Nitto ATP Finals

General Conditions for the Sale of Tickets and Access to the Facility

 

§ 1. For the purposes of the interpretation and application of these General Conditions, the expressions below shall have the following meaning:

  • Training Session: means the sport training sessions performed by the athletes participating in the Event during the days prior to the starting date of each Match;
  • ATP: means ATP Tour Inc., the private entity incorporated under English law, governing men’s professional tennis circuit known as the “ATP Tour”;
  • Ticket: means the admission ticket, which may also be in electronic format and allows its holder to access the Facility and attend any Training Sessions and Matches on the date and at the Session indicated on the Ticket in question;
  • Court: means the tennis court located inside the Facility, where the Matches and Training Sessions take place;
  • General Conditions: means these general conditions for the sale and access to the Facility, to which all Users are subject;
  • Event: means, collectively, the sports event currently known as “Nitto ATP Finals” and involving the top players from the ATP Tour, including the Training Sessions;
  • Facility: means the areas of the sporting facility where the Event takes place, as well as their pertaining and adjacent areas. Users may access the Facility only if in possession of a Ticket or Pass;
  • Match: means each tennis match that takes place during the Event;
  • Privacy Policy:  means the privacy policy provided pursuant to Article 13 of Regulation EU No. 679/2016 and published on the Website, which is deemed to be referred to in full herein;
  • Organizer: means the Federazione Italiana Tennis, delegated by ATP for the organization of the Event;
  • Pass: means the personal accreditation issued by the Organizer and allowing its holder to access the Facility on the date and within the areas specifically indicated on the Pass in question;
  • Session: means the match or training session, daytime or evening, during which, on each day of the Event, the Matches or Training Sessions are scheduled;
  • Website: means the website of the Event, intended for the purchase of the Tickets and available at https://tickets.nittoatpfinals.com;
  • User: means any individual in legitimate possession of a Ticket or Pass.

 

§ 2. These General Conditions, which are displayed at the entrance of the Facility and published on the Website, shall regulate the sale of Tickets and the access to the Facility. These Conditions supplement the General Conditions applied by the parties (other than the Organizer) authorized to sell the Tickets.

By purchasing the Ticket and accessing the Facility, Users declare to have fully understood and accepted the provisions herein, and acknowledge to have read and understood the Privacy Policy.

 

§ 3. In order to be admitted and remain inside the Facility, Users must be in possession of a Ticket or Pass. Without prejudice to Articles 4, 5 and 6 below, each Ticket is only valid for the date, Session and seat indicated thereon. The replacement of any unused ticket with another Ticket valid for a later date or Session will not be permitted.

 

§ 4. In view of the possibility that, during the Event, the public access to the Facility shall be limited for reasons beyond the control of the Organizer (including to comply with any instructions from the Public Authorities, international sports authorities or sports Authorities ranking hierarchically higher than the Organizer), the Organizer shall have the right to proceed with the sale of the Tickets in two stages:

  • during the first stage, Tickets with unnumbered seats for each sector of the Facility shall be sold and provided to Users. During such stage, Users shall be entitled to choose the preferred section , but not the seat;
  • during the second stage, Users shall receive a seat marker with the details of the seat location (e.g. row and number) according to the chronological order of purchase of the Tickets during the first stage.

If, for any reason beyond the control of the Organizer, the number of the seats available in the Facility is less than the Tickets sold, the Tickets exceedance shall be subject to cancellation - for each section of the Facility - according to the chronological order of purchase (starting from the last one), and a relief in the form permitted by the law may be given by the Organizer.

§ 5. When necessary for technical or organizational reasons, the Organizer shall have the right to assign to the Users in possession of a Ticket seats or rows of seats different from those indicated on the Ticket in question. Where the assignment of a seat of equal or higher category compared to the one indicated on the purchased Ticket cannot be guaranteed, the Organizer shall reimburse the User only for the difference between the price of the purchased Ticket and the price of the Ticket assigned by way of replacement, net of any pre-sale costs. Alternatively, the User may choose not to use the Ticket assigned as a replacement, if it is of a lower category than the one indicated on the Ticket purchased, and receive a refund net of any pre-sale costs. 

 

§ 6. Without prejudice to Articles 4 and 5 above, the price of the Ticket will be reimbursed by the Organizer, net of any pre-sale costs, only if none of the Matches scheduled on the day and session indicated on the Ticket takes place. In the event that, for technical or organizational reasons, the Matches for which the Ticket was purchased take place at times other than those originally scheduled, under no circumstances the User shall be entitled to be refunded for the cost of the Ticket (or to its replacement).

ATP shall have the right to designate players participating in the Event different from those initially entitled, if such players are unable to play a Match as a result of accidents or other circumstances. In such case, the User shall not be entitled to any Ticket refund or replacement.

 

§ 7. 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. For the Tickets purchased and not collected by the Users who, at the time of purchase, had chosen to collect them at the Facility, the refund does not apply.

 

§ 8. The Ticket or Pass must be shown at every request of the control staff. Any User without a Ticket or Pass, or with a Ticket or Pass that has deteriorated or been damaged in such a way as to be even partially illegible, shall be accompanied outside the Facility.

 

§ 9. Each Ticket gives the right to access the Facility only once; consequently, in the absence of a prior written consent from the Organizer, the User who has left the Facility shall not be permitted to enter it again by exhibiting the same Ticket.

 

§ 10. Tickets must be purchased, against the payment of the price indicated thereon, by means of the authorized sales channels. If the Ticket has been purchased at discounted prices, such as the discount provided to people with disabilities or the discount for the members of the Federazione Italiana Tennis, the User, when accessing the Facility, must be in possession of a valid document showing its legitimate entitlement to the discount indicated on the Ticket (in such specific cases, the disability certificate for disabled Users and the federal card for the members of the Federazione Italiana Tennis, respectively) as well as of a valid ID.

If the User has a Ticket purchased from a party not authorized to sell it, or is not entitled to the discount indicated thereon, the control staff may prevent the User from accessing or staying at the Facility.

 

§ 11. The ATP and the Organizer are the owners of the rights relating to the Event images. Users are allowed to take photographs and visual or audiovisual footage of the Matches, Training Sessions and other events that take place, during the Event, inside the Facility (such as interviews, cultural events, advertising, etc.) only for personal purposes. Unless previously authorized in writing by the Organizer, Users shall not use any photograph and visual or audiovisual footage of the Event for commercial or advertising purposes, nor shall be permitted to publish such images or recordings on the broadcasting platforms (i.e. social networks or video-sharing websites such as, without limitation, www.youtube.com) that do not restrict the publication of such images or recordings to the personal sphere. The use of laptops or other mobile electronic devices is forbidden inside the stands of the Court during the Matches; an exception is made, however, for: i) the authorized media, ii) the individuals authorized to the sale of goods and services to the Users, and iii) the Event staff that use such devices exclusively in the performance of their duties.

 

§ 12. For security reasons, CCTV cameras (“CCTV”) may be installed inside the Facility. The Organizer and its designees may also record videos and take photographs of the Event. The User accepts to be photographed, recorded and filmed during the Event by the Organizer or its designees, and to have its image and voice included in the audiovisual recordings (all of which referred to as the “Recordings”) intended for broadcasting, also television broadcasting, or for other kind of publications on the Organizer’s social channels. The User expressly authorizes the Organizer to publish and disclose, by any means and without time limits, its own voice and image possibly contained in the Recordings, by declaring, as of now, to have no claims in this regard and to irrevocably waive the right to any economic claim deriving from the disclosure and publication of the User’s images and voice.

 

§ 13. Inside the Facility, Users are prohibited from betting or accepting bets (directly or by means of intermediaries), or facilitating bets of other parties by actions operational at their completion.

Users are also prohibited from collecting, disclosing, broadcasting and publishing, by any means whatsoever, scores and statistical data related to the Matches (from beginning to end) for commercial or gambling purposes. Failure to comply with even one of the obligations contained herein may result in the withdrawal of the Ticket or Pass and the User’s expulsion from the Facility. If the Ticket or Pass is withdrawn for the above reasons, Users will not be entitled to any refund or compensation.  

 

§ 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 Facility the following objects: (i) any kind of weapons, scissors, stones, knives, sound devices, light rays emission systems (such as laser pointers), projectiles, cool boxes, long handled umbrellas or other bulky goods; (ii) balls, cans, 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, aerosol dispensers 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 Facility; (v) alcoholic drinks, drugs, poisons or stimulant substances; (vi) advertising objects, unless previously authorized so in writing by the Organizer; (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” not exceeding one meter in length and with a pole diameter not exceeding one centimeter; (ix) stools or folding chairs.

It is also forbidden to introduce animals inside the Facility, with the exception of guide dogs for blind people.

The introduction inside the Facility of helmets and short-handled umbrellas, as well as suitcases, bags and backpacks exceeding 25 cm x 25 cm x 25 cm, is allowed only for the purpose of their storage in the area made available for this purpose by the Organizer.

Failure to comply with even one of the obligations contained herein may result in the withdrawal of the Ticket or Pass and the User’s expulsion from the Facility; in this case, such User will not be entitled to any refund or compensation.

 

§ 15. Unless previously authorized in writing by the Organizer, Users shall not introduce inside the Facility: (i) drones, professional cameras or video-cameras, and any other 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, Training or other events taking place inside the Facility (such as, interviews, cultural events, advertising events, etc.); (iii) gadgets or advertising material.

Failure to comply with even one of the obligations contained herein may result in the withdrawal of the Ticket or Pass and the User’s expulsion from the Facility; in this case, such User will not be entitled to any reimbursement or compensation.

 

§ 16. Within the Facility, Users must strictly comply with the applicable laws on hygiene and health safety, taking all actions and measures prescribed for this purpose by the laws in force and/or by specific medical protocols adopted during the Event.

Failure to comply with even one of the obligations contained herein may result in the withdrawal of the Ticket or Pass and the User’s expulsion from the Facility; in this case, such User will not be entitled to any refund or compensation.

 

§ 17. Users must behave correctly and in compliance with the public order and morality rules inside the Facility. By way of example, Users shall not climb any wall, fencing, gate or other similar structure placed at the Facility. Listening to the radio inside the Facility is allowed only if done by means of headphones. Mobile phones, computers and any other electronic device must be configured on “silent” mode upon entering the stands of the Courts, and their ongoing use is allowed only to the authorized journalists and Event staff in the performance of their duties. Failure to comply with even one of the obligations contained herein may result in the withdrawal of the Ticket or Pass and the User’s expulsion from the Facility; in this case, such User will not be entitled to any refund or compensation.

Furthermore, the Organizer will not allow access to the Facility to the individuals who, being included in the so-called “no credential list” drawn up by the Tennis Integrity Unit (i.e. the international organization set up to combat the problem of tennis competitions whose results are illegally influenced), are forbidden to participate, for any reason, in the tennis events (including the Event) indicated in the Tennis Anti-Corruption Program, published in full on the website of the Tennis Integrity Unit (www.tennisintegrityunit.com).

In any case, the Organizer reserves the right to deny the access or remove from the Facility people that behave incorrectly or in such a way as to cause damage to itself or to others.

 

§ 18. Without prejudice to Articles 5 and 6 above concerning the refund of the Ticket price, and except in the case of intent or gross negligence, the Organizer shall not be deemed liable, for any reason, for expenses and damages, direct or indirect and of any nature whatsoever, suffered by the User in relation to the sale of Tickets, any changes in the time of the Matches, their cancellation or the replacement of seats or rows of seats.

 

§ 19. In addition to complying with these General Conditions, Users, inside the Facility, shall strictly adhere to the instructions given by the police bodies, the control staff and the technical staff of the Facility. Users may be subject to inspections (of their person and/or bags and packaging or other objects carried with them) aimed at preventing the introduction of unlawful, forbidden and/or dangerous objects inside the Facility.

Failure to comply with this obligation may result in the withdrawal of the Ticket or Pass and in the User’s expulsion from the Facility; in this case, such User will not be entitled to any refund or compensation. In any case, each User assumes sole responsibility for the consequences of the events for which such User may be deemed responsible, occurring inside the Facility and that are detrimental to the Organizer or any third parties, expressly indemnifying and holding the Organizer harmless against any and all liability and third party claims. By way of example, the User commits itself to hold the Organizer 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 Facility; (iii) the User’s infringement, upon accessing and while staying at the Facility, of laws, regulations or measures issued by the public authorities.

 

§ 20. The personal data (such as the name, surname, date of birth, e-mail address, tax code, country of residence) provided by the User upon purchasing the Ticket must  be true, accurate, valid and complete and will be processed by the Organizer and by ATP only and exclusively in the manner and for the purposes indicated in the Privacy Policy.

 

§ 21. 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 unauthorized 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 therefor, 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.

 

§ 22. The User acknowledges that the Organizer has transferred to third parties the right to promote and market certain services and products inside the Facility during the Event. The Organizer accepts no liability to the User for any damages arising from the use of said products and services.

 

§ 23. The Organizer reserves the right to amend these General Conditions, taking care to notify such amendments by means of a specific notice published on the Website. The amendments shall be effective from said publication, or on a different date specified in the same notice. The amendments resulting from legislative interventions or public authority requirements shall be effective regardless of the publication of the notice on the Website.

 

§ 24. These General Conditions shall be subject to the application of the Italian law. Any dispute arising between the User and the Organizer, concerning the purchase and the use of the Tickets, as well as the access and stay of the User inside the Facility, 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 (Consumption Code), with express exclusion of the other Courts possibly holding jurisdiction thereon.