The contract of a public offer for events
The contract of sale of tickets for cultural and entertainment events.
(Public offer of LLC "Ticket Agency "Karabas")
1. In the present document, the following terms shall have the same in singular and plural (unless otherwise follows from the meaning of the term and (or) definitions) the following values:
1.1. "Agent" – OOO "Ticket Agency "parasitic" is authorized to act on the basis of contracts concluded with the Principal on registration and selling Tickets for the Event.
1.2. "Cancellation" – remove Tickets from the Order with automatic transfer to the open market in the System. The order is not paid within the Period of the reservation are canceled automatically at the end of the Period of the reservation (unless otherwise provided further information on the website).
1.3. "Ticket" – the document generated using the automated System of the Agent on the form, OOO "Ticket Agency "parasitic" certifying the right of the Buyer to visit (pass, view, listen to) Events containing information about name, date, time, place, allocated to the customer place at the Event (sector, row, etc.), the cost of the service visit Meropriyatii the amount of the Service fee, as well as additional information of a legal or technical nature.
1.4. "Electronic ticket" – the document generated using the automated System of the Agent on paper or electronic format, certifying the right of the Buyer to visit (pass, view, listen) the Event containing a barcode, order number, surname and name of the Recipient of services, information about name, date, location of the Event, the selected Buyer location (sector, row, etc.), service cost of the Event and the amount of the Service fee, as well as additional information of a legal or technical nature. Availability of services, the formation of the E-ticket is governed by the Event Organizer and/or Agent and depends on the possibility of using the venue of an automated access control system based on barcode reader and/or the ability to obtain the Ticket directly at the point/points sale the venue before the Event according to the terms of this agreement.
1.5. "Reservation" – formed Order, which is in the standby mode of payment by the Buyer.
1.6. "the period of the reservation" – the period of time from time of Ordering until the moment of payment of the Order, established by the Agent in the System for each Event separately, for which Tickets included in the Order is unavailable for use by other persons, except the Buyer of this Order during the entire Period of the reservation.
1.7. "Ordering" – one or more Tickets for one Event selected by the Buyer from the System and combined into a single identification number.
1.8. "Event" – cultural and entertainment event, including a theatrical performance, circus performance, concert, exhibition, film screening, festival, show, fashion show, sporting event, tour and any other event, admission to which is possible only on presentation of a special document - ticket and/or electronic ticket.
1.9. "Organizer" – a legal entity the individual entrepreneur who is entitled to carry out the organization and conduct of measures under the relevant contracts.
1.10. "offer" – a contract of sale of tickets for cultural and entertainment events (Public offer of LLC "Ticket Agency "parasitic") published via email www.karabas.com/offer and/or available at the request of the buyer at the point of ticket sales.
1.11. "Buyer" – a natural or legal person who uses the services of Agent for booking and ticketing on condition of compliance with this agreement.
1.12. "the recipient of the ticket" – a physical person authorised by the Buyer to purchased the Ticket and also having the right to exchange the E-ticket on the Ticket in accordance with the terms of this agreement.
1.13. "the Principal" of the event - a legal entity or individual entrepreneur, which instructs the Agent to commit to Ticket Buyers.
1.14. "Service fee" – cash additionally charged to the Buyer upon the sale of Tickets for its Agent services booking and ticketing associated with the procedure of sale of tickets through a System Agent. The Service fee for each Ticket is a percentage of the cost of the service specified on the Ticket, traditionally – 10% (Ten percent), but in some cases may be calculated in amount, individually prescribed Agent.
1.15. "System" – automated information system karabas.com - the program complex intended for booking Tickets and consisting of web-portal karabas.com and internal office automation systems business processes that meet the requirements for protection against unauthorized access, identification, fixation and preservation of all operations with the Ticket (including Electronic ticket), but also provides when completing a Ticket (including Electronic ticket) and the issue of the Ticket (including Electronic ticket) the preservation of the unique serial number of the Ticket (including Electronic ticket).
1.16. "Operator" – a legal entity, individual entrepreneur or natural person that sells Tickets to Customers on the basis of the concluded Agent agreements for the sale of tickets for various Events. The rules of this Offer for such agreements are in force, unless otherwise stated in the agreement between the agent and the Subagent.
1.17. "selling Point" – office and web-sites on the Internet which sell Tickets as an Agent and sub-agents of the Agent.
2. GENERAL PROVISIONS
2.1. This offer reglementary the conditions and procedure for the sale of Tickets, as well as the rights and obligations arising in connection with this Agent and the Buyer.
2.2. Selling Tickets to the Purchaser, including E-tickets, exclusively produced in the conditions of hereof and only in case of complete and unconditional acceptance of this offer by the Buyer (acceptance of Offer). Partial acceptance, or acceptance on other conditions is not allowed.
2.3. If the Buyer does not accept in full the conditions of the Offer, the sale of Tickets, including Electronic tickets, are not made. Purchased Tickets cannot be returned, including in the event of failure of the Buyer on the basis of disagreement of the Buyer with the terms of this Offer after the acceptance of its terms and payment of the Ticket. Refunds for purchased Tickets is possible only in the manner and on the terms set forth herein
2.4. When you purchase tickets from the Agent a legal entity the payment is made by the legal person only by transferring funds to the settlement account of the Agent on the basis of an invoice issued by the Agent.
2.5. The agent reserves the right to amend this Offer, but in any case, such changes will be posted in a timely manner and are available on the Internet and in sales Outlets. Use the Buyer service Agent after making changes in the text of the Offer means the acceptance of the Offer with the changes.
2.6. Conditions this Offer applies to Buyers who are paying through the Internet site karabas.com and at the Point of sale, and does not depend on the form of payment.
2.7. The agent may terminate the Offer at any time without prior notice to the Buyer in the event of a breach of the terms of this Offer and other rules.
2.8. This offer takes effect from the date of its posting on the website of the Agent and is valid indefinitely.
3. The subject of the OFFER
3.1. The subject of this Offer is to provide the customer with such services as booking, registration, sales and delivery (the latter for an additional fee charged in addition to Service charge) Tickets for Events in the manner and on the terms set forth herein (hereinafter – Services).
3.2. Agent is not responsible for the actions of the Principal and/or the event Organizer and/or third parties for the sale of Tickets, acting on their own behalf and/or on behalf of the Principal or Organizer of the event, as well as for the organization and the fact of the Event.
3.3.In accordance with the provisions of the law of Ukraine “On protection of personal data” є 2297-VI from 01.06.2010, the Buyer acknowledges and agrees to provide Agent and/or Subagent of their personal data, as well as personal data of third parties specified by the Buyer which are received by the Agent in the process of issuing a Ticket (Order), namely: surname, name, gender, contact number, city, delivery address (in case of provision of services for the delivery of Tickets) and email address. The processing of personal data of the Buyer in accordance with the legislation of Ukraine. The buyer gives the Agent the right to process personal data in connection with providing the Buyer the Services described in this agreement, including for purposes of obtaining a Buyer promotional messages about Events, tickets for which are sold by the Agent. Due to the fact that the processing of personal data of the Buyer in connection with the execution of the contract concluded on terms of this Offer, the Buyer's agreement to the processing of personal data is not required. The period of use of provided personal data for an indefinite period. The buyer warrants and is responsible for the fact that the data stated in the Order are voluntarily given to them and third parties when booking the Ticket, and all these persons have read and agree to the Offer.
4. Terms of ACCEPTANCE
4.1 this offer is the basic document in official relations between the Buyer and the Agent for buying and selling Tickets. Buyer's acceptance of this Offer is carried out by sequential buyer of the actions specified in paragraph 4.3 of this Offer (acceptance of the Offer). The Commission of acceptance by the Buyer of the present Offer is voluntary and is equivalent to a written agreement (paragraph 2 of article 642 of civil Code of Ukraine).
4.2. Before making an Offer acceptance the Buyer must be sure that all the conditions of this Offer are clear to him and he accepts them unconditionally and in full.
4.3. The acceptance of this Offer by the Buyer is carried out by successively performing the following actions:
a) contacting the Point of sale and/or access the Internet website of the Agent and/or Subagent, and/or call the Contact center Agent and/or Subagent;
b) selection of specific Activities and the category of the Ticket/s available at the time of application of the Buyer;
b) familiarization with the terms of this agreement;
g) introduction of the age limits for specific Activities, as well as providing a contact telephone number, email address, first and last name of the Recipient of the Electronic ticket, and subject to the completion of the delivery of Ticket/s address and time of delivery.
4.4. After performing all the actions specified in paragraph 4.3 of present Offer, the Buyer, depending on the chosen method of Ticket purchase: Ticket or E-ticket, makes a payment Order in accordance with the selected Buyer by method of acquisition and the corresponding this method of acquisition method of payment within the time stipulated the payment terms for the specific Event. The cost of the ticket additionally includes the cost of Subagenta's operating expenses and the bank's commission for making the payment.
4.5. After making the payment, the Buyer either receives the Ticket yourself to the Point of sales or through the issuance of delivery (for a fee), or independently printed E-ticket or writes the Electronic ticket to the memory of technical devices, owned by the Buyer, provided that such a device allows for the possibility of demonstration of document control (scanning) access control system at the venue of the Event.
4.5.1. When ordering tickets through the web site or Contact center Agent and/or Subagent of the Buyer is reported (or sent sms notification to the contact phone number and (or) e-mail address) the identification number of the Order, the Buyer is obliged to inform (sometimes together with their name, if this applies) when you receive a Ticket at the Point of sale or upon receipt of the Ticket when it is delivered. Turning to the Point of sales ticketing is in place or is it shipping to the address given by Buyer. The cost of delivery, its implementation, as well as other material information relating to the delivery of the Tickets posted on the Website of the Agent www.karabas.com and is an integral part hereof.
4.5.2. In accordance with the provisions of paragraph 4.5 of this Offer, the Buyer can receive the Electronic ticket by sending an Agent to the Buyer's email address, or by downloading by the Buyer directly from the Agent’s site. Sending of the Electronic ticket is carried out only under condition of performance by the Buyer of obligations for the full payment of the Electronic ticket and the Service fee (if collection Service fee).
5. The PAYMENT PROCEDURE
5.1. The buyer has the right to purchase Tickets in any of the ways suggested by the Agent, about whom there is information on the website of the Agent and/or Subagents, Point-of-sale and (or) reported in the Contact center Agent.
5.2. Payment is deemed to be committed by the Buyer at the time of confirmation of the successful transaction by the Bank or payment system or at the time of receipt of money resources in cash Desk of the Point of sale.
5.3. In the case of payment by Bank card on the web site of the Agent and/or Subagent and the Outlets of the Agent and/or the Subagent the Buyer is obliged to use a Bank card issued in the name of the Buyer. At the same time cashier at the Point of sale of tickets shall be entitled to require the Buyer to provide original documents certifying the identity of the Buyer.
5.4. An electronic ticket can be obtained only when the formation of the Order by the Buyer directly on the Internet website of an Agent or Subagent and payment only by credit card or other cashless way, information about which is given on the website of the Agent.
5.5. After the payment Order in accordance with clause 5.2 of this Offer, the Order is considered sold and the buyer acquires the right to attend the Event.
5.6. If non-payment or only partial payment of the Order within the period of the reservation Order shall be considered unsold and will be cancelled.
6.1. Funds received by Agent as payment of the Ticket/Electronic ticket shall be refunded to Buyer only in case of cancellation/replacement/postponement of the Event and upon receipt by the Agent of the official letter of the Principal/event Organizer, stating the terms (duration, time, place) and refund tickets. Information about the order, the date, time and place of return tickets are available on the website of the Agent. In the case that a refund to Customers for cancelled, replaced, or postponed the Event for Tickets purchased from the Agent, is carried out at the offices of the Principal and (or) the Organizer of the event, according to an official letter to the Principal and (or) the Organizer, the Buyer is not entitled to make a complaint to the Agent. For replaced or migrated Events, if the Buyer does not agree to the replacement/transfer, returning him to cash in the day of the Event at the offices of the Principal and (or) the Organizer of the event, according to an official letter to the Principal and (or) the Organizer, unless otherwise specified in the official letter to the Principal and (or) Organizer.The buyer is not entitled to make a complaint to the Agent.
6.2. A refund in accordance with the terms of this Offer for tickets purchased by the buyers is only for Tickets purchased at Points of sales or on the Internet website of the Agent and Subagent, if the return location specified in the official letter of the Principal/ Event Organizer according to the paragraph 6.1. the Offer.
6.3. Money is returned to the Buyer only provided that actual return of the purchased ticket of the Buyer.
6.4. A refund in accordance with the terms of this Offer for tickets purchased by the buyers is always made minus the Service charge of the Agent and the cost of delivery ordered and paid for the purchaser of the Ticket/s (if the delivery was ordered and paid for by the Buyer).
6.5. The agent does not refund for lost, damaged Tickets, and Tickets with any corrections and hidden by any artificial means.
7. The RIGHTS AND OBLIGATIONS of the PARTIES
7.1. The buyer has the right to:
7.1.1. Independently from open sources to inquire about the price of Tickets for Events and services of other official ticket operators when making decisions about the purchase of tickets from the Agent.
7.1.2. Get information on rules of sale of Tickets, Ticket types and other information for Activities owned by the Agent within its authority, using the Internet, call the Contact center Agent and other methods specified on the website of the Agent. The agent has the right without explanation to refuse the Buyer on the reservation and/or Ticket.
7.1.3. Select the method of payment of the Ticket from the Agent on the website and/or Point of sale Agent. In this case, the Buyer is obliged to read the rules of use of one or another method of payment.
7.1.4. To provide feedback about the Agent via the contacts listed on the website.
7.1.5. Opt to purchase a Ticket or E-ticket for the Event, if the possibility of acquiring an Electronic ticket to an Event is permitted by the Principal and (or) the Organizer of the Event and as specified by the Agent on the Agent's Website.
7.1.6. The buyer has the right to refuse to purchase tickets from the Agent prior to making the payment Order in accordance with the terms of this Offer. Such a refusal would entail the termination to the Purchaser all obligations of the Agent.
7.2. The buyer must:
7.2.1. Get acquainted with all the rules and conditions of this Offer and accept them when purchasing tickets, as well as any additional rules governing the relationship of the Parties in accordance with this Offer.
7.2.2. When Ordering, provide the necessary true, accurate and complete information about yourself. The buyer acknowledges that he bears full responsibility for the data reported to the Agent. The buyer acknowledges that it has no claims to the agent for the incorrectly placed by the Purchaser using the Internet site of Agent Ordering, as he didn't make sure it is correct during commit processing.
7.2.3. To pay in full execution of Order.
7.2.4. In the case of purchase of Ticket through Internet website of the Agent, provided that payment by wire transfer of funds for the Order without delivery, contact the Sales Agent not later than the date of the Event to obtain the Ticket. At the time of applying for the Ticket to inform the identification number of the Order, and to show the document proving the identity of the Buyer or Recipient of the Ticket. The presentation of the document is necessary to avoid possible fraudulent transactions.
In the event that the Buyer or recipient of the ticket is not made in a timely manner the exchange of the Electronic ticket to the Ticket, for reasons beyond the Agent's control, Agent shall be considered adequate to fulfill its obligations under this Offer.
The buyer is not entitled to make a claim to the Agent in case of not getting a Ticket before the date of the Event for reasons beyond the control of the Agent.
7.3. The agent shall be entitled to:
7.3.1. To require the Buyer to comply with the procedure of registration/payment Order according to the rules stated in this Offer.
7.3.2. If the Buyer refuses to accept the present Offer on the conditions set out therein to refuse the Buyer to sell him a Ticket and the provision of Services.
7.3.3. At any time to modify any of the System software of the Agent, including the website, suspend the operation of software ensuring the functioning of the site, with detection of significant faults, errors and failures, and to do preventative maintenance and prevent unauthorized access to the site.
7.3.4. To set and change tariffs for its Services unilaterally and at any time.
7.3.5. To include in the cost of the Order and charge buyer a Service fee. The cost of delivery of the Ticket is paid separately.
7.3.6. To require from the Buyer full payment of the ticket or Electronic Ticket before you make the sale of the Ticket.
7.3.7. To cancel an Order if it is not paid during the period of the reservation. The cancelled Order cannot be recovered for re-payment, except by creating a Buyer of a new Order.
7.3.8. At non-observance by the Buyer of any of the paragraphs of the Offer to refuse further provision of services.
7.4. The agent shall:
7.4.1. Provide the Buyer with:
- necessary information about a specific Event.
- the necessary information concerning the date, place and time of refund for Tickets purchased in case of cancellation/replacement/postponement of an Event. The basis for the provision of such information is a formal letter to the Principal and/or the event Organizer.
- instructions for registration/payment/receipt of the Ticket. The exhaustive information is considered that information which the Agent publishes on its website, and provides Point-of-sale and box office Agent.
7.4.2. Do not use Buyer's personal data for unauthorized distribution of materials not related to decorated Orders.
8.1. In the case of non-performance or improper performance of its obligations contemplated herein, the Parties bear responsibility in accordance with Ukrainian legislation and the terms of this agreement.
8.2. The liability of the Agent to the Buyer is limited to the function of the organization and implementation of interaction between the Principal (and/or the Organizer) and the Buyer for the purpose of sale of the Ticket.
8.3. The agent shall not be responsible for non-compliance provided by the Principal service the expectations of the Buyer and/or subjective evaluation. Advice and recommendations provided to the Buyer cannot be considered as guarantees.
8.4. The buyer assumes all possible commercial risks associated with his actions on the errors and inaccuracies when giving their personal data.
8.5. The agent shall not be responsible for any damages and moral damage incurred by the Buyer as a result of erroneous understanding or misunderstanding of the information about the order of registration/payment as well as receipt and use of Services.
8.6. The parties are relieved from responsibility for full or partial failure to perform its obligations hereunder where such failure resulted from force majeure circumstances, i.e. extraordinary and unavoidable under the given circumstances. To force majeure, in particular natural disasters, acts of war, strikes, natural disturbances and protests,actions and decisions of public authorities, failures arising in telecommunications and energy networks.
8.7. The agent shall not be responsible for the performance and (or) security of communication channels used by the Buyer to access an Internet site Agent, and also for the security of information, including E-ticket received by the Purchaser in accordance with the terms of this agreement.
8.8. All claims or suits associated with this Offer must be claimed in writing within 10 (Ten) calendar days from the date of their occurrence. After this period complaints be considered by the Agent will not.
9. SEPARATE PROVISIONS IN RESPECT of ELECTRONIC TICKET
9.1. When you purchase the Electronic ticket the Buyer in any case shall provide your valid e-mail address, phone number, and indicate your name and the name of the Recipient of the Ticket (in some cases passport details if there are such requirements under the Laws of Ukraine and/or the Principal and/or Organizer). In case of not providing such information (valid e-mail address, phone number, name and surname of the Buyer and Recipient of the Ticket, passport data), as well as in the case of providing false or invalid information, the Agent may refuse the Buyer in the acquisition of the Electronic ticket.
9.2. The buyer accepts and agrees that he is fully responsible for any false or invalid e-mail address.
9.3. The electronic ticket is sent to the Buyer on his email address only under condition of observance by the Buyer of the terms of this Offer of payment for the Electronic ticket and Service charge (if the Service fee is charged).
9.4. The buyer shall independently and at own expense to print an E-ticket. When printing out the Electronic ticket the Buyer should ensure proper printing quality of the Electronic ticket. In the case of non-performance or improper performance of the obligation set forth in this paragraph, the Buyer is fully responsible for such actions (inactions), including in case of refusal by the Principal/Event Organizer to enter the venue. Agent is not responsible for any loss arising from the Buyer, in case of violation of the terms of this paragraph, due to the fact that the Agent is not a party to the agreement of rendering of services connected with the Event.
9.5. The buyer is entitled, if such is permitted by the Principal and/or the Organizer of the Event and specified by Agent at the time of booking E-ticket on the website of the Agent, when passing to the Event to present the E-ticket stored in the memory of technical devices, owned by the Buyer, provided that such a device allows for the possibility of demonstration of document control (scanning) access control system at the venue of the Event.
9.6. The buyer is solely responsible for the safety and protection of the Electronic ticket from being copied. In the case of copying the Electronic ticket access to the Event will be opened by the ticket that was filed first.
9.7. The owner of the electronic ticket, whose personal data recorded in the electronic ticket (the Purchaser or the recipient of the ticket), with confirmation by the Agent has the right to contact the Sales Agent before the Event to obtain the Ticket (instead of an Electronic ticket) on the basis of the document proving the identity. In case of exchange, Buyer/Recipient of the ticket E-ticket on the Ticket before the date or on the day of the Event, the Buyer/Recipient of the ticket loses the right to exercise access to the Event E-ticket. In this case, access to the Event will be just the Ticket.
10. DISPUTE RESOLUTION
10.1. Disputes arising from the execution of the contract on the terms and conditions hereof shall be binding subject to the claim procedure. The claim is the Agent in writing, together with documents justifying the claims, within a period not exceeding 10 (ten) calendar days from the date of arising of the cause of the dispute. A claim is considered received by the Agent not later than 10 (ten) calendar days.
10.2. If you cannot reach agreement, the disputes shall be referred in the manner prescribed by the current legislation of Ukraine.
10.3. For all other matters not provided for in the Offer, shall be governed by the laws of Ukraine.
11. The validity of the OFFER
11.1.This offer takes effect from the date of its posting on the website of the Agent and is valid indefinitely. The provisions of this paragraph shall apply to additions (amendments) hereto.