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General Terms and Conditions (GT&C)

The following General Terms and Conditions (GT&C) - and the successive changes - apply to all services made available online by the Lugano Tourist Board, using any mobile device, via e-mail or telephone. By accessing the website www.luganoturismo.ch and its affiliated sites, visiting, using and/or using any one of the applications available through any platform (hereinafter referred to as the "Website"), and/or making a reservation, you acknowledge that you have read, understood and accepted the terms and conditions set out below (including the Privacy Policy).

These pages, their contents, their structure and the service of online reservation of accommodation facilities provided on and through this website are owned, managed and offered by the Lugano Tourist Board, hereinafter referred to as ETL.

Changes

ETL reserves the right, at its sole discretion, to modify these Terms and Conditions at any time and without prior notification. In the case where ETL should modify these GT&C, they will publish these changes on the website, or will provide notice of the changes. ETL will also update the date of the "last update" indicated at the beginning of these GT&C. By continuing to access or use the website after the publication of an amendment, you confirm to accept and be bound by these GT&C as modified.

1. Object of the service

Through the website, ETL provides an online platform that enables all types of accommodation facilities and service providers to advertise their booking offers and for visitors of the site to make reservations. By making a reservation through the website a direct contractual relationship (legally binding) is established with the accommodation or the service provider with which the reservation was made. ETL is involved only as an intermediary between the visitor and the accommodation or the service provider, transmitting to the structure the relevant booking details and sending an e-mail confirmation for and on behalf of the accommodation or service provider.

ETL, in providing its services, discloses the data that has been supplied by the accommodation structures and by the service providers. The accommodation structures and partners are therefore given access to an extranet, of which they are totally responsible for updating rates, availability and other information displayed on the website of ETL. Regarding this information, ETL is unable to verify and ensure the accuracy and completeness and correctness of information, nor can it be held responsible for any error - including typing errors - interruption of the service, whether due to a temporary and/or partial fault, repair, upgrade or maintenance of the website or other, as well as for inaccurate, misleading or false information, or for delivery failure. Each accommodation or service provider is completely responsible for the accuracy, completeness and correctness of the descriptive information, including rates and availability displayed on the ETL website.

The services of ETL are available for personal use only, and it is prohibited to resell, use, copy, insert deep-links, monitor (using, for example, Spider or Scrape), view, download or reproduce any content or information, software, product or service available on the site of ETL for any type of activity having a commercial or competitive aim.

2. Tariffs and prices

Rates and prices published on the website are intended for the entire stay and for any other selected services, and are expressed in Swiss francs, inclusive of VAT and all other taxes (excluding city tax per person and per night), if not otherwise indicated on the site or on your confirmation email. The accommodation or the service provider may charge to the service user any costs applicable for no-show or in case of cancellation of the reservation.

The proposed rates published on the ETL site by the accommodation or service providers may involve restrictions and special conditions, for example in the case of cancellation, change of booking and/or reimbursement. Before making your reservation, we invite you to carefully verify the presence of these conditions regarding the room rates, special offers and/or promotions.

The obvious errors are not binding, including those in print.

All the special offers and promotions are specified as such.

Foreign Currency

The website facilitates reservations between users and service providers, allowing you to pay in currencies other than the currency of the destination, which could require conversion into the preferred foreign currency.

Even if the ETL website allows users to view the price of tenders in a number of currencies, the available currencies in which you are able to make and receive payments may be limited and may not include the currency of a specific geographical area.

3. Privacy and Cookies

The website respects privacy in accordance with Swiss law. We invite you to consult the rules on privacy and about cookies for more information.

4. Free service

The service of the ETL is free because it does not charge any fee for the service offered. ETL will not apply any additional cost to the reservation, the room rate or the prices of service providers.

5. Methods of payment

Some facilities may provide and make available the possibility to offer reservations to be paid totally or partially (as envisaged by the payment conditions of the structure) to the structure during the booking process, through a mode of secure online payment (insofar as this function is offered and supported by the bank). The fee is charged in a secure manner on the credit/debit card or on the bank account of the purchaser, and credited to the bank account of the structure.

For some rates (non-refundable) or special offers, an advance payment by credit card may be required. In the case of use of a credit card, this could be pre-authorised or charged (sometimes without the possibility of reimbursement) at the time of booking. Before booking, please carefully check the presence of these conditions regarding the room and rates.

The acceptance of these GT&C applies as prior authorisation for the credit institution to use the data entered by you in case of the application of criminal law.

The data collected, unless obliged by law, will immediately be deleted upon completion of the booking.

The released data is managed by reservation systems that comply with the PCI DSS, the Payment Card Industry Data Security Standard).All operations are made through secure connections and SSL (Security Socket Layer) security codes and HTTPS (secure HTTP). ETL assumes no responsibility for the eventuality of scams, fraud or abuse by third parties of credit card data collected at the time of booking.

6. Cancellation and No-Show

By making a reservation at an accommodation structure or with a service provider, you accept and approve the rules for their cancellation and no-show policy applied by vendors and any other regulations or additional condition applicable to the booking or during your stay.

The general rules for cancellation and no-show for an accommodation or service provider are noted on the ETL website’s information pages regarding the provider and, during the booking process. For some rooms, rates, special offers and/or promotions cancellations or changes are not allowed. In case of cancellation or no-show, the structure or the service provider can still charge the tourist tax.

Before making your reservation, we invite you to carefully check the conditions regarding the room rates, special offers and/or promotions.

If the booking requires an advance on the payment or a total or partial advance payment, this can be cancelled (without a previous notification of breach or notice) in the case in which the remaining amount cannot be withdrawn in full by the date, as envisaged by the conditions of payment of the structure and as specified for the reservation. A late payment, incorrect bank account or credit/debit card data, invalid credit/debit card data or insufficient funds put the booking at risk and may result in the refusal of a reimbursement of any prepayment (non-refundable) unless the structure agrees to make the refund or permits other solutions provided by its terms of payment and cancellation.

7. Correspondence and further communications

By making a reservation, you agree to receive further communications and/or information from ETL.

ETL is not liable in respect of communications with the accommodation that are transmitted on or through its platforms. It is not possible to assert claims linked to requests or direct communications to the accommodation structure, or linked to any form of notification of receipt of requests or communications. ETL cannot guarantee that every request or communication is received, read, considered, performed or accepted by the accommodation in a precise and punctual manner.

In order to complement and successfully complete the reservation a valid email address must be provided. ETL is not responsible in the event of missing or incorrect e-mail addresses, phone numbers or credit card numbers, nor has the obligation to verify their existence or correctness.

8. Liability disclaimer

Subject to the limitations and the details set out in the cases provided for by these terms and conditions and to the extent permitted by law, ETL is responsible only for direct damages actually suffered, paid or to eventually met, due to a failure to comply with obligations in respect of the services that ETL had to meet. The compensation may be up to the total amount of the cost of the reservation as stated in the confirmation e-mail (or for one particular event or series of connected events).

However, and as permitted by law, neither ETL nor any of its workers, managers, employees, representatives, affiliated partners (distribution), license holders, agents or persons involved in the production, sponsorship, promotion or disclosure of the site and its content will be considered responsible for (i) loss or punitive, special, indirect or consequential damages, loss of production, profits, income or contract, injury or damage to the good name and reputation, loss of entitlement, (ii) the inadequacy of the information (descriptive) of the accommodation (concerning the rates, availability and classification), made available on the Website, (iii) the services or products offered by the structure or from trading partners, (iv) damage (direct or indirect, consequential or punitive damages), losses or costs suffered, paid or to which have been encountered as a result of the inability to use or through delay of the website, but resulting from or connected with the use or (v) physical injury, death, damage to property or other types of damages (direct, indirect, special, consequential or punitive damages), losses or costs incurred, paid or met, actions (legal), errors, breaches, faults (serious), intentional mismanagement, omissions, negligence, false declaration, civil or objective liability for an unlawful act attributable (partially or totally) to the structure or one of the other trading partners (or their employees, directors, officers, agents, representatives or affiliated companies), whose products or services are directly or indirectly made available, offered or advertised on the website or through it, including cancellations (partial), overbooking, strikes, force majeure or any other event outside our control.

Whether the accommodation charges (or has already charged) the cost of accommodation or whether the payment is managed by ETL, in both cases you must accept and declare to have understood that it is always the responsibility of the structure to collect, retain, send and pay to the competent authorities the applicable taxes, calculated on the basis of the total price of the room.

Loading photos/images onto our system (for example, attaching a review) is to certify, ensure and declare to own the copyright on the photos/images, and it is accepted that ETL can use the photos/images on its site (also mobile) and on its app for promotional material and publication both online and offline, in ways that ETL considers appropriate. ETL is thereby granted, in a manner not exclusive but complete, irrevocable, unconditional and perpetual, the right and license to use, reproduce, show, allow reproduction of, distribute, sublicense, communicate and make available the photos/images in a manner that ETL considers appropriate. The person who uploads photos/images assumes full responsibility for the legal and moral right to any claim made by third parties (including, but not exclusive to, the owners of accommodation facilities) following the publication and use of photos/images by ETL. The website does not have nor endorses the photos/images uploaded. The accuracy, validity and the right to use all photos/images are guaranteed by the person who uploads the photos/images, and is not the responsibility of ETL.

ETL rejects any liability arising from the photos/images published. The person who uploads photos/images ensures that these do not contain any viruses, trojan or infected files, nor pornographic material, illegal, obscene, offensive, in bad taste or inappropriate and that the photos/images will not infringe any intellectual property rights, copyright or privacy of third parties. The photos/images that do not meet the criteria listed above will not be used and/or can be removed/deleted from ETL at any time and without notice.

9. Intellectual Property Rights

Unless otherwise specified, the software required to provide the services used by the website and the copyright of the content (including copyright), the information and material on this site are the property of ETL.

ETL exclusively holds all rights, titles and interests of the material and in respect of all intellectual property rights relating to the graphic aspect and the general interface (including infrastructure) of the website through which the service is made available (including guest reviews and translated content). Nobody is authorised to copy, obtain, provide through link, publish, promote, integrate, use, combine, nor in any other way to use the contents of the website (translations and guest reviews included) or the brand in the absence of an express written approval by ETL.
In the case in which a person uses or combines (partly or totally) content (including guest reviews and translations) or in any other way takes possession of any intellectual property right of the site or any content (or translation), it will assign, transfer and dispose entirely such intellectual property rights to ETL.

Any use that does not conform to the law or to any of the actions or behaviours mentioned above constitutes a material breach of intellectual property rights (including rights of copyright and the protection of databases).

10. Various

To the extent permitted by applicable law, these terms and conditions and the provision of services will be governed by and construed in accordance with Swiss law.

In the event that any of the clauses of the present General Terms and Conditions is not valid, loses validity, is or becomes not binding, you will continue to follow all the other clauses laid down herein. In this case ETL will replace the aforementioned clause with a clause that is valid and binding, which has an effect as much as possible similar to the one being replaced and that the visitor / service user will undertake to accept in respect of the content and the aims of the present General Terms and Conditions.