TERMS & CONDITIONS
General Terms of Use and Sale
These general conditions regulate (A) the user's (User) use of the "YesMilano Pass" application (hereinafter referred to as the APP) developed by Vox Milano Pass S.r.l., a single-member company subject to the direction and coordination of Vox S.p.A., with its registered office at via Pievaiola n. 21, Perugia, share capital €98,000 fully paid, tax code and registration number in the Umbria Companies Register 03896580549 (VOX), and (B) the provision by VOX to the User of a personal digital card named YesMilano City Pass, created and managed by VOX upon the request of the Milano & Partners Association in a public-private partnership.
This also involves electronic access tickets (Tickets) to museums, villas, churches, gardens, attractions, etc. (Attractions), accessory products possibly offered by the Institutions as defined below (Products), and additional services, including local public transportation (Ancillary Services), available within the Milano Pass.
The updated list of the entities managing the Attractions, offering the Products, and providing the Ancillary Services (Institutions) is available at www.citypass.yesmilano.it. The Institutions are professionals according to Legislative Decree 206/2005 and are directly and exclusively responsible to the User regarding the methods and conditions of access to the Attractions and the provision of any Attractions and Ancillary Services.
A. APP Usage Conditions
User Registration
The User can download the APP for free via the Apple App Store or Android Play Store. The APP is available for the iOS and Android operating systems, starting from the indicated versions. The User can also access the APP from the website www.citypass.yesmilano.it. To complete registration on the APP, the User must (a) create an account by entering the required data; (b) read and accept the current general terms of use and sale; and (c) read the information about the processing of personal data. In any case, consent to the processing, if necessary, must be given actively and separately.
By accepting the current general conditions, the User declares and guarantees that all information provided is true and accurate and agrees to keep such information updated and correct.
APP Usage
The use of the APP is personal. Therefore, the User undertakes not to disclose their access credentials to third parties. The User commits to take all necessary precautions to ensure the password remains secure and confidential. They agree to change it and inform VOX immediately if there is reason to believe that any third party is aware of the password, or if the password is, or is likely to be, used unauthorizedly. The User is also responsible for controlling third-party access to the smartphone on which the APP has been downloaded. Within the limits allowed by applicable law, the User acknowledges and agrees to be responsible for all activities carried out through the APP with their account and password. The User shall not use the APP to cause interruptions, damage, or malfunctions to the APP and/or the services provided through it, or for fraudulent purposes, unlawful activities, or to cause disturbance or harm. VOX reserves the right to prevent access to the APP and/or suspend or close the User's account if their behavior justifies such actions. This will occur, particularly in the event of a violation of existing laws and applicable contractual provisions.
The User must be at least 12 years old to download the APP. The APP is not intended for or suitable for use by children under 12 without direct adult supervision, and VOX shall not be responsible for any use of the APP in violation of this clause. Accessing the APP may involve costs applied by third parties, such as Internet service provider charges or any other costs, which remain the responsibility of the User.
Intellectual Property Rights
The intellectual property related to the APP, its functionalities, and/or the information contained therein belong to VOX or third parties who have granted VOX the relevant rights of economic exploitation. The User agrees not to modify, distribute, decrypt, perform, copy, reproduce, transfer, transmit, display, publish, license, create derivative works, or sell any information, software, trademark, product, or service obtained from or through the APP.
B. Sales Conditions for Milano Pass and Tickets
Method of Purchasing the YesMilano City Pass
The contract between the User and VOX regarding the Milano Pass (Contract) is completed upon the User's payment of the Milano Pass price and is subject to these general conditions.
Price of the YesMilano City Pass; Payment Methods
The price of the Milano Pass is as indicated on the APP and includes VAT. The price must be paid using one of the available payment methods on the APP.
Validity and Activation of the Milano Pass
Once the payment under Article B.2 above is made, the User will see a screen on the APP named "Activate your YesMilano City Pass," where they can select the activation date of the YesMilano City Pass (Activation Date). In any case, the activation of the YesMilano City Pass must occur within 12 (twelve) months from the conclusion of the Contract. The YesMilano City Pass is valid for 3 (three) consecutive calendar days starting from the Activation Date. The Contract ceases to be effective (and therefore, it will not be possible to purchase Tickets through the App) if the User does not purchase at least one Ticket within 12 (twelve) months from the Activation Date, without any refund due to the User. The Milano Pass is personal and cannot be transferred to third parties. The Milano Pass is only available in digital form through the APP.
Ticket Purchase and Use Methods
Through the APP, the User has the option to purchase Tickets and reserve access to Attractions (where possible) without any additional cost compared to the price of the Milano Pass. If the reservation of the Attraction is mandatory before the purchase of the Ticket, according to the provisions of the Institution, the reservation triggers the activation of the Milano Pass (if not already active according to Article B.3 of these sales conditions).
Access to Attractions, Products, and Ancillary Services is prohibited for Users without Tickets and must comply with any restrictions, including temporal restrictions, communicated through the APP.
The Ticket is considered purchased when VOX communicates via the APP that the operation was successful. The availability of Tickets on the APP does not constitute a contractual proposal.
The Tickets are exclusively digital, except for specific cases communicated through the APP. The User must present the Ticket to the Institution, respecting the reservation times (if available) and/or any restrictions communicated through the APP. Tickets are personal and cannot be transferred to third parties. Tickets purchased through the APP cannot be used after the temporal limits communicated by the Institution. The User undertakes to comply with the regulations governing access to Attractions, Products, and Ancillary Services.
Cancellation of Tickets
Reservations related to Attractions, Tickets, and the Tickets themselves are non-cancelable, and reservations are non-modifiable unless otherwise indicated.
Right of Withdrawal
The User has the right to withdraw from the Contract within 1 (one) year from the purchase of the Milano Pass in accordance with and in the forms provided for in Article 52 of Legislative Decree no. 206/2005, provided that the YesMilano City Pass has not been activated under Article B.3 of these sales conditions. In such a case, the User is entitled to a refund of the YesMilano City Pass price. The withdrawal communication can be forwarded to VOX through the instructions available on the App. Alternatively, the User can send a registered letter with a return receipt requested to the address indicated in the heading, a PEC (certified email) to voxmilanopass@pec.it, or an email to support@milanocitypass.com, clearly indicating the intention to withdraw from the Contract. The User may use the following withdrawal declaration model, duly completed: "I, the undersigned [], declare to withdraw from the contract concluded on [] between myself and Vox Milano Pass S.r.l., concerning the YesMilano City Pass order number [______]."
Exclusion of Milano Pass Refund
The Milano Pass is non-refundable if one or more Tickets have not been used due to variations in services offered by the Institutions (for example: changes in opening hours, completeness of exhibited works, rules on access priorities, etc.). It is the User's responsibility to inform themselves about changes in access methods to Attractions, Products, and Ancillary Services, particularly by consulting the institutional websites of the Institutions. The Milano Pass is not refundable if access to the Attractions, Products, and Ancillary Services for which the User has purchased one or more Tickets is denied due to the User's non-compliance with the access or enjoyment provisions.
Customer Service
VOX provides Users with a customer service in the manners and during the time slots indicated.
Legal Guarantee; Limitations of Liability
Regarding the Milano Pass and Tickets, the User benefits from the legal warranty of conformity that VOX, as a seller, is obliged to provide by law (Legal Guarantee). The Legal Guarantee ensures that the Milano Pass and Tickets are free from conformity defects concerning the Contract, providing the User with remedies as stipulated by law. The User must report the lack of conformity within two months of its discovery. VOX is not responsible in the case of non-substantial differences between the Milano Pass and/or the Ticket and the descriptions published on VOX's website or the App.
Except in cases of willful misconduct or gross negligence, VOX is solely responsible for any direct and foreseeable damage at the time of concluding the Contract. Therefore, VOX shall not be liable for any losses incurred, lost profits, or any other damage that is not a direct consequence of its non-compliance or was not foreseeable at the time of concluding the Contract.
VOX is in no way responsible for the fulfillment of obligations by third parties, particularly the Institutions.
User's Personal Data Processing
VOX complies with personal data protection regulations.
Within the Contract, some personal data of the User is collected, including name, address, telephone number, email address, and telephone number. User's personal data is processed for Contract execution and for other purposes listed in the privacy policy, based on the User's expressed consent or other legal bases of processing specified therein.
The User has the right, at any time, to obtain information about the storage status of their personal data and to request its deletion to the extent allowed by applicable regulations. The procedures for exercising the User's rights under applicable data protection laws and other relevant information are contained in the privacy policy.
Changes to Sales Conditions
VOX reserves the right to modify the APP and these sales conditions at any time to offer new products or services, or to comply with legal or regulatory provisions. The Contract will be governed by the prevailing sales conditions at the time of the Contract's conclusion, unless the changes are required by applicable law or competent authorities (in which case, these changes will also apply to the previously purchased Milano Pass). If any provision of these conditions or the Contract is deemed invalid, void, or for any reason unenforceable, such provision shall not affect the validity and effectiveness of the other provisions.
Applicable Law; Competent Forum
These general conditions and the Contract are governed by Italian law. In the event that a User is a citizen of the European Union, the provisions regarding consumer protection provided by the User's Member State of residence shall prevail. In any case, the application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 11 April 1980) is expressly excluded. Any dispute regarding the interpretation or execution of these general conditions or the Contract is devolved to the exclusive jurisdiction of the forum in which the User resides.
