General Terms and Conditions
1. Subject
These general terms and conditions of online sale (hereinafter “General Terms and Conditions”) govern the sale of the SEA Club Pass (“Pass”), which consists in the provision of a series of services, as illustrated below, offered by Società per azioni Esercizi Aeroportuali (S.E.A), with its registered office at Milan Linate Airport, Segrate (MI), a share capital of € 27,500,000.00 fully paid up, registered with the Company Registry Office at the Milan Chamber of Commerce under Economic and Administrative Index no. 472807, tax code and VAT no. 00826040156 (hereinafter, “SEA”). The Customer (“Customer(s)”) shall read these General Terms and Conditions carefully before placing their purchase order (the “Order”). Placing an Order implies full knowledge and express acceptance of these General Terms and Conditions. A copy of the General Terms and Conditions shall in any case be sent by SEA to the Customer by e-mail (the “Order Confirmation E-mail”), in accordance with Article 3 of the General Terms and Conditions below.
The Card can only be used by the person expressly stated at the time of purchase (hereinafter referred to as the “Member”).
2. The Pass
2.1 The Pass enables the Customer to make use of the services described below. SEA reserves the right to update/modify the list of services offered by providing information on the Website or in newsletters.
More specifically:
a) Access to MilanAirports Lounges at Milan Linate and Milan Malpensa airports
The SEA Club Pass enables access to all MilanAirports Lounges at Milan Linate and Milan Malpensa airports. Access will only be granted to the Member when they show the Pass at the Lounge entrance; this access will be extended to their immediate family or two additional persons accompanying them. If the Pass is not shown or the aforementioned requirements are not met, SEA reserves the right to refuse access to the Lounge. The Lounge opening hours are available on the Website.
b) Online Check-in Service
Staff in the Lounge will be available to assist with online check-in where possible, according to the carrier's policies and procedures.
c) Benefits/promotions
The Pass allows the Customer to make use of benefits and/or promotions (jointly referred to as “Benefits”) from SEA's Partners with whom specific agreements have been stipulated. The full updated list of Benefits will be available on the Website. SEA will inform Members of any new Benefits via special newsletters. The Member will be required to show their Pass in order to make use of the Benefits. Otherwise, SEA’s Partner or SEA itself reserves the right not to apply the Benefits. The Pass, which is nominal and non-transferable, is valid for 12 months from the date of activation, which coincides with the date of its purchase. After completing the purchase, SEA shall send the Pass to the address indicated by the Customer or renew the Pass they already have.
3. Conclusion of the Contract
3.1 The main characteristics of the purchased Pass and the corresponding price will be stated on the Summary Display. The information published on the Purchase Recap Display does not constitute a proposal from SEA.
3.2 Before placing the Order, the Customer must have carefully read and accepted these General Terms and Conditions, the information on exercising the right of withdrawal in the case of a Customer Consumer pursuant to Article 5.1 below.
3.3 In order to place an Order on the Website, the Customer must (i) purchase the Card by clicking on “Sign up”; (ii) if a consumer Customer, pursuant to Article 5.1, declare that they have received the information referred to in Article 49 of Legislative Decree no. 206/2005 (the “Consumer Code”), including the information concerning how to exercise the right of withdrawal; (iv) accept these General Terms and Conditions; (v) select the payment method; (vi) submit the Order to SEA.
3.4 The submission of the Order by the Customer constitutes a contractual proposal to purchase the Pass, specifically identified in the Summary Display, addressed by the Customer to SEA and binding for the Customer (without prejudice to the possibility for the Consumer/Customer, as indicated in Article 5.1 below, to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code). The Customer placing an Order implies an obligation for them to pay the amounts due.
3.5 The contract between the Customer and SEA governing the purchase of the Pass shall be formally stipulated upon receipt of the Order Confirmation E-mail by the Customer which is sent by SEA for their Order. SEA shall notify the Customer that the Order has been rejected by sending an email to the e-mail address provided by the Customer during registration.
3.6 Any change to the data entered by the Customer in the Order may be modified/corrected by them before submitting the Order.
3.7 SEA reserves the right not to accept the Customer's Order in the event of:
- unsuccessful payment (for example, after the fees have been charged to the Customer's credit card);
- the Customer has previously defaulted against SEA.
3.8 With the Order Confirmation E-mail, in confirming to the Customer the finalisation of the Contract, SEA shall provide the Customer with the following information in addition to these General Terms and Conditions and the invoice:
4. Fees - payment methods
4.1 The amounts due for the purchase shall be specifically indicated on the Summary Display on the Website inclusive of all applicable taxes or duties.
4.2 To pay the amounts due, the Customer can choose one of the payment methods provided by SEA and stated on the Website.
4.3 SEA delegates the system for management of online payments by Credit Card and Master Pass to a primary bank.
4.4 At no point in the purchasing process does SEA have access to information regarding the Customer's credit card and/or Master Pass, which is entered by the Customer directly on the website of the bank handling the transaction. The information will not be stored in any SEA electronic database. Therefore, under no circumstances may SEA be held liable for any fraudulent or improper use of credit card information by third parties associated with the payment of the services purchased via the Website.
5. Withdrawal pursuant to Article 52 of the Consumer Code
5.1 If the Customer is a Consumer pursuant to Article 3, paragraph 1, letter a), of the Consumer Code (“the natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity”), the Customer will have the right to withdraw, without indicating the reasons and without any charges being made to them within 14 (fourteen) days from the day of receipt of the Order Confirmation E-mail (hereinafter, the “Withdrawal Period”).
In order to exercise the right of withdrawal, the Customer must inform Società per Azioni Esercizi Aeroportuali (S.E.A.), with its registered office at Milan Linate Airport, Segrate (MI), of their decision to withdraw by means of a declaration to be sent to the following e-mail address clubsea@seamilano.eu.
5.2.1 The right of withdrawal will be properly exercised if the relevant communication is sent by the Customer before the expiry of the Withdrawal Period.
It is understood that the right of withdrawal referred to in Article 5.1 is excluded in the following cases:
- if the Customer has used the Card before the end of the Withdrawal Period, provided that performance has begun with the Customer's agreement.
5.2.5.3 In the event of withdrawal, the Customer shall receive a refund of all payments made to SEA, without undue delay and in any case no later than 14 (fourteen) days from the day on which SEA is informed of the Customer's decision to withdraw. Such refunds will be processed using the same payment method that the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise with SEA. In any case, the Customer will not incur any costs as a result of the refund. 5.4 If the right of withdrawal is exercised, the Customer undertakes to send the card received by post to the following address: SEA Club - Milan Linate Airport, Viale Forlanini - 20054 Segrate (MI). The shipping costs will be borne by SEA.
6. Privacy
6.1 In the performance of contractual obligations, and in compliance with Legislative Decree no. 196/2003 - the Personal Data Protection Code (hereinafter, the “Code”), and subsequent amendments, SEA, as the Data Controller, shall collect and process the personal data of Members which is voluntarily communicated by them when purchasing the Card.
In accordance with the provisions of Article 13 of the Code, all the information concerning the purposes and methods of processing the Customer's data, the compulsory or optional nature of the data provided, the persons to whom such data may be provided, the Customer's rights (including the amendment or deletion of such data), as well as SEA's Cookie Policy, are contained in SEA's Privacy Policy, which the Customer is expressly invited to read before purchasing a service on the Website and which the Customer shall have accepted when registering with the Website.
7. General provisions
7.1 Acceptance of these General Conditions is required to place an Order. The General Conditions may be subject to change, and to this end the latest applicable version will always be available on the Website in the section: “Terms and Conditions of sale”. SEA reserves the right to amend these General Terms and Conditions at any time without prior notice, with it being understood that a purchase by the Customer, validated by SEA and in accordance with the provisions set out in these General Terms and Conditions, shall be governed by the General Terms and Conditions stated in the Order Confirmation E-mail.
7.2 By accepting these General Terms and Conditions, the Customer accepts the terms and conditions of use of the Website, which are available for review in “Legal Notes” section.
7.3 These General Terms and Conditions are governed by the provisions on remote online sales contained in Chapter I of Title III of Part III of the Consumer Code (Legislative Decree no. 206/2005) and by the rules on e-commerce set out in Legislative Decree no. 70/2003.
7.4 For any needs regarding the purchase of Services via the Website, the Customer may contact SEA via e-mail at: clubsea@seamilano.eu
7.5 The invalidity, even if only partial, of one or more clauses of these General Conditions shall not entail their invalidity, nor that of the remaining partially invalid clause.
7.6 Should an error occur when placing an Order, a message will be displayed to inform the Customer that the Order has not been successfully processed.
7.7 In the event of loss or theft of the Card, the Customer or Member must immediately inform SEA at the following e-mail address clubsea@seamilano.eu
7.8 SEA may refuse to perform the Services referred to in the Card, and the PARTNERS may in turn refuse to offer the Benefits in the following cases:
- use of the Cards by a person other than the Member;
- non-payment of the amount owed to SEA upon purchase of the Card;
- behaviour of the Member and/or their guests inside the MilanAirports Lounges that does not comply with the rules of good conduct.
SEA reserves the right to withdraw from these General Terms and Conditions if the Customer/Member commits the above violations three times, even if they are not on consecutive occasions.
8. Applicable law and Court of Jurisdiction
8.1 If the customer is a Consumer, as defined in Article 5.1, jurisdiction for civil disputes arising in connection with these General Conditions shall lie with the court of the place of residence or domicile of the Consumer, if it is located in Italy. In all other cases, the Court of Milan shall have exclusive jurisdiction.
8.2 These General Conditions are governed by Italian law.
8.3 For matters not expressly provided for herein, reference shall be made to the provisions of Book IV, Title II of the Italian Civil Code.
CONSENT
□ I have read and accept the contents of the General Terms and Conditions and declare that I have read the Privacy Policy. I hereby declare that I have received the information referred to in Article 49 of Legislative Decree no. 206/2005 (“Consumer Code”), including the information relating to the exercise of the right of withdrawal.