GENERAL TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS RELATING TO TRANSACTIONS CARRIED OUT THROUGH THE "MY LUGANO" PLATFORM
The present General Terms and Conditions (hereinafter, the “GTC”) apply to all products and/or services offered through the platform “My Lugano” managed by the Municipality of Lugano (hereinafter, the “Platform”). By booking and/or purchasing a product or service, in particular admission tickets to facilities and events (hereinafter referred to as “Events”), the User fully accepts the present General Terms and Conditions.
The term digital “cash-back” literally means “cash return” and is used to identify the crediting of a certain amount against a purchase made or a subscription to a paid service. It is a popular way to build customer loyalty globally.
1. By reserving or purchasing one or more tickets for an Event (and any related products and/or services) via the Platform, a contract is concluded, in accordance with these GTCs, between the provider of the Event, respectively the related product and/or service, and the User.
2. Special contractual terms and conditions applicable to individual Events are reserved. These are indicated in the corresponding description sheets and are binding for the user. These terms and conditions are hereby incorporated in their entirety.
3. The identity of the supplier of the product and/or service purchased by the user, as the user’s contractual partner in relation to the purchased service, is indicated in the event sheet.
4. Unless otherwise indicated, the City of Lugano only operates the Platform and therefore assumes no responsibility for the proper fulfilment of the contract between the user and the provider of the Event, respectively the related product and/or service.
5. The contract is concluded when the corresponding online transaction is completed. The transaction (including free bookings) is confirmed immediately by email based on the data provided by the user. If you do not receive an order confirmation, please contact customer service on +41 58 866 68 91 (daily from 8 a.m. to 7:30 p.m.).
6. The printed order confirmation or the order confirmation available on the user’s electronic device is the only proof of entitlement to the services acquired by the user. The user is solely responsible for keeping the order confirmation. The replacement of lost order confirmations is excluded.
7. The order confirmation contains the main data relating to the transaction. Only the person(s) (in the case of a multiple transaction) whose name appears on the order confirmation shall have access to the Event. The right of access is not transferable. For each order, the user receives only one access right (even if it relates to several people), so all persons concerned must have access at the same time.
8. If the user conducts a transaction for several persons, the user shall notify these persons without delay of the terms and conditions for participating in the event. The user assumes full responsibility under Article 111 of the Swiss Code of Obligations (hereinafter, “CO”) for the contractual and applicable lawful conduct of these persons.
9. The user agrees to communicate complete, updated and correct data during the online reservation process, under penalty of invalidation of the transaction and exclusion, at any time, from the event. Refunds and any form of compensation are excluded.
10. Reproduction, disclosure and/or transfer of the order confirmations (or rights related to them) is excluded. The Event Manager may deny access to the facilities if he discovers the presence of prints, reproductions, copies or imitations of order confirmations. However, the operator is not obligated to verify that the person who comes to the facilities with the order confirmation is the actual owner, respectively to check the authenticity of the document shown.
11. In the event of non-access to the facilities of the Municipality of Lugano, for any cause or reason whatsoever, including non-access within the established timeframe, entitlement to benefits will automatically lapse. The right to any substitute service and/or reimbursement is excluded.
12. Prices are indicated in CHF on the online purchase and payment portal. The prices are inclusive of VAT and net of commissions applied for the use of credit cards for payment, which are charged to the Municipality of Lugano.
13. Tickets are strictly personal and are not transferable, refundable, exchangeable or substitutable. In case of postponement of the event, the user will be entitled only to a replacement ticket for the new date. In case of permanent cancellation, only the refund of the cost of the ticket.
14. By completing the transaction via the Platform you acknowledge that you are aware of and accept the provisions related to the Events with respect to security, COVID-19 protection plan, access and any other provisions in force, and you acknowledge that in the event of a breach of these provisions you forfeit any right to stay and/or access the Event without any right to be refunded or compensated.
15. In the case of a multiple order receipt, i.e., involving several persons, the holder of the order receipt must be able to trace and contact all persons involved in the collective transaction in a timely manner (by telephone or e-mail).
16. Each participant must be able to identify himself/herself by means of a valid identification document at any time, under penalty of exclusion from the event.
17. The Municipality of Lugano and/or the supplier of the products and/or services purchased by the user through the Platform are not liable for any interruption, suspension, cancellation, modification, delay (and similar) which may be attributed to events and behaviour outside of their sphere of control or influence or attributable to auxiliaries. Liability shall in any case be limited, within the limits permitted by mandatory law, to direct damage and to intent or gross negligence. Liability for slight negligence and for indirect or consequential damage is expressly excluded. Consequential damages include loss of earnings, damage to reputation and loss of data caused by a temporary limitation or interruption of the availability of services, as well as those caused by interruptions in distribution channels, transmission errors, unsuccessful delivery of reservations or purchases, errors in the indication of prices or services offered and errors in booking confirmations.
18. The risks arising from the unauthorised use and/or loss of the order confirmation relating to Events purchased or reserved via the Platform are the sole responsibility of the holder of the confirmation.
19. The Municipality of Lugano declines all responsibility in case of loss, anomalies or technical failures which make it impossible to use the services offered through the Platform, without any right to compensation or reimbursement on the part of the user.
20. In any case, within the limits allowed by mandatory law, the responsibility for any title or circumstance of the City of Lugano and/or the supplier of the products and services purchased or reserved by the User through the Platform will be forfeited with the reimbursement or replacement of the service purchased.
21. The Municipality of Lugano reserves the right to modify the present GTC at any time. The modifications will be made accessible directly on the platform and will come into force at the moment of their online publication.
22. The legal relationship between the user and the Municipality of Lugano with reference to the access and use of the Platform (and of the related resources), as well as the legal relationship with the supplier of the products and services (if it is a third party compared to the Municipality of Lugano) provided to the user, is regulated by the Swiss substantive law, subject to the cantonal law where applicable, excluding the rules of private international law.
23. The parties choose the competent court for the District of Lugano as the exclusive court of jurisdiction in the event of a dispute arising from or simply related to the use of the Platform (and related resources), respectively the use of the Events, subject to any mandatory rules of law imposing a different jurisdiction. The right to take legal action before the competent court at the registered office, branch or domicile of the User is reserved.
General Terms and Conditions and Data Protection Policy and Cookies
The present document sets out the contractual conditions for joining the loyalty circuit called “MyLugano”, consisting of the MyLugano App and the homonymous physical cards (hereinafter, the “Circuit”), provided by the Municipality of Lugano (hereinafter, the “Municipality”). Through the Circuit, users can benefit from privileges and advantages depending on current promotions (in particular in the form of digital “cash back”) when purchasing goods and services at a local level (see section “GENERAL CONTRACTUAL CONDITIONS”).
The term digital “cash-back” literally means “cash return” and is used to identify the crediting of a certain amount against a purchase made or a subscription to a paid service. It is a popular way to build customer loyalty globally.
The Circuit is part of the plan for the progressive digitalization of user services and relations with citizens, the promotion of digital literacy, and the containment of the risk of Covid-19 infection through the elimination, where possible and in compliance with the principle of non-discrimination of users without access to technology, of physically obsolete instruments.
The conditions for joining the Circuit for commercial users, i.e., suppliers of local goods and services, are specified in a separate contract. To obtain information on this, please write to the following e-mail address email@example.com or call the following number +41 (0)58 866 6065/75.
Finally, this document includes the policy regarding the protection of personal data and the management of cookies within the Circuit (see section “PROTECTION OF PERSONAL DATA AND COOKIES”).
GENERAL TERMS AND CONDITIONS
Acceptance and modification of these general conditions
By joining the MyLugano Loyalty Scheme, the user agrees to be bound by the terms and conditions set out in this document in the version in force at the time of each use. It is the user’s responsibility to carefully check the status of the applicable terms and conditions before using the platform, being reserved the right of the Municipality to modify such terms and conditions at any time and with immediate effect by publishing the updated documentation online.
Loyalty Circuit Manager; Contacts
The Loyalty Circuit is managed by the City of Lugano (CH).
All communications must be in writing and will be considered validly and effectively executed upon receipt of the same, if made by ordinary mail, respectively at the time of sending confirmation of reading, if made by e-mail.
- Lugano City Hall, Events Division, via Trevano 55, 6900 Lugano
- T. +41 (0)58 866 6065/75
- e-mail: firstname.lastname@example.org
Circuit components, costs and membership conditions
The MyLugano fidelity circuit is structured in two types of programs depending on the users concerned: MyLugano Card and MyLuganoPass. Both programs can be used either in a completely digital (App) or analogue form (physical card).
I. The MyLugano Card program
MyLugano Card is addressed to citizens living in the Municipality of Lugano from 14 years of age. To join, it is necessary to be regularly registered with the Municipal Population Control and to have deposited in the database of the Population Control a copy of an identity document (passport or identity card).
The program is also aimed at employees of the City of Lugano. Upon specific request and if decided by the Municipality, the program may be extended to the employees of bodies and companies linked to the City itself, as well as to entities outside the City, for example in the field of education, and to private businesses in the Lugano area. In this case, a specific agreement between the City of Lugano and the body or company regulates the collection and access to the data necessary for the identification of users (address and a copy of a legitimacy document – passport, identity card or driving licence for Swiss citizens or a legitimacy document with a photograph valid for foreign travel for foreign citizens) by the City and the Self-Regulation Organism to which the City is affiliated.
The MyLugano Card allows holders to obtain a discount in the form of “cashback” for each purchase made within the Circuit. Unless otherwise specified within a specific promotion, the amount of the digital “cashback” corresponds to 10% (ten percent) of the value of the transaction made. It is recognized in the form of loyalty points (“LVGA”) which can be spent within the entire Network. The digital cash back is converted into LVGA at a fixed ratio of 1 LVGA = CHF 0.01.
If the goods are returned, the user must return the digital “cashback” without delay to the merchant who issued it according to the instructions given by the same.
LVGA can be purchased by users through the MyLugano App in packages of 2000, 5000 and 10’000 LVGA. The Municipality of Lugano may (without being obliged) grant discounts or free LVGA.
Conditions and costs for the digital MyLugano Card:
• 1 year – CHF 4.- but with the allocation of the same amount as initial assets in the form of “LVGA points” (400 LVGA)
• – 5 years – CHF 10, but with the allocation of the same amount as initial assets in the form of “LVGA points” (1000 LVGA)
Conditions and costs for the analogue MyLugano Card:
• 1 year – CHF 5.
• 5 years – CHF 11.
II. The MyLuganoPass programme
MyLuganoPass is open to all citizens from 14 years of age who are not domiciled in the Municipality of Lugano, including tourists, students and people passing through.
The possession of the MyLuganoPass allows holders to access discounts and benefits defined by the individual commercial activities. Within the framework of the MyLuganoPass, “cash-back” and “LVGA” are not granted.
Conditions and costs MyLuganoPass Digital:
• 1 year – CHF 6.-
• 5 years – CHF 12.-
Conditions and costs analogue MyLuganoPass:
• 1 year – CHF 7.-
• 5 years – CHF 13.-
The Municipality of Lugano can issue (without being obliged to do so – except for recognizing a “cash-back” to MyLugano Card analogue users) nominative vouchers in the name of the user containing predetermined packages of points that the user can load on the MyLugano App at Studio Foce or info point (Puntocittà – Centro, Pambio-Noranco and Pregassona) or that can be spent directly within the MyLugano Circuit.
Replacement and reimbursement of the nominative vouchers is excluded, particularly in the event of loss, theft, damage, tampering and/or incorrect use of the nominative vouchers. The vouchers must be stored carefully and protected from outside influences that could damage them.
For the use of the same at a partner of the circuit, the user must provide legitimacy (through an identity document) to prove the legitimacy of use (proof of being the holder and the direct beneficiary).
IV. Common limitations and restrictions inherent in LVGA points
The accumulation of LVGA is subject to an annual (calendar year) cap of 100,000 points. The Circuit also has a monthly cap on incoming and outgoing movements (cumulatively) of 500,000 points. Once one of these thresholds is reached, the user is excluded from the digital cashback program and does not receive any new points for further purchases.
For underage users, the consent of the legal representative to the activation of the service is reserved. This consent is considered implicit, it is therefore the responsibility of the minor to have obtained it.
LVGA cannot be transferred between private users and are linked to the individual account of the MyLugano Card and MyLugano Pass holder.
LVGA can be used as a means of payment for 2 years from the date of issue. If they are not used within the prescribed period, the points are automatically forfeited and deleted from the App.
Please note: LVGA received or purchased do not give any right to conversion and/or redemption in Swiss legal tender or any other currency by the issuer or third parties. LVGA do not confer any right, except to be used as a means of payment towards suppliers of goods and/or services that decide to join the MyLugano Circuit in relation to goods and/or services determined by the individual supplier and limited to the period of membership of the supplier. If the MyLugano network is closed, LVGA will automatically expire without the right to conversion and/or refund.
General rules of conduct and responsibility
Responsibility and safety
The User undertakes to diligently protect and keep confidential all security elements relating to their programs (App, wallet and similar) and mobile devices used to operate within the framework of the Loyalty Circuit (in particular, username, password and temporary codes, correspondence with the Municipality).
Passwords must meet the following security requirements: minimum 8 characters, maximum 32 characters, at least one capital letter. It is the user’s responsibility, for security purposes, to change the access passwords himself on a regular basis (recommended frequency: every three months). The application also provides the possibility of activating biometric recognition (face or fingerprint identification – depending on the device used – combined with a 4-digit pin code). By activating this option, the user is aware of the risks involved in using this simplified method.
The user acknowledges and accepts that, towards the Municipality and any third party, any activity carried out using his credentials will be attributable to the user himself. The user fully assumes all contractual obligations, as well as expenses or damages that may arise from the misuse of such data (including the theft of “LVGA points” by unauthorized users), holding harmless the City from any liability and / or prejudice.
The municipality is expressly released from any liability and/or general obligation to monitor the activities of users. For the sake of clarity, this exemption does not mean that the obligations to monitor transactions for the purposes of the Money Laundering Act (MLA) have been waived.
The Municipality takes all reasonable and appropriate measures according to the circumstances and technological evolution to guarantee the integrity, availability and confidentiality of the information accessed or received by the users. On the other hand, communication between the user and the Municipality via the Internet (as an open public network) is under the sole responsibility of the user, who declares himself to be fully aware of the risks involved in such transmission. The Municipality does not assume any responsibility for any violation, direct or indirect, inherent to the confidentiality and/or integrity of the information that takes place outside of its computer network.
The user also acknowledges that the Municipality does not guarantee the continuous and uninterrupted availability of the Circuit, nor the presence of a minimum number of suppliers of goods and/or services. Access may be suspended at any time and without prior notice, in particular but not exclusively due to technical failures, maintenance operations (ordinary and/or extraordinary) or in cases of force majeure (e.g., blackouts, strikes, natural disasters, etc.). In this regard, the user renounces in advance and unconditionally any and all claims based on the lack or deficiency of availability of the loyalty circuit, in particular for compensation.
Exemption from liability for goods and/or services provided by suppliers of goods and services participating in the Affiliate Circuit
It should be noted that the City of Lugano merely offers the user the opportunity to accumulate LVGA that can be spent within a network of independent merchants. As these are goods and services provided by third parties according to separate agreements, the City of Lugano is not liable for the quality, completeness and promptness of the contractual service provided to the user by the third-party supplier.
General waiver of liability in favour of the Municipality of Lugano
Neither the City of Lugano nor any other member of the Circuit shall be liable for any injury, loss of income, direct or indirect, consequential, punitive or incidental damages, including loss and/or theft of tokens/LVGA, loss of data, damage to reputation, person or property related to or arising from the digital services connected to the LVGA Circuit.
The City of Lugano provides the digital services linked to the LVGA Circuit as is and without warranty. The City does not warrant or represent that the services (including the App and the digital wallet contained therein) are accurate, reliable, uninterrupted or error-free, that defects will be corrected or that the digital services are free of viruses or other harmful components. You assume full responsibility for your use of the services.
The City and all other members of the Circuit assume no liability for any loss or damage (including loss and/or theft of tokens/LVGA) arising from or related to the Third-Party Services.
Events beyond the sphere of control. The Municipality of Lugano and the other members of the Circuit accept no responsibility for any event beyond the reasonable control of the Municipality of Lugano.
General rules of conduct
The user undertakes to use the Loyalty Merchant Network (and its associated resources: email, telephone, web pages, social profiles, etc.) correctly and with respect for the rights of third parties.
In particular, the user undertakes to:
- hold and use LVGA in their own name and on their own account;
- not transmit content that is unlawful, harassing, offensive, discriminatory, threatening, harmful, vulgar or otherwise inappropriate;
- not use the Loyalty Circuit (and related resources) and the information contained therein to engage in any unlawful, fraudulent or infringing acts, including copyright and personality rights;
- communicate personal data only with the prior and informed consent of the persons concerned;
- communicate updated and truthful data and information;
- ensure that the computer devices used are protected (e.g., by antivirus software and firewalls) and free of malicious elements (such as malware, viruses, Trojan horses, etc.);
- not interfere or attempt to interfere with the activity of the Loyalty Circuit or hinder the usability of the services by users.
Payment methods and security through the App
Online payments in connection with the provision of services (in particular the purchase of LVGA by holders of the digital wallet) are made via third-party e-payment platforms. Payment can be made using PostFinance, TWINT and credit cards (MasterCard and Visa), but the payment methods can be changed at any time. The Municipality assumes no liability in this regard, as this is a separate platform operated by a third party. The conditions of use and data protection policy can be viewed on the website of the service provider.
Creating, modifying or deleting a service
The Municipality of Lugano reserves the right to activate, modify, suspend or cancel services and functions of the Loyalty Circuit at any time and without prior notice.
Account deletion by the user
You may cancel your account at any time. This will result in the immediate blocking of access to the Loyalty Circuit and the permanent loss of all accumulated LVGA. The cancellation does not prevent the user from registering again.
Suspension or deactivation of the account by the Municipality
The City shall provide for the suspension or deactivation of an account, specifically, in the following instances:
a) Breach of rules of conduct and safety;
b) Breach of these general conditions;
c) Violation of applicable Swiss or foreign regulations;
d) At the written request of the authorities.
The City reserves the right to suspend the account for purely precautionary purposes in the presence of simple reports and / or indications of violations throughout the verification process of the same.
In cases where the suspension or lockout relates to schedulable time events, the City shall provide advance notice to the user specifying the cause and date of account suspension or revocation.
In case of suspension or deactivation of the account, the Municipality does not assume any responsibility, with consequent waiver by the user of any claim for any reason or circumstance.
DATA PROTECTION AND COOKIES
Reference regulatory framework
In the context of the management of the Loyalty Circuit, the Municipality of Lugano, as a public body under Swiss law, carries out an activity of an economic nature that does not derive from a sovereign power. In view of this, the processing of users’ personal data is in principle governed by the Federal Data Protection Act (DPA, RS 235.1).
General reference to the Municipality’s policies in relation to the MyLugano platform
With specific regard to the “MyLugano” App, before installation, the user will be presented for approval with a special information notice on the processing of personal data, the text of which is accessible at the link my.lugano.ch, which is understood to be reproduced and integrated herein in its entirety.
Additional information in the context of the MyLugano analogue loyalty circuit
Given that the processing of personal data within the framework of the digital MyLugano Card and the digital MyLuganoPass is carried out through the “MyLugano” App, for which in this context we have referred to the information concerning the App (see previous paragraph), the processing of personal data carried out within the framework of the analogue versions of the MyLugano Card and the MyLuganoPass requires additional information, it being understood that for the rest we refer to the general policy concerning the “MyLugano” website.
Common provisions within the framework of the analogue MyLugano loyalty circuit
Owner of the treatment and communications
Municipality of Lugano (CH), Events Division, via Trevano 55, 6900 Lugano; Tel +41 (0)58 866 6065/75 (Mon – Fri: 08:00 – 12:00 / 13:00 – 17:00); email: email@example.com
Status of information on the processing of personal data
The user must carefully check the status of the legal notices (including this document with references) before availing himself of the prerogatives offered by the analogue loyalty scheme, as they may be subject to change at any time and the user may renounce the use of the scheme if he does not subscribe.
Municipal Data Protection Officer
Any communication relating to the protection of personal data may be sent to the Municipal Data Protection Commissioner at the following address: Data Protection Officer of the City of Lugano c/o Divisione Affari Giuridici, via della Posta 8, 6900 Lugano. Any communication relating to the protection of personal data may also be sent to the following e-mail address: firstname.lastname@example.org.
Main purposes of personal data processing
The data is processed to the extent strictly necessary to ensure the management and operation of the analogue loyalty scheme, to activate your account, to identify you (for the purposes of combating money laundering where required by applicable law), to provide the services you have requested (in particular, to account for and accumulate LVGA), and to communicate with you in order to support you in the proper use of the benefits offered by the loyalty scheme.
Aggregated or anonymized forms of user data processing are reserved for statistical purposes, for the evaluation of the quality of services and for the optimization of technical functionalities and the usability of systems, based on the preponderant private interest of the Municipality of Lugano.
Treatment based on law, in particular in the administrative, fiscal and accounting fields, is also reserved.
At the user’s request (and until consent is revoked, exercisable through the link at the bottom of each communication), the same can subscribe to the MyLugano newsletter with the promotions offered to users and/or to the general newsletter on events organized by the Events and Congresses Division of the Municipality of Lugano. The Newsletter does not pursue the purpose of tracking or analysis of user behavior. It does not detect the opening or not of the e-mail and/or the activation of the links contained within it.
By adhering to the MyLugano loyalty scheme, the user authorises (where necessary) the processing of personal data by the Municipality of Lugano in accordance with applicable law and according to the purposes and methods indicated or presupposed by the present document (including references). Where required by law, the Municipality will request express consent from the user via electronic channels (online or by e-mail).
The Municipality of Lugano will keep personal data for as long as it is necessary to keep them in consideration of the purpose for which the data were collected, or insofar as there is a legal obligation to keep them or another justifying reason recognised by law. Once the retention period has expired, the Municipality will proceed with the definitive and secure deletion of the data or, alternatively, with their anonymisation.
Detailed information on the personal data retention policy within a specific processing operation can be requested from the Information Technology Division by means of a written request sent to email@example.com.
Own processing activities; location of data
The Municipality of Lugano is responsible for the provision and management of the MyLugano loyalty circuit in the context of the analogue versions of the MyLugano Card and MyLuganoPass, as well as the issuing of nominative vouchers.
All personal data is physically located in Switzerland and is not transferred abroad.
Monitoring and user profiling activities
The Municipality of Lugano does not carry out any activity to monitor user behaviour or user profiling, nor does it carry out any personal data processing activities that go beyond what is strictly required by the provision of the User Loyalty Circuit and by the anti-money laundering regulations in force.
Disclosure of data to third parties; automated decisions
Under no circumstances will personal data be disclosed to third parties, subject to legal obligations. The disclosure of data based on the Anti-Money Laundering Act (AMLA) and/or on the application rules of the relevant self-regulatory body is excluded.
The Circuit does not incorporate automated decision-making systems that could materially affect the factual or legal position of the user.
Exemption from liability for data processing carried out by third parties (including suppliers of goods and services)
The Municipality of Lugano has no control over, and assumes no responsibility for, any processing of personal data carried out by suppliers of goods and/or services who participate as merchants in the Loyalty Circuit in relation to individual transactions concluded by the user.
It is recommended that the user ask the supplier for a copy of the information on the processing of personal data before purchasing goods and/or services.
Specific provisions within the individual programmes of the MyLugano analogue loyalty circuit
MyLugano Card analogue programme (card)
Personal data collected: name, surname, date of birth, address, e-mail address
Retention period: until membership ends or expires without renewal of the card (whichever comes first), subject to statutory retention obligations (in principle: 10 years)
MyLuganoPass analogue programme (card)
Personal data collected: name, surname, date of birth, address (abroad), e-mail
Retention period: until membership ends or the pass expires (whichever is sooner), subject to statutory retention obligations (in principle: 10 years)
Applicable law – User rights
In the context of economic activities that do not derive from a sovereign power, for example in the case of the provision of goods and/or services in competition with the private sector, the processing of personal data is governed by the Federal Data Protection Act (FADP). The user’s rights are specified in Articles 5, 8, 12, 15, 34 and 35 of the FADP which reference should be made.
The user has the right to be informed of all circumstances relating to the processing of his or her data, to revoke consent given, and to have inaccurate or outdated data corrected.
The user who intends to exercise his/her rights must do so in writing by means of a motivated request by ordinary mail or e-mail, attaching the necessary supporting documents, as well as proof of his/her identity. The Municipality will follow up on the request without delay but, in any case, except in exceptional circumstances, within 30 days of receiving it complete with all the necessary elements for judgement.