: in this case, the carrier will deliver a sealed envelope to the address provided by the User at the time of purchase on the Registration Form. Delivery expenses to be met by the User. Deliveries will start as from 15 May for tickets purchased up to 13 July 2014 and from 17 July 2014 to 20 July 2014, collection from the registration centre/ticket-office. In this case the User can collect the tickets only on the days of the Event (starting from around 1 hour before the start of the event) by presenting the documents as set out in art.3. Art. 7 RIGHTS AND OBLIGATIONS OF BEST UNION COMPANY S.p.A. Best Union Company S.p.A. undertakes to promptly provide any information concerning substantial changes made to the Event by the organiser and, if the Event is cancelled and/or postponed, it undertakes to diligently

3 follow all the indications provided by the Organiser, also including reimbursement of the tickets (net of any envisaged fees and delivery expenses). Best Union Company S.p.A. is in no way responsible for the organisation of the single events and, therefore, in no case will respond for shows that are cancelled, for mere changes to their date and/or time, for changes to the price of the tickets, and for any disturbance or inconvenience at any rate suffered by the User, if these are connected to the organisation of the Event. Best Union Company S.p.A. can suspend its Service or part of it due to new technical requirements, or to make any changes meant to improve the Service itself. Best Union Company S.p.A. is in no way responsible for the Credit Card numbers and details provided to Setefi at the time of the purchase on the website. Best Union Company S.p.A. is responsible for the tickets until these are actually delivered, including delivery to the carrier for transport or to the registration centre/ticket office staff, with any loss and/or misplacement and/or delay in the delivery of the tickets caused by third parties being mere chance as regards Best Union Company S.p.A. Moreover, it will not be responsible for failure to collect the envelope at the registration centre/ ticket-office or failure by the User to use the tickets (even though the tickets have been delivered and/or collected); in these circumstances, any right to reimbursement of the tickets by Best Union Company S.p.A. or the Organiser is excluded. Art. 8 RIGHT OF WITHDRAWAL The purchase of tickets according to the methods described above represents a distance contract regulated by the Consumer Code - Legislative Decree no. 206 of 6 September 2005 and subsequent changes and, as such, the User is acknowledged the right to withdraw without incurring any penalty and/or providing reasons, provided that the right is exercised within the deadline of 10 days from the start date of the event and concomitant receipt of the information notice on the terms and conditions for use of the right of withdrawal, as specified above. MEANS OF EXERCISING WITHDRAWAL: withdrawal from the contract is exercised by means of a written communication (Download the reimbursement application form) to be sent by registered mail with return receipt addressed to Best Union Company S.p.A. - WDW 2014 Ticket Office, Via A. Canova no. 16/20, Bologna, Italy. In the event of withdrawal, were the User already to be in possession of the tickets, he/she must promptly return them to Best Union Company S.p.A. - WDW 2014 Ticket Office, Via A. Canova no. 16/20, Bologna, Italy - so that they arrive at the aforementioned premises in Bologna, no later than 10 days from the start-date of the Event; if not (delayed or failed return), Best Union Company S.p.A. will not be required to make any reimbursement. The User will therefore be entitled to receive reimbursement of the amounts paid for the purchase, minus only the direct expenses incurred to return the tickets to Best Union Company S.p.A., on the condition that he/she has exercised the right to withdrawal in compliance with the aforesaid terms and forms and, therefore, before the Event to which he/she had shown interest in participating is scheduled to start. Any withdrawal and/or request for reimbursement after said Event will be disregarded. Art. 9 LIMITATIONS ON LIABILITY Best Union Company S.p.A. takes no responsibility for direct or indirect damage in any form connected to its Service. Best Union Company S.p.A. undertakes to promptly provide all information in its possession to the competent Authorities in order to allow identification and prevention of any offences committed online. Best Union Company S.p.A. also undertakes to promote and sell tickets for events which do not offend common

4 morality and to extend access to such high interest events as far as possible. Art. 10 ARBITRATION CLAUSE Any disputes which may arise concerning the interpretation and implementation of the agreement shall be referred to a Mediator, appointed by the Chamber of Commerce of Bologna, who will judge using electronic systems via the online dispute settlement process, in accordance with Legislative Decree. 70/2003. There is no prejudice to any mandatory rights envisaged by the law in favour of Consumers and End Users. Art. 11 APPLICABLE LAW Italian and EU laws are applicable to all aspects not specifically referred to in this document. Part 2: GENERAL PROVISIONS FOR THE EVENT Art. 1 Draft and final plans: the term draft plan refers to the preliminary information available on the proposed facilities, locations and tracks to be used. The Organiser undertakes to maintain the facilities and services indicated in the final plans; however, should one or more services be unavailable, for reasons beyond its control or force majeure, it reserves the right to replace them with facilities and services of equivalent quality. Art. 2 Participation fees Participation is subordinate to purchasing a valid ticket for one or for all three days of the Event. There are two types of ticket: biker : allows access to the event to the participant with their bike visitor/passenger: allows access to the event to the participant as a passenger or on foot. The ticket prices for the event are 3 DAY PASS ( 18/19/20 July 2014) BIKER VISITOR (PASSENGER) Full price Reduced price for DOC members * *Reduced price for DOC members: price available only to Desmo Owners Club members. For information consult the official club nearest to you DAY PASS BIKER VISITOR (PASSENGER) Friday 18 July Saturday 19 July Sunday 20 July

5 All prices include VAT. It will be possible to buy tickets online at as from 25 March to 13 July. Tickets can be sent directly to home addresses by choosing this delivery method only for orders made by 29 June. For orders made after 29 June it is only possible to collect the tickets on site at the registration centre/ticket-office. As from 17 July and until the Event, it will be possible to purchase tickets only at the Registration Centre/Ticket-office. Minors aged under 18 must be accompanied. Entry is free of charge for: children under the age of 12 disabled people (with a 75% degree of disability or higher) and their helper all participants from outside Europe (America, Africa, Middle East and Asia Pacific) 3-day tickets include: Access to all the public areas where the Event is held Welcome kit containing a T-shirt, gadgets and informative material The possibility to take part for free in all the organised activities, such as for example : - practice sessions on the track (until all places are booked) only for owners of Ducati bikes Sessions may be booked before the event starting from a date to be established and using the specific form. - Test rides of Ducati models (to be booked on site, subject to availability) - Participation in various contests organised for the Event - Participation in all Ducati University seminars - Access to autograph sessions with Ducati riders Access to special hotel prices and offers for participants Possibility to take part in the WDW2014 tours. Click here for information about the tours and related prices. Possibility to visit the Ducati factory at the flat cost of 5.00 euro if purchased online and 8 euro on site. All proceeds from this activity will go to the Fondazione Ducati. 1-day tickets include: Everything outlined in the daily schedule except: Free practice sessions on the track Participation in the WDW2014 tours Art. 3 Means of delivery The following means of delivery for tickets are envisaged: for tickets purchased up to 29 June 2014, home delivery if requested: in this case, the carrier will deliver a sealed envelope to the address provided by the User at the time of purchase on the Registration Form. Delivery expenses to be met by the User. Deliveries will start as from 15 May for tickets purchased up to 13 July 2014 and from 17 July 2014 to 20 July 2014, collection from the registration centre/ticket-office. In this case the User can collect the tickets only on the days of the Event (starting from around 1 hour before the start of the Event) by presenting the documents as set out in art.3.

6 Delivery expenses to be met by the User. Art. 4 Visits to Ducati Museum and Factory Booking method and times During the event it will not be necessary to book for guided tours. Guided tours of the factory will be in continuous rotation from 9.30 a.m. to 4.00 p.m. The museum can be visited at any time from 9.15 a.m. to 5.30 p.m. On Saturday 19 July the factory will be open for visits only in the morning from 9.15 a.m. to 1.30 p.m. The last visit to the factory will start at midday, while the museum will close at 1.30 p.m. Museum opening/closing hours Wednesday 16 July Thursday 17 July Friday 18 July Saturday 19 July Sunday 20 July Monday 21 July 9.15 a.m p.m. Times for start of guided tours of the museum and factory Wednesday 16 July Thursday 17 July Friday 18 July Saturday 19 July start first tour 9.30 start last tour Sunday 20 July Monday 21 July Payment methods The guided tour of the factory during the Event costs only 5 euro for anyone buying a 3-day ticket or 1-day ticket via the website The visit may be purchased online at the same time as purchasing the Event ticket. It is possible for one person to buy a maximum of 10 tickets for the guided tour. All 10 people must arrive for the guided tour on the same day and at the same time. If buying the ticket for the guided tour of the museum or factory online, it is necessary to show the purchase receipt at the cash desk at Ducati. If the ticket for the guided tour of the factory is bought on site the cost will be 8 euro. Entry to the museum is free. All proceeds from this activity will go to the Fondazione Ducati.

7 Art. 5 - WDW2014 TOURS All the tours can be bought in advance online at at the same time as or subsequent to purchasing a ticket. It is also possible to book tours during the Event until all places are taken. The following types of tours are available: TERRA DEI MOTORI TOUR: only Thursday 17/07 from 10 a.m. to around 6 p.m. The tour is restricted to a maximum of 60 people. The cost is euro and includes a light lunch and entrance tickets where required. Participants will have a road book with map, directions and useful telephone numbers. Tour leaves from Ducati Motor Holding S.p.A., Via Cavalieri Ducati 3, Bologna at 10 a.m. WELCOME TO THE WDW! TOUR: Friday 18/07 from a.m. to 2 p.m. The tour is restricted to a maximum of 50 people. The cost is euro and includes light refreshments. Participants will have a road book with map, directions and useful telephone numbers. Departure from registration centre/ticket-office at a.m. HAPPY HOUR SAN MARINO TOUR: Friday 18/07 from 2 p.m. to 6 p.m. The tour is restricted to a maximum of 50 people. The cost is euro. Participants will have a road book with map, directions and useful telephone numbers. Departure from registration centre/ticket-office at 2 p.m. IRON BIKERS TOUR: Saturday 19/07 from 9 a.m. to 6 p.m.; only for Multistrada, Hypermotard and Hyperstrada The tour is restricted to a maximum of 30 people. The cost is euro and includes lunch at a typical restaurant. Participants will have a road book with map, directions and useful telephone numbers, as well as the dedicated navigational road book. Departure from registration centre/ticket-office at 9 a.m. VIAMAGGIO TOUR: Saturday 19/07 and Sunday 20/07 from 9 a.m. to 1.30 p.m. The tour is restricted to a maximum of 50 people. The cost is euro. Participants will have a road book with map, directions and useful telephone numbers. Departure from registration centre/ticket-office at 9 a.m. Art. 6 Loss of ticket Together with the ticket each participant will receive a bracelet for themselves and for their bike with which to enter the Event. The ticket cannot be replaced. In the case of it being lost, it is therefore necessary to buy another. In the case of loss or breakage of the bracelet, the participant must ask the Registration centre/ticketoffice for its substitution. Art. 7 Welcome-Kit The Welcome-Kit can be collected during the days and opening hours of the Event at the Welcome-Kit desk inside the Racetrack. Participants who hold tickets purchased online will receive, together with the tickets, a voucher to collect the Welcome Kit.

8 Participants who hold tickets purchased online will receive a form to be completed and handed over to the Welcome-Kit desk. Art. 8 General regulation for Motorcycle Practice Sessions Practice sessions are reserved to owners of Ducati bikes who have purchased a valid 3-day ticket either online or during the days of the Event. Those entitled may book a single practice session on the track, choosing the date and time until all spaces are booked and subject to verification that they possess all the essential requirements to access the track itself. Art. 9 Release from liability For the purposes of participating in WDW2014, the participant also states: - that the motor vehicle with which they intend to participate is regularly registered, duly maintained, in perfect condition and complies with all acoustic and environmental pollution regulations; - that they acknowledge all the risks that their participation entails for themselves, for others and for their and third party property, and shall be fully liable for any damage they cause, undertaking to indemnify and hold the organisers harmless; - to hereby waive all rights to make any claims against the Organisers for any damage arising from theft or damage to their property. The Organiser reserves the right to immediately remove any participant from the Racetrack, and all other locations involved in the event, without refunding their ticket, if their conduct does not conform with public order laws and the provisions of this Regulation or, more generally, hinders the smooth running of the event. Art. 10 Authorisation for use of images The entire WDW2014 event will be documented in photographs and film which can then be freely used by the Organiser and companies contractually linked to it. To this end, by taking part in this event, the participant expressly grants the Organiser the right to use their image without limitation to location, time and manner, whether alone and/or in combination with other images and/or reference to their personal data. The participant hereby expressly waives all rights to make any claim, including those of an economic nature, against the Organiser and its contractually related companies and their employees, agents and representatives. Art. 11 Cancellation of the Event due to strikes natural disasters adverse weather civil or military disorder - riots acts of terrorism These and similar events are examples of force majeure and so are beyond the control of the Organiser. No additional costs incurred by the participant will be reimbursed, nor will any of the services that were not enjoyed due to such force majeure and which cannot be recovered. This excludes any aspects which may be covered by the insurance policy made available by the Organiser. Art Informative and/or additional communications The Organiser reserves the right to inform all participants, by suitable communication means, of any variations or additions made to these general provisions and programmes, or information or details to make their contents more comprehensible. Art WDW 2014, Ducati trademarks, distinctive signs, industrial property rights, copyright and third party services provided via the website or links to particular third party websites

9 The participant acknowledges and is expressly aware that they cannot make any claims on the WDW 2014, Ducati registered trademarks, nor have any authorisation to use the same and undertakes, for themselves and for their passenger, not to make any claims concerning the ownership, licence or any other use or exploitation right. In addition, the participant, for themselves and for their passenger, undertakes not to register or use any names, trademarks, or other distinctive signs in combination with the WDW 2014 registered names or trademarks, and/or those which could be mistaken for the same. The title and copyright related to the website (including, but not limited to, all images, photographs, animations, videos, audio tracks, music, text used on this website, and all related material) are the property of the Organiser and are protected by copyright laws and the provisions of international treaties. The participant shall not copy and/or reproduce the material contained on this website. Particular Services provided by this website may include third party material or links to specific third party websites. The participant is aware and accepts that the Organiser is not responsible for the content or the accuracy, evaluation or examination of the same, or the evaluation of the contents or the accuracy of such third party material or websites. The Organiser does not warrant for, confirm or claim any form of liability for third party material or websites, nor any other third party material, products or services. The participant accepts not to use third party material in any manner that can infringe or violate third party rights, and that the Organiser shall under no circumstance be liable for any use you the Participant may make of the same. Art. 14 ARBITRATION CLAUSE Any disputes which may arise concerning the interpretation and implementation of the agreement shall be referred to a Mediator, appointed by the Chamber of Commerce of Bologna, who will judge using electronic systems via the online dispute settlement process, in accordance with Legislative Decree. 70/2003. There is no prejudice to any mandatory rights envisaged by the law in favour of Consumers and End Users. Art. 15 APPLICABLE LAW Where not expressly noted herein, Italian and EU law must be understood as applicable.