Terms and Conditions of Ticket Sale

Effective from: 1 April 2020

1. Introductory Provisions

1.1. These General Terms and Conditions (hereinafter the "General Terms and Conditions") govern the legal relationship between the Organiser, on whose behalf and on whose account the company Ticketlive PRO s.r.o. (company ID: 05042160, registered office: Dubečská 74/4, Strašnice, 10000 Praha 10, registered with the Municipal Court in Prague, C 257442) (hereinafter the "Operator") acts, and third parties. The General Terms and Conditions apply to the sale of tickets for the Events defined below through the Operator's Sales Network.

1.2. The Customer declares that before purchasing the Ticket they have read the content of the General Terms and Conditions, agree with them and accept them without reservation.

2. Definitions

For the purposes of these Terms and Conditions, capitalised terms have the following meanings:

2.1. Event – an event or occasion consisting of a social, cultural, sporting or other leisure activity that takes place at a time and place determined by the Organiser.

2.2. Entrepreneur – a person who independently carries out a gainful activity on their own account and at their own responsibility, in a trade-like or similar manner, with the intention of doing so on a continuous basis for the purpose of making a profit. Under the conditions laid down in Act No. 513/1991, as amended (hereinafter the "Commercial Code"), this means any natural or legal person who carries out a continuous gainful activity in their own name and at their own responsibility and is registered in the Commercial Register, or who conducts business on the basis of a trade licence or of an authorisation other than a trade licence under special regulations (e.g. an auditor or a lawyer), or a natural person engaged in agricultural production and registered under a special regulation.

2.3. Organiser – a natural or legal person other than the Operator who organises, operates or carries out the Event and who is in a contractual relationship with the Operator that enables the Operator to mediate the sale of Tickets for the Event. Information about the Organiser of a given Event can be found on the order form and on the Ticket. For the avoidance of doubt, the Operator declares that it is not the organiser of the Events for which it sells Tickets.

2.4. Point of Sale – the premises of the Operator and/or of the Operator's contractual partners where it is possible to reserve, purchase or collect purchased Tickets. Points of Sale are marked with the Ticketlive logo. The list of points of sale can be found here.

2.5. Sales Network – the Operator's Points of Sale and websites at www.ticketlive.sk. The Operator is entitled to stipulate that Tickets for a given Event will not be sold through Points of Sale, or will be sold only at selected Points of Sale.

2.6. Consumer – a natural person who, outside the scope of their business activity or the independent exercise of their profession, purchases a Ticket or otherwise deals with the Operator or the Organiser.

2.7. Ticket – a document issued in the Sales Network which entitles its holder to attend a given Event. The Ticket also serves as proof of purchase for the Consumer. By handing in the Ticket and subsequently attending the Event, its holder accepts the operating or visitor rules of the Event venue and undertakes to follow the instructions of the Organiser of the given Event.

2.8. Customer – a Consumer or an Entrepreneur who wishes to purchase a Ticket for an Event through the Sales Network.

3. Mutual Rights and Obligations

3.1. The Organiser arranges for the sale and distribution of Tickets for individual Events to the Organiser. Unless stated otherwise below, the Operator acts in the name and on behalf of the Organiser on the basis of a mandate agreement between the Operator and the Organiser. By purchasing a Ticket, a legal relationship arises directly between the Customer and the Organiser. The contract between the Organiser and the Customer is concluded for a fixed term, until the Event takes place or until all claims arising from it have been settled. In certain cases, the Operator may arrange the sale and distribution of Tickets for a given Event in its own name, on behalf of the Organiser, on the basis of a commission agreement. The Operator undertakes to inform the Customer, upon request, of the manner in which Tickets for a given Event are sold.

3.2. The Operator is not the Organiser of the individual Events for which tickets are sold. The Events are organised by the Organiser, who is responsible for the holding and the programme of the Event, including its content, quality, the scope of the services provided at the Event and the date of the Event. The Organiser reserves the right to change the programme, date and venue of the Event, which the Customer acknowledges and accepts by purchasing the Ticket.

3.3. For the avoidance of doubt, the Operator declares and warns that it is in no way responsible for the holding of the Event or its failure to take place, or for any change to the programme, date or venue of the Event. The Operator accepts no liability for the course of the Event or for incidents occurring at the Event, and is not liable for any damage or other harm suffered by the Customer or third parties during or in connection with the Event. All possible claims, including claims relating to the change or cancellation of the Event, must be lodged by the Customer directly with the relevant Organiser in accordance with the complaint conditions below. This does not apply where a Ticket for a given Event was sold to the Customer in the Operator's name on behalf of the Organiser. In such a case it is possible to lodge a complaint with the Operator in accordance with the complaint conditions below.

3.4. When attending the Event, the Customer is in all cases obliged to comply with the rules laid down by the Event organiser, to comply with the operating or visitor rules of the Event venue, and to follow the instructions of the Organiser of the given Event.

4. Ticket Purchase

4.1. The Operator accepts no liability whatsoever for the authenticity and validity of tickets purchased outside the Sales Network.

4.2. The Organiser may, at its own discretion, issue one or more types of Ticket for individual Events, which may differ, for example, in price or in the scope of the related services. Information on the individual ticket types is available at the Points of Sale and on the Operator's website at www.ticketlive.sk.

4.3. The number of Tickets for an Event may be limited. Tickets can only be purchased if they are still offered by the Operator and have not yet sold out.

4.4. Tickets can be purchased as follows:

4.4.1. Direct sale

• without prior reservation, possible only at a Point of Sale during its opening hours;
• after paying the purchase price of the Ticket at the Point of Sale, the Customer receives the original Ticket.

4.4.2. Online reservation

• a Ticket may be reserved exclusively via the Operator's website at www.ticketlive.sk or its mobile application, after prior registration and the creation of a Customer account, or by telephone;
• the Customer may order a maximum of 10 Tickets per Event within one reservation;
• the reservation is confirmed to the Customer by e-mail, to which the reservation number is sent;
• the purchase price of a reserved Ticket can be paid exclusively at a Point of Sale upon presentation of the reservation number;
• the purchase price of the Ticket may change between the moment of reservation and its payment; the purchase price valid at the moment of reservation is binding in all cases;
• the reservation period may vary depending on the selected payment method and its length is always stated in the order confirmation sent by e-mail; if the Ticket is not collected within this period, the reservation is automatically cancelled and the Ticket is put back on sale.

4.4.3. Online sale

• a Ticket can also be purchased online via the Operator's website at www.ticketlive.sk or its mobile application, after the Customer's prior registration and the creation of a Customer account, or after providing the contact details necessary to fulfil the order;
• the Customer may purchase a maximum of 10 Tickets per Event within one order;
• before paying the purchase price, the Customer selects the Ticket delivery method (i.e. by post, by courier or by e-mail – electronic Ticket). Tickets cannot be sent cash on delivery;
• the Ticket can be paid for as follows:
• by credit card via the GoPay online payment gateway. Payment by credit card may be subject to a fee; the Customer is informed of the amount of any fee before payment;
• by bank transfer to the Operator's account No. 2201280458/8330 (IBAN SK7083300000002201280458), in accordance with the instructions sent to the Customer by e-mail. The purchase price must be credited to the Operator's account within 2 working days at the latest, otherwise the order is cancelled. If the purchase price is paid only in part, the order is also cancelled. If the order is cancelled, the Operator returns the amount paid to the Customer. When placing the payment order, the Customer is obliged to fill in the correct variable symbol, which they receive in the confirmation e-mail. If the symbol is incorrect or the variable symbol is missing, the order is cancelled. Payment by bank transfer is only possible well in advance of the Event. If the payment is not credited to the Operator's account at least 24 hours before the start of the Event, the order is cancelled and any payments received later are returned to the Customer. Where a Ticket is purchased less than 5 working days before the Event, the Operator recommends that the Customer use another payment method (e.g. a bank card) to pay the purchase price of the Ticket. Payment by bank transfer is not possible where a Ticket is purchased less than 3 working days before the Event. The bank transfer may be charged in accordance with the valid price list of the Customer's bank;
• the Customer receives confirmation of receipt of the order by e-mail and, after paying the purchase price of the Ticket or after the payment has been credited to the Operator's account, receives confirmation of the successful completion of the order;
• if an electronic Ticket is selected, it is sent to the Customer by e-mail in PDF format together with the confirmation of the completion of the order. The Customer can also obtain the electronic Ticket after logging in to their account on the Operator's website at www.ticketlive.sk. The electronic Ticket must be printed and carried when entering the Event; without a printed version of the electronic Ticket the Customer may not enter the Event;
• each Ticket bears a special barcode, which is checked on entry to the Event. Only the Customer who first presents the electronic Ticket with the corresponding barcode may enter the Event. Other Customers presenting an electronic Ticket with the same barcode may not attend the Event. Neither the Operator nor the Organiser is in any way liable for damage resulting from the unauthorised copying of an electronic Ticket duly delivered to the Customer.

4.4.4. Bulk orders

• orders for more than 10 Tickets can be placed exclusively by e-mail to the Operator's e-mail address below;
• e-mail orders take the form of a binding offer to conclude a purchase contract for Tickets and must contain at least the following: the name, date and time of the Event; the number of Tickets; and the Customer's identification and billing details. The purchase contract is concluded when the Operator confirms the order by e-mail. For the avoidance of doubt, it is stated that the Operator is not obliged to accept the Customer's order;
• the Customer pays the purchase price of the Tickets on the basis of an invoice issued by the Operator and delivered to the Customer by e-mail. The invoice is due five (5) days from the date of its dispatch to the Customer, and payment is made to the Operator's account stated on the invoice;
• the Operator hands over the Tickets to the Customer without undue delay after receipt of payment, in the manner agreed between the Operator and the Customer.

4.5. The purchase price of the Ticket is final, includes VAT and includes all possible related fees. If the Customer chooses delivery of the Ticket by post or by courier, the Customer is also obliged to pay postage and packaging in accordance with the stated rates. The Customer is informed of the amount of postage and packaging before the order is confirmed, and this amount is added to the purchase price of the Ticket.

4.5.1. Unless stated otherwise, a ticket processing fee is added to the ticket price. The Customer will know its amount before submitting the order, on the delivery method and payment page during the purchase process.

4.6. Sending of Tickets by post or courier can be ordered no later than 4 calendar days before the given Event if they are sent within the Slovak Republic, and no later than 35 calendar days before the Event if they are sent abroad. The Operator accepts no liability whatsoever for late delivery or non-delivery of the Ticket.

4.7. If, when ordering, the Customer claims a discount offered by the Organiser for the given Event, the Customer is obliged to prove entitlement to it when collecting the Ticket at a Point of Sale and/or when entering the Event. The discounts offered and the method of proving entitlement to a discount can be found on the Operator's website in the information relating to the given Event. If, on entering the Event, the Customer does not demonstrably prove entitlement to the discount claimed, they may not enter the Event and are not entitled to a refund of the purchase price of the Ticket.

4.8. In accordance with Section 7(k) of Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded outside the seller's business premises and on amendments to certain acts (hereinafter "Act No. 102/2014"), after purchasing a Ticket the Consumer may not withdraw from the purchase contract under Section 7(1) of Act No. 102/2014, as this concerns the provision of services related to leisure activities, under which the Organiser undertakes to provide these services on the agreed date or within the agreed duration of the Event.

4.9. Under the act on the registration of sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue online with the tax administrator; in the event of a technical failure, no later than within 48 hours.

5. Complaints

5.1. All complaints are governed exclusively by these General Terms and Conditions, in particular by this article. The purchase price paid for the Ticket is non-refundable, unless these General Terms and Conditions provide otherwise.

5.2. Only Tickets purchased in the Sales Network may be the subject of a complaint. The only person entitled to lodge a complaint is the Customer who purchased the Ticket in the Sales Network.

5.3. Ticket complaints:

5.3.1. Upon collection or delivery of the Ticket, the Customer is obliged to check its correctness and completeness without delay, in particular, but not limited to, the number, type and price of the Ticket, the name of the Event, and the venue and date of the Event.

5.3.2. In the case of direct sale of a Ticket at a Point of Sale, the Customer is obliged to lodge any complaint concerning the content of the Ticket with the staff of the Point of Sale immediately after its purchase. Later complaints will not be taken into account. The operator of the Point of Sale informs the Customer of the manner in which the complaint will be resolved. A defective or incomplete Ticket may be cancelled and a new ticket issued. If this is not possible for any reason, the staff of the Point of Sale will write a complaint record for the Customer. In this case the Customer is obliged to return the Ticket complained of to the staff of the Point of Sale.

5.3.3. In other cases, the Customer is obliged to lodge any complaint concerning the content of the Ticket with the Operator no later than 3 working days after receipt of the Ticket, in writing at the address of the Operator's registered office or by e-mail. Later complaints will not be taken into account.

5.3.4. A Customer who chose delivery of the Ticket by post or courier and to whom the Ticket has not been delivered is obliged to inform the Operator of this fact in writing or by e-mail no later than 5 working days before the Event; the Operator will, without undue delay, lodge a complaint with the relevant postal service provider. The resolution of such complaints, including the duration of the resolution, is governed by the complaints procedure of the relevant postal service provider.

5.3.5. The risk of damage to the Ticket passes to the Customer at the moment of collection. After that moment, the Operator accepts no liability whatsoever for damage to, destruction, loss or theft of the Ticket, and in such a case the Customer is not entitled to a new (replacement) Ticket or to compensation.

5.4. Complaints relating to the change or cancellation of the Event:

5.4.1. Sale of Tickets in the name and on behalf of the Organiser:

5.4.1.1. Unless stated otherwise, the Operator provides the sale and distribution of Tickets for individual Events in the name and on behalf of the Organiser. The Organiser of the Event is solely responsible for the holding and programme of the Event, including its content, quality, the scope of services offered at the Event and the date of the Event.

5.4.1.2. The Organiser reserves the right to change the date, venue or programme of the Event. All changes will be announced without undue delay on the Operator's website or, at the Operator's discretion, in the mass media. The Customer's complaint regarding any change to the Event will be forwarded by the Operator to the Organiser for comment or resolution. The Customer will be informed of the Organiser's opinion within 30 days, or may contact the relevant Organiser directly. The Supplier will provide the Customer with the Organiser's contact details upon request.

5.4.1.3. The cancellation of the Event will be announced without undue delay on the Operator's website or, at the Operator's discretion, in the relevant mass media. In the event of cancellation of the Event, the conditions and method of refunding the purchase price of the Ticket are determined by the Organiser. The Operator mediates the refund of the paid purchase price of the Ticket to Customers exclusively on the instruction of the Organiser and where the Organiser has provided the corresponding funds.

5.4.1.4. If the Organiser does not instruct the Operator to refund the purchase price to Customers and/or does not provide the Operator with the corresponding funds, or provides them only in part, the Customer may assert their right to a refund of the purchase price or part of it directly against the Organiser by sending a request for a refund of the admission fee directly to the Organiser at the address stated in the notice of cancellation of the Event.

5.4.1.5. The Customer is informed that, in a given case, they can make their claim for a refund of the purchase price of the Ticket on the Operator's website or at the e-mail address refund@ticketlive.sk. Unless stated otherwise, the purchase price of the Ticket is refunded to the Customer at the Point of Sale where it was purchased. In the case of online sales, it is refunded by bank card or by bank transfer to a bank account notified by the Customer to the Operator.

5.4.1.6. When claiming a refund of the purchase price, the Customer is obliged to return the purchased Ticket to the Operator. If the Ticket is not returned, the Customer's claim is deemed unfounded.

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

5.4.2. Sale of Tickets in the name of the Operator, on behalf of the Organiser:

5.4.2.1. In certain cases, the Operator may arrange the sale and distribution of Tickets for a given Event in its own name, on behalf of the Organiser, on the basis of a commission agreement. The Operator undertakes to inform the Customer, upon request, of the manner in which Tickets for a given Event are sold.

5.4.2.2. The Operator is not the organiser of the Event and therefore cannot in any way influence whether the Event takes place or not, its programme, content, the quality and scope of the services offered at the Event, or the date of the Event.

5.4.2.3. The Organiser and the Operator reserve the right to change the date, venue or programme of the Event. All changes will be announced without undue delay on the Operator's website or, at the Operator's discretion, in the mass media. The Customer's complaint regarding any change to the Event will be assessed by the Operator, which will inform the Customer of its opinion within 30 days.

5.4.2.4. The cancellation of the Event will be announced without undue delay on the Operator's website or, at the Operator's discretion, in the mass media.

5.4.2.5. When claiming a refund of the purchase price, the Customer is obliged to return the purchased Ticket to the Operator. If the Ticket is not returned, the Customer's claim is deemed unfounded.

5.4.2.6. In the case of a complaint due to cancellation of the Event, the Customer is not entitled to a refund of the postage or other fees connected with the delivery and processing of the Ticket, or of the fee for payment of the purchase price of the Ticket.

5.4.3. The Operator and/or the Organiser are not obliged to refund the purchase price of the Ticket to Customers, either directly or through the Operator, nor to pay damages or provide compensation, if the Event does not take place (i) due to an unavoidable event not arising from the operations of the Organiser and/or the Operator (Section 420a(3) of the Civil Code), in particular, but not limited to, for reasons on the part of the Performers (e.g. deterioration of health, etc.), force majeure, natural disasters, adverse weather conditions or weather, strikes, demonstrations, wars, uprisings, riots, terrorist attacks or the suspicion thereof, or a prohibition of public events or gatherings by any authority, court or legislation, or (ii) for reasons on the part of the Customer (Section 420a(3) of the Civil Code), or (iii) for other similar reasons set out in the Organiser's contractual terms, the business terms of the Event, the Organiser's instructions, the organising service or the operating rules of the Event, all of this where no alternative Event is held on an alternative date in place of the cancelled Event.

6. Customer Registration and Privacy Policy

6.1. A necessary condition for using the Operator's services via the Operator's website is the Customer's prior registration on that website. For the purpose of registration, the Customer must fill in true, correct and complete details about themselves in the registration form.

6.2. By confirming registration, the Customer simultaneously consents to the processing of personal data and to the sending of commercial communications by the Operator. The conditions for the processing and protection of personal data are available here.

7. Customer User Account

7.1. As part of registration on the Operator's website, each Customer creates a separate user account. To access their user account, the Customer uses access details of their own choosing. The Customer may change the access details at any time after logging in to their user account.

7.2. The Customer's identification details provided in their user account are deemed to have been provided by the Customer for orders placed after logging in to their user account.

7.3. The Customer may not disclose the access details to their user account to third parties and is obliged to take all reasonable measures to keep them confidential. The Customer is fully responsible for any unauthorised use of their access details or user account and for any resulting damage.

7.4. In the event of loss, theft or other misuse of the access details to the user account, the Customer is obliged to notify the Operator without delay. The Operator will provide the Customer with new access details within a reasonable time.

8. Use of the Operator's Website

8.1. The Operator has the right to change its website, its technical solution and/or its user interface. The Operator has the right to restrict or interrupt the functionality of or access to its website for the strictly necessary period due to maintenance, repairs or any other reason.

8.2. When using the Operator's website, the Customer is obliged to comply with the laws of the Czech Republic and is liable for any damage caused to the Operator or third parties as a result of the use of the website.

8.3. If the Customer in any way breaches these General Terms and Conditions and/or the applicable legislation, the Operator has the right to delete the Customer's user account, even without prior notice.

9. E-shop for Promotional Products

9.1. Through its website and mobile application, the Operator mediates for Customers the possibility of purchasing promotional products (so-called merchandising) from Creative Booster, s.r.o., registered office: Roháčova 145/14, Žižkov, 130 00 Praha 3, company ID: 042 85 328, registered by the City of Prague, Section C, Insert 245324 (hereinafter "Creative Booster"), and from Yashica, s.r.o., registered office: Žďárského 186, Třebíč, 67401, company ID: 46980121, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert No. 8088 (hereinafter "Yashica").

9.2. The purchase contract for promotional products is concluded directly between the Customer and Creative Booster or Yashica and is governed by the terms and conditions of Creative Booster, which can be found here, or by the terms and conditions of Yashica (here). Any complaints must be lodged directly with Creative Booster.

10. Final Provisions

10.1. The consumer protection provisions of the Civil Code and of Act No. 250/2007 on consumer protection, as amended, and the amending provisions of Act No. 372/1990 of the Slovak National Council, as amended, do not apply to Customers who use the Operator's services as Entrepreneurs. If the Customer states their identification number in the order, they are deemed to be acting in the course of their business activity and acknowledge that the consumer protection provisions of the Civil Code do not apply to their order.

10.2. Disputes between Consumer Customers and the Operator may also be resolved out of court. In such a case, the Customer may contact an out-of-court dispute resolution body, such as the Slovak Trade Inspection. Before contacting the Slovak Trade Inspection for the purpose of out-of-court dispute resolution, Customers are advised first to contact the Operator at the e-mail address info@ticketlive.sk in order to settle the dispute amicably. If the dispute is not settled amicably or out of court, it will be submitted for decision to the competent court of the Slovak Republic.

10.3. The Organiser of the given Event is responsible for the correctness, completeness and timeliness of the information about Events published on the Operator's website. The Provider reserves the right to change the price of Tickets at any time, for any reason or without giving reasons.

10.4. Contractual relationships arising from these General Terms and Conditions are governed by the law of the Slovak Republic, i.e. primarily by the Commercial Code.

10.5. The Operator reserves the right to change or update these General Terms and Conditions unilaterally at any time; the Operator will publish the current text of the General Terms and Conditions on its website without undue delay.

10.6. If any provision of these General Terms and Conditions proves to be invalid or ineffective for any reason, this does not render the remaining parts of these Terms and Conditions invalid or ineffective.

10.7. Customers may contact the Operator at the following address: Ticketlive PRO s.r.o., registered office: Dubečská 74/4, Strašnice, 10000 Praha 10, tel.: +420 601 587 148, e-mail: info@ticketlive.sk.

10.8. These General Terms and Conditions enter into force on 1 April 2020 and are valid until revoked.