NEXT GEN ATP Finals
Milan, 5-9 November 2019
General Conditions for the Sale of Tickets and the Entrance to the Venue
1. For the purposes of the interpretation and application of these General Conditions, the expressions below shall have the following meaning:
- ATP: means the governing body, incorporated under the laws of England and Wales, of the international men’s professional tennis circuit known as the “ATP World Tour”;
- Court: means the tennis courts located inside the Venue where the Matches take place;
- Event: means the sports event called “NEXT GEN ATP Finals”, which is participated by the best under 21 ATP World Tour’s tennis players; the Event is scheduled to take place at the Venue, from 5 to 9 November 2019;
- General Conditions: means these general conditions for the sale and access to the Venue, to which all Users are subject;
- Match: means each tennis match that takes place during the Event;
- Organiser: means Federazione Italiana Tennis (a private law association with legal personality constituted by all the affiliated sporting clubs and associations which practice tennis, beach tennis, paddle and wheelchair tennis in Italy), which has been granted by ATP the right to host and organise the Event;
- Pass: means the personal accreditation issued by the Organiser and allowing its holder to access the Venue on the date and within the limits of the areas specifically indicated on the Pass in question;
- Ticket: means the admission ticket, which may also be issued electronically, that allows its holder to access the Venue as well as to attend any Matches on the date and at the session indicated on the Ticket in question;
- User: means any individual in possession of the Ticket or Pass;
- Venue: means the area where the Event takes place and which the User may access if in possession of a Ticket or Pass;
2. These General Conditions, which are displayed at the entrance of the Venue and published on the Websites, regulate the sale of the Tickets and the access to the Venue. These General Conditions supplement the general conditions applied by the parties, other than the Organiser, authorised to sell the Tickets.
3. In order to be admitted and remain inside the Venue and the Courts, the Users shall be in possession of a Ticket or Pass. Without prejudice to paragraph 4 below, each Ticket is only valid for the date and seat indicated thereon. In the event that a Ticket is not used, it is forbidden to replace or to convert such ticket into another valid Ticket for a subsequent date or session or for a different Court.
4. When necessary for technical or organisational reasons, the Organiser reserves the right to assign to the Users in possession of a Ticket – for the date indicated thereon – seats or rows of seats other than the ones indicated on the Ticket in question. Where the assignment of a seat of equal or higher category compared to the one of the seats indicated on the purchased Ticket cannot be guaranteed, the Organiser shall refund the User only for the difference between the price of the purchased Ticket and the price of the Ticket assigned by replacement, net of any pre-sale costs.
5. The price of the Ticket will be refunded by the Organiser, net of any pre-sale costs, only if none of the Matches scheduled on the day and in the session indicated on the Ticket takes place. In the event that the Matches for which the Ticket was purchased take place – for any technical or organisational reasons – at hours other than the ones originally scheduled, under no circumstances the User shall be entitled to be refunded for the cost of the Ticket (or to its replacement). In the event of injury or withdrawal for other reasons, ATP reserves the right to provide alternative participants to those advertised for the Event, and the appearance and participation of such alternates shall not give rise to the right or claim for any refund or exchange.
6. The User, whose Ticket has been stolen, lost, destroyed, deteriorated or damaged so as to render it, even partially, illegible, shall not be entitled to claim any refund or replacement thereof, not even after having reported such loss or theft to the competent public authorities. Furthermore, there will be no refund for the Tickets purchased and not withdrawn.
7. The Ticket or Pass shall be displayed every time they are requested by the personnel responsible for the inspection. The User without a Ticket or Pass, or with a deteriorated or damaged Ticket or Pass, which is even partially illegible, shall be accompanied outside the Venue.
8. Each Ticket gives the right to access the Venue, only once; consequently, in the absence of a prior written consent from the Organiser, the User that left the Venue shall not be permitted to enter the Venue again, by exhibiting the same Ticket.
9. The Ticket shall be purchased, against the payment of the price indicated thereon, by means of the authorised sales channels. In the event the User has a Ticket purchased from a party unauthorised to sell it, the personnel responsible for the inspection may prevent the User from accessing or staying at the Venue.
10. “NEXT GEN ATP Finals” is a trademark belonging to ATP which retains all rights in law.
ATP and FIT hold the rights related to the Matches and, more generally, the Event. The taking of pictures and the recording of videos or audios of the Matches or of the other events that will take place, during the Event, inside the Venue (such as interviews, cultural events, advertising, etc.) are permitted by the Organiser only if done for personal purposes. Unless previously authorised in writing by the Organiser, the User shall not use pictures or video and audio recordings of the Event for commercial or advertising purposes, nor shall the User be permitted to disseminate said pictures or recordings on broadcasting platforms (for instance, social networks or video-sharing websites such as, without limitation, www.youtube.com) that do not allow limiting the dissemination exclusively within a personal context. The use of the laptop or other mobile electronic devices is forbidden inside the stands of the Court when the Matches are taking place; with the exception, however, of the authorised media, the sellers and the Event staff that use such devices exclusively for fulfilling their duties.
11. “CCTV” cameras can be installed inside the Venue for security reasons. The Organiser and the parties appointed thereby may also record videos and take pictures of the Event. The User accepts to be taken pictures of, to be recorded and filmed during the Event by the Organiser or by the parties appointed thereby, and to have its own picture and voice, even altered electronically, inside audio-video recordings (all of which referred to as “Recordings”) intended for broadcasting, also TV broadcasting, or for other kind of dissemination on the social channels. The User expressly authorises the Organiser to publish, disseminate and commercially exploit, by any means and without time limits, its own voice and picture possibly enclosed with the Recordings, by declaring, as of now, to have no claims to put forward relying on the authorisation above and to irrevocably waive the right to any economic claim deriving from the dissemination and advertising of its picture and voice, also for advertising or commercial purposes, pursued at any time and place, in relation to the Event.
12. It is forbidden for the User to bet or accept bets, directly or by means of intermediaries, or to facilitate bets of other parties by actions operational at their completion, inside the Venue.
13. It is forbidden for the User to collect, disseminate, broadcast or publish, by any means, scores and statistical data related to the Matches (to commence on their start and to end on their completion) for commercial or gambling purposes, inside the Venue.
14. For security reasons and in application of the Decree Law No. 28/2003 (concerning “Urgent measures to fight violence at sports competitions”), converted into law with amendments by Law No. 88/2003, as subsequently amended and supplemented, it is forbidden to introduce inside the Venue the following objects: (i) any kind of weapons, scissors, stones, knives, sound devices, light rays emission systems (laser pointers), projectiles, long handled umbrellas or other bulky goods; (ii) balls, glass objects - such as bottles, glasses, mugs - and any other breakable objects suitable for causing damage to its own person or to others; (iii) highly flammable substances and fireworks materials, such as fireworks, rockets, powders and other tools intended to emit smoke or visible gas; (iv) spray cans, corrosive, soiled substances or substances that may, in any way, affect the health of other people present at the Venue; (v) alcoholic drinks, drugs, poisons or stimulant substances; (vi) advertising objects, unless previously authorised so in writing by the Organiser; (vii) propaganda materials with racist, xenophobia, Nazi, gender-based or political slogans; (viii) flagpoles or banners; however, it is accepted to hold flexible poles in synthetic material and the so-called “two poles flags”, whose size shall not exceed one meter length and the poles’ diameter shall not exceed a centimetre; (ix) stools or folding chairs.
It is also forbidden to introduce animals inside the Venue, with the exception of guide dogs for blind people.
The introduction inside the Venue of suitcases, bags and back packs that exceed the size of 25 cm x 25 cm x 25 cm is allowed only for depositing the same in the area made available by the Organiser.
15. Unless previously authorised in writing by the Organiser, the User shall not introduce inside the Venue: (i) drones, professional cameras or video-cameras, namely equipment suitable for recording or taking quality pictures so as to allow their exploitation for commercial and advertising purposes; (ii) technological equipment that allows the dissemination of the results and of the statistical data of the Matches, in real time, as well as the live or deferred broadcasting, by whatever means, of pictures or sounds of the Matches or other events taking place inside the Venue (such as, interviews, cultural events, advertising events, etc.); (iii) gadgets or advertising material.
16. The User shall behave correctly and in compliance with the public order and morality rules inside the Venue. By way of example, the User shall not climb any wall, fencing, gate or other similar structure placed at the Venue; listening to the radio inside the Venue is allowed only if done by means of headphones. The telephones, mobile phones, computers and other kind of devices shall be configured on “silent” mode upon entering the stands of the Courts and their ongoing use is allowed only to the authorised journalists and to the work staff of the Event for carrying on their duties. Failure to comply with even one of the requirements enclosed herewith may result in the withdrawal of the Ticket or of the Pass and the removal from the Venue. In the event the Ticket or Pass is withdrawn, the offender will not be entitled to any refund nor indemnity.
In any case, the Organiser reserves its right to deny the access or to remove from the Venue the people that behave incorrectly or in such a way as to cause damage to itself or to others.
17. Without prejudice to the foregoing paragraphs 4 and 5 concerning the refund of the Ticket price, and except for intent or gross negligence, the Organiser shall not be deemed liable, for whatever reason, for the expenses and damages, direct or indirect, of whatever kind, suffered by the User in relation to the sale of Tickets, the changes of the play time of the Matches, their not-taking place or the replacement of seats or rows of seats. Except for intent or gross negligence, the Organiser shall not be deemed liable, for whatever reason, for the damages, direct or indirect, of whatever kind, suffered by the User during its stay inside the Venue.
18. In addition to complying with these General Conditions, the User, inside the Venue, shall strictly adhere to the instructions given by the police bodies, the checking staff and the technical staff of the Venue. The User may be subject to checks (of its identity and/or bags and packaging or other objects accompanying the same) aimed at avoiding the introduction of unlawful, forbidden and/or dangerous objects inside the Venue.
Failure to comply with said requirement may result in the withdrawal of the Ticket or of the Pass and in its removal from the Venue. In any case, the User assumes the exclusive liability for the consequences of events attributable to the same, that take place inside the Venue and that are damaging the Organiser or third parties and for any claim made by third parties. By way of example, the User commits itself to hold the Organiser harmless against any and all damages deriving from; (i) the User’s non-compliance with the obligations provided by these General Conditions; (ii) the infringement of rights and interests of third parties for which the User is liable when accessing and while staying at the Venue; (iii) the User’s infringement, upon accessing and while staying at the Venue, of laws, regulations or measures issued by the public authority.
20. In application of Decree Law No. 28/2003 (concerning “Urgent measures to fight violence during sports competitions”), converted into law with amendments by Law No. 88/2003, as subsequently amended and supplemented, the unauthorised sale of Tickets is forbidden. In particular, pursuant to Article 1-sexies of the aforesaid Decree Law No. 28/2003, “whoever, not belonging to the companies specifically assigned therefore, sells admission tickets for the places where the sports event takes place or intended for the stay, transit or transport of the people who participate or attend the same event, shall be punished by a pecuniary administrative fine ranging from 2,500 to 10,000 Euros. The sanction may be increased up to half of the maximum fine for the offender that transfers or sales the admission tickets at a raised price compared to the price practiced by the companies specifically assigned to market such tickets”. The offender may be subject to the restrictions and prescriptions under Article 6, para. 1, 1-bis and 2 of Law No. 401/1989 as subsequently amended and supplemented.
21. The User acknowledges that the Organiser conferred to third parties the right to promote and market services and products inside the Venue during the Event. The Organiser shall not be deemed liable against the User for any damages due the use of said products and services.
22. The Organiser reserves the right to amend these General Conditions, taking care to notify such amendments by means of a specific notice published on the Websites. The amendments shall be effective to commence on said publication, or on a different date specified in the same notice. The amendments consequential to statutory or provision amendments of the public authority shall be effective regardless of the publication of the notice on the Websites.
23. These General Conditions shall be subject to the application of the Italian law. Any dispute arising between the User and the Organiser, concerning the purchase and the use of the Tickets, as well as the entrance and stay of the User inside the Venue, shall be exclusively settled by the Court of Rome, or by the Court of residence of the User, if the latter acts as a consumer pursuant to the Legislative Decree No. 206/2005 (Consumer Code), with express exclusion of the other Courts possibly holding jurisdiction thereon.