Public offer 

The CONTRACT  

of Sale of tickets for cultural and entertainment events  

(Public offer of LLC "Maestro Ticket») Definition  

 

  1. In this document, the following terms are used equally in singular and plural (unless otherwise follows from the content of the term and/or definition) in the following meanings:  

  1.  "Agent" – OOO "Maestro Ticket Systems" authorized to act on the basis of contracts concluded with the Principal on registration and selling Tickets to Events. 

  1.  "Cancellation" – remove Tickets from the Order with automatic transfer to the open market in the System. The order is not paid within the Period of the reservation are canceled automatically at the end of the Period of the reservation (unless otherwise provided further information on the website). 

  1.  "Ticket" – a document generated using the automated System of the Agent on the letterhead of OOO "Maestro Tiket Systems", certifying the right of the Buyer to visit (pass, view, listen) the Event and contains information about name, date, time, venue allocated to Buyer place at the Event (sector, row, etc.), service cost of the Event and the amount of the Service fee, as well as additional information of a legal or technical nature.  

  1.   "Electronic ticket" – a document generated using the automated System of the Agent on paper or electronic format, certifying the right of the Buyer to visit (pass, view, listen) the Event containing a barcode, order number, information about name, date, location of the Event, allocated to the customer place at the Event (sector, row, etc.), service cost of the Event and the amount of the Service fee, as well as additional information of a legal or technical nature. Availability of services, the formation of the E-ticket is governed by the Event Organizer and/or Agent and depends on the possibility of using the venue of an automated access control system based on barcode reader and/or the ability to obtain the Ticket directly at the point/points of sale in the venue before the Event in accordance with the terms of this agreement.  

  1.  "Booking" – formed Order, which is in the standby mode of payment by the Buyer.  

  1.  "The period of the reservation" – a period of time from the date of Order prior to the Order, established by the Agent in the System for each Event individually, for which Tickets included in the Order is unavailable for use by other persons, except the Buyer of this Order during the entire Period of the reservation.  

  1.  "Order" – one or more Tickets for one Event selected by the Buyer from the System and combined into a single identification number.  

  1.  "Event" – cultural and entertainment event, including a theatrical performance, circus performance, concert, exhibition, film screening, festival, show, fashion show, sporting event, tour and any other event, admission to which is possible only on presentation of a special document – Ticket and/or Electronic ticket.  

  1.   "Organizer" – a legal entity individual entrepreneur has the right to exercise the organization and conduct of measures under the relevant contracts.  

  1.  "Offer" – a real contract of sale of tickets for cultural and entertainment events (Public offer of LLC "Maestro Ticket System"), published by email _______________ and/or available at the request of the buyer at the point of sale of tickets.  

  1.   "Buyer" – natural or legal person who uses the services of Agent for booking and ticketing on condition of compliance with the present Offer. 

  1.  "Recipient account" – the physical person authorized by the Buyer to purchased the Ticket and also the one that has the right to exchange the E-ticket on the Ticket in accordance with the terms of this agreement.  

  1.   "Principal" of the event – a legal entity or individual entrepreneur, which instructs the Agent to commit to Ticket Buyers.  

  1.  "Service fee" – the funds, additionally charged to the Buyer in the sale of Tickets for its Agent services booking and ticketing, are inextricably linked with the procedure of sale of tickets through the System Agent. Service charge for each Ticket amounts to a certain percentage of the cost of the service specified on the ticket, traditionally 10 % (ten percent), but in some cases may be calculated in amount, individually prescribed Agent.  

  1.  "System" – automated information system of OOO "Maestro Ticket System" is a software package designed for booking Tickets and consisting of web-portal kontramarka.ua internal office systems and automate business processes, meets the requirements for protection against unauthorized access, identification, fixation and preservation of all operations with the Ticket (including Electronic ticket), but also provides when completing a Ticket (including Electronic ticket) and the issue of the Ticket (including Electronic ticket) the preservation of the unique serial number of the ticket (including Electronic ticket). 

  1.  "Subagent" means any legal entity, individual entrepreneur or natural person that sells Tickets to Customers on the basis of the concluded Agent agreements for the sale of tickets for various events. The rules of this Offer for such agreements are in force, unless otherwise stated in the agreement between the agent and the Subagent. 

  1.  "Point of sale" – cash and web-sites on the Internet, with Ticket sales of both Agent and subagents of Agent. 

  1. GENERAL PROVISIONS  

  1.  This offer reglementary the conditions and procedure for the sale of Tickets, as well as the rights and obligations arising in connection with this Agent and Buyer.  

  1.  Selling Tickets to the Purchaser, including E-tickets, exclusively produced in the conditions of hereof and only in case of complete and unconditional acceptance of this offer by the Buyer (acceptance of Offer). Partial acceptance and also the acceptance on other conditions is not allowed.  

  1.  If the Buyer does not accept in full the conditions of the Offer, the sale of Tickets, including Electronic tickets, are not made. Purchased Tickets cannot be returned, including in the event of the Buyer on the basis of disagreement of the Buyer with the terms of this Offer after the acceptance of its terms and payment of the Ticket. Refunds for purchased Tickets is possible only in the manner and on the terms set forth herein.  

  1.  When you purchase tickets from the Agent a legal entity the payment is made by the legal person only by transferring funds to the settlement account of the Agent on the basis of an invoice issued by the Agent.  

  1.  The agent reserves the right to amend this Offer, but in any case, such changes will be posted in a timely manner and are available on the Internet and in sales outlets. Use the Buyer service Agent after making changes in the text of the Offer means the acceptance of the Offer with the changes.  

  1.  Conditions this Offer applies to Buyers who are paying through the Internet site kontramarka.ua and at the point of sale, and does not depend on the form of payment.  

  1.  The agent may terminate the Offer at any time without prior notice to the Buyer in the event of a breach of the terms of this Offer and other rules.  

  1.  This offer takes effect from the date of its posting on the website of the Agent and is valid indefinitely. 

  1. THE SUBJECT OF THE OFFER  

  1. The subject of this Offer is to provide the customer with such services as booking, registration, sales and delivery (the latter for an additional fee, which is charged in excess of the amount of the Service fee) Tickets for Events in the manner and on the terms set forth herein (hereinafter – Services).  

  1.  Agent is not responsible for the actions of the Principal and/or the event Organizer and/or third parties for the sale of Tickets, acting on their own behalf and/or on behalf of the Principal or the event Organizer, as well as for the organization and the fact of the Event.  

  1.  In accordance with the provisions of the law of Ukraine "On personal data protection" № 2297-VI from 01.06.2010 g, Buyer acknowledges and agrees to provide Agent and/or Subagents their personal data, and equivalent with this and the personal data of third parties specified by the Buyer which are received by the Agent in the process of issuing a Ticket (Order), namely: surname, name, gender, contact number, city, delivery address (in case of provision of services for the delivery of Tickets) and email address. The processing of personal data of the Buyer in accordance with the legislation of Ukraine. The buyer gives the Agent the right to process personal data in connection with providing the Buyer the Services described in this agreement, including for purposes of obtaining a Buyer promotional messages about the event, tickets for which are sold by the Agent. Due to the fact that the processing of personal data of the Buyer in connection with the execution of the contract concluded on terms of this Offer, the Buyer's agreement to the processing of personal data is not required. The period of use of provided personal data for an indefinite period. The buyer warrants and is responsible for the fact that the data stated in the Order are voluntarily provided by them and third parties when booking the Ticket, and all these persons have read and agree to the Offer. 

  1. TERMS OF ACCEPTANCE  

  1. This offer is the basic document in official relations between the Buyer and the Agent for buying and selling Tickets. Buyer's acceptance of this Offer is carried out by sequential buyer of the actions specified in paragraph 4.3 of present Offer (Offer acceptance). The Commission of acceptance by the Buyer of the present Offer is voluntary and is equivalent to a written agreement (paragraph 2 of article 642 of Civil code of Ukraine).  

  1.   Before making an Offer acceptance the Buyer must be sure that all the conditions of this Offer are clear to him and he accepts them unconditionally and in full.  

  1.  The acceptance of this Offer by the Buyer is carried out by successively performing the following actions: a) contacting the Point of sale and/or access the Internet website of the Agent and/or Subagent and/or call the Contact center Agent and/or Subagent; b) selection of specific Activities and the category of the Ticket/s available at the time of application of the Buyer; b) familiarization with the terms of this Offer; d) introduction of the age limits for specific Activities, as well as providing a contact telephone number, email address, first and last name Recipient's E-ticket and subject to the completion of the delivery of Ticket/s address and time of delivery.  

  1.  After the implementation of all actions specified in paragraph 4.3 of present Offer, the Buyer, depending on the chosen method of Ticket purchase: Ticket or E-ticket, makes a payment Order in accordance with the selected Buyer by method of acquisition with a corresponding this method of acquisition method of payment within the time stipulated the payment terms for the specific Event.  

  1.  After making the payment, the Buyer either receives the Ticket yourself to the Point of sales or through the issuance of delivery (for a fee) or print out an Electronic ticket, or writes the Electronic ticket to the memory of technical devices, owned by the Buyer, provided that such a device allows for the possibility of demonstration of document control (scanning) access control system at the venue.  

  1. When ordering tickets through the web site or Contact center Agent and/or Subagent of the Buyer is reported (or sent sms notification to the contact phone number and/or email address) ID number of the Order, the Buyer is obliged to inform (sometimes together with their surname and name, if such there is) upon receipt of the ticket at the Point of sale or upon receipt of the Ticket when it is delivered. Turning to the Point of sales ticketing is in place or is it shipping to the address given by Buyer. The cost of delivery, its implementation, as well as other essential information pertaining to delivery of Tickets, posted on the Website of the Agent www.kontramarka.ua and are an integral part hereof.  

  1.  Under the provisions of paragraph 4.5 of this Offer, the Buyer can receive the Electronic ticket via sending an Agent to the Buyer's email address. Sending of the Electronic ticket is carried out only under condition of performance by the Buyer of obligations for the full payment of the Electronic ticket and the Service fee (if collection Service fee). 

  1. THE ORDER OF PAYMENT  

  1.  The buyer has the right to purchase Tickets in any of the ways suggested by the Agent, about whom there is information on the website of the Agent and/or Subagent, at the Point of sale and/or communicated to the Contact center Agent.  

  1.  Payment is deemed to be committed by the Buyer at the time of confirmation of the successful transaction by the Bank or payment system or at the time of receipt of money resources in cash Desk of the Point of sale.  

  1.  In the case of payment by Bank card on the web site of the Agent and/or Subagent and the Outlets of the Agent and/or the Subagent the Buyer is obliged to use a Bank card issued in the name of the Buyer. At the same time cashier at the Point of sale of tickets shall be entitled to require the Buyer to provide original documents certifying the identity of the Buyer.  

  1.  An electronic ticket can be obtained only when the formation of the Order by the Buyer directly on the Internet website of an Agent or Subagent and payment through Bank card, or other cashless method that is described on the Internet website of the Agent.  

  1.  After the payment Order in accordance with clause 5.2 of this Offer, the Order is considered sold and the buyer acquires the right to attend the Event.  

  1.  If non-payment or partial payment of the order during the Period of the reservation Order shall be considered unsold and will be cancelled. 

  1. REFUNDS  

  1. Funds received by Agent as payment of the Ticket/Electronic ticket shall be refunded to Buyer only in case of cancellation/replacement/postponement of the Event and upon receipt by the Agent of the official letter of the Principal/event Organizer, stating the terms (duration, time, place) and refund tickets. Information about the order, the date, time and place of return tickets are available on the website of the Agent. In case the refund to the Customers, from cancelled, replaced or transferred of the event for Tickets purchased from the Agent, is carried out in the offices of the Principal and/or the event Organizer, according to an official letter to the Principal and/or Organizer, the Buyer has no right to make a complaint Agent. From replaced or moved Events, if the Buyer does not agree to the replacement/transfer, he returned the money the day of the Event at the offices of the Principal and/or the event Organizer, according to an official letter to the Principal and/or the Organizer, unless otherwise indicated in an official letter to the Principal and/or Organizer. The buyer has no right to make a complaint Agent.  

  1.  A refund in accordance with the terms of this Offer for tickets purchased by the buyers is only for Tickets purchased at Points of sale or on the Internet website of the Agent and Subagent, if the return location specified in the official letter of the Principal/Event Organizer according to the paragraph 6.1. this Offer.  

  1.  Money is returned to the Buyer only provided that actual return of the purchased ticket of the Buyer.  

  1.  A refund in accordance with the terms of this Offer for tickets purchased by the buyers is always made minus the Service charge of the Agent and the cost of delivery ordered and paid for the purchaser of the Ticket/s (if the delivery was ordered and paid for by Buyer).  

  1.  The agent does not refund for lost, damaged Tickets, and Tickets with any corrections and hidden by any artificial means information. 

  1. THE RIGHTS AND OBLIGATIONS OF THE PARTIES 

  1. The buyer has the right: 

  1. Independently from open sources to inquire about the price of Tickets for Events and services of other official ticket operators when making decisions about the purchase of tickets from the Agent.  

  1.  Get information on rules of sale of Tickets, Ticket types and other information for Activities owned by the Agent within its authority, using the Internet, call the Contact center Agent and by other means specified on the website of the Agent. The agent has the right without explanation to refuse the Buyer on the reservation and/or Ticket sales.  

  1.  Select the method of payment of the Ticket from the Agent on the website and/or Point-of-sale Agent. The Buyer is obliged to familiarize himself with the rules of use of one or another method of payment.  

  1.  To provide feedback about the Agent via the contacts listed on the website.  

  1.  Opt to purchase a Ticket or E-ticket for the Event, if the possibility of acquiring an Electronic ticket to an Event is permitted by the Principal and/or the Event Organizer and provided by the Agent on the Agent's Website.  

  1.  The buyer has the right to refuse to purchase tickets from the Agent prior to making the payment Order in accordance with the terms of this Offer. Such a refusal would entail the termination to the Purchaser all obligations of the Agent.  

  1. The buyer is obliged: 

  1.  Get acquainted with all the rules and conditions of this Offer and accept them when purchasing tickets, as well as any additional rules governing the relationship of the Parties under this Offer.  

  1.  When Ordering you must provide true, accurate and complete information about yourself. The buyer acknowledges that he bears full responsibility for the data reported to the Agent. The buyer acknowledges that it has no claims to the agent for the incorrectly placed by the Purchaser using the Internet site of Agent Ordering, as he didn't make sure it is correct at the time of making a booking.  

  1.  To pay in full execution of Order.  

  1.  In the case of purchase of Ticket through Internet website of the Agent, provided that payment by wire transfer of funds for the Order without delivery, contact the sales Agent not later than the date of the Event to obtain the Ticket. At the time of treatment relative to the Ticket to inform the identification number of the Order, and to show the document proving the identity of the Buyer or Recipient of the Ticket. The presentation of the document is necessary to avoid possible fraudulent transactions. In the event that the Buyer or recipient of the ticket is not received in a timely manner the exchange of the Electronic ticket to the Ticket, for reasons beyond the control of the Agent, the Agent recognized the fact that adequately fulfilled their obligations under this Offer. The buyer has no right to lay claim to the Agent in case of non-receipt of Ticket before the date of the Event for reasons beyond the Agent's control.  

  1. The agent shall be entitled to: 

  1.  To require the Buyer to comply with the procedure of registration/payment Order according to the rules stated in this Offer.  

  1.  If the Buyer refuses to accept the Offer on the conditions set out therein to refuse the Buyer to sell him a Ticket and the provision of Services. 

  1.  Any time to modify any of the System software of the Agent, including the website, suspend the operation of software ensuring the functioning of the site, with detection of significant faults, errors and failures, and to do preventative maintenance and prevent unauthorized access to the site.  

  1.  To set and change tariffs for its Services unilaterally and at any time. 

  1.  To include in the cost of the Order and charge buyer a Service fee. The cost of Ticket delivery is charged separately. 

  1.  To require from the Buyer full payment of the Ticket or Electronic ticket before making a sale of the Ticket.  

  1.   To cancel an Order if it is not paid during the Period of the reservation. The cancelled Order cannot be recovered for re-payment, except by creating a Buyer of a new Order. 

  1.  At non-observance by the Buyer of any of the paragraphs of the Offer to refuse provision of further services. 

  1. The agent shall:  

  1. Provide The Buyer With:  

  • essential information about specific events; 

  • the necessary information about the date, place and time of refund for Tickets purchased in case of cancellation/replacement/postponement of an Event. The basis for the provision of such information is a formal letter to the Principal and/or the event Organizer; 

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