• General terms and conditions of use of website

    partner.basilicasanpietro.va

General Terms and Conditions of Use of the Website - 6 February 2025


Article 1 - Object

1.1 – These General Terms and Conditions of Use of the website (“GTCU”) govern the access to and use of the sales platform available on the domain partner.basilicasanpietro.va (hereinafter referred to as the “Website”), owned by Fabbrica di San Pietro (hereinafter referred to as “FSP”), by registered partners of the Website (hereinafter referred to as the “Partner”).

1.2 – The Website is operated by HIVE S.r.l. (hereinafter also referred to as “HIVE” for brevity), an Italian company with registered office at Via Ermete Conti, 7 - San Polo d’Enza (RE), VAT number 02893710356, and an authorized travel agent under Travel and Tourism Agency license no. 32657 dated 26.01.2023. HIVE operates under a mandate without representation, which means that HIVE sells the Services to the Partner, who then assumes full responsibility for resale and invoicing to its final customers.

1.3 – Access to the Website, consultation of its content, and its use by the Partner (“Partner”) presuppose the reading, understanding, and acceptance of the GTCU and the Website’s Privacy Policy (as defined below), as well as the tourist services offered for sale (hereinafter referred to as the “Services”), as updated from time to time.

1.4 – This Website is available in multiple languages solely to facilitate access and comprehension of information for Partners who may not be native Italian speakers, even if residing in Italy or Vatican City. The translation of content is provided as a courtesy to enhance the Partner’s experience and does not imply HIVE’s intention to submit to the regulations of other countries. The Partner acknowledges and accepts that the Services sold through the Website are exclusively intended for professional Partners authorized to resell them to final consumers. Each Partner is therefore responsible for ensuring that its contracts with final consumers comply with the applicable legal requirements in its own country.


Article 2 – Amendments to the GTCU

2.1 – HIVE may modify or simply update, in whole or in part and at any time, these GTCU. Such modifications and/or updates will be communicated to the Partner through the mere publication of the updated version of the GTCU in this same section of the Website. The new GTCU will become binding from the moment of their publication.

2.2 – Partners are therefore invited to review the applicable GTCU before proceeding with any purchase. The GTCU can be consulted in the Legal section located in the footer of the page, as well as in the dedicated sections available at the time of purchase.


Article 3 – Website Content and Intellectual Property

3.1 – The content available on the Website (including, but not limited to, texts, information, data, works, images, photographs, videos, reviews, dialogues, music and sounds, documents, drawings, figures, logos, distinctive signs, icons, photographs, illustrations, graphics, audio, indexes, reports, software, HTML codes, screens, menus, web pages, graphics, schemes, tools, fonts, Website design, diagrams, layouts, methods, processes, functions, and any other material, in any format, published on the Website) (the “Content”) is owned by or licensed to HIVE and/or FSP and is, in any case, protected by copyright and all applicable intellectual property rights.

3.2 – The Content is subject to the protections provided by national and international intellectual property laws, including but not limited to rights relating to patents, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how, and any other similar rights recognized by laws or international treaties in any country or jurisdiction worldwide, including copyright law (Law No. 633/1941, as amended). HIVE grants the Partner a non-exclusive, limited, revocable, and non-transferable license to use the Content solely for promotional purposes and for the resale of services purchased through the Website, within the limits set forth in these GTCU. Any other use, including but not limited to modification, reproduction for non-resale purposes, unauthorized distribution, or use for personal purposes, is strictly prohibited.

3.3 – Nothing in these GTCU shall be interpreted or construed as granting an implicit license or any other intellectual property right beyond those expressly stated herein. The Partner is required to immediately cease using the Content upon termination of the contractual relationship.


Article 4 – Trademarks and Domains

4.1 – All trademarks, logos, and distinctive signs displayed on the Website are the exclusive property of Fabbrica di San Pietro or HIVE. If third-party trademarks and distinctive signs appear on the Website, it is acknowledged that HIVE has been expressly authorized to lawfully use them under specific and separate agreements (the “Trademarks”).

4.2 – HIVE is authorized to make exclusive use of the Trademarks present on the platform, prohibiting their use by third parties who have not been expressly authorized to do so. Therefore, any unauthorized use by third parties, including the Partner, will subject them to all legal consequences for the protection of trademarks and distinctive signs.

4.3 – The domain www.basilicadisanpietro.va, along with its various extensions and subdomains, is the property of FSP. Therefore, any direct or indirect use by third parties is expressly prohibited without prior written authorization from Fabbrica di San Pietro. Any unauthorized use shall result in the obligation to compensate for all damages suffered due to the unlawful use.


Article 5 – Use of the Website and Partner’s Responsibilities

5.1 – Accessing, using the platform and its services, and browsing the Website’s pages are activities undertaken by the Partner solely for the purpose of consulting and purchasing the Services.

5.2 – The Partner is solely responsible for any use of the Website in violation of these GTCU. No liability shall be attributed to the Website owner in the event that the Partner uses the Website in a manner contrary to these GTCU or in violation of applicable laws.

5.3 – The Partner assumes full and unconditional responsibility for the accuracy and truthfulness of the data and information provided, both their own and those of third parties for whom the Partner guarantees to have the appropriate legal basis for providing, communicating, and/or disseminating such data, including obtaining any required prior consents from the data subjects. The Website owner shall not be held liable in this regard, as it merely processes the data provided by the Partner.

5.4 – Any content downloaded from the Website by the Partner is done at their sole discretion and risk. The Website owner disclaims any liability for potential damage to computers, IT equipment, or other devices, including data loss resulting from such activities carried out by the Partner.

5.5 – The Website owner disclaims any liability for damages resulting from service interruptions or inaccessibility of the Website’s services, as well as for damages caused by viruses, worms, trojans, corrupted files, deletion of Website content, connectivity issues, network malfunctions, internet service providers, telephone or telecommunication failures, unauthorized access, data alterations, or malfunctioning of the Partner’s electronic devices.

5.6 – The Partner is solely responsible for safeguarding and properly using their personal information, including login credentials for the Website and/or restricted services. As such, the Partner shall indemnify and hold harmless the Website owner, and consequently Fabbrica di San Pietro, from any claims arising from the improper use, loss, or theft of such information, or from its use in a manner contrary to these GTCU.

5.7 – A Partner accessing the Website from countries outside Italy and Vatican City is responsible for verifying the compliance of the offered Services with the local regulations in their country of residence. HIVE disclaims any liability for the improper or non-compliant use of the Website and its content in countries where local laws may differ from Italian regulations.

5.8 – To the extent permitted by law, HIVE disclaims any direct liability towards final consumers for the Services purchased by the Partner. Liability for non-conformity or contractual breaches rests entirely with the Partner, who undertakes to hold HIVE harmless from any disputes with final consumers.

5.9 – Any non-conformity related to the Services purchased through the Website must be reported by the Partner directly to the service provider. The Partner acknowledges and accepts that failure to communicate such defects to HIVE within a reasonable timeframe may result in the loss of any remedial rights, with no liability attributable to HIVE.

5.10 – The Partner is obligated to provide final consumers with all necessary information regarding the purchased services, including the general and specific terms applicable to individual tourist services or travel packages.


Article 6 – Website Content

6.1 – The content, materials, information, technical data, product and service specifications offered on the Website, as well as references, are subject to change at any time without giving rise to any liability and/or obligations towards the Partner and/or third parties.

6.2 – The information provided on the platform is offered "as is," without any representation and/or warranty regarding its accuracy, completeness, or timeliness, nor are any other warranties provided in this regard. Any material or content published on the Website may contain inaccuracies or errors. In such cases, the Partner has the right to report them using the following email address: legal@basilicasanpietro.va. Upon receiving a report, and after verification, the reported content will be modified, updated, or removed at the sole discretion of the Website owner and without prior notice, in accordance with the provisions of the Digital Services Act (Regulation (EU) 2022/2065), without incurring any liability on the part of the owner. The Website owner and HIVE commit to handling all reports transparently and fairly, informing the Partner of the actions taken in response to the report.


Article 7 – Disclaimer of Liability

7.1 – The maintenance of the Website and its content is carried out diligently by its owner and HIVE. However, this does not constitute any guarantee regarding the completeness, accuracy, or timeliness of the content, data, and information published on the Website. Therefore, the Website owner and HIVE shall not be held liable for any damages resulting from the Partner’s use of any information and content published on the Website.

7.2 – The Website owner and HIVE disclaim any liability for any consequences arising from malfunctions or failures of the hosting server, as well as from the use by the Partner of any content, information, or data published on the Website, even if such content may contain errors, omissions, inadequacies, or inaccuracies.

7.3 – The Website owner and HIVE shall not be held liable for damages resulting from the failure to provide the services available on the Website or from the inaccessibility of the Website due to, for example, server malfunctions, electronic device failures, software issues, computer viruses, worms, trojans, hacking activities, third-party actions, internet network failures, or connection methods used by the Partner that are beyond their control.


Article 8 – Links to Other Websites and Web Pages Linking to the Website

8.1 – For the Partner’s convenience, the Website may contain links to other sites that are owned and/or operated by third parties, which are entirely independent and separate from the Website. HIVE and Fabbrica di San Pietro have no control over such sites, their content, or the information and data published on them, and assume no warranty and/or liability in this regard. Before accessing such sites, the Partner is encouraged to carefully read the terms and conditions governing their use, including any related privacy policies, as these GTCU and the specific documents referenced herein apply exclusively to this Website.

8.2 – The Website may also be accessed via third-party sites that contain a link or banner directing the Partner to the Website.

8.3 – The link or banner directing the Partner to the Website may not be activated by third parties other than HIVE and/or the domain owner.

8.4 – The activation of links in violation of these provisions and without express authorization entitles the domain owner and HIVE to take any appropriate action, including immediate deactivation of the link and claims for damages, including but not limited to harm to reputation, image, and cases of unfair competition. The activation of unauthorized deep hyperlinks (such as deep frames or deep links) to the Website, as well as the unauthorized use of metatags, is strictly prohibited.

8.5 – If the Partner intends to purchase services or travel packages presented on the Website, or to buy tickets for access to historical and cultural areas of the Basilica of St. Peter or book access to the Basilica, they may do so by accessing the platform through the appropriate link provided on the Website. The general terms and conditions of sale applicable to such purchases are governed by specific conditions that must be expressly accepted by the Partner before proceeding with the purchase, to which express reference is made.


Article 9 – Processing of Personal Data and Cookie Policy

9.1 – The data provided by the Partner during registration on the Website or thereafter is processed by HIVE in its capacity as the data controller, in compliance with and in accordance with the applicable regulations on personal data processing, as specified in the dedicated section of the Website containing the information notice pursuant to Article 13 of Regulation (EU) 2016/679 (“Privacy Policy”), accessible via the link located in the “Legal” section of the Website footer.

9.2 – The Website also uses cookies, which are managed in accordance with the terms and conditions specified in the dedicated section of the Website containing the Cookie Policy, accessible via the link located in the “Legal” section of the Website footer.

9.3 – HIVE also operates as an independent data controller for the personal data of the Partner’s Clients, limited to the following areas:

i) Administrative and fiscal management of bookings made on behalf of the Partner through the Website;

ii) Retention of personal data for regulatory compliance and fulfillment of contractual obligations;

iii) Legal obligations.

9.4 – The Partner, in its role as a reseller of the Services, is also an independent data controller for the personal data of its own final Clients. As such, the Partner:

i) Is responsible for the collection, management, and storage of the personal data of final consumers, in compliance with the applicable personal data protection regulations;

ii) Must provide final consumers with a privacy notice pursuant to Articles 13 and 14 of the GDPR, specifying that data may be transmitted to HIVE for the purposes described in this contract;

iii) Guarantees the lawfulness, fairness, and transparency in the processing of personal data, including handling any data subject requests.

9.5 – HIVE and the Partner commit to ensuring the exercise of the rights provided under Articles 15-22 of the GDPR (including access, rectification, erasure, restriction of processing, data portability, objection, and protection against automated decision-making) within their respective areas of responsibility.

9.6 – In the event of security breaches leading to the destruction, loss, alteration, unauthorized disclosure, or access to personal data, where such breaches are relevant to the other party, HIVE and the Partner commit to:

i) Notify the other party of the incident within 48 hours of detection;

ii) Fulfill the notification obligations towards the Data Protection Authority and, if necessary, inform the affected data subjects.


Article 10 – Applicable Law

These GTCU are governed by and shall be interpreted in accordance with Italian law, with the express exclusion of the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods.

Any dispute arising from the interpretation, execution, or termination of these General Terms and Conditions shall fall under the exclusive jurisdiction of the Court of Milan, with the express waiver by the Parties of any other jurisdiction that may otherwise be applicable under the law.