Of sales of Tickets for cultural and entertainment events
(Public Offer of Ticket agensy Karabas Ltd.)
1. In this document the following terms are used equally in singular and plural form (unless otherwise follows from the meaning of the term, and (or) of the definition), with the following meanings:
1.1. "Agent" – Ticket agensy Karabas Ltd is authorized to act on the basis of agreement execution with the principal on registration and selling Tickets for events.
1.2. "Cancellation" - Ticket removal from Orders with automatic transfer to the open market in the System. Orders that are not paid during the period of the reservation are canceled automatically after the validity period of reservation (unless otherwise is provided in additional information on the website).
1.3. "Ticket" - a document generated by automated system of the Agent on the form sheet of Ticket agensy Karabas Ltd, certifying the right of the Buyer to visit (pass, view, listen to) Events containing information about the name, date, time, place, allocated seat to the Buyer at the Event (sector number etc.), service cost of Event visit, service charge, as well as additional legal or technical information.
1.4. "Electronic Ticket" - a document generated by automated system of the Agent in paper or electronic format, certifying the right of the Buyer to visit (pass, view, listen to) Events containing bar code, Order number, name and surname of the service recipient, the information about the name, date, venue, allocated seat to the Buyer (sector number etc.), service cost of Event visit, service charge, as well as additional legal or technical information. Availability of electronic Ticket formation service is regulated by Event Organizer and / or Agent and depends on the possibility to use at the Event Venue an automated access control system based on bar code reader and / or on the possibility to obtain the Tickets directly at POS/ POSs of the Event Venue before the event in accordance with the terms of present Offer.
1.5. "Reservation" - formed Order, which is in the payment of the Buyer standby mode.
1.6. "The period of reservation validity" - the time period from the date of Order until the moment of Order payment, set by the Agent in the system for each Act/ Event separately, during which Tickets are included in the Order and are not available to use by other individuals apart from the Buyer of this Order for the entire reservation period.
1.7. "Order" - one or more Tickets for one Event selected by the Buyer from the System and unified in the System by a single identification number.
1.8. "Event" - entertainment activities, including plays, circus, concerts, exhibitions, film screenings, festival, show, fashion show, sport event, tour, as well as any other event, which is possible to visit 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 implementation of measures under the relevant agreements.
1.10. "Offer" - a hereunder agreement of sale of Tickets for cultural and entertainment events (Public Offer of Ticket agensy Karabas Ltd), posted on the electronic address www.karabas.com/Offer and / or available upon request of the Buyer at the points of sale of Tickets.
1.11. "Buyer" - a natural or legal entity who uses the services of reservation and Ticketing of the Agent on the basis of compliance with the present Offer.
1.12. "Recipient of the Ticket" - a natural person authorized by the Buyer to receive the Ticket purchased by the Buyers, as well as entitled with the right to exchange electronic Ticket on the Ticket in accordance with the terms of present Offer.
1.13. "Principal" of the Event - a legal entity or individual entrepreneur, who instructs the Agent to assume obligations to sell Ticket to the Buyers.
1.14. "Service charge" - money means additionally charged from the Buyer for reservation and Ticketing services provided by Agent, which is inextricably linked to the procedure of Ticket sales by the System of the Agent. The value of the Service charge for each Ticket is a certain percentage of the cost of the service specified on the Ticket, traditionally - 10% (ten percent), but in some cases may be calculated at the rate individually set by the Agent.
1.15. "System" - automated information system karabas.com - software package designed for Tickets reservation and which consists of a web-portal karabas.com, and interoffice systems of business processes automation, which meets the requirements for protection against unauthorized access, identification and saving of all operations with Tickets (including Electronic Tickets), as well as providing when filling in the blank of the Tickets (including Electronic Tickets) and issue of Tickets (including Electronic Tickets) to preserve the unicity of the series and number of the Ticket (including Electronic Ticket).
1.16. "Subagent" - a legal entity the individual entrepreneur or a natural person who carries out the sale of Tickets to the Buyers on the basis of signed agreements with the Agent for the sale of Tickets for various Events. Terms of the present Offer for such agreements are in force, unless otherwise is stated in the Agreement between the Agent and the Subagent.
1.17. "Point of Sale" - box office and web sites on the Internet which sell Tickets of both Agent and Subagents of Agent.
2 GENERAL PROVISIONS
2.1. Present Offer regulates the conditions and procedure for the sale of Tickets, as well as the rights and obligations arising in connection with this, at the Agent and the Buyer.
2.2. Sale of the Ticket to the Buyer, including Electronic Tickets, is carried on ??exclusively under the terms of present Offer and only in the case of complete and unconditional acceptance of present Offer by the Buyer (acceptance of the Offer). Partial acceptance, as well as acceptance on other terms is not allowed.
2.3. If the Buyer does not accept the full terms of present Offer, sale of the Ticket, including Electronic Ticket is not performed. The Tickets purchased by the Buyer may not be returned, including the case of the renunciation of the Buyer at the reason of the Buyer to disagree with the terms of the Offer after the acceptance of its terms and payment the Ticket. Refunds for Tickets purchased by the Buyers possible only in the manner and under the conditions established by present Offer
2.4. When the Tickets are purchased from the Agent by legal entity, the payment of the Ticket is made only by means of transferring funds by the legal entity to the account of the Agent on the basis of the invoice issued by the Agent.
2.5. The Agent has the right to make amendments to present Offer, but in any case such amendments are published in a timely manner and are generally available on the Internet and in points of sale. When the Buyer uses services of the Agent after amendments to the text of the Offer, it means the acceptance of the Offer, as amended.
2.6. Terms of present Offer are valid for the Buyer both when making the payment through the website karabas.com, and in the Point of sale, and do 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 case of infringement of the terms of present Offer and other rules by the Buyer.
2.8. Present Offer shall enter into force on the date of its posting on the web site of the Agent and is valid without limit in time.
3. SUBJECT MATTER
3.1. The subject of present Offer is to provide the Buyer with the service of reservation, registration, sale and delivery (the latter for an additional fee charged except Service charges) of Tickets for the Event under the terms and conditions stated by present Offer (hereinafter - Services).
3.2. The Agent shall not be liable for the actions of the Principal and / or the Event organizer and / or third party selling Tickets, acting on their own behalf and / or on behalf of the Principal or the Organizers of the event, as well as for the organization and the fact of the implementation of Event.
3.3.In accordance with the provisions of the Law of Ukraine "On Protection of personal data» № 2297-VI from 01.06.2010, the Buyer acknowledges and agrees with the provision of Agent and / or Subagent of their personal data, as well as personal data of third parties referred to by the Buyer, which are obtained by the Agent in the process of a Ticketing (Ordering), namely: name, gender, telephone number, city, address for delivery (in the case of the provision of services for the delivery of the Ticket), and email address. Processing of personal data of the Buyer shall be in accordance with the laws of Ukraine. The Buyer gives the Agent the right to the processing of personal data in connection with the provision of the Services to the Buyer arising from present Offer, including cases aimed at providing the Buyer advertisements about the Event, Tickets for which are implemented by the Agent. Due to the fact that the processing of personal data of the Buyer is carried out in connection with the agreement execution on the terms of present Offer, the consent of the Buyer to the processing of personal data is not required. The period of use of provided personal data is not limited in time. The Buyer guarantees and is responsible for the fact that the data specified in the Order are voluntarily provided to them and to third parties, in the process of Ticketing, and all these people are aware of and accept the Offer.
4. TERMS OF ACCEPTANCE
4.1 Present Offer is considered to be the basic document in the official relations between the Buyer and the Agent for buying and selling the Ticket. Acceptance of present Offer by the Buyer is carried out by sequential actions performed by the Buyer actions referred to in paragraph 4.3 of present Offer (acceptance of the Offer). Committing acceptance by Buyer of present Offer is voluntary and is equivalent to a written agreement (p.2 cl.642 of Civil Code of Ukraine).
4.2. Before committing Offer acceptance the Buyer should be sure that all the conditions of present Offer are clear to him and he accepts them unconditionally and in full.
4.3. Acceptance of present Offer by the Buyer is carried out by following acts sequentially:
a) addressing to the point of sale and / or addressing to the Website of the Agent and / or the Subagent and / or a call to the contact center of the Agent and / or the Subagent;
b) selection of specific Events and category of the Ticket/s available at the time of addressing of the Buyer;
a) introduction to the terms of present Offer;
d) introduction of age limits for specific activities, as well as providing a contact phone number, email address, name of the Recipient of the Electronic Ticket, and if Ordered the delivery of the Ticket / s - the 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 purchase of the Ticket: the Ticket or the Electronic Ticket, makes payment of the Order in accordance with the selected by the Buyer purchase method and, correspondent to the process of the purchase, method of payment within the time stated by the rules of payment for specific Event.
4.5. After payment of the Order the Buyer either receives the Ticket individually at the point of sale or by the Ordering the delivery (for additional fee), or self-print the Electronic ticket or save the Electronic Ticket to the memory of a technical device, belonging to the Buyer, provided that such device allows the possibility of demonstration of the document for the control (scanning) of access control system at the venue of the Event.
4.5.1. When Ordering the Tickets on the Internet site or at he Contact center of the Agent and / or the Subagent the Buyer is reported (or sent sms-notification to the contact telephone number and (or) electronic mail address) the identification number of the Order, which the Buyer is obliged to communicate (sometimes together with their surname and name, if this is applicable) when obtaining the Ticket at the Point of sale or receiving the Ticket with its delivery. When contacting the Point of sale the Buyer may get the Ticket on the spot or the delivery of the Ticket is made to the address specified by the Buyer. Delivery cost, the procedure for its implementation, as well as other relevant information relating to the delivery of the Ticket, is available on the website of the Agent www.karabas.com and is an integral part of present Offer.
4.5.2. In accordance with the provisions of paragraph 4.5 of present Offer the Buyer can receive the Electronic ticket by means of sending it to the electronic address of the Buyer by the Agent. Sending of the Electronic ticket is performed only when the execution of duties by the Buyer of the full payment of the cost of Electronic ticket and Service charge (in the case of collection of Service charges).
5. PAYMENT PROCEDURE
5.1. The Buyer has the right to make a payment for the Ticket by any of the methods proposed by the Agent information on which is on the website of the Agent and / or the Subagent, at the Point of sale and (or) are reported in the Contact Center of the Agent.
5.2. Payment is regarded to be committed by the Buyer at the time of confirmation of a successful transaction by the bank or payment system or at the time of receipt of funds in the cash register of the Point of sale.
5.3. If the payment of the Order is made by credit card on the website of the Agent and / or the Subagent and at Point of sale of the Agent and / or the Subagent the Buyer has to use a bank card issued in the name of the Buyer. At the same time cashier at the Point of sale of tickets is entitled to ask the Buyer to provide original identity documents of the Buyer.
5.4. Electronic ticket can be obtained by the Buyer only when the formation of the Order was carried out by the Buyer only on the website of the Agent or Subagent and payment of Orders is made only by credit card or other non-cash methods, information on which is provided on the website of the Agent.
5.5. After the payment of Order was made according to item 5.2 of present Offer, the Order is considered to be sold and the Buyer acquires the right to attend the event.
5.6. If the re is a non-payment or only partial payment of the Order during the period of the reservation the Order is canceled and regarded as unsold.
6.1. Money received by the Agent as payment for the Ticket / Electronic ticket shall be refunded to the Buyer only in case of cancellation / replacement / postponement of the Event and when the Agent receives a formal letter from the Principal / Organizer of the event, which specifies the conditions (term, time, place) and the procedure of the ticket return. Information about the procedure, terms, place and time of ticket return is available on the website of the Agent. In case the Buyer receives refund for the Ticker for canceled, replaced, or postponed Event purchased from the Agent, at the box offices of the Principal, and (or) the Organizer of the Event, according to an official letter from the Principal and (or) the Organizer, the Buyer shall not be entitled to make a complaint to the Agent. With replaced or postponed Events, if the Buyer does not agree on a replacement / postponement, he receives the refund on the day of the Event at the box offices of the Principal, and (or) the organizers of the event, according to an official letter from the Principal and (or) the Organizer, unless otherwise is stated in the official letter of the Principal and (or) Organizer. The Buyer not entitled to make a complaint to the Agent.
6.2. In accordance with the terms of present Offer refund for the purchased Ticket by the Buyer is only made for Tickets purchased in the Points of sale or on the Internet site of the Agent and Subagent, if this place of return is specified in the official letter of the Principal / Event organizer in accordance with paragraph 6.1. of present Offer.
6.3. Money is returned to the Buyer only under condition of mandatory and actual return of the purchased Ticket of the Buyer.
6.4. In accordance with the terms of present Offer the refund for purchased Ticket by the Buyer always produced less and except the Service charge of the Agent and delivery costs of ordered and paid Ticket/ s of the Buyer (if the service was ordered and paid by the Buyer).
6.5. The Agent does not make any refund for lost, damaged Tickets, and Tickets with any corrections and hidden by any artificial means information.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Buyer has the right to:
7.1.1. Inquire independently from open sources about the price of the Tickets for Events and services of other official Ticketing operators when deciding to purchase Tickets from the Agent.
7.1.2. Get information about the rules of Ticket sales, available categories of Tickets and other information in respect of the Events which the Agent owns within its power, using the Internet, calling the Contact Center of the Agents and other means indicated on the Internet site of the Agent. The Agent has the right to refuse without explanation to the Buyer to make reservation or sale the Ticket.
7.1.3. Choose the method of payment for the Ticket from those mentioned on the website of the Agent and / or at the Point of sale of the Agent. In this case, the Buyer is obliged to familiarize himself with the rules of use of one or another way of payment.
7.1.4. Send feedback on the work of the Agent to the contacts listed on the website.
7.1.5. Purchase at his option the Ticket or Electronic ticket to the Event, if the possibility of purchasing of the Electronic ticket to the Event is allowed by the Principal and (or) the Organizer of the event and is stated by the Agent on the website of the Agent.
7.1.6. Refuse to purchase Tickets from the Agent prior to making the payment for the Orders in accordance with the conditions set out in present Offer. Such refusal will terminate all obligations of the Agent to the Buyer.
7.2. Buyer shall:
7.2.1. Be more familiar with all the terms of purchase and the terms of present Offer and accept them when purchasing Tickets, as well as any additional rules governing the relations between the Parties pursuant to present Offer.
7.2.2. When Ordering, provide the necessary true, accurate and complete information about himself. The Buyer acknowledges that he is solely responsible for the data reported to the Agent. The Buyer acknowledges that he has no claims to the Agent for the improper use of the Website of the Agent in the process of Ordering, as he did not prove to be correct at the time of registration.
7.2.3. Pay in full the cost of the Order.
7.2.4. Contact the Points of sale of the Agent not later than the date of the event to get the Ticket, when purchasing Tickets on the Internet site of the Agent upon payment by wire transfer of funds for the Order without services for the delivery.
When applying for the Ticket to inform the identification number of the Order, as well as to present an identity document of the Buyer or Recipient of the Ticket. Presentation of documents is necessary to avoid possible fraudulent transactions.
If the Buyer or the Recipient of the Ticket has not exchanged Electronic ticket to the Ticket in time, for reasons beyond the control of the Agent, the Agent is recognized properly fulfilled its obligations under present Offer.
The Buyer is not entitled to make a complaint to the Agent in case of not getting the Ticket before the date of the Event for reasons beyond the control of the Agent.
7.3. The Agent has the right to:
7.3.1. Require the Buyer to comply with the procedure of registration / payment for the Order by the rules set out in present Offer.
7.3.2. If the Buyer refuses, to accept present Offer on the conditions set out therein to refuse the Buyer to sell him a Ticket and services.
7.3.3. At any time make modifications to any software of the system of the Agent, including the website, suspend the operation of software for the operation of the site, upon detection of significant faults, errors and failures, as well as for preventive maintenance and to prevent unauthorized access to the Site.
7.3.4. Establish and change tariffs for its services unilaterally and at any time.
7.3.5. Include the fee in the cost of the Order and charge the Buyer. The cost of delivery of the Ticket is paid separately.
7.3.6. Require the Buyer to pay the full cost of the Ticket or Electronic ticket before you selling the Ticket.
7.3.7. Cancel the Order, if it is not paid during the period of the reservation. Canceled Order cannot be recovered for re-payment, except by creating a new Order by the Buyer.
7.3.8. Refuse to provide services in the future, if the Buyer does not comply with any of the paragraphs of the Offer.
7.4. The Agent shall:
7.4.1. Give the buyer:
- relevant information about specific events.
- necessary information about the dates, venue and time of refund for the purchase of the Ticket in case of cancellation / replacement / postponement of the 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. Comprehensive information is considered that information which the Agent publishes on the site and provides at Points of sale and Box offices of the Agent.
7.4.2. Do not use the personal data of the Buyer for unauthorized distribution of materials not related to Ordering.
8.1. In case of non-performance or improper performance of its obligations under present Offer, the parties shall be liable in accordance with the laws of Ukraine and the terms of present Offer.
8.2. Liability of the Agent to the Buyer is limited to function of the organization and implementation of the interaction between the Principal (and / or the Organizer) and the Buyer for the purpose of Ticket sales.
8.3. Agent is not responsible for discrepancy of services provided by the Principal to the expectations of the Buyer and / or subjective evaluation. Tips 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 his personal information.
8.5. The Agent shall not be liable for any losses and non-pecuniary damage suffered by the Buyer as a result of his misunderstanding or lack of understanding of information about the procedure of registration / payment of the Order and receipt and use of the Services.
8.6. Parties are not liable for the total or partial failure to perform their obligations under present Offer, if such failure was caused by force majeure, ie extraordinary and unavoidable under the given conditions. Force majeure, in particular, includes: 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. Agent is not responsible for the availability and (or) the protection of information channels of communication used by the Buyer to access the Internet website of the Agent, as well as for the preservation of information, including Electronic ticket receipt by the Buyer in accordance with the terms of present Offer.
8.8. Any claims or suits associated with present Offer shall be declared in writing within 10 (ten) calendar days from the date of their occurrence. After this period complaints will not be considered by the Agent.
9. SPECIFIC PROVISIONS FOR ELECTRONIC TICKET
9.1. When purchasing an Electronic ticket the Buyer is in any case obliged to inform his valid email address, phone, and indicate the name and the name of the Recipient of the Ticket (in some cases the passport data if there are requirements under the laws of Ukraine and / or the Principal and / or the Organizer). In case of failure to provide such information (a valid email address, phone, name and surname of the Buyer and the Recipient of the Ticket, passport data), as well as in the case of providing false or invalid information, the Agent shall be entitled to refuse the Buyer in purchasing an Electronic ticket.
9.2. The Buyer accepts and agrees that he is fully liable for any false or invalid electronic mail address.
9.3. The Electronic ticket is sent to the Buyer on his email address only when conditions of present Offer are followed by the Buyer in terms of payment for the Electronic ticket and Service charges (if the service fee will be charged).
9.4. The Buyer must print out the Electronic ticket at his own expense. When printing out the Electronic ticket the Buyer should ensure proper quality of Electronic ticket printing. In case of non-performance or improper performance of the obligations stated in this paragraph, the Buyer is fully responsible for such actions (inactions), including the refusal of the Principal / Event Organizer to vising the Event. The Agent shall not be liable for any losses arising for the Buyer in the event of breach of this paragraph, due to the fact that the Agent is not a party to the contractual provision of services related to the event.
9.5. The buyer shall have the right, if this is allowed by the Principal and / or the Event Organizer, and it is said on the Internet site of the Agent at the moment of Ticketing, to visit the Event by showing electronic Ticket stored in the memory of a technical device, belonging to the Buyer provided that such device allows to demonstrate the document for control (scan) by access control system at the venue of the Event.
9.6. Buyer is individually responsible for the safety and protection of the Electronic ticket from the copying. In case of copying the Electronic ticket an access to the event will be given to the person who produced the Ticket first.
9.7. The holder of the Electronic ticket, whose personal data is recorded in the Electronic ticket (the Buyer or the Recipient of the Ticket), with the agreement with the the Agent has the right to address to the Points of sale of the Agent prior to the Event to get the Tickets (instead of the Electronic ticket) providing the identity document. In case the Buyer/ Recipient exchanges the Electronic ticket to the Ticket before the date or on the day of the Event, the Buyer / Recipient of the Ticket loses the right to visit the Event with the Electronic ticket. In this case, one can pass at the event with the usual Ticket only.
10. DISPUTE RESOLUTION
10.1. Disputes arising in the process of the agreement execution the on the terms of present Offer, are resolved with mandatory compliance complaint procedure. Claim submitted by the Agent in written form with the attached documents substantiating its demands in a period not exceeding 10 (ten) calendar days from the date of occurrence of the cause of the dispute. The Agent considers received complaint in a period not exceeding 10(ten) calendar days.
10.2. If it is impossible to reach an agreement, the disputes shall be referred to the procedure stated by the current legislation of Ukraine.
10.3. All other matters not provided in the Offer shall be governed by the law of Ukraine.
11. VALIDITY OF THE OFFER
11.1.Present Offer becomes effective from the date of its posting on the website of the Agent and is valid without limit in time. The provisions of this paragraph shall apply to additions (amendments) to present Offer.