1. Scope
The sales subject to these general conditions of online sales (the "General Conditions") govern the sales of services, as defined below, offered by Società per azioni Esercizi Aeroportuali S.E.A., with registered office in Segrate (MI), Milan Linate Airport, share capital €27,500,000.00 fully paid up, registered with the Company Registry Office at the Chamber of Commerce of Milan under REA no. 472807, tax code and VAT no. 00826040156 ("SEA"), made remotely on the following website: www.milanairports-shop.com (the "Website").
SEA and the Customer are also referred to each individually as a "Party" and jointly as "the Parties".
The Customer (“Customer(s)”) shall read these General Conditions carefully, before placing its purchase order (the "Order"). Placing an Order implies full knowledge and express acceptance of these General Conditions. A copy of the General 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 Conditions below.
2. Services
SEA offers the following services on the Website: Milan Airports Parking, Milan Airports Lounge, Milan Airports Fast Track, Car Valet and the Trawell Co SafeBag service called Baggage Wrap (hereinafter, jointly, the "Services"). The terms applicable to each service are specified in the following paragraphs. It is understood that, if not all Services are offered, these General Conditions shall apply with reference to the individual service offered.
2.1 Milan Airports Parking
2.1.1 The Milan Airports Parking service consists of the provision of parking areas (the "Parking Areas") at the car parks located at the Milan Linate, Milan Malpensa and Bergamo Orio al Serio Airports. With specific reference to online sales of tickets to access the Parking Areas located at the Bergamo Orio al Serio airport car parks, please note that SEA acts in its own name and on behalf of S.A.C.B.O. - Società per l'Aeroporto Civile di Bergamo Orio al Serio S.p.A..
2.1.2 The offer of the Parking Areas on the Website is subject to any limited availability of said Parking Areas.
2.1.3 The Customer acknowledges and accepts that theM Milan Airports Parking service shall be offered without any custody and surveillance of the parked vehicle. In this regard, the Customer acknowledges that, prior to accepting these General Conditions, he/she was aware of the exclusion of custody of the vehicle. Consequently, SEA or the manager of the Bergamo Orio al Serio airport car park cannot be held liable for theft or damage to the parked vehicle.
2.1.4 The Customer is required to purchase access to the Parking Areas on the Website at least 2 (two) and a half hours before the scheduled time of entry into the car park.
2.1.5 For the purchase of the Milan Airports Parking service at the Linate, Malpensa and Bergamo Airports, SEA shall provide the Customer with a bar code in the Order Confirmation E-mail that is to be placed under the reader on the entrance totem of the chosen car park, which will issue the valid ticket to exit the park.
The entrance totem will automatically issue a customised ticket with the information concerning the purchased service. The Customer shall keep the ticket with care so that he/she can exit the car park by inserting it in the totem at the exit. If the reader fails to recognise the bar code, the malfunction must be reported to the car park operator using the intercom at the entrance to the car park. The bar code grants access to the parking facility even if the “parcheggio completo” (car park full) sign is displayed. However, the Customer acknowledges and accepts that, should the Parking Area not be available on the days indicated by the Customer upon purchase, the car park operator may reassign the User to a different car park, of the same or higher category, at the chosen airport. In the event of repositioning of a lower parking space, the Customer may request a refund of the fare difference for the lower cost. Within the car park, a space may be chosen from among the available Parking Areas, it being understood that there are no areas reserved for the Customer.
2.1.6 The service purchased by the Customer is not transferable between the different car parks of the Milan Linate, Milan Malpensa and Bergamo Orio al Serio airports and is valid only for the date, time, price, Parking Area, airport and terminal specified in the purchase recap display, which appears on the screen directly before the Customer places the order (hereinafter the "Purchase Recap Display"), and in the Order Confirmation E-mail.
Temporary interruption of parking is not allowed: if the Customer leaves the car park, he/she loses the right to use the purchased parking space without being able to request a refund of the period not used.
2.1.7 “Web” parking fees for the Parking Areas are available on the Website and refer to a 24 (twenty-four) hour period. Prices are subject to change. The prices displayed are valid only at the time of the Order. The number of “days” (24-hour periods) charged to the Customer upon submission of the Order is calculated based on the times selected at the time of purchase. ill be possible to enter the car park starting (60) minutes prior to the time selected by the Customer when submitting the Order. The Customer is henceforth informed that, if the actual time of exit differs from that selected at the time of the Order and, due to this, the actual time spent in the Parking Area is longer than the twenty four (24) hour periods selected at the time of the Order, the User shall be subject to application of the "standard" fee and not the "web" fee for the excess parking hours. This amount must be paid by the Customer at the payment booths prior to leaving the car park. Please note that the above is applicable regardless of the reason for the extra parking time, unless the same was caused exclusively by negligence on the part of the car park operator.
2.1.8 Once in the car park, the Customer must follow the instructions provided in the Order Confirmation E-mail. Before placing the Order, the Customer must carefully read the parking rules ( Milan Linate and Malpensa Parking Rules ; and Bergamo Orio al Serio Parking Rules , hereinafter the "Parking Rules"), published on the Website in the Conditions of Use section.
By accepting these General Conditions, the Customer implicitly also accepts the Parking Rules. It should be noted that the Orio al Serio airport car park is managed by Apcoa Parking Italia S.p.A.
2.1.9 The Customer acknowledges that it is necessary to reach the car park well in advance with respect to his flight check-in time. Customers must also allow enough time to reach the terminal building from the car park, given that this time varies depending on the car park chosen by the Customer. Customers must also consider the time required to find a parking space, remove their luggage from the car, lock the vehicle, walk to the terminal building and perform any other necessary operations. Customers assume full and exclusive responsibility for calculating the time necessary for the above operations and therefore reaching the airport terminal in time. Customers are also informed that SEA declines any and all responsibility should these operations require more time than estimated due to particular circumstances or high traffic volume. The Customer has sole responsibility for accounting for such possibilities and arriving at the parking facility well in advance of the check-in time for his/her flight.
2.1.10 In reference to any parking facilities operated by third-party companies, the Customer acknowledges and accepts that SEA declines any and all responsibility regarding the organisation and management of said parking facilities and under no circumstances will be held liable for problems or inconveniences suffered by the Customer and/or the User in relation to the parking facility operated by a third-party company. The Customer acknowledges that in such case the Parking Areas are provided directly by third-party companies.
2.1.11 In order to avoid the surcharge of the car park fee applied through the electronic devices payment system, Customers with electronic devices must ensure that they block the relevant device – using the specific electronic devices cover – before approaching the lanes using said payment system. In fact, SEA will not be liable for the aforementioned possible surcharge made by the electronic toll collection provider.
2.1.12 If a Customer who has purchased a ticket at the "web" fee is asked to make an additional payment when exiting the car park, the Customer shall contact the car park operator using the appropriate button on the exit totems or on the automatic payment booths in order to resolve the issue. By holding the key pressed, the Customer will activate an automated voice that will inform him/her that his/her request for assistance is being processed and will receive remote assistance.
2.2 Milan Airports Vip Lounges
2.2.1 The purchase of the Milan Airports Vip Lounges service grants access exclusively to the VIP lounge specified in the Acceptance Email.
The Milan Airports Vip Lounges service must be used by the date indicated in the documents sent with the Acceptance Email. The Customer may either directly use the purchased service or choose to transfer it free of charge to a third party; however, the resale of services is expressly prohibited. Therefore, the services may not be resold, exchanged for money, used for unauthorized commercial purposes, or utilized in any manner otherwise prohibited by these General Terms and Conditions.
2.2.2 The Milan Airports Vip Lounge service can be used by the date indicated in the documents sent with the Order Confirmation E-mail. The ticket may state the maximum time that a ticket holder can spend in the lounge.
2.2.3 If a lounge is added to a parking reservation, access to the lounge will only be possible from the selected date for parking entry.
2.2.4 Before placing an Order, the Customer must carefully read the VIP Lounge Rules ("VIP Lounge Rules") published on the Website and also available in the VIP lounges. By accepting these General Conditions, the Customer implicitly also accepts the Vip Lounge Rules.
2.2.5 In order to gain access to the VIP Lounge indicated in the Order Confirmation E-mail, the Customer must show his/her boarding pass.
2.3 Milan Airports Fast Track
2.3.1 The purchase of the Milan Airports Fast Track service grants expedited access to security checkpoints through the "Fast Track" lanes specified in the Acceptance Email.
The Milan Airports Fast Track service must be used by the date indicated in the documents sent with the Acceptance Email. The Customer may either directly use the purchased service or choose to transfer it free of charge to a third party; however, the resale of services is expressly prohibited. Therefore, the services may not be resold, exchanged for money, used for unauthorized commercial purposes, or utilized in any manner otherwise prohibited by these General Terms and Conditions.
2.3.2 Before placing an Order, the Customer must carefully read the Fast Track rules (the ''Fast Track Rules") published on the Website. The Customer declares that by accepting these General Conditions, it also accepts the Fast Track Rules.
2.3.3 Access by children age two years and below is free of charge.
2.4 Car Valet
2.4.1 The Car Valet service offered by SEA consists in (i) Milan Linate airport staff taking the Customer’s car so as to allow him/her immediate access to the check-in area; and (ii) once the parking period is over, subsequently returning to the Customer the keys of the car parked at the airport in question, in the specific spaces identified for this purpose as Car Valet spaces. The service includes the collection of the car, covered and unattended parking for the purchased time, and the return of the car within the time specified by the Customer at the time of purchase (the "Car Valet Service").
2.4.1.1 Offer of the service depends on the actual availability of parking spaces and will be available at the times indicated on the website www.milanairports-shop.com/it/parcheggi/parcheggi-linate.
2.4.1.2 The Customer may only place one Car Valet service in the shopping cart at a time and may purchase it together with other products available on the Website.
2.4.1.3 The Car Valet service must be purchased at least 2.5 hours prior to the when it is to be provided.
2.4.1.4 “Web” fees for the Car Valet Service are available on the Website and refer to a 24 (twenty-four) hour period. Prices are subject to change. The prices displayed are valid only at the time of the Order. The number of “days” (24-hour periods) charged to the Customer upon submission of the Order is calculated based on the times selected at the time of purchase. If the time of return of the vehicle differs from the time selected by the Customer upon submission of the Order and, as a result of this, the actual period of use of the Car Valet Service exceeds the 24 (twenty-four) hour periods selected at the time of the Order, the Customer shall be charged the daily fee (24 hours) for the excess parking hours. This amount – to be calculated on the basis of the fees for the service displayed on the Website and applicable to the additional parking period – shall be paid by the Customer to SEA upon returning the car, directly at the parking tool booth inside the Milan Linate airport, which will be open 24 hours a day, seven days a week.
2.4.2 The service shall be provided by SEA in accordance with the "General Conditions of Car Valet Service" available on the Car Valet Rules Web page, to which reference is made in full.
2.4.3 Once the purchase has been completed, the Customer will receive a recap and an Order Confirmation E-mail containing an e-ticket, which must be printed out and handed over by the User to the designated staff member in the area indicated in the instructions on the e-ticket. The e-ticket is not transferable and can only be used by the Customer. However, reservations may be modified and changed with respect to what is stated in the e-ticket. For this purpose, please refer to point 4.3 of these General Conditions of Online Sale below.
2.4.4 Before placing an Order, the Customer shall carefully read the General Conditions of the Car Valet service. The Customer furthermore declares that by accepting these General Conditions, it also accepts the General Conditions of the Car Valet Service.
2.5 Luggage wrapping
2.5.1 The Trawell Co SafeBag service allows the User to have his/her luggage wrapped by specific machines located at the airports of Milan Linate and Milan Malpensa and to take advantage of a series of additional assistance services as better indicated on the Trawell Co website ( https://www.trawellco.com/it/)
2.5.2 The service will be provided by the company Trawell Co in accordance with the contractual conditions ("Trawell Co Contractual Conditions") and the information available on the https://www.trawellco.com/it/ web page, to which reference is made in full. Under no circumstances may SEA be held liable for the quality of the Trawell Co SafeBag service and/or the truthfulness, accuracy and completeness of the Trawell Co SafeBag service information material and/or information available at https://www.trawellco.com/it/ and/or the conformity of the Trawell Co SafeBag service to the information material and/or non-fulfilment by Trawell Co of the Trawell Co Contractual Conditions. Under no circumstances may SEA be held liable for any damages suffered by the Customer or third parties and deriving from the use and/or improper functioning of the Trawell Co SafeBag service.
2.5.3 The Customer will receive a code in the Order Confirmation E-mail that must be printed and handed over by the User to the Trawell Co SafeBag staff present on site at the Milan Malpensa and Milan Linate airports.
The code for the Trawell Co SafeBag service is valid for 3 (three) months from the date of purchase only for the price specified in the Order Confirmation E-mail.
2.5.4 The Customer shall carefully read the Trawell Co Contractual Conditions before placing an Order. By accepting these General Conditions, the Customer implicitly also accepts the Trawell Co Contractual Conditions.
3. Contract finalisation
3.1 In order to have access to the Portal, the Customer must register, filling in all the fields indicated as "required".
3.2 Following registration, the Customer will receive its log-in credentials to the Portal at the e-mail address provided during registration. It is understood that when accessing the Portal for the first time and before placing an Order, the Customer must carefully read and accept these General Conditions and the Privacy Policy.
3.3 The essential characteristics of the purchased Service(s) and the relevant price(s) will be indicated on the Purchase Recap Display. It is understood that the information published on the Purchase Recap Display does not constitute a proposal by SEA.
3.4 In order to place the Order, the Customer shall (i) select the Services it intends to purchase by clicking on "Add to Cart"; (ii) accept these General Conditions; (iii) select the payment method; and (iv) place the Order with SEA.
3.5 The placing of an Order by the Customer constitutes a contractual proposal, made by the Customer to SEA and binding on the Customer, for the purchase of the Services specifically identified in the Purchase Recap Display. The placing of the Order by the Customer implies an obligation for the Customer to pay the due purchase prices.
3.6 With the successful completion of the purchase of the Services, as shown on the corresponding order confirmation page, the contract between the Customer and SEA is deemed to have been entered into. SEA will communicate the Order details to the Customer at the email address provided during the purchase process.
3.7 SEA reserves the right not to accept the Customer's Order in the event of:
- unavailability of the Services selected by the Customer;
- unsuccessful payment (for example, following charging of the fees on the Customer's credit card);
- the Customer has previously defaulted towards SEA.
3.8 With the Order Confirmation E-mail for the Order, in confirming to the Customer the finalisation of the Contract, SEA shall provide the Customer with the following information in addition to these General Conditions:
- a summary of the main characteristics of the Service(s) purchased;
- the total price of the Service(s) including taxes or fees;
- a purchase code to be used in any further communication with SEA relating to the Service(s) purchased;
- a processed transaction code;
- a barcode (in the case of purchase of Milan Airports Lounges, Milan Airports Fast Track and Milan Airports Parking services);
3.9 Customers that purchase several Services in a single transaction shall receive all the information referred to in Article 3.8 above in a single Order Confirmation E-mail.
4. Fees - Payment methods
4.1 The fees due for each Service purchased shall be specifically stated on the Purchase Recap Display in euros and shall include all applicable taxes and levies.
4.2 Customers who choose to purchase the Services on the Website may have the option of one or more fee plan categories upon submission of the Order. The Customer’s choice of the fee plan category and service implies acceptance of the rules associated with the fee plan as described on the Website for each fee plan category and service. The fees for the Services are flexible and therefore subject to change without notice, and shall be updated from time to time within the Website and, in any event, communicated to the Customer prior to the purchase of the Services.
4.3 In the event of purchase of Milan Airports Parking services, the Customer may, within 3 hours of the time of entry in the Parking Area purchased, make a booking change, changing the date and time of entry and exit. It is understood that Customers having purchased access to Parking Areas at Bergamo Orio al Serio airport may only change their reservation with access to Parking Areas located at the same airport and that Customers having purchased access to Parking Areas at Milan Malpensa and Milan Linate airports may change the reservation at one of the two airports. Reservations may be changed by accessing the Website and entering the "My Purchases" section.
The Customer acknowledges and accepts that any change in the duration, dates, or times of a booking may result in a recalculation of the entire parking rate and thus the payment of a rate difference.
In this regard, the Customer acknowledges and also accepts that: (i) if the booking change results in a new purchase amounting to less than the original amount purchased, SEA will not refund any amount to the Customer, and (ii) if the booking change results in a new purchase amounting to more than the originally purchased amount, the Customer will be required to pay SEA the difference between the amount of the new purchase and the original amount subject to the booking change.
4.4 To pay the amounts due, the Customer can choose one of the payment methods provided by SEA and indicated on the Website. In particular, the following credit cards are accepted: Visa, MasterCard, American Express, Diners and bank transfer via MyBank. The Customer may also make a bank transfer without using the MyBank system to the account provided by SEA for an amount agreed from time to time with SEA (“Credit”). The e-invoice will be issued by SEA in off-line mode and will be sent to the Customer via SDI directly to its tax box. The Credit will be used to recharge the E-Wallet of SEA, SACBO or both (according to the Customer's request) and can be used to purchase the Milan Airports Parking Service on the Website until the Credit has run out.
To use the SEA Wallet, the Customer may only place the Linate and Malpensa Car Parks in the cart, while to use the SACBO Wallet the Customer may only place the Bergamo Orio al Serio Car Parks in the cart. If the remaining credit is not sufficient to make a new purchase, the Customer must make a new transfer to supplement the Credit.
The Credit is not refundable by SEA, not even partially, if it is not used by the Customer.
4.5 SEA outsources to a leading banking institution the system for handling all online payments.
4.6 At no point in the purchasing process does SEA have access to information regarding the Customer's credit card, 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. As such, 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 on the Website.
5. Privacy
5.1 In fulfilment of the contractual obligations, and in compliance with European Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR), as well as in compliance with the applicable current Italian legislation, SEA, as the Data Controller, will collect and process the personal data of Customers voluntarily disclosed by them when purchasing a service on the Website.
5.2 In accordance with the provisions of Articles 13 and 14 of the GDPR, as well as the applicable current Italian legislation, all information concerning (among other things) the purposes for which the Customer's data is processed, the mandatory or optional nature of the data provided, the subjects to whom such data may be provided, the Customer's rights (including any changes to said data or their erasure), as well as the SEA cookies policy, are contained in the SEA Privacy Policy, which the Customer is expressly invited to read before purchasing a service on the Website.
6. Customer's Obligations
6.1 When conducting searches and processing bookings and purchase orders, the Customer will use the web application under a non-exclusive and temporary license granted for the duration of the operation.
The Customer is prohibited from modifying, reusing, copying, distributing, transmitting, reproducing, publishing, sublicensing, creating derivative works, transferring, or selling, or in any case using for any commercial or non-personal purposes the information, data, content, software, systems, or products obtained or made available to them through the Website.
6.2 All rights of the Customer and the User to any compensation for damages or any indemnification – as well as any contractual or extra-contractual liability of SEA – for direct or indirect damages to persons and/or property, caused by the rejection of an Order, including partially, are hereby excluded.
6.3 The Customer agrees to use the purchased Services exclusively for the purposes specified in these General Terms and Conditions.The Customer further agrees not to transfer or resell the purchased Services to third parties.
7. Liability
7.1 It is expressly understood that no liability can be ascribed to SEA in the event of theft of or damage to parked vehicles and with regard to the organisation and management of the Car Parks.
Under no circumstances may SEA be held liable for any inconvenience or mishaps suffered by Customers.
8. Termination and withdrawal
8.1 Termination
SEA may terminate these General Conditions, by means of a notice sent by certified e-mail (PEC), pursuant to and for the purposes of Article 1456 of the Italian Civil Code, in addition to the cases already described in the previous articles, also in the event that:
- the Customer are charged with sanctions and/or involved in law suits under current legislation concerning the fight against organised crime;
- the Customer engages in any act that may harm SEA's brand image or that in any case may be detrimental to its business or corporate structure or may impair the performance of this contract in any way;
- the General Conditions or the rights arising therefrom are transferred, in whole or in part, in any capacity whatsoever, including free of charge, without formal written authorisation by SEA;
- the obligations under Article 6 are breached by the Customer.
Should any of the aforementioned circumstances apply, the Customer's right to the distribution of the Services shall cease accordingly.
In any event, the Customer shall indemnify SEA for any damage, loss, or cost that may result
for it and/or third parties from such breaches.
8.2 Withdrawal
SEA may withdraw from these General Conditions with immediate effect in the event of termination or revocation, for any reason whatsoever, of the Agreement or repeal (in whole or in part) of the Authorisation Law, under which SEA operates the Milan Linate and Milan Malpensa airports.
9. General provisions
9.1 The acceptance of these General Terms and Conditions is required for the submission of the Order. The General Terms and Conditions may be subject to changes, and the most updated version will always be available on the Website in the "Terms and Conditions of Sale" section. SEA reserves the right to modify these General Terms and Conditions at any time without prior notice, provided that the Customer’s purchase, validated by SEA in accordance with the provisions outlined in these General Terms and Conditions, will be governed by the General Terms and Conditions contained in the Acceptance Email.
9.2 SEA reserves the right, at its sole discretion, to suspend the accounts of Customers who fail to comply with all the provisions of these General Terms and Conditions and/or whose conduct is found to be inconsistent with legal regulations or any other applicable provisions.
9.3 By purchasing the service, the Customer declares to be at least 18 years old.
9.4 By accepting these General Terms and Conditions, the Customer agrees to the terms and conditions of use of the Website, which can be viewed in the "Legal Notices" section.
9.5 These General Terms and Conditions are governed by the provisions on distance sales contained in Chapter I of Title III of Part III of the Consumer Code (Legislative Decree No. 206/2005) and by the regulations on e-commerce provided by Legislative Decree No. 80/2003.
9.6 For any needs or complaints related to the purchase of Services on the Website, the Customer can contact SEA using the online form available by clicking on "CONTACT US" on the page www.milanairports-shop.com/it/info-e-supporto/contatti-e-faq.
9.7 The nullity, even partial, of one or more clauses of these General Terms and Conditions will not entail the nullity of the same, nor that of the remaining partially null clause.
9.8 In the event of an error during the submission of the Order, the Customer will see an on-screen notification informing them of the failure to submit the Order.
10. Applicable law and Court of Jurisdiction
10.1 The Court of Milan shall have exclusive jurisdiction for civil disputes arising in connection with these General Conditions.
10.2 These General Conditions are governed by Italian law.
10.3 Excluding as expressly provided in this contract, reference is made to the Italian Civil Code, Book IV, Chapter II.
11. Compliance with the Organisation and Management Model pursuant to Legislative Decree 231/2001 and the Management System for the Prevention of Corruption
11.1 The Customer declares and guarantees that he/she is aware of and complies with the legislation on the administrative liability of legal persons, in particular, the provisions of Legislative Decree 231/2001 ("Decree") and the anti-corruption legislation, in force from time to time.
(“Company” or “SEA”) declares and acknowledges (i) that it has adopted the Organization and Management Model pursuant to Legislative Decree
11.2 (“Model 231/2001”) available on the SEA website at the following address https://milanairports.com/it/governance/etica-e-compliance/modello-di-organizzazione-e-gestione; (ii) that it has adopted a Management System for the Prevention of Corruption certified UNI ISO 231 “Anti Bribery Management System”, of which the Corruption Prevention Policy is an essential component and is available on SEA's website at https://milanairports.com/it/governance/etica-e-compliance/sistema-di-gestione-la-prevenzione-della-corruzione (“Policy”); (iii) that it has appointed a supervisory body pursuant to Legislative Decree 37001:2016 (“SB”) to supervise compliance with and effective implementation of Model 231/2001 by all recipients, as well as (iv) to have implemented company safeguards (including, by way of example, procedures) suitable for preventing the commission, including in the form of an attempt, of the offences envisaged in Model 231, and in relation to which the sanctions provided for by the Decree apply, and the corruption offences and prohibited conduct provided for by the Management System for the Prevention of Corruption and by Politics.
11.3 The Customer therefore declares that it has been made aware by SEA of (i) the adoption of Model 231 and (ii) the adoption of the Management System for the Prevention of Corruption and the related Policy, which constitute an integral and substantial part of these General Conditions and regarding which the Customer expressly undertakes to comply with all its provisions.
In particular, the Customer shall:
a. not practice or tolerate, including insofar as pertains to its supply chain, any form of bribery, either in general within the scope of their activities or in particular in order to secure contracts from SEA.
b. abide with Model 231 by complying with the ethical principles and rules of conduct indicated therein, as well as its safeguards, in particular, by way of example, SEA's corporate procedures;
c. report directly and without delay to the SB any violations of Model 231 and/or its safeguards (including, by way of example, SEA's corporate procedures) of which it becomes aware, through the dedicated whistleblowing channel available on the SEA website at https://milanairports.com/it/governance/etica-e-compliance/whistleblowing
d. comply with requests for information or submission of documents from SEA and/or from the SB;
e. find out about updates and amendments to Model 231 and the Policy by acquiring them on the SEA website.
11.4. If the Customer and its employees/collaborators i) fail to comply with the obligations assumed with this clause, or ii) engage in conduct that, at SEA's discretion, is contrary to the provisions of Model 231 and the Policy, SEA shall have the right to declare documents of the General Conditions terminated by law pursuant to and for the purposes of Article 1456 of the Italian Civil Code and to adopt all legal remedies as well as all the remedies contractually provided for to protect one's rights, interests, image and reputation, thus also being able to act for compensation for any further damages suffered.
12. Code of ethics and legislation against organised crime
12.1 The Customer declares and guarantees that it is aware of and complies with the legislation against organised crime in force from time to time and that it always carries out its actions so as to ensure their integrity, ethics, honesty, transparency and good faith, to this end adopting suitable and adequate corporate governance tools; the Customer also declares and guarantees that it always carries out its business in a manner that is consistent with best practices in terms of ethics, also with reference to its supply chain.
12.2 With the aim of inspiring its activities to the highest ethical standards, SEA has adopted a code of ethics ("Code"), published on its website at the following address https://milanairports.com/it/governance/etica-e-compliance/codice-etico to be considered an integral and substantial part of these General Terms and Conditions. In this regard, it is understood that the Code of Ethics includes all the principles enshrined in the legislation against organised crime in force from time to time and that SEA does and respects with a view to countering the phenomenon of infiltration by organised crime in the context of measures to combat such crime.
SEA therefore undertakes to establish relationships only and exclusively with parties that meet the requirements set out in the aforementioned legislation against organised crime.
To that end: (i) it shall verify the Contractor's regular inclusion in the White List, where applicable; or (ii) consult the "National Antimafia Database" to ascertain the non-existence of any cause of disqualification, suspension, prohibition or attempted mafia infiltration. The Contractor shall, in any case, act in accordance with the provisions of the legislation against organised crime.
12.3 The Customer declares that no mediation or other intervention by third parties has occurred to finalise the Contract, that it has not paid, nor will it pay, any party, directly or through any intermediary, sums and/or other consideration by way of intermediation or similar sums and in any case aimed at facilitating the finalisation of the Contract.
12.4 The Customer therefore declares that it has been informed by SEA of the adoption of the Code of Ethics, which is an integral and substantial part of these General Conditions and of which the Supplier expressly undertakes to comply with all the provisions.
In particular, the Customer shall:
a. not practice or tolerate, including insofar as pertains to its supply chain, any form of bribery, either in general within the scope of their activities or in particular in order to secure contracts from SEA;
b. abide with the Code of Ethics by complying with the ethical principles and rules of conduct indicated therein;
c. report directly and without delay to SEA's Ethics Committee any violations of the Code of which it becomes aware through the dedicated whistleblowing channel available on SEA's website at https://milanairports.com/it/governance/etica-e-compliance/whistleblowing
d. comply with requests for information or submission of documents from SEA and/or from SEA’s Ethics Committee;
e. find out about updates and amendments to the Code, obtaining the updated text on the SEA website.
12.5 If the Customer and its employees/collaborators i) fail to comply with the obligations assumed with this clause, or ii) engage in conduct that, at SEA's discretion, is contrary to the provisions of Model 231 and the Policy, SEA shall have the right to declare documents of the General Conditions terminated by law pursuant to and for the purposes of Article 1456 of the Italian Civil Code and to adopt all legal remedies as well as all the remedies contractually provided for to protect one's rights, interests, image and reputation, thus also being able to act for compensation for any further damages suffered.
The sales subject to these general conditions of online sales (the "General Conditions") govern the sales of services, as defined below, offered by Società per azioni Esercizi Aeroportuali S.E.A., with registered office in Segrate (MI), Milan Linate Airport, share capital €27,500,000.00 fully paid up, registered with the Company Registry Office at the Chamber of Commerce of Milan under REA no. 472807, tax code and VAT no. 00826040156 ("SEA"), made remotely on the following website: www.milanairports-shop.com (the "Website").
SEA and the Customer are also referred to each individually as a "Party" and jointly as "the Parties".
The Customer (“Customer(s)”) shall read these General Conditions carefully, before placing its purchase order (the "Order"). Placing an Order implies full knowledge and express acceptance of these General Conditions. A copy of the General 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 Conditions below.
2. Services
SEA offers the following services on the Website: Milan Airports Parking, Milan Airports Lounge, Milan Airports Fast Track, Car Valet and the Trawell Co SafeBag service called Baggage Wrap (hereinafter, jointly, the "Services"). The terms applicable to each service are specified in the following paragraphs. It is understood that, if not all Services are offered, these General Conditions shall apply with reference to the individual service offered.
2.1 Milan Airports Parking
2.1.1 The Milan Airports Parking service consists of the provision of parking areas (the "Parking Areas") at the car parks located at the Milan Linate, Milan Malpensa and Bergamo Orio al Serio Airports. With specific reference to online sales of tickets to access the Parking Areas located at the Bergamo Orio al Serio airport car parks, please note that SEA acts in its own name and on behalf of S.A.C.B.O. - Società per l'Aeroporto Civile di Bergamo Orio al Serio S.p.A..
2.1.2 The offer of the Parking Areas on the Website is subject to any limited availability of said Parking Areas.
2.1.3 The Customer acknowledges and accepts that theM Milan Airports Parking service shall be offered without any custody and surveillance of the parked vehicle. In this regard, the Customer acknowledges that, prior to accepting these General Conditions, he/she was aware of the exclusion of custody of the vehicle. Consequently, SEA or the manager of the Bergamo Orio al Serio airport car park cannot be held liable for theft or damage to the parked vehicle.
2.1.4 The Customer is required to purchase access to the Parking Areas on the Website at least 2 (two) and a half hours before the scheduled time of entry into the car park.
2.1.5 For the purchase of the Milan Airports Parking service at the Linate, Malpensa and Bergamo Airports, SEA shall provide the Customer with a bar code in the Order Confirmation E-mail that is to be placed under the reader on the entrance totem of the chosen car park, which will issue the valid ticket to exit the park.
The entrance totem will automatically issue a customised ticket with the information concerning the purchased service. The Customer shall keep the ticket with care so that he/she can exit the car park by inserting it in the totem at the exit. If the reader fails to recognise the bar code, the malfunction must be reported to the car park operator using the intercom at the entrance to the car park. The bar code grants access to the parking facility even if the “parcheggio completo” (car park full) sign is displayed. However, the Customer acknowledges and accepts that, should the Parking Area not be available on the days indicated by the Customer upon purchase, the car park operator may reassign the User to a different car park, of the same or higher category, at the chosen airport. In the event of repositioning of a lower parking space, the Customer may request a refund of the fare difference for the lower cost. Within the car park, a space may be chosen from among the available Parking Areas, it being understood that there are no areas reserved for the Customer.
2.1.6 The service purchased by the Customer is not transferable between the different car parks of the Milan Linate, Milan Malpensa and Bergamo Orio al Serio airports and is valid only for the date, time, price, Parking Area, airport and terminal specified in the purchase recap display, which appears on the screen directly before the Customer places the order (hereinafter the "Purchase Recap Display"), and in the Order Confirmation E-mail.
Temporary interruption of parking is not allowed: if the Customer leaves the car park, he/she loses the right to use the purchased parking space without being able to request a refund of the period not used.
2.1.7 “Web” parking fees for the Parking Areas are available on the Website and refer to a 24 (twenty-four) hour period. Prices are subject to change. The prices displayed are valid only at the time of the Order. The number of “days” (24-hour periods) charged to the Customer upon submission of the Order is calculated based on the times selected at the time of purchase. ill be possible to enter the car park starting (60) minutes prior to the time selected by the Customer when submitting the Order. The Customer is henceforth informed that, if the actual time of exit differs from that selected at the time of the Order and, due to this, the actual time spent in the Parking Area is longer than the twenty four (24) hour periods selected at the time of the Order, the User shall be subject to application of the "standard" fee and not the "web" fee for the excess parking hours. This amount must be paid by the Customer at the payment booths prior to leaving the car park. Please note that the above is applicable regardless of the reason for the extra parking time, unless the same was caused exclusively by negligence on the part of the car park operator.
2.1.8 Once in the car park, the Customer must follow the instructions provided in the Order Confirmation E-mail. Before placing the Order, the Customer must carefully read the parking rules ( Milan Linate and Malpensa Parking Rules ; and Bergamo Orio al Serio Parking Rules , hereinafter the "Parking Rules"), published on the Website in the Conditions of Use section.
By accepting these General Conditions, the Customer implicitly also accepts the Parking Rules. It should be noted that the Orio al Serio airport car park is managed by Apcoa Parking Italia S.p.A.
2.1.9 The Customer acknowledges that it is necessary to reach the car park well in advance with respect to his flight check-in time. Customers must also allow enough time to reach the terminal building from the car park, given that this time varies depending on the car park chosen by the Customer. Customers must also consider the time required to find a parking space, remove their luggage from the car, lock the vehicle, walk to the terminal building and perform any other necessary operations. Customers assume full and exclusive responsibility for calculating the time necessary for the above operations and therefore reaching the airport terminal in time. Customers are also informed that SEA declines any and all responsibility should these operations require more time than estimated due to particular circumstances or high traffic volume. The Customer has sole responsibility for accounting for such possibilities and arriving at the parking facility well in advance of the check-in time for his/her flight.
2.1.10 In reference to any parking facilities operated by third-party companies, the Customer acknowledges and accepts that SEA declines any and all responsibility regarding the organisation and management of said parking facilities and under no circumstances will be held liable for problems or inconveniences suffered by the Customer and/or the User in relation to the parking facility operated by a third-party company. The Customer acknowledges that in such case the Parking Areas are provided directly by third-party companies.
2.1.11 In order to avoid the surcharge of the car park fee applied through the electronic devices payment system, Customers with electronic devices must ensure that they block the relevant device – using the specific electronic devices cover – before approaching the lanes using said payment system. In fact, SEA will not be liable for the aforementioned possible surcharge made by the electronic toll collection provider.
2.1.12 If a Customer who has purchased a ticket at the "web" fee is asked to make an additional payment when exiting the car park, the Customer shall contact the car park operator using the appropriate button on the exit totems or on the automatic payment booths in order to resolve the issue. By holding the key pressed, the Customer will activate an automated voice that will inform him/her that his/her request for assistance is being processed and will receive remote assistance.
2.2 Milan Airports Vip Lounges
2.2.1 The purchase of the Milan Airports Vip Lounges service grants access exclusively to the VIP lounge specified in the Acceptance Email.
The Milan Airports Vip Lounges service must be used by the date indicated in the documents sent with the Acceptance Email. The Customer may either directly use the purchased service or choose to transfer it free of charge to a third party; however, the resale of services is expressly prohibited. Therefore, the services may not be resold, exchanged for money, used for unauthorized commercial purposes, or utilized in any manner otherwise prohibited by these General Terms and Conditions.
2.2.2 The Milan Airports Vip Lounge service can be used by the date indicated in the documents sent with the Order Confirmation E-mail. The ticket may state the maximum time that a ticket holder can spend in the lounge.
2.2.3 If a lounge is added to a parking reservation, access to the lounge will only be possible from the selected date for parking entry.
2.2.4 Before placing an Order, the Customer must carefully read the VIP Lounge Rules ("VIP Lounge Rules") published on the Website and also available in the VIP lounges. By accepting these General Conditions, the Customer implicitly also accepts the Vip Lounge Rules.
2.2.5 In order to gain access to the VIP Lounge indicated in the Order Confirmation E-mail, the Customer must show his/her boarding pass.
2.3 Milan Airports Fast Track
2.3.1 The purchase of the Milan Airports Fast Track service grants expedited access to security checkpoints through the "Fast Track" lanes specified in the Acceptance Email.
The Milan Airports Fast Track service must be used by the date indicated in the documents sent with the Acceptance Email. The Customer may either directly use the purchased service or choose to transfer it free of charge to a third party; however, the resale of services is expressly prohibited. Therefore, the services may not be resold, exchanged for money, used for unauthorized commercial purposes, or utilized in any manner otherwise prohibited by these General Terms and Conditions.
2.3.2 Before placing an Order, the Customer must carefully read the Fast Track rules (the ''Fast Track Rules") published on the Website. The Customer declares that by accepting these General Conditions, it also accepts the Fast Track Rules.
2.3.3 Access by children age two years and below is free of charge.
2.4 Car Valet
2.4.1 The Car Valet service offered by SEA consists in (i) Milan Linate airport staff taking the Customer’s car so as to allow him/her immediate access to the check-in area; and (ii) once the parking period is over, subsequently returning to the Customer the keys of the car parked at the airport in question, in the specific spaces identified for this purpose as Car Valet spaces. The service includes the collection of the car, covered and unattended parking for the purchased time, and the return of the car within the time specified by the Customer at the time of purchase (the "Car Valet Service").
2.4.1.1 Offer of the service depends on the actual availability of parking spaces and will be available at the times indicated on the website www.milanairports-shop.com/it/parcheggi/parcheggi-linate.
2.4.1.2 The Customer may only place one Car Valet service in the shopping cart at a time and may purchase it together with other products available on the Website.
2.4.1.3 The Car Valet service must be purchased at least 2.5 hours prior to the when it is to be provided.
2.4.1.4 “Web” fees for the Car Valet Service are available on the Website and refer to a 24 (twenty-four) hour period. Prices are subject to change. The prices displayed are valid only at the time of the Order. The number of “days” (24-hour periods) charged to the Customer upon submission of the Order is calculated based on the times selected at the time of purchase. If the time of return of the vehicle differs from the time selected by the Customer upon submission of the Order and, as a result of this, the actual period of use of the Car Valet Service exceeds the 24 (twenty-four) hour periods selected at the time of the Order, the Customer shall be charged the daily fee (24 hours) for the excess parking hours. This amount – to be calculated on the basis of the fees for the service displayed on the Website and applicable to the additional parking period – shall be paid by the Customer to SEA upon returning the car, directly at the parking tool booth inside the Milan Linate airport, which will be open 24 hours a day, seven days a week.
2.4.2 The service shall be provided by SEA in accordance with the "General Conditions of Car Valet Service" available on the Car Valet Rules Web page, to which reference is made in full.
2.4.3 Once the purchase has been completed, the Customer will receive a recap and an Order Confirmation E-mail containing an e-ticket, which must be printed out and handed over by the User to the designated staff member in the area indicated in the instructions on the e-ticket. The e-ticket is not transferable and can only be used by the Customer. However, reservations may be modified and changed with respect to what is stated in the e-ticket. For this purpose, please refer to point 4.3 of these General Conditions of Online Sale below.
2.4.4 Before placing an Order, the Customer shall carefully read the General Conditions of the Car Valet service. The Customer furthermore declares that by accepting these General Conditions, it also accepts the General Conditions of the Car Valet Service.
2.5 Luggage wrapping
2.5.1 The Trawell Co SafeBag service allows the User to have his/her luggage wrapped by specific machines located at the airports of Milan Linate and Milan Malpensa and to take advantage of a series of additional assistance services as better indicated on the Trawell Co website ( https://www.trawellco.com/it/)
2.5.2 The service will be provided by the company Trawell Co in accordance with the contractual conditions ("Trawell Co Contractual Conditions") and the information available on the https://www.trawellco.com/it/ web page, to which reference is made in full. Under no circumstances may SEA be held liable for the quality of the Trawell Co SafeBag service and/or the truthfulness, accuracy and completeness of the Trawell Co SafeBag service information material and/or information available at https://www.trawellco.com/it/ and/or the conformity of the Trawell Co SafeBag service to the information material and/or non-fulfilment by Trawell Co of the Trawell Co Contractual Conditions. Under no circumstances may SEA be held liable for any damages suffered by the Customer or third parties and deriving from the use and/or improper functioning of the Trawell Co SafeBag service.
2.5.3 The Customer will receive a code in the Order Confirmation E-mail that must be printed and handed over by the User to the Trawell Co SafeBag staff present on site at the Milan Malpensa and Milan Linate airports.
The code for the Trawell Co SafeBag service is valid for 3 (three) months from the date of purchase only for the price specified in the Order Confirmation E-mail.
2.5.4 The Customer shall carefully read the Trawell Co Contractual Conditions before placing an Order. By accepting these General Conditions, the Customer implicitly also accepts the Trawell Co Contractual Conditions.
3. Contract finalisation
3.1 In order to have access to the Portal, the Customer must register, filling in all the fields indicated as "required".
3.2 Following registration, the Customer will receive its log-in credentials to the Portal at the e-mail address provided during registration. It is understood that when accessing the Portal for the first time and before placing an Order, the Customer must carefully read and accept these General Conditions and the Privacy Policy.
3.3 The essential characteristics of the purchased Service(s) and the relevant price(s) will be indicated on the Purchase Recap Display. It is understood that the information published on the Purchase Recap Display does not constitute a proposal by SEA.
3.4 In order to place the Order, the Customer shall (i) select the Services it intends to purchase by clicking on "Add to Cart"; (ii) accept these General Conditions; (iii) select the payment method; and (iv) place the Order with SEA.
3.5 The placing of an Order by the Customer constitutes a contractual proposal, made by the Customer to SEA and binding on the Customer, for the purchase of the Services specifically identified in the Purchase Recap Display. The placing of the Order by the Customer implies an obligation for the Customer to pay the due purchase prices.
3.6 With the successful completion of the purchase of the Services, as shown on the corresponding order confirmation page, the contract between the Customer and SEA is deemed to have been entered into. SEA will communicate the Order details to the Customer at the email address provided during the purchase process.
3.7 SEA reserves the right not to accept the Customer's Order in the event of:
- unavailability of the Services selected by the Customer;
- unsuccessful payment (for example, following charging of the fees on the Customer's credit card);
- the Customer has previously defaulted towards SEA.
3.8 With the Order Confirmation E-mail for the Order, in confirming to the Customer the finalisation of the Contract, SEA shall provide the Customer with the following information in addition to these General Conditions:
- a summary of the main characteristics of the Service(s) purchased;
- the total price of the Service(s) including taxes or fees;
- a purchase code to be used in any further communication with SEA relating to the Service(s) purchased;
- a processed transaction code;
- a barcode (in the case of purchase of Milan Airports Lounges, Milan Airports Fast Track and Milan Airports Parking services);
3.9 Customers that purchase several Services in a single transaction shall receive all the information referred to in Article 3.8 above in a single Order Confirmation E-mail.
4. Fees - Payment methods
4.1 The fees due for each Service purchased shall be specifically stated on the Purchase Recap Display in euros and shall include all applicable taxes and levies.
4.2 Customers who choose to purchase the Services on the Website may have the option of one or more fee plan categories upon submission of the Order. The Customer’s choice of the fee plan category and service implies acceptance of the rules associated with the fee plan as described on the Website for each fee plan category and service. The fees for the Services are flexible and therefore subject to change without notice, and shall be updated from time to time within the Website and, in any event, communicated to the Customer prior to the purchase of the Services.
4.3 In the event of purchase of Milan Airports Parking services, the Customer may, within 3 hours of the time of entry in the Parking Area purchased, make a booking change, changing the date and time of entry and exit. It is understood that Customers having purchased access to Parking Areas at Bergamo Orio al Serio airport may only change their reservation with access to Parking Areas located at the same airport and that Customers having purchased access to Parking Areas at Milan Malpensa and Milan Linate airports may change the reservation at one of the two airports. Reservations may be changed by accessing the Website and entering the "My Purchases" section.
The Customer acknowledges and accepts that any change in the duration, dates, or times of a booking may result in a recalculation of the entire parking rate and thus the payment of a rate difference.
In this regard, the Customer acknowledges and also accepts that: (i) if the booking change results in a new purchase amounting to less than the original amount purchased, SEA will not refund any amount to the Customer, and (ii) if the booking change results in a new purchase amounting to more than the originally purchased amount, the Customer will be required to pay SEA the difference between the amount of the new purchase and the original amount subject to the booking change.
4.4 To pay the amounts due, the Customer can choose one of the payment methods provided by SEA and indicated on the Website. In particular, the following credit cards are accepted: Visa, MasterCard, American Express, Diners and bank transfer via MyBank. The Customer may also make a bank transfer without using the MyBank system to the account provided by SEA for an amount agreed from time to time with SEA (“Credit”). The e-invoice will be issued by SEA in off-line mode and will be sent to the Customer via SDI directly to its tax box. The Credit will be used to recharge the E-Wallet of SEA, SACBO or both (according to the Customer's request) and can be used to purchase the Milan Airports Parking Service on the Website until the Credit has run out.
To use the SEA Wallet, the Customer may only place the Linate and Malpensa Car Parks in the cart, while to use the SACBO Wallet the Customer may only place the Bergamo Orio al Serio Car Parks in the cart. If the remaining credit is not sufficient to make a new purchase, the Customer must make a new transfer to supplement the Credit.
The Credit is not refundable by SEA, not even partially, if it is not used by the Customer.
4.5 SEA outsources to a leading banking institution the system for handling all online payments.
4.6 At no point in the purchasing process does SEA have access to information regarding the Customer's credit card, 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. As such, 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 on the Website.
5. Privacy
5.1 In fulfilment of the contractual obligations, and in compliance with European Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR), as well as in compliance with the applicable current Italian legislation, SEA, as the Data Controller, will collect and process the personal data of Customers voluntarily disclosed by them when purchasing a service on the Website.
5.2 In accordance with the provisions of Articles 13 and 14 of the GDPR, as well as the applicable current Italian legislation, all information concerning (among other things) the purposes for which the Customer's data is processed, the mandatory or optional nature of the data provided, the subjects to whom such data may be provided, the Customer's rights (including any changes to said data or their erasure), as well as the SEA cookies policy, are contained in the SEA Privacy Policy, which the Customer is expressly invited to read before purchasing a service on the Website.
6. Customer's Obligations
6.1 When conducting searches and processing bookings and purchase orders, the Customer will use the web application under a non-exclusive and temporary license granted for the duration of the operation.
The Customer is prohibited from modifying, reusing, copying, distributing, transmitting, reproducing, publishing, sublicensing, creating derivative works, transferring, or selling, or in any case using for any commercial or non-personal purposes the information, data, content, software, systems, or products obtained or made available to them through the Website.
6.2 All rights of the Customer and the User to any compensation for damages or any indemnification – as well as any contractual or extra-contractual liability of SEA – for direct or indirect damages to persons and/or property, caused by the rejection of an Order, including partially, are hereby excluded.
6.3 The Customer agrees to use the purchased Services exclusively for the purposes specified in these General Terms and Conditions.The Customer further agrees not to transfer or resell the purchased Services to third parties.
7. Liability
7.1 It is expressly understood that no liability can be ascribed to SEA in the event of theft of or damage to parked vehicles and with regard to the organisation and management of the Car Parks.
Under no circumstances may SEA be held liable for any inconvenience or mishaps suffered by Customers.
8. Termination and withdrawal
8.1 Termination
SEA may terminate these General Conditions, by means of a notice sent by certified e-mail (PEC), pursuant to and for the purposes of Article 1456 of the Italian Civil Code, in addition to the cases already described in the previous articles, also in the event that:
- the Customer are charged with sanctions and/or involved in law suits under current legislation concerning the fight against organised crime;
- the Customer engages in any act that may harm SEA's brand image or that in any case may be detrimental to its business or corporate structure or may impair the performance of this contract in any way;
- the General Conditions or the rights arising therefrom are transferred, in whole or in part, in any capacity whatsoever, including free of charge, without formal written authorisation by SEA;
- the obligations under Article 6 are breached by the Customer.
Should any of the aforementioned circumstances apply, the Customer's right to the distribution of the Services shall cease accordingly.
In any event, the Customer shall indemnify SEA for any damage, loss, or cost that may result
for it and/or third parties from such breaches.
8.2 Withdrawal
SEA may withdraw from these General Conditions with immediate effect in the event of termination or revocation, for any reason whatsoever, of the Agreement or repeal (in whole or in part) of the Authorisation Law, under which SEA operates the Milan Linate and Milan Malpensa airports.
9. General provisions
9.1 The acceptance of these General Terms and Conditions is required for the submission of the Order. The General Terms and Conditions may be subject to changes, and the most updated version will always be available on the Website in the "Terms and Conditions of Sale" section. SEA reserves the right to modify these General Terms and Conditions at any time without prior notice, provided that the Customer’s purchase, validated by SEA in accordance with the provisions outlined in these General Terms and Conditions, will be governed by the General Terms and Conditions contained in the Acceptance Email.
9.2 SEA reserves the right, at its sole discretion, to suspend the accounts of Customers who fail to comply with all the provisions of these General Terms and Conditions and/or whose conduct is found to be inconsistent with legal regulations or any other applicable provisions.
9.3 By purchasing the service, the Customer declares to be at least 18 years old.
9.4 By accepting these General Terms and Conditions, the Customer agrees to the terms and conditions of use of the Website, which can be viewed in the "Legal Notices" section.
9.5 These General Terms and Conditions are governed by the provisions on distance sales contained in Chapter I of Title III of Part III of the Consumer Code (Legislative Decree No. 206/2005) and by the regulations on e-commerce provided by Legislative Decree No. 80/2003.
9.6 For any needs or complaints related to the purchase of Services on the Website, the Customer can contact SEA using the online form available by clicking on "CONTACT US" on the page www.milanairports-shop.com/it/info-e-supporto/contatti-e-faq.
9.7 The nullity, even partial, of one or more clauses of these General Terms and Conditions will not entail the nullity of the same, nor that of the remaining partially null clause.
9.8 In the event of an error during the submission of the Order, the Customer will see an on-screen notification informing them of the failure to submit the Order.
10. Applicable law and Court of Jurisdiction
10.1 The Court of Milan shall have exclusive jurisdiction for civil disputes arising in connection with these General Conditions.
10.2 These General Conditions are governed by Italian law.
10.3 Excluding as expressly provided in this contract, reference is made to the Italian Civil Code, Book IV, Chapter II.
11. Compliance with the Organisation and Management Model pursuant to Legislative Decree 231/2001 and the Management System for the Prevention of Corruption
11.1 The Customer declares and guarantees that he/she is aware of and complies with the legislation on the administrative liability of legal persons, in particular, the provisions of Legislative Decree 231/2001 ("Decree") and the anti-corruption legislation, in force from time to time.
(“Company” or “SEA”) declares and acknowledges (i) that it has adopted the Organization and Management Model pursuant to Legislative Decree
11.2 (“Model 231/2001”) available on the SEA website at the following address https://milanairports.com/it/governance/etica-e-compliance/modello-di-organizzazione-e-gestione; (ii) that it has adopted a Management System for the Prevention of Corruption certified UNI ISO 231 “Anti Bribery Management System”, of which the Corruption Prevention Policy is an essential component and is available on SEA's website at https://milanairports.com/it/governance/etica-e-compliance/sistema-di-gestione-la-prevenzione-della-corruzione (“Policy”); (iii) that it has appointed a supervisory body pursuant to Legislative Decree 37001:2016 (“SB”) to supervise compliance with and effective implementation of Model 231/2001 by all recipients, as well as (iv) to have implemented company safeguards (including, by way of example, procedures) suitable for preventing the commission, including in the form of an attempt, of the offences envisaged in Model 231, and in relation to which the sanctions provided for by the Decree apply, and the corruption offences and prohibited conduct provided for by the Management System for the Prevention of Corruption and by Politics.
11.3 The Customer therefore declares that it has been made aware by SEA of (i) the adoption of Model 231 and (ii) the adoption of the Management System for the Prevention of Corruption and the related Policy, which constitute an integral and substantial part of these General Conditions and regarding which the Customer expressly undertakes to comply with all its provisions.
In particular, the Customer shall:
a. not practice or tolerate, including insofar as pertains to its supply chain, any form of bribery, either in general within the scope of their activities or in particular in order to secure contracts from SEA.
b. abide with Model 231 by complying with the ethical principles and rules of conduct indicated therein, as well as its safeguards, in particular, by way of example, SEA's corporate procedures;
c. report directly and without delay to the SB any violations of Model 231 and/or its safeguards (including, by way of example, SEA's corporate procedures) of which it becomes aware, through the dedicated whistleblowing channel available on the SEA website at https://milanairports.com/it/governance/etica-e-compliance/whistleblowing
d. comply with requests for information or submission of documents from SEA and/or from the SB;
e. find out about updates and amendments to Model 231 and the Policy by acquiring them on the SEA website.
11.4. If the Customer and its employees/collaborators i) fail to comply with the obligations assumed with this clause, or ii) engage in conduct that, at SEA's discretion, is contrary to the provisions of Model 231 and the Policy, SEA shall have the right to declare documents of the General Conditions terminated by law pursuant to and for the purposes of Article 1456 of the Italian Civil Code and to adopt all legal remedies as well as all the remedies contractually provided for to protect one's rights, interests, image and reputation, thus also being able to act for compensation for any further damages suffered.
12. Code of ethics and legislation against organised crime
12.1 The Customer declares and guarantees that it is aware of and complies with the legislation against organised crime in force from time to time and that it always carries out its actions so as to ensure their integrity, ethics, honesty, transparency and good faith, to this end adopting suitable and adequate corporate governance tools; the Customer also declares and guarantees that it always carries out its business in a manner that is consistent with best practices in terms of ethics, also with reference to its supply chain.
12.2 With the aim of inspiring its activities to the highest ethical standards, SEA has adopted a code of ethics ("Code"), published on its website at the following address https://milanairports.com/it/governance/etica-e-compliance/codice-etico to be considered an integral and substantial part of these General Terms and Conditions. In this regard, it is understood that the Code of Ethics includes all the principles enshrined in the legislation against organised crime in force from time to time and that SEA does and respects with a view to countering the phenomenon of infiltration by organised crime in the context of measures to combat such crime.
SEA therefore undertakes to establish relationships only and exclusively with parties that meet the requirements set out in the aforementioned legislation against organised crime.
To that end: (i) it shall verify the Contractor's regular inclusion in the White List, where applicable; or (ii) consult the "National Antimafia Database" to ascertain the non-existence of any cause of disqualification, suspension, prohibition or attempted mafia infiltration. The Contractor shall, in any case, act in accordance with the provisions of the legislation against organised crime.
12.3 The Customer declares that no mediation or other intervention by third parties has occurred to finalise the Contract, that it has not paid, nor will it pay, any party, directly or through any intermediary, sums and/or other consideration by way of intermediation or similar sums and in any case aimed at facilitating the finalisation of the Contract.
12.4 The Customer therefore declares that it has been informed by SEA of the adoption of the Code of Ethics, which is an integral and substantial part of these General Conditions and of which the Supplier expressly undertakes to comply with all the provisions.
In particular, the Customer shall:
a. not practice or tolerate, including insofar as pertains to its supply chain, any form of bribery, either in general within the scope of their activities or in particular in order to secure contracts from SEA;
b. abide with the Code of Ethics by complying with the ethical principles and rules of conduct indicated therein;
c. report directly and without delay to SEA's Ethics Committee any violations of the Code of which it becomes aware through the dedicated whistleblowing channel available on SEA's website at https://milanairports.com/it/governance/etica-e-compliance/whistleblowing
d. comply with requests for information or submission of documents from SEA and/or from SEA’s Ethics Committee;
e. find out about updates and amendments to the Code, obtaining the updated text on the SEA website.
12.5 If the Customer and its employees/collaborators i) fail to comply with the obligations assumed with this clause, or ii) engage in conduct that, at SEA's discretion, is contrary to the provisions of Model 231 and the Policy, SEA shall have the right to declare documents of the General Conditions terminated by law pursuant to and for the purposes of Article 1456 of the Italian Civil Code and to adopt all legal remedies as well as all the remedies contractually provided for to protect one's rights, interests, image and reputation, thus also being able to act for compensation for any further damages suffered.