The decree signed by Prime Minister Giuseppe Conte provides for the closure of gyms, swimming pools, theaters and in general all meeting places from Monday 26 October until 24 November: a scenario similar to that which occurred in March and April. Here’s what happens with subscriptions, vouchers and refunds
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ALL THE MEASURES OF THE NEW DPCM OF 25 OCTOBER
The new Dpcm signed by the Prime Minister Giuseppe Conte provides, from Monday 26 October to 24 November, the closure of gyms, swimming pools, theaters and in general all meeting places: a scenario similar to that which occurred in March and April. What will happen now with season tickets, perhaps paid for the entire theater season, or for the annual entrance to a gym or swimming pool? And how to get any refunds? (COVID, LIVE UPDATES – THE SPECIAL)
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What the Relaunch decree provided
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First of all, it is useful to go and fish out the rules introduced with the Relaunch decree and designed to solve mirror situations that occurred during the first lockdown. On that occasion, the provision made it possible to submit a refund request, until 18 August, for all subscriptions already paid for “all types” of sports facilities as they were not used during the period of closure for the quarantine. To do this, it was necessary to attach the receipt of the payments made. The reimbursement was requested from the plant manager who had 30 days to return the amount paid. But, alternatively, he could also offer a voucher of the same value to be used in the same structure “within one year of the cessation of the suspension measures”. That is to say, by November 2021. A possibility contested by some consumer associations, which consider the regulation of vouchers to be in conflict with EU legislation. According to reports from the Courier service, ask that the voucher be a choice of the consumer, who, if he does not want it, should be entitled to a refund of the ticket.
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The peculiarities for concerts and shows
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New Dpcm, what the provision for cinemas and theaters provides
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A separate situation concerned the tickets for concerts and shows. After the words of Paul McCartney an amendment to the Relaunch decree intervened against the Italian mechanism for reimbursement, via vouchers, of tickets for concerts canceled due to coronavirus. The decree established that the organizer of the event will refund or issue a voucher of the same amount as the purchase title, to be used within 18 months of issue. The issue of the vouchers provided for in this paragraph fulfills the related reimbursement obligations and does not require any form of acceptance by the recipient. The promoter “will, however, refund with restitution of the sum paid to the purchasers at the expiry of the validity period of the voucher when the artist’s performance originally planned is canceled, without postponing it to another date within the same period of validity of the voucher ( 18 months, ed). In the event of definitive cancellation of the concert, the organizer will immediately refund the amount paid “.
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How to get refunds
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Coronavirus, all measures in the new Dpcm of October
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Still different is the situation of those who do not want the voucher for sports passes and do not intend, for example, to return to the gym or swimming pool. Consumer associations, still explains the Courier service, suggest asking for a refund for the closing period or for the remaining installments of the subscription. If the manager does not accept, they recommend sending a return registered letter or a pec for formal notice, ordering the termination of the contract. If within 10 days there is no answer or a negative answer, it will be necessary to contact the justice of the peace. If the payments have been made through the intermediation of a financial company, it will be possible to request the termination of the consumer credit agreement from the same financial company, ordering the termination of the loan agreement pursuant to art. 125 quinques of the Consolidated Banking Act and the reimbursement of the installments paid for services that could not be used. In the absence of a response or a negative response, it is finally possible to contact the Financial Banking Arbitrator.
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