TicketLIVE - Listen, See, Feel

GENERAL TERMS AND CONDITIONS OF TICKETLIVE PRO S.R.o.

 

1.             PRELIMINARY PROVISIONS

1.1         These General Terms and Conditions (hereinafter the “Terms and Conditions”) govern the legal relations between Ticketlive PRO s.r.o, Reg. No.: 050 42 160, based at Křížová 2598/4, Smíchov, 150 00 Praha 5, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 257442 (hereinafter the “Operator”) and third parties regarding the sale of Tickets for Events, as defined below, through the sales network of the Operator.

1.2         The Customer declares that before purchasing the Ticket he/she was acquainted with the content of the Terms and Conditions and agrees with them and accepts them without reservation.

 

2.             DEFINITION OF TERMS

For the purposes hereof, the used Capitalized terms have the following meaning:

2.1         Event – A social, cultural, sporting or other event involving the use of leisure time, which takes place at the time and in the place designated by the Organiser.

2.2         Entrepreneur - One who independently carries out on its own account and responsibility
self-employment as a trade or by similar means with the intention to do so consistently and for profit. An Entrepreneur is, as specified by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), also considered every person who enters into contracts related to his own business, manufacturing or similar activities or during the practice of their profession, or a person acting for or on behalf of the Entrepreneur. For the purposes of these Term and Conditions, an Entrepreneur means a person who acts in accordance with the preceding sentence as part of his business activity.

2.3         Organiser – A person or legal entity different from the Operator organizing the Event. Information about the relevant Event Organizer is listed in the order form and on the Ticket. To avoid any doubt the Operator declares that he is not the Organizer of Events for which the Tickets are sold.

2.4         Sales point – Business premises of the Operator and/or contractors of the Operator, where you can book, buy or pick up purchased Tickets. Sales points are marked with Ticketlive logo. A list of Sales points can be found on: https://www.ticketlive.cz/en/salepoint

2.5         Sales network - Sales points and the website of the Operator. The Operator is entitled to stipulate that specific Event Tickets won’t be sold through Sales points or will be sold only through selected Sales points.

2.6         Consumer - A person who, outside his business or outside the practice of his profession, purchases a Ticket or otherwise negotiates with the Operator or the Organizer.

2.7         Ticket - A valuable issued in the Sales network, which entitles its holder to enter a specific Event. By submitting the Ticket and subsequent participation in the Event the holder provides his agreement with the Operating and Visitor's Rules of the venue holding the Event and undertakes to respect the instructions of the relevant Event Organizer.

2.8         Customer – A Consumer or an Entrepreneur who is interested in buying a Ticket to the Event through the Sales network.

 

3.             MUTUAL RIGHTS AND OBLIGATIONS

3.1         If not stated otherwise, the Operator provides the sale and distribution of Tickets for individual Events in the name and on behalf of the Organizer, based on the contract of mandate between the Operator and the Organizer. Therefore, by purchasing the Ticket a legal relationship is created directly between the Customer and the Organizer. In some cases, the Operator provides the sale and distribution of Tickets for particular Events in its own name and on behalf of the Organizer, based on the commission agent`s contract. The Operator undertakes to inform the Customer about the manner of sale and distribution of the Tickets to the particular Event upon the Customer`s request.

3.2         The Operator is not the Organizer of individual Events for which the Tickets are sold. The Events are organised by the Organizer who is held responsible for the organisation and the programme of the Event, including its content, quality and range of services offered at the Event and the dates of the Event. The Organizer reserves the right to change the programme, dates and venue of the Event and the Customer acknowledges this fact by buying the Ticket.

3.3         To avoid any doubt, the Operator states and emphasizes that he is not in any way responsible for the Event taking or not taking place, for the change in programme, dates or venue of the Event. The Operator is not responsible for the course of the Event, the events which occurred at the Event and is not responsible for any damage or any other harm to the Customers or third parties, which occurred during the Event or in connection with it. Any possible claims, including claims related to the change or cancellation of the Event, must be made by the Customer directly to the relevant Organiser, in accordance with the following complaint terms and conditions. This shall not apply in case that the Ticket to the particular Event has been sold by the Operator in its own name on behalf of the Organizer. In such case the potential Customer`s claims can be made to the Operator, in accordance with the following complaint terms and conditions.

3.4         The Customer is during his attendance at the Event always obliged to respect the rules set by the Event Organizer, follow the Operating and Visitor's Rules of the Event venue and respect the instructions of the relevant Event Organizer.

 

4.             PURCHASING THE TICKET

4.1         The Operator is in no way responsible for the authenticity and validity of tickets purchased outside of the Sales network.

4.2         The Organizer may, at his discretion, issue one or more types of Tickets for individual Events, which may vary for example in price range or services associated with it. Information about the types of Tickets is available at Sales points and the website of the Operator.

4.3         The number of Tickets for an Event can be limited. Tickets can be purchased only if they are still on offer from the Operator and were not sold out.

4.4         Tickets can be purchased in the following way:

4.4.1   Direct sale                   -    also possible without prior booking exclusively at the Sales point during its opening hours;

-       after payment of the purchase price of the Ticket at the Sales point, the Customer will receive the original of the Ticket.

4.4.2   Online booking           -    the booking of the Ticket must be made exclusively through the website or mobile application of the Operator after prior Customer registration and account creation or by telephone;

-       Tickets cannot be booked in the last 3 days before the Event;

-       The Customer may order only 10 Tickets for one Event in one booking;

-          the booking is confirmed to the Customer via e-mail to which the booking number is sent;

-          the purchase price of the booked Ticket can be paid only at the Sales point upon submission of the booking number;

-               the purchase price of the Ticket may change between the time of the booking and the time the Ticket is purchased, the binding price is always the price at the time of the booking;

-     the booking is valid for 24 hours from the time of its confirmation, in the case of failure to collect the Ticket within this period, the booking will be automatically cancelled and the Ticket re-released for sale.

4.4.3   Online sale                  -      the Ticket can also be purchased online through the website or mobile application of the Operator after prior Customer registration and account creation or by telephone;

-            the Customer can in one order purchase a maximum of 10 Tickets for one Event;

-      before payment of the purchase price, the Customer chooses the method of Ticket delivery (i.e. by post, courier or email – e-Ticket). Tickets cannot be sent to be paid by cash on delivery;

-      The Ticket can be paid in the following manner:

·           by payment card through an online payment gateway. Payment by payment card may be charged; the Customer will be informed about the amount of any fee prior to payment;

·           by bank transfer to the Operator's account No. 2401093550/2010 according to the instructions that will be sent to the Customer via e-mail. The purchase price must be credited to the Operator's account within 2 working days or the order will be cancelled. In the event that the purchase price is paid only in part, the Order will also be cancelled. In case of cancellation the Operator sends a possible payment back to the Customer. When entering a payment order, the Customer is required to fill in the correct variable symbol of the order, which he received in the confirmation e-mail. In case of an incorrect or missing variable symbol, the order is cancelled. Bank transfer payment is only possible with a sufficient time period prior to the Event. If payment is not credited to the Operator’s account at least 24 hours before the event, the order is cancelled and any payment received later will be returned to the Customer. In the case of buying the Ticket in less than 5 working days before the Event, the Operator recommends to the Customer to pay the purchase price of the Ticket by other method of payment (e.g. by payment card). Payment by bank transfer is not possible if the Customer purchases the Ticket in less than 3 working days before the Event. A bank transfer can be charged according to the valid price list of the Customer’s bank;

-      the Customer receives an e-mail confirmation of receipt of the order and after payment of the purchase price of the Ticket, or rather after the payment is credited to the Operator’s account, the Customer receives a confirmation of the successful completion of the order;

-      in the case of choosing an e-Ticket, the Ticket is sent to the Customer in PDF format via e-mail with the confirmation of order completion. The Customer may download the e-Ticket also after logging into his account on the website of the Operator. The e-Ticket must be printed and shown when entering the Event, without a printed version of the e-Ticket the Customer will not be admitted to the Event;

-      the e-Ticket has a specific bar code, which will be subject to checks at the entrance to the Event. Admission to the Event will be permitted to the Customer who first submits
an e-Ticket with the appropriate bar code. Potential additional Customers submitting an e-Ticket with the same barcode will not be admitted to the Event. The Operator or the Organizer are not in any way responsible for any damage caused by unauthorized copying of an e-Ticket duly delivered to the Customer who placed the order.

4.4.4. Group orders               -      Ticket orders in the amount of more than 10 pcs can be made only by e-mail at the e-mail address of the Operator below; e-mail orders are binding offers to conclude a purchase contract for the purchase of Tickets and must contain at least: name, date and time of the Event; number of Tickets; and identification and billing information of the Customer. The purchase contract is concluded when the Operator sends an e-mail order confirmation. To avoid any doubt it is stated that the Operator is not obligated to accept the Customer's order;

-      the Ticket purchase price will be paid by the Customer based on the invoice issued by the Operator and delivered to the Customer via e-mail. The invoice due date is five (5) days from the date of dispatch to the Customer and the payment will be credited to the Operator’s account indicated on the invoice; and

-      the Operator delivers Tickets to the Customer without undue delay after receipt of payment in the manner agreed between the Operator and the Customer.

4.5         The Ticket purchase price is final, including VAT and includes any possible related charges. When selecting the Ticket delivery by post or courier, the Customer shall also pay the postage and packing according to set rates. The Customer is informed about the postage and packing fees before confirming the order, and this amount is added to the purchase price of the Ticket.

4.6         Sending of the Tickets by post or courier can be ordered no later than 14 calendar days before the relevant Event, when it comes to sending within the Czech Republic and no later than 35 calendar days before the Event when sending the Ticket abroad. The Operator is not in any way responsible for late delivery or non-delivery of the Ticket.

4.7         If the Customer claims a discount offered by the Organizer for a relevant Event when ordering, he is required to prove the validity of this claim when picking the Ticket up at the Sales point and/or when he attends the Event. Discounts offered and the way of demonstrating the eligibility for a discount are provided on the website of the Operator as a part of the information relating to the relevant Event. If the Customer does not demonstrably prove his eligibility to apply the discount when entering the Event, he will not be allowed entry to the Event and will not be entitled to a refund of the purchase price of the Ticket.

4.8         In accordance with Section 1837 letter j) of the Civil Code, the Consumer cannot withdraw from the purchase contract regarding the Ticket using the procedure pursuant to Section 1829 of the Civil Code.

4.9         In accordance with law on electronic evidence, a seller shall be obliged to issue an invoice to a purchaser. At the same time, a seller shall be obliged to register the received income with the respective tax authority, however within 48 hours in case of a technical failure at the latest.

 

5.             COMPLAINTS

5.1         All complaints shall be governed solely by these Terms and Conditions, and in particular by this Article. Paid purchase price of the Ticket is non-refundable, unless these Term and Conditions state otherwise.

5.2         The subject of the complaint may be only Tickets purchased in the Sales network. The person authorized to file a complaint is only the Customer who bought the Ticket in the Sales network.

5.3         Filing a complaint regarding the Ticket:

5.3.1   The Customer is obligated, after receipt or delivery of the Ticket, to promptly check its accuracy and completeness, particularly, but not exclusively, the number of Tickets, type and price of the Ticket, the name of the Event and the time and place of the Event.

5.3.2   In the case of direct selling of the Ticket at the Sales point, the Customer is obligated to make a complaint regarding the content of the Ticket immediately after purchase to the staff at the Sales point. Later complaints will be disregarded. The staff at the Sales point will convey the information about how to resolve the complaint to the Customer. An incorrect or incomplete Ticket can be cancelled and a new issued. If for any reason this is not possible the Sales point staff fills in a letter of complaint with the Customer. In this case the Customer is obligated to return the Ticket, which is the subject of the complaint, to the staff of the Sales point.

5.3.3   In other cases, the Customer is obliged to file a complaint regarding the content of the Ticket to the Operator within 3 working days of receipt of the Ticket namely in writing to the address of the Operator or via e-mail. Later complaints will be disregarded.

5.3.4   A Customer who chose the method of the Ticket delivery by mail or courier, and whose Ticket was not delivered, informs the Operator of this in writing or via e-mail, who promptly applies the appropriate complaint to the postal service. Settlement of such claim, including the time for its settlement, is governed by the respective postal operators. If the complaint procedure determines that the Ticket was not delivered for reasons other than on the part of the Customers, the Customer is entitled to a refund of the purchase price of the Ticket, including the fee for delivery.

5.3.5   Risk of damage to the Ticket is transferred to the Customer at the time of its receipt. After this point, the Operator is not in any way responsible for any damage, destruction, loss or theft of the Ticket and the Customer in this case is not entitled to a new (replacement) Ticket or any compensation.

5.4         Filing a complaint due to a change or cancellation of the Event:

5.4.1   Sale of Tickets in the name and on behalf of the Organizer:

5.4.1.1  If not stated otherwise, the Operator provides the sale and distribution of Tickets for individual Events in the name and on behalf of the Organiser. The organisation and the programme of the Event, including its content, quality and range of services offered at the Event and the dates of the Event are the sole responsibility of the relevant Event organizer.

5.4.1.2  The Organizer reserves the right to change the date, the venue and the programme of the Event. Any change will be promptly announced on the website of the Operator, or at the discretion of the Operator in the media. Customer complaints due to any change in the Event will be referred for a statement and resolution to the Organiser. The Customer will be notified about the stance of the Organiser within 30 days, or has the opportunity to contact directly the relevant Organiser.

5.4.1.3  Potential cancellation of an Event will be promptly announced on the website of the Operator, or at the discretion of the Operator in the media. In case of cancellation of the Event the conditions and method of the purchase price refund of the Ticket are set by the Organizer. The Operator arranges the purchase price refund of the Ticket to the Customers only upon the instructions by the Organizer and in the case of the provision of the required funds by the Organizer.

5.4.1.4  In the event that the Organizer does not instruct the Operator to refund the purchase price to Customers and/or the Operator fails to provide adequate funds or provides it only partially, Customers may exercise their right to a refund of the purchase price or part thereof directly with the Organizer.

5.4.1.5  Customers will be informed about the way in which they may, in a particular case, claim a refund of the purchase price of the Ticket at any Sales point, on the website of the Operator or by e-mail at refund@ticketlive.cz. Unless stated otherwise, the purchase price of the Ticket will be refunded to the Customer at the Sales point where it was purchased. In the case of online sales via a payment card or a bank transfer the refund of the purchase price of the Ticket is ensured by the Operator by bank transfer to the bank account that the Customer communicates to the Operator.

5.4.1.6  When claiming a refund of the purchase price, the Customer is obligated to return the purchased Ticket to the Operator. If the Ticket is not returned, the Customer’s claim will be assessed as unjustified.

5.4.1.7  In the case of complaints due to a change or cancellation of the Event, the Customer is not entitled to a refund of postage or other fees for the delivery of the Ticket and fees for the payment of the purchase price of the Ticket.

5.4.2   Sale of Tickets in the name of the Operator on behalf of the Organizer:

5.4.2.1  In some cases, the Operator provides the sale and distribution of Tickets for particular Events in its own name and on behalf of the Organizer, based on the commission agent`s contract. The Operator undertakes to inform the Customer about the manner of sale and distribution of the Tickets to the particular Event upon the Customer`s request.

5.4.2.2  The Operator is not the Organizer of individual Events. Therefore, the Operator is not able to influence carry out and organisation of the Event, its programme, content, quality and range of services offered at the Event and the dates of the Event.

5.4.2.3  The Organizer and the Operator reserves the right to change the date, the venue and the programme of the Event. Any change will be promptly announced on the website of the Operator, or at the discretion of the Operator in the media. Customer complaints due to any change in the Event will be referred for a statement and resolution to the Organiser. The Customer will be notified about the stance of the Organiser within 30 days, or has the opportunity to contact directly the relevant Organiser.

5.4.2.4  Potential cancellation of an Event will be promptly announced on the website of the Operator, or at the discretion of the Operator in the media.

5.4.2.5  In the event that the Organizer does not instruct the Operator to refund the purchase price to Customers and/or the Operator fails to provide adequate funds or provides it only partially, Customers may exercise their right to a refund of the purchase price or part thereof directly with the Organizer.

5.4.2.6  Customers will be informed about the way in which they may, in a particular case, claim a refund of the purchase price of the Ticket at any Sales point, on the website of the Operator or by e-mail at refund@ticketlive.cz. Unless stated otherwise, the purchase price of the Ticket will be refunded to the Customer at the Sales point where it was purchased. In the case of online sales via a payment card or a bank transfer the refund of the purchase price of the Ticket is ensured by the Operator by bank transfer to the bank account that the Customer communicates to the Operator.

5.4.2.7  When claiming a refund of the purchase price, the Customer is obligated to return the purchased Ticket to the Operator. If the Ticket is not returned, the Customer’s claim will be assessed as unjustified.

5.4.2.8  In the case of complaints due to a change or cancellation of the Event, the Customer is not entitled to a refund of postage or other fees for the delivery of the Ticket and fees for the payment of the purchase price of the Ticket.

 

6.             CUSTOMER REGISTRATION AND PERSONAL DATA PROTECTION

6.1         A necessary condition for the use of Operator’s services through the website of the Operator is the Customer’s prior registration on this website. To complete the registration, the Customer fills in true, correct and complete information about himself in the registration form.

6.2         Along with the registration confirmation, the Customer consents to the processing of personal data and sending of commercial communications by the Operator. Terms and conditions for processing of personal data and personal data protection are available on the website www.ticketlive.cz.

 

7.             CUSTOMER’S USER ACCOUNT

7.1         As part of the registration on the website of the Operator, a separate user account is set up for each Customer. To access his user account the Customer uses the access data, which he chooses himself. The Customer may change access data at any time by logging into his user account.

7.2         Identification data specified in the Customer’s user account shall be deemed as data entered in any order the Customer will process after he logs into his user account.

7.3         The Customer shall not provide access information to his user account to third parties and is obligated to take all reasonable measures to keep it secret. The Customer is fully responsible for any unauthorized use of his access data or his user account and for any damage caused thereby. 

7.4         In case of loss, theft or other misuse of the access data to the user account, the Customer shall communicate this fact immediately to the Operator. The Operator will provide the Customer with new access data within a reasonable time.

 

8.             USE OF OPERATOR’S WEBSITE

8.1         The Operator has the right to change his website, its technical solutions and/or user interface. The Operator has the right to restrict or interrupt the functionality of his website or access to it, for the time necessary, due to maintenance, repair or any other reason.

8.2         The Customer is obligated to comply with Czech legal code while using the website of the Operator and is responsible for any damage which arises from the use of this website to the Operator or third parties for reasons on the part of the Customer.

8.3         In the event that the Customer in any way breaches these Terms and Conditions and/or applicable legislation, the Operator has the right to cancel the user account of the Customer, even without prior notice.

 

9.             e-shop

9.1         The Operator, through its website and mobile application, provides Customers with the opportunity to purchase promotional items (i.e. merchandising), CD, DVD or another similar goods (hereinafter “Goods”) and to download certain digital content placed on the website and  to make a copy of the content to the limited extent (hereinafter “Digital Content”). The provider and seller of the Goods and the Digital Content is Creative Booster, s.r.o., based at Roháčova 145/14, Žižkov, 130 00 Prague 3, Reg. No.: 042 85 328, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 245324 (hereinafter „Creative Booster“) and Yashica s.r.o., based at Žďárského 186, Třebíč, 674 01, Reg. No. 46980121, registered in the Commercial Register maintained by the County Court in Brno,  Section C, File 8088 (hereinafter „Yashica“)

9.2         The purchase contract for the purchase of the Goods and/or the Digital Content is concluded directly between the Customer and Creative Booster or Yasica and is governed by business terms and conditions of Creative Booster, which can be found at www.bandsmarket.cz or by business terms and conditions of  Yashica at www.yashica.czAny complaints must be filed directly with Creative Booster or Yashica.

9.3         The Operator hereby notify that the Goods and the Digital Content sold by Creative Booster or Yashica might contain audio, visual or audio-visual reproduction of musical or audio-visual work, which is subject of copyrights and shall be protected by intellectual property law. The Customer hereby agrees that he is entitled to use the Goods and the Digital Content solely for his own needs. If not stated otherwise, the Customer is not entitled to make the Goods and the Digital Content available to third parties, make copies of them or use them for a business purpose. The Customer is particularly not entitled to change, adapt, spread, modify or combine the Goods or the Digital Content with another work.

 

10.         FINAL PROVISIONS

10.1     The Civil Code provisions on consumer protection and Act No. 634/1992 Coll., on Consumer Protection, as amended, do not apply to Customers who use the services of the Operator as Entrepreneurs. If the Customer in his order indicates his Reg. No., he shall be deemed to be acting in the course of his business and the Customer acknowledges that the provisions of the Civil Code regarding consumer protection do not apply to his order.

10.2     Any disputes between Customers who are Consumers and the Operator can also be resolved out-of-court. In this case, the Customer may contact an alternative dispute resolution entity, which is for example the Czech Trade Inspection Authority. Before contacting the Czech Trade Inspection Authority in order to resolve the dispute alternatively we encourage Customers to first contact the Operator at e-mail address info@ticketlive.cz for the purpose of an amicable resolution of the dispute. If the dispute is not resolved amicably or out-of-court, it will be submitted for decision to the competent court in the Czech Republic.

10.3     Responsibility for the accuracy, completeness or up-to-dateness of the information about the Events posted on the website of the Operator shall be borne by the relevant Event Organizer. The Operator reserves the right to change the price of Tickets at any time, for any reason or no reason.

10.4     Contractual relations hereunder shall be governed by Czech law, especially the Civil Code.

10.5     The Operator reserves the right to unilaterally modify or update these Terms and Conditions at any time with the fact that the Operator publishes the actual Terms and Conditions on his website without delay.

10.6     In the event that any provision of these Terms and Conditions for whatever reasons prove to be invalid or ineffective, this fact does not cause invalidity or ineffectiveness of other parts of these Terms and Conditions.

10.7     Customers may contact the Operator at the following address: Ticketlive PRO s.r.o., address: Křížová 2598/4, Smíchov, 150 00 Praha 5, tel.: 773774745, e-mail: info@ticketlive.cz

 

10.8     These Terms and Conditions become effective on December 13, 2017.