for Sale of Tickets for Cultural and Entertainment Events
(Public offer of LLC «Kontramarka Ukraine»)
1. In this document, the following terms are used equally in singular and plural (unless otherwise provided by the meaning of the term and/or definition) in the following meanings:
1.1. «Agent» is LLC «Kontramarka Ukraine», authorized to act on the basis of concluded agreements with the Principal on design and sale of the Tickets for Events.
1.2. «Cancellation» is the removal of the Tickets from the Order with automatic transfer of them into free sale in the System. The order, not paid for in the period of validity of the reservation, is automatically canceled after the period of validity of the reservation (unless otherwise provided by additional information on the site).
1.3. «Ticket» is a document generated using the automated Agent System on the form of LLC «Kontramarka Ukraine», certifying the right of the Buyer to visit (pass, view, listen) the Event and contains information about the name, date, time, venue, allocated to the Buyer place on the Event (sector, row, etc.), the cost of visiting the Event and the amount of the Service Fee, as well as additional information of a legal or technical character.
1.4. «Electronic Ticket» means a document generated using the Agent’s automated system on paper or electronic media, certifying the right of the Buyer to visit (pass, view, listen) the Event containing a bar code, order number, information about the name, date, venue of the Event, the place allocated to the Buyer on the Event (sector, row, etc.), the cost of visiting the Event and the amount of the Service Fee, as well as additional information of a legal or technical character. The availability of the Electronic Ticket Creation Service is regulated by the Event Organizer and/or the Agent and depends on the possibility of using the automated barcode access control system on the venue of the event and/or the possibility of receiving the Ticket directly at the point/points of sale at the venue of the Event before the start of the Event in accordance with the terms of this Offer.
1.5. «Reservation» is a formed Order, which is in the standby mode of payment by the Buyer.
1.6. «Reservation Validity Period» means the period of time from the moment the Order is executed till the payment for the Order, established by the Agent in the System for each Event separately, during which the Tickets included in the Order are not available for use by any persons other than the Buyer of this Order throughout the Reservation Validity Period.
1.7. «Order» is one or more Tickets for one Event, selected by the Buyer from the System and united in the System with a unique identification number.
1.8. «Event» is a cultural and entertainment event, including a theatrical performance, a circus show, a concert, an exhibition, a film show, a festival, a show, a fashion show, a sporting event, an excursion, as well as any other event visiting of which is possible only after the presenting a special document — a Ticket and/or an Electronic Ticket.
1.9. «Organizer of the Event» is a legal entity — an individual entrepreneur who has the right to organize and conduct the Event on the basis of relevant agreements.
1.10. «Offer» means this Agreement for Sale of Tickets for Cultural and Entertainment Events (Public Offer of LLC «Kontramarka Ukraine»), published at the email address _______________ and/or available at the Buyer’s request at points of sale of tickets.
1.11. «Buyer» means a physical or a legal person who uses the services of the Ticket Reservation and Execution Agent on the terms of observance of this Offer.
1.12. «Ticket Recipient» means an individual authorized by the Buyer to obtain the Ticket purchased by the Buyer, as well as the holder of the right to exchange the Electronic Ticket to the Ticket in accordance with the terms of this Offer.
1.13. «Principal» of the Event is a legal entity or an individual entrepreneur who entrusts the Agent with the obligation to sell Tickets to the Buyers.
1.14. «Service Fee» means the monetary funds, which are additionally charged from the Buyer when the sale of the Tickets for the rendered by the Agent ticket reservation and execution services, inextricably linked to the procedure of selling tickets through the Agent’s System. The amount of the Service Fee for each Ticket is a percentage of the cost of the service indicated on the ticket, traditionally — 10% (ten percent), but in particular cases may be calculated in the amount individually set by the Agent.
1.15. «System» — an automated information system of LLC «Kontramarka Ukraine» — a software package for reserving tickets, consisting of a web-portal kontramarka.ua and an internal office system of business processes automation that meets the requirements for protection against unauthorized access, identification, fixation and retention of all operations with the Ticket (including with the Electronic Ticket), and also provides, when filling in the ticket form (including the Electronic Ticket) and the issue of the Ticket (including the Electronic Ticket), security of the unique ticket series and number (including of the Electronic Ticket).
1.16. «Subagent» means a legal entity, an individual entrepreneur or a natural person who sells Tickets to the Buyers on the basis of concluded with the Agent Agreements for Sale of Tickets for Cultural and Entertainment Events. The rules of this Offer for such Agreements are valid unless otherwise stated in the Agreement between the Agent and the Subagent.
1.17. «Point of Sale» is a cashier and web-sites on the Internet for the sale of Tickets both as the Agent and the Agent’s Subagents.
2. GENERAL PROVISIONS
2.1. This Offer shall govern the terms and procedure of the sale of Tickets, as well as the rights and obligations of the Agent and the Buyer arising in connection with this.
2.2. The Sale of Tickets to the Buyer, including Electronic Tickets, shall be conducted solely on the terms of this Offer and only in the case of complete and unconditional acceptance of the terms of this Offer by the Buyer (acceptance of the Offer). Partial acceptance, as well as acceptance on other conditions shall not be allowed.
2.3. If the Buyer shall not fully accept the terms of this Offer, sale of the Tickets, including Electronic Tickets, shall not be made. Purchased by the Buyer Tickets cannot be returned, including in the event of the Buyer’s refusal based on the Buyer’s disagreement with the terms of this Offer after acceptance of its terms and payment of the Ticket. Reimbursement of purchased by the Buyer tickets shall be possible only in accordance with the procedure and conditions established by this Offer.
2.4. When purchasing Tickets from the Agent by a legal entity, the Ticket shall be paid by a legal entity only by transferring funds to the Agent’s settlement account on the basis of the invoice issued by the Agent.
2.5. The Agent shall have the right to make alterations to the present Offer, but in any case such alterations are published in a timely manner and are in general accessible on the Internet and at the points of sale. The use by the Buyer of the Agent’s services after making alterations to the Offer text shall mean the acceptance of the Offer in the light of the alterations made.
2.6. The terms of this Offer shall be valid both for the Buyers who pay via the Internet site kontramarka.ua, and at the Points of Sale, and shall not depend on the form of payment.
2.7. The Agent shall have the right to terminate the Offer at any time without prior notice to the Buyer in case of violation by the latter of the terms of this Offer and other rules.
2.8. This Offer shall take effect from the date of its placement on the Agent’s website and is valid indefinitely.
3. SUBJECT OF THE OFFER
3.1. The subject of this Offer shall be the provision to the Buyer of the services of reservation, execution, sale and delivery (the latter — for an additional fee, which shall be collected over the amount of the Service Fee) of the Tickets for the Events in accordance with the terms and conditions stipulated by this Offer (hereinafter referred to as the Services).
3.2. The Agent shall not be liable for the actions of the Principal and/or the Event Organizer and/or the third parties for the sale of the Tickets acting on his behalf and/or on behalf of the Principal or the Event Organizer, as well as the organization and fact of the Event.
3.3. In accordance with the provisions of the Law of Ukraine «On Personal Data Protection» No. 2297–VI dated 01.06.2010, the Buyer acknowledges and agrees to provide his personal data to the Agent and/or the Subagent, and equally with this and personal data of the third parties specified by the Buyer, which received by the Agent in the process of issuing the Ticket (Order), namely: surname, name, sex, contact telephone number, city, delivery address (in case of provision of the Ticket delivery services) and email address. The personal data processing of the Buyer shall be carried out in accordance with the law. The Buyer shall give to the Agent the right to process his personal data in connection with the provision of the Services to the Buyer, stipulated by this Offer, including for the purpose of obtaining by the Buyer of notifications on the Event, the tickets for which the Agent sells. Considering that the processing of personal data of the Buyer shall be carried out in connection with the execution of the Agreement concluded on the terms of this Offer, the Buyer’s consent to the processing of his personal data is not required. The term of use of personal data provided shall be termless. The Buyer shall guarantee and shall be responsible for the fact that the data specified in the Order are voluntarily provided by him and the third parties at the time of execution of the Ticket, and all these persons shall be acquainted and agree with the Offer.
4. ACCEPTANCE RULES
4.1. This Offer shall be considered to be the main document in the official relationship between the Buyer and the Ticket Sales Agent. Acceptance of this Offer by the Buyer shall be carried out through the successive performance by the Buyer of the actions specified in clause 4.3 of this Offer (Acceptance of the Offer). Carrying out of the acceptance by the Buyer of this Offer shall be voluntary and shall be equivalent to the conclusion of a written agreement (Para 2 Article 642 of the Civil Code of Ukraine).
4.2. Before the Acceptance of the Offer, the Buyer must be sure that all terms 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 shall be carried out by successive performance of the following actions:
a) Applying to the Point of Sale and/or applying the Agent’s and/or Subagent’s Internet site and/or call to the Contact Center of the Agent and/or the Subagent;
b) Choice of a particular Event and the Ticket category available at the time of the Buyer’s applying;
c) Getting acquainted with the terms of this Offer;
d) Reviewing the age restrictions of specific Events, as well as providing a contact telephone number, email address, surname and name of the Electronic Ticket Recipient, and subject to the delivery of the Ticket/s — the address and time of delivery.
4.4. After completing all actions specified in clause 4.3 of this Offer, the Buyer, depending on the chosen Ticket purchase method: Ticket or Electronic Ticket, shall make the payment of the Order in accordance with the chosen by the Buyer purchase method with the corresponding to such purchase method the means of payment within the terms stipulated by the payment rules for a particular Event.
4.5. Upon payment of the Order, the Buyer shall either receive the Ticket personally at the Points of Sale or by ordering its delivery (for an additional fee), or shall personally print the Electronic Ticket, or shall make the Electronic Ticket entry in memory of the technical device owned by the Buyer, provided that such device permits the demonstration of the document for control (scanning) by the access control system at the venue of the Event.
4.5.1. When ordering the Ticket on the Internet site or the Contact Center of the Agent and/or the Subagent, the Buyer shall be informed (or SMS message shall be sent to the contact telephone number and/or email address) of the Order identification number, which the Buyer shall be obliged to inform (sometimes with his surname and name, if any) when receiving the Ticket at the Point of Sale or upon receipt of the Ticket upon its delivery. When applying to the Point of Sale, the receipt of the Ticket shall be carried out locally or delivered to the address indicated by the Buyer. The cost of delivery, the order of its implementation, as well as other essential information related to the delivery of the Tickets, shall be posted on the Agent’s Website kontramarka.ua and is an integral part of this Offer.
4.5.2. In accordance with the provisions of clause 4.5 of this Offer, the Buyer may receive the Electronic Ticket by sending it to the Agent at the Buyer’s specified email address. Sending of the Electronic Ticket shall be made only on condition that the Buyer undertakes to pay full cost of the Electronic Ticket and Service Fee (in case of charging the Service Fee).
5. PAYMENT PROCEDURE
5.1. The Buyer shall have the right to pay for the Tickets by any of the methods proposed by the Agent, the information on which shall be placed on the Agent’s and/or Subagent’s Website, at the Points of Sale and/or reported to the Contact Center of the Agent.
5.2. Payment shall be deemed to be made by the Buyer at the time of confirmation of a successful transaction from the bank or payment system or at the moment of cash inflows to cashier desk of the Point of Sale.
5.3. In case of payment for the Order by a bank card on the Agent’s and/or the Subagent’s website and the Sales Points of the Agent and/or the Subagent, the Buyer shall be obliged to use a bank card issued in the name of the Buyer. At the same time, the cashier at the Ticket Point shall have the right to require the Buyer to provide the original documents confirming the Buyer’s identity.
5.4. The Electronic Ticket can be obtained by the Buyer only on condition that the Order is created by the Buyer himself directly on the Agent’s or the Subagent’s website and the payment is made only by means of a bank card or other non-cash method, the information of which is given on the Agent’s website.
5.5 Upon payment of the Order in accordance with clause 5.2 of this Offer, the Order shall be considered being sold and the Buyer shall have the right to visit the Event.
5.6. In case of non-payment or partial payment of the Order during the Reservation Validity Period, the Order shall be considered being unsold and canceled.
6. PAYBACK OF FUNDS
6.1. The monetary funds received by the Agent as payment for the Ticket/Electronic Ticket shall be to be returned to the Buyer only in case of cancellation/replacement/postponing of the Event and upon receipt by the Agent of the corresponding official letter of the Principal/Organizer of the Event, which specifies the conditions (term, time, place) and the procedure for returning tickets. Information about the order, terms, time and place of return of tickets can be found on the Agent’s website. In case if the payback of funds to the Buyers of the canceled, replaced or postponed Event for the Tickets purchased from the Agent shall be carried out at the cashier desks of the Principal and/or the Organizer of the Event, in accordance with the official letter of the Principal and/or the Organizer, the Buyer shall have no right to submit a claim to the Agent. From the replaced or postponed Event, if the Buyer does not agree with the replacement/postponing, the funds shall be returned to him on the day of the Event at the cashier desk of the Principal and/or the Event Organizer, in accordance with the official letter of the Principal and/or the Organizer, unless otherwise specified in the Principal’s and/or the Organizer’s official letter. The Buyer shall have no right to file a claim to the Agent.
6.2. Payback of monetary funds in accordance with the terms of this Offer for purchased by the Buyer Tickets shall be made only for the Tickets purchased at the Points of Sale or on the Internet site of the Agent and the Subagent if this place of payback is indicated in the official letter of the Principal/Organizer of the Event in accordance with paragraph 6.1. hereof.
6.3. Monetary funds shall be paid back to the Buyer only with the obligatory return of the purchased by the Buyer Ticket.
6.4. Payback of monetary funds in accordance with the terms of this Offer for purchased by the Buyer Tickets shall be always made after deduction of the Agent’s Service Fee and the cost of delivery of ordered and paid by the Buyer Ticket/s (if the delivery was ordered and paid by the Buyer).
6.5. The Agent shall not make payback of monetary funds for lost, damaged Tickets, as well as Tickets with any corrections and hidden by any artificial information means.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The buyer shall have the right:
7.1.1. Independently from open sources to make inquiry on the price of the Tickets for the Events and services of other official ticket operators when deciding to purchase the Tickets from the Agent.
7.1.2. To receive information about the rules of sale of the Tickets, the existing categories of Tickets and other information about the activities held by the Agent within the limits of his authority, using the Internet, call to the Agent’s Contact Center and other methods specified on the Agent’s Website. In this case, the Agent shall have the right, without explaining the reasons, to refuse the Buyer to book and/or sell the Tickets.
7.1.3. To choose the method of payment for the Ticket among the proposed by the Agent’s on site and/or Sales Points of the Agent. In this case, the Buyer shall be obliged to familiarize with the rules of using a particular method of payment.
7.1.4. To send feedback about the Agent’s work by the contacts listed on the site.
7.1.5. At his option to purchase the Ticket or Electronic Ticket for the Event, if the opportunity to purchase the Electronic Ticket for such Event is allowed by the Principal and/or by the Event Organizer and specified by the Agent on the Agent’s Website.
7.1.6. The Buyer has the right to refuse to purchase the Ticket from the Agent until the payment of the Order in accordance with the conditions provided for by this Offer. Such a refusal shall result in the termination of all obligations of the Agent before the Buyer.
7.2. The Buyer must:
7.2.1. Read in detail all the rules of the purchase of the Tickets and the terms of this Offer and accept them when making a purchase of the Ticket, as well as any additional rules governing the relations of the Parties in accordance with this Offer.
7.2.2. When ordering it is necessary to provide correct, accurate and complete information about a person. The Buyer acknowledges that he is fully responsible for the data reported to the Agent. The Buyer acknowledges that he has no claims to the Agent for incorrectly executed Order by the Buyer using the Agent’s Website, as he was not convinced of its correctness at the time of execution of the registration.
7.2.3. Pay the full cost of the completed Order before executing the next Order.
7.2.4. In case of purchase of the Ticket by using the Agent’s Internet site, provided that payment is made by cashless transfer of funds for the Order without the execution of delivery services, contact the Sales Point of the Agent no later than the date of the Event for the receipt of the Ticket. At the time of applying for the receipt of the Ticket, to provide the identification number of the Order, as well as to present a document confirming the identity of the Buyer or the Recipient of the Ticket. Presentation of the document is necessary to exclude possible fraudulent operations. In the event that the Buyer or the Recipient did not timely exchange the Electronic Ticket on the Ticket for reasons beyond the control of the Agent, the Agent shall be deemed to have fulfilled his obligations appropriately as provided for in this Offer. The Buyer shall have no right to file a claim to the Agent in the event that the Ticket is not received until the date of the Event of the Event for reasons beyond the control of the Agent.
7.3. The Agent shall have the right:
7.3.1. To demand from the Buyer to comply with the whole procedure for registration/payment for the Order according to the rules set forth in this Offer.
7.3.2. Upon refusal of the Buyer to accept this Offer in accordance with the conditions stated in it, to refuse the Buyer to purchase the Ticket and to provide the Services to him.
7.3.3. To cancel the Buyer’s Reservation and/or Order if the Buyer has more than 2 (two) Unpaid Reservations and/or Orders within 1 (one) calendar month.
7.3.3. At any time, to modify any software of the Agent’s System, including the Internet site, to suspend the operation of software tools that ensure the functioning of the site, with the detection of significant malfunctions, errors and failures, as well as for the purpose of conducting preventive works and preventing cases of unauthorized access to the site.
7.3.4. To establish and to change tariffs for their Services unilaterally and at any time.
7.3.5. To include in the cost of the Order and to charge from the Buyer a Service Fee. The cost of the Ticket delivery shall be paid additionally.
7.3.6. To demand from the Buyer to pay in full for the Ticket or the Electronic Ticket before selling the Ticket.
7.3.7. To cancel the executed Order, if it is not be paid within the Reservation Validity Period. The canceled Order cannot be restored for re-payment, except as by creating a new Order by the Buyer.
7.3.8. If the Buyer fails to comply with any of the Offer items, he shall refuse to continue to provide the services.
7.4. The Agent must:
7.4.1. Provide the Buyer with:
- The necessary information on specific Events;
- The necessary information on the dates, place and time of payback of funds for the purchased Tickets in case of cancellation/replacement/postponing of the Event. The reason for providing such information shall be the official letter of the Principal and/or the Organizer of the Event;
- The instructions for execution/payment/receipt of the Ticket. The information that the Agent publishes on the site and provides to the Point of Sale and the Agent’s cashier desk shall be considered as comprehensive information.
7.4.2. Not to use personal data of the Buyer for unauthorized distribution of materials which are not related to the execution of the Order.
8.1. In the event of non-fulfillment or improper fulfillment of their obligations provided for by this Offer, the Parties shall bear responsibility in accordance with the legislation of Ukraine and the terms of this Offer.
8.2. Responsibility of the Agent before the Buyer shall be limited to the function of organizing and implementing the interaction between the Principal (and/or the Organizer) and the Buyer for the purpose of selling the Tickets.
8.3. The Agent shall be not responsible for the non-compliance of the Services provided by the Principal with the expectations of the Buyer and/or his subjective assessment. The tips and recommendations given to the Buyer cannot be considered as a guarantee.
8.4. The Buyer shall assume all possible commercial risks associated with his actions in making mistakes and inaccuracies in his personal data provided by him.
8.5. The Agent shall not be liable for any damages and moral damage incurred by the Buyer as a result of misconception or misunderstanding of the information about the order of execution/payment of the Order, as well as receipt and use of the Services.
8.6. The Parties shall be released from liability for the full or partial non-fulfillment of their obligations under this Offer, if such non-compliance was the result of circumstances of force majeure, that is, extraordinary and inevitable under the given circumstances. Circumstances of force majeure, in particular, include: natural disasters, military actions, strikes, spontaneous disorders and protests, actions and decisions of state authorities, failures that arise in telecommunication and power networks.
8.7. The Agent shall not be liable for the performance and/or security of the communication channels used by the Buyer to access the Agent’s Internet site, as well as for the storage of information, including the Electronic Ticket, received by the Buyer in accordance with the terms of this Offer.
8.8. All reclamations or claims related to this Offer must be made in writing within 10 (ten) calendar days from the date of their occurrence. After the expiration of the specified term, reclamations shall not be considered by the Agent.
9. SPECIFIC PROVISIONS ON ELECTRONIC TICKETS
9.1. When purchasing an Electronic Ticket, the Buyer in any case shall undertake to provide his valid email address, telephone number, and also surname and name of the Recipient of the Ticket (in certain cases, passport data, if there are such requirements in accordance with the Laws of Ukraine and/or the Principal and/or the Organizer). In case of failure to provide such information (valid email addresses, telephone, surname and name of the Buyer and the Recipient of the Ticket, passport data), as well as in case of false or invalid information, the Agent shall be entitled to refuse the Buyer to purchase the Electronic Ticket.
9.2. The Buyer shall accept and agree that he is fully responsible for reporting an erroneous or invalid email address.
9.3 The Electronic Ticket shall be sent to the Buyer at his electronic mail address only on condition that the Buyer complies with the terms of this Offer on the payment of the cost of the Electronic Ticket and the Service Fee (in case if the Service Fee is charged).
9.4. The Buyer must personally and at his own expense print the Electronic Ticket. When printing the Electronic Ticket, the Buyer must make sure that the Electronic Ticket is printed properly. In case of non-fulfillment or improper fulfillment of the duty established by this paragraph, the Buyer shall be fully responsible for such actions (inaction), including in case of refusal by the Principal/Organizer of the Event in the entrance to the Event. The Agent shall not be liable for any losses incurred by the Buyer in the event of violation of the provisions of this paragraph, due to the fact that the Agent is not a party to the contract for provision of services related to the conduct of the Event.
9.5. The Buyer shall have the right, if similar is allowed by the Principal and/or the Organizer of the Event and indicated by the Agent at the moment of the issuance of the Electronic Ticket on the Agent’s Internet site, when entrance to the Event to present the Electronic Ticket stored in the memory of the technical device belonging to the Buyer, provided that such device permits the demonstration of the document for control (scanning) by the access control system at the venue of the Event.
9.6. The Buyer shall be solely responsible for the maintenance and protection of the Electronic Ticket against copying. If you copy the Electronic Ticket, access to the Event shall be opened according to the Ticket that was presented first.
9.7. The holder of the Electronic Ticket, whose personal data are recorded in the Electronic Ticket (the Buyer or the Recipient), in agreement with the Agent, shall have the right to refer to the Agent’s selling point before the start of the Event to receive the Ticket (instead of the Electronic Ticket) on the basis of the identity card. In case of exchange of the Electronic Ticket to the Ticket by the Buyer/the Recipient before the date or on the day of the Event, the Buyer/the Recipient of the Ticket shall lose the right to enter the Event by the Electronic Ticket. In this case, entrance to the Event shall be carried out only based on the Ticket.
10. SETTLEMENT OF DISPUTES
10.1. Disputes arising from the performance of the Agreement on the terms of this Offer shall be resolved with the obligatory observance of the claim order. A reclamation shall be submitted to the Agent in writing with the annex of the documents substantiating the proposed requirements within a time limit not exceeding 10 (ten) calendar days from the date of the origin of the dispute. The submitted reclamation shall be considered by the Agent within a maximum of 10 (ten) calendar days.
10.2. If it is impossible to reach an agreement, the disputes that have arisen shall be subject to review in the manner prescribed by the current legislation of Ukraine.
10.3 On all other issues not covered by this Offer, the Parties shall be guided by the current legislation of Ukraine.
11. PERIOD OF VALIDITY OF THE OFFER
11.1. The present Offer shall take effect from the date of its placement on the Agent’s website and shall be valid indefinitely. The provisions of this paragraph shall also apply to the amendments (alterations) to the present Offer.