GENERAL TERMS AND CONDITIONS OF SALE

Article 1 – Purpose and Scope

These General Terms and Conditions of Sale (hereinafter“GTCS"govern the purchase and use of tickets, services, and products offered by Monticello SPA S.r.l. at the centre called “Monticello SPA & FIT” located at Via San Michele 16/D, Loc. Cortenuova, Monticello Brianza (23876 - LC) (hereinafter the“Seller”or the“Facility””).

Purchases can be made:

  • through the official online shop available at https://monticellospa.it/en/ (hereinafter the "Site”);
  • at the SPA reception desk (the "Reception”).

Transactions are governed by Legislative Decree 6 September 2005 No. 206 (Consumer Code), Legislative Decree 9 April 2003 No. 70 (Electronic Commerce), as well as – with regard to personal data protection – by EU Regulation 2016/679 (GDPR) and Legislative Decree No. 196/2003 as amended.

Article 2 – Acceptance of the GTCS

By making a purchase via the Site or at the Reception, the Customer declares that they have read and fully accept these GTCS without any reservation.

The purchase of tickets, services, and products – whether via the Site or Reception – also entails the Customer’s full acceptance of the Rules containing the behavioural norms to be observed within the facility, available at  https://monticellospa.it/en/regulation/

The Seller reserves the right to modify or update these GTCS at any time. The GTCS in force at the date of purchase shall apply.

Article 3 – Types of Tickets and Services Available

The Seller offers the following types of products and services:

  1. a) Fixed-date Ticket

A product that allows access to the Day SPA on a specific date, possibly including treatments, massages, or wellness paths indicated on the Site.

Included services must be used on the selected date.

  1. b) Gift Voucher

A gift voucher that allows access to the Day SPA and/or specific wellness services offered by the Facility.

The date of use must be booked later via the Site or by contacting the Reception at least 7 days in advance to the intended date of use.

  1. c) Monetary Gift Card

A voucher of monetary value available in different amounts, usable to purchase Day SPA entries or services until the credit is exhausted.

The Monetary Gift Card can be used in multiple transactions until the credit is fully used.

  1. d) Multiday Pass

A package composed of multiple Day SPA entries, usable progressively, subject to booking via the Site or by contacting the Reception.

Article 4 – Issuance of the Purchase Document

Following the purchase of tickets, services, or products offered by the Seller as described in Article 3, the Customer will receive a digital or paper identification document (hereinafter the“Purchase Document”or “Document”).

The Purchase Document:

  • is identified by a unique alphanumeric code;
  • constitutes the entitlement to access the purchased services;
  • must be presented when using the services at the facility.
Article 5 – Obligations of the Customer

The Customer is required to read these GTCS before making a purchase.

Making a purchase via the Site or at the Reception implies full knowledge and acceptance of these GTCS.

The Customer also undertakes to:

  • provide accurate and up-to-date personal data;
  • carefully keep the received Purchase Document;
  • comply with the Facility Rules.

The Customer is responsible for safeguarding the identification code of the Purchase Document, which is necessary to access the purchased services.

Article 6 – Conclusion of the Contract

All prices indicated on the Site or at the Reception are expressed in Euro and include VAT, unless otherwise stated.

The contract is considered concluded and legally binding when:

  • the Customer has made full payment of the price of the selected service or product;
  • the Seller has issued the corresponding Purchase Document.

For purchases made via the Site, the Document will be sent to the email address provided by the Customer during registration or purchase. For purchases made at the Reception, the Purchase Document will be delivered directly to the Customer in digital or paper format.

Any errors in the data provided by the Customer must be reported promptly by contacting the Reception using the contacts indicated on the Site.

Article 7 – Validity and Use of the Purchase Documents

Except in the case of a fixed-date Ticket, the issuance of the Purchase Document does not automatically constitute a reservation of the service.

Reservations must be made by contacting the facility via email or through the Site.

On the day of the reservation, the Customer must present the Purchase Document at the Reception.

Unless otherwise indicated, the Purchase Document is valid until the expiry date shown on it.After this date, the Purchase Document will automatically expire, without any refund.

If the Purchase Document includes multiple services, these must be used on the same day, unless otherwise indicated.

Article 8 – Temporarily Unavailable Services

The Facility reserves the right to modify or temporarily suspend certain services due to:

  • technical or maintenance requirements;
  • organizational reasons;
  • extraordinary events or Force Majeure, as defined in Article 9 below.

If one or more services included in the Purchase Document are temporarily unavailable, the Customer may:

  • use alternative services of equal value;
  • obtain an extension of the validity of the Purchase Document limited to the period of unavailability.

No further compensation or refund is provided.

Article 9 – Force Majeure

Force majeure refers to all extraordinary, unforeseeable, and unavoidable events, not attributable to the Seller and not preventable with ordinary diligence, that prevent or temporarily make it impossible, in whole or in part, to provide the services offered by the Facility.

Exemplary and non-exhaustive cases of force majeure include:

  • natural disasters (such as earthquakes, floods, landslides, or exceptional weather events);
  • fires, explosions, or significant technical faults in the facility’s systems;
  • prolonged interruptions of electricity, water, or other essential services;
  • epidemics, pandemics, or health emergencies;
  • measures by public authorities limiting or preventing access to the facility or the provision of services;
  • strikes, industrial action, or other circumstances beyond the Seller’s control.

In the event of force majeure, the Seller cannot be held responsible for the impossibility of providing the purchased services.

In such cases, the Customer is entitled, at the Seller’s discretion, to:

  • use the purchased services on a later date, subject to the Facility’s availability; or
  • obtain an extension of the validity of the Purchase Document limited to the period of unavailability.

The Customer is not entitled to any further compensation, refund, or indemnity.

Article 10 – Loss or Theft of the Purchase Document

The Seller is not responsible for any loss, theft, or misuse of the Purchase Document..

Article 11 – Changes to the Reservation

Any changes to the reservation must be communicated by 10:00 a.m. on the day prior to the booked date.

In case of late notification or no-showthe Purchase Document will be considered used.

Article 12 – Right of Withdrawal

Pursuant to Art. 52 of the Consumer Code, the Customer who has purchased via the Site has the right to withdraw from the contract within 14 days of the purchase dateprovided the Purchase Document has not been used.

The right of withdrawal does not apply to fixed-date Tickets as they fall under leisure activities with a specific date or period, pursuant to Art. 59 letter n) of the Consumer Code.

The withdrawal request may be sent via:

PEC: monticellospa@pec.it

Registered Mail: Monticello SPA S.r.l., Via San Michele 16/D, Loc. Cortenuova, Monticello Brianza (23876 - LC)

If the withdrawal is valid, the amount will be refunded within 14 days of receiving the communication.

Article 13 – Complaints and Assistance

For information or reports, you can write to:

– E-mail: info@monticellospa.it

Article 14 – Applicable Law and Jurisdiction

The GTCS are governed by Italian law.

For any disputes, the competent court is that of the Customer’s residence or domicile if located in Italy. Otherwise, the Court of Lecco shall have jurisdiction.

Article 15 – Final Clauses

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer expressly approves the following clauses:

Art. 7 (Validity and Use of the Purchase Documents) - Art. 8 (Temporarily Unavailable Services) - Art. 9 (Force Majeure) - Art. 10 (Loss or Theft of the Purchase Document) - Art. 11 (Changes to the Reservation) - Art. 14 (Applicable Law and Jurisdiction).