(public offer to conclude a contract of sale
of tickets for a cultural and entertainment event)
Date of publication: 10.02.2020
Seller: a legal entity GENETS LIMITED, which sells tickets to a cultural and entertainment event through the use of the Site, on the one hand, and
Buyer: any individual who has reached 18 years of age, a legal entity that has expressed a desire to purchase a ticket to a cultural and entertainment event through the use of the Site, on the other hand, hereinafter referred to as the Parties, have concluded this Agreement as follows.
- In this document, the following terms are used equally in the singular and in the plural (unless otherwise follows from the meaning of the term and (or) definition) in the following meanings:
1.1. “Cancellation” – removal of Tickets from the Order with their automatic transfer to free sale in the System. The Order that is not paid during the Validity period of the reservation is automatically canceled at the end of the Validity period of the reservation (unless otherwise provided by additional information on the Site).
1.2. “Ticket” – a document generated using the Seller’s Site with the mandatory generation of a unique bar code (transaction number for issuing a Ticket) on the form of the Seller or on the form of the Venue of the Event (hall, stadium), on paper or electronic media, confirming the Buyer’s right to visit (passage, viewing, listening) the Event containing information about the name of the event, date and time, place of its holding, the place bought by the Buyer at the Event (in the sector, row, etc.) or without indicating the place, the cost of the service of attending the Event, as well as additional information of a legal or technical or other nature.
1.3. “E-ticket” – a document generated using the Seller’s Site with the mandatory generation of a unique bar code (transaction number for issuing a Ticket) on paper or electronic media, confirming the Buyer’s right to attend (passage, viewing, listening) the Event containing information about the name of the event , date and time, place of its holding, the place bought by the Buyer at the Event (in the sector, row, etc.) or without indicating the place, cost of the service of attending the Event, as well as additional information of a legal or technical or other nature.
1.4. “Reservation” – a formed Order, which is in the standby mode of payment by the Buyer.
1.5. “Validity period of the reservation” – the period of time from the moment of placing the Order to the moment of making the payment of the Order, established by the Seller for each Event separately, during which the Tickets included in the Order are not available for use by other persons except the Buyer of this Order during the entire Validity Period of the reservation.
1.6. “Order” – one or several Tickets for one Event selected by the Buyer from the System and united by a single identification number.
1.7. “Event” – a cultural and spectacular event, namely the GEM FEST festival, which is held in Greece on the island of Zakynthos from August 7 to 10, 2020, visiting of which is possible only upon presentation of a special document – a Ticket and/or E-ticket.
1.8. “Event organizer” – a legal entity GENETS LIMITED, which has the right to organize and conduct the Event on the basis of relevant agreements.
1.9. “Personal data” – the data about the Buyer necessary for the execution of the Order.
1.10. “Public offer” or “Offer” – this public offer to conclude a contract for the sale of tickets to a cultural and entertainment event published on the Site and/or available at the request of the Buyer at Ticket sales points.
1.11. “Ticket recipient” – an individual authorized by the Buyer to receive a Ticket purchased by the buyer, as well as having the right to exchange an E-ticket for a Ticket in accordance with the terms of this Public offer.
1.12. “Site” – the official website of the Seller, which is located at [https://gemfestival.eu/], through which the conclusion of the Public offer using the Internet system is carried out.
1.13. “Sale point” – a ticket office and Internet site for the sale of Tickets by the Seller.
- All terms defined in this Public offer have the same meaning in any other official documents that are published on the Site, unless otherwise provided in the document itself.
- GENERAL PROVISIONS
2.1. This Public offer regulates the conditions and procedure for the sale of Tickets, as well as the rights and obligations arising in this connection from the Seller and the Buyer.
2.2. Tickets to the Buyer, including E-tickets, are sold exclusively on the terms of this Offer and only if the conditions of this Offer are fully and unconditionally accepted by the Buyer (acceptance of the Offer). Partial acceptance, as well as acceptance on other conditions, is not allowed.
2.3. If the Buyer does not fully accept the terms of this Offer, the sale of Tickets, including E-tickets, is not carried out. Tickets purchased by the Buyer cannot be refunded, including if the Buyer refuses on the basis of the Buyer’s disagreement with the terms of the conditions of this Offer after accepting its conditions and paying for the Ticket. Refunds for tickets purchased by the Buyer are possible only in the manner and subject to the conditions established by this Offer.
2.4. When purchasing Tickets from the Seller by a legal entity, payment for Tickets is made by a legal entity only by transferring funds to the Seller’s bank account on the basis of an invoice issued by the Seller.
2.5. The Seller has the right to make changes to this Offer, but in any case, such changes are published in a timely manner and are publicly available on the Internet and at Sale points. Acquisition of a Ticket or an E-ticket by the Buyer after making changes to the text of the Offer means acceptance of the Offer as amended.
2.6. The terms of this Offer are valid both for Buyers making payments through the Site and at Sale points, and do not depend on the form of payment.
2.7. The Seller has the right to terminate the Offer at any time without prior notice to the Buyer in case the latter violates the terms of this Offer and other rules.
2.8. This Offer shall enter into force on the date of its posting on the Site and is valid indefinitely.
- SUBJECT OF THE OFFER
3.1. The subject of this Offer is the purchase and sale of Tickets, including E-tickets, for the Event in the manner and subject to the conditions provided for by this Offer (hereinafter – the “Sale of Tickets”).
3.2. In accordance with the provisions of the law “On the Protection of Personal Data”, the Buyer acknowledges and agrees to provide the Seller with his personal data, as well as personal data of third parties specified by the Buyer, which the Seller received in the process of issuing the Ticket (Order), namely: last name, first name, gender, contact phone number, city, delivery address (in the case of the provision of ticket delivery services) and email address. The Buyer gives the Seller the right to process his personal data in connection with the Sale of Tickets to the Buyer due to this Offer, including for the purpose of receiving by the Buyer of advertising messages about Events, tickets for which are sold by the Seller. Due to the fact that the processing of the Buyer’s personal data is carried out in connection with the execution of the agreement concluded under the terms of this Offer, the Buyer’s consent to the processing of his personal data is not required. The period of use of the provided personal data is unlimited. The Buyer guarantees and is responsible for the fact that the data specified in the Order are voluntarily provided by him and third parties when issuing the Ticket, and all these persons are familiar with and agree to the Offer.
- ACCEPTANCE RULES
4.1 This Offer is considered the main document in the official relationship between the Buyer and the Seller on the purchase and sale of Tickets. Acceptance by the Buyer of this Offer is carried out by the Buyer sequentially performing the actions specified in clause 4.3 of this Offer (acceptance of the Offer). The acceptance by the Buyer of this Offer is made voluntarily.
4.2. Prior to the acceptance of the Offer, the Buyer must be sure that he understands all the conditions of this Offer and he accepts them unconditionally and in full.
4.3. Acceptance of this Offer by the Buyer is carried out by sequentially performing the following actions:
4.3.1. contacting the Sale point and/or contacting the Seller’s Site;
4.3.2. familiarization with the terms of this Offer;
4.3.3. familiarization with the age restrictions of the Event, as well as providing a contact phone number, email address, last name and first name of the Recipient of the E-ticket, and subject to the delivery of the Ticket/s, the address and time of delivery.
4.4. After all the actions specified in clause 4.3 of this Offer have been completed, the Buyer, depending on the chosen method of purchasing the Ticket: Ticket or E-ticket, pays for the Order in accordance with the method of purchase chosen by the Buyer and the corresponding method of payment in the terms provided by the payment rules for a specific event.
4.5. After making the payment for the Order, the Buyer either receives the Ticket independently at the Sale point or by issuing its delivery (for a fee), or independently prints the E-ticket, or writes the E-ticket to the memory of the technical device owned by the Buyer, provided that such a device allows demonstration of a document for control (scanning) by an access control system at the venue of the Event.
4.5.1. When ordering a Ticket via the Site, the Buyer is informed (or sent an SMS notification to the contact phone number and (or) email address) the order identification number, which the Buyer is obliged to provide (sometimes together with his last name and first name, if applicable) upon receipt of the Ticket at the Sale point or upon receipt of the Ticket upon delivery. When contacting the Sale point, the Ticket is received on the spot or delivered to the address indicated by the Buyer. The cost of delivery, the procedure for its implementation, as well as other relevant information related to the delivery of Tickets, is posted on the Site 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 an E-ticket by sending it by the Seller to the email address indicated by the Buyer. Sending an E-ticket is carried out only if the Buyer fulfills the obligation to fully pay the cost of the E-ticket.
- PAYMENT PROCEDURE
5.1. The Buyer has the right to make payment for the Tickets in any of the ways proposed by the Seller, information about which is on the Site and/or at the Sale point.
5.2. A payment shall be deemed made by the Buyer at the time of confirmation of a successful transaction by the bank or the payment system, or at the time of receipt of funds at the cash desk of the Sale point.
5.3. In case of payment of the Order with a credit card on the Site and Sale point, the Buyer is obliged to use a bank card issued in the name of the Buyer. At the same time, the cashier at the Sale point has the right to demand that the Buyer provide the original documents proving the identity of the Buyer.
5.4. An E-ticket can be obtained by the Buyer only if the Buyer creates an order directly on the Site and the Order is paid only with a bank card or other non-cash method, information about which is presented on the Site.
5.5. After payment of the Order in accordance with clause 5.2 of this Offer, the Order is considered sold and the Buyer has the right to attend the Event.
5.6. In case of non-payment or only partial payment of the Order during the Validity period of the reservation, the Order is considered unsold and is canceled.
6.1. The funds received by the Seller as payment for the Ticket/E-ticket shall be returned to the Buyer only in case of cancellation/replacement/transfer of the Event by the Event organizer.
In case of cancellation/replacement/transfer of the Event by the Event organizer, information on the procedure, timing, time and place of Ticket return is published on the Site.
6.2. Refunds in accordance with the terms of this Offer for Tickets purchased by the Buyer are carried out only for Tickets purchased at Sale points or on the Site.
6.3. Funds are returned to the Buyer only if the Buyer actually refunds the purchased Ticket.
6.4. Refunds in accordance with the terms of this Offer for Tickets purchased by the Buyer are always made minus the cost of delivery of the Ticket/s ordered and paid by the Buyer (if the delivery was ordered and paid by the Buyer).
6.5. The Seller does not refund money for lost, damaged Tickets, as well as Tickets with any corrections and information hidden by any artificial means.
6.6. Other cases of returning funds to the Buyer for the Ticket/E-ticket are not provided by the Offer.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Buyer has the right to:
7.1.1. Receive information about the rules for the sale of Tickets, the available categories of Tickets and other information regarding an Event owned by the Seller, using the Internet and other methods specified on the Site. In this case, the Seller has the right, without giving reasons, to refuse the Buyer to book and/or sell Tickets.
7.1.2. Choose a method of payment for the Ticket from those proposed by the Seller on the Site and/or the Sale point. In this case, the Buyer is obliged to independently familiarize oneself with the rules for using one or another payment method.
7.1.3. Optionally purchase a Ticket or an E-ticket for an Event.
7.1.4. The Buyer has the right to refuse to purchase a Ticket from the Seller until the payment of the Order is made in accordance with the conditions provided for by this Offer. Such a refusal will entail the termination of all obligations of the Seller to the Buyer.
7.1.5. The Buyer has the right to transfer the Ticket or E-ticket to another person only until registration, before the Ticket is in the form of a QR code. After the Ticket is registered and assigned to the owner, the Buyer will not be able to transfer the Ticket to another person.
7.2. The Buyer is obliged to:
7.2.1. Read in detail all the rules for the purchase of Tickets and the conditions of this Offer and accept them when making a purchase of the Ticket, as well as all additional rules governing the relations of the Parties in accordance with this Offer.
7.2.2. When making an Order, provide the necessary true, accurate and complete information about oneself. The Buyer acknowledges that he is fully responsible for the data communicated to the Seller. The Buyer acknowledges that he has no complaints against the Seller for the Order being incorrectly executed by the Buyer using the Site, since he himself did not make sure of its correctness during the execution of the registration.
7.2.3. Pay in full the cost of the executed Order.
7.2.4. In case of purchasing a Ticket through the Site subject to payment by bank transfer of funds for the Order without arranging delivery services, contact the Sale point no later than the date of the Event to receive the Ticket. At the time of applying for a Ticket, inform the order identification number, as well as present a document proving the identity of the Buyer or the Recipient of the Ticket. The presentation of the document is necessary to exclude possible fraudulent transactions.
If the Buyer or the Recipient of the Ticket did not timely exchange the E-ticket for the Ticket for reasons beyond the Seller’s control, the Seller shall be deemed to have properly fulfilled its obligations stipulated by this Offer.
The Buyer is not entitled to make a claim to the Seller in case of non-receipt of the Ticket before the date of the Event for reasons beyond the control of the Seller.
7.3. The Seller has the right to:
7.3.1. Require the Buyer to comply with the entire procedure for processing/payment for the Order according to the rules set forth in this Offer.
7.3.2. If the Buyer refuses to accept this Offer on the terms and conditions set forth in it, refuse the Buyer to sell the Ticket to him.
7.3.3. At any time, modify any software of the Seller’s system, including the Site, suspend the operation of software that ensures the functioning of the Site upon detection of significant malfunctions, errors and failures, as well as in order to carry out preventive maintenance and prevent cases of unauthorized access to the Site.
7.3.4. Set and change the cost of Tickets unilaterally and at any time.
7.3.5. Demand from the Buyer payment of the cost of delivery of Tickets, which is paid by the Buyer separately.
7.3.6. Require the Buyer to pay in full the Ticket or E-ticket before selling the Ticket.
7.3.7. Cancel the executed Order if it is not paid during the Validity period of the reservation. The canceled Order cannot be restored for re-payment, except by creating a new Order by the Buyer.
7.3.8. If the Buyer fails to comply with any of the clauses of the Offer, refuse him the further sale of Tickets.
7.4. The Seller is obliged to:
7.4.1. Provide the Buyer with:
– the necessary information about a specific Event.
– the necessary information about the dates, place and time of the refund for the purchased Tickets in case of cancellation/replacement/transfer of the Event.
– instructions for issuing/paying/receiving a Ticket. Comprehensive information is the information that the Seller publishes on the Site and provides at the Sale point.
7.4.2. Do not use the Buyer’s personal data for unauthorized distribution of materials not related to executed Orders.
8.1. In case of non-fulfillment or improper performance of their obligations stipulated by this Offer, the Parties are liable in accordance with the law and the terms of this Offer.
8.2. The seller is not responsible for non-compliance of the Event with the expectations of the Buyer and/or his subjective assessment. The advice and recommendations provided to the Buyer cannot be regarded as a guarantee.
8.3. The Buyer assumes all possible commercial risks associated with his actions to make mistakes and inaccuracies in the personal data provided to him.
8.4. The Seller is not responsible for any losses and non-pecuniary damage incurred by the Buyer as a result of an erroneous understanding or misunderstanding by him of information on the procedure for placing/paying an Order, as well as receiving and using the Services.
8.5. The Parties are exempted from liability for full or partial failure to fulfill their obligations under this Offer if such failure was the result of force majeure, that is, extraordinary and inevitable circumstances under the given conditions. Force majeure circumstances, in particular, include: natural disasters, military operations, strikes, natural disturbances and protests, actions and decisions of state authorities, failures arising in telecommunication and energy networks.
8.6. The Seller is not responsible for the operability and (or) security of the information communication channels used by the Buyer to access the Site, as well as for the safety of information, including the E-ticket received by the Buyer in accordance with the terms of this Offer.
8.7. All claims related to this Offer must be submitted in writing within 10 (ten) calendar days from the date of their occurrence, but no later than 10 (ten) calendar days from the date of the Event. After this period, claims will not be considered by the Seller.
- SEPARATE PROVISIONS FOR E-TICKET
9.1. When purchasing an E-ticket, the Buyer is obligated in any case to provide his valid email address, phone number, as well as his surname and name of the Ticket Recipient (in some cases, passport data if there are such requirements in accordance with international law or the legislation of the Organizer). In case of failure to provide such information (valid email address, phone number, last name and first name of the Buyer and the Ticket recipient, passport data), as well as in the case of providing false or invalid information, the Seller has the right to refuse to buy the E-ticket.
9.2. The Buyer accepts and agrees that he is fully responsible for reporting a false or invalid email address.
9.3. An E-ticket is sent to the Buyer at his email address only if the Buyer complies with the terms of this Offer to pay the cost of the E-ticket.
9.4. The Buyer is obliged to print an E-ticket independently and at his own expense. When printing the E-ticket, the Buyer must ensure that the E-ticket print is of the proper quality. In case of non-fulfillment or improper fulfillment of the obligation established by this paragraph, the Buyer is fully responsible for such actions (inaction), including in case that the Event organizer refuses to enter the Event.
9.5. The Buyer has the right, if this is allowed by the Event organizer and indicated by the Seller at the time of issuing the E-ticket on the Site, upon entering the Event, present the E-ticket stored in the memory of the technical device owned by the Buyer, provided that such a device allows demonstration of a document for control (scanning) by an access control system at the venue of the Event.
9.6. The Buyer is solely responsible for the safety and protection of the E-ticket from copying. In case of copying the E-ticket, access to the Event will be open for the ticket that was presented first.
9.7. The holder of the E-ticket, whose personal data is recorded in the E-ticket (the Buyer or the Ticket recipient), as agreed with the Seller, has the right to contact the Sale point before the Event to receive the Ticket (in exchange for the E-ticket) on the basis of an identity document. In the event that the Buyer/Recipient exchanges an E-ticket for a Ticket before or on the day of the Event, the Buyer/Recipient loses the right to enter the Event by E-ticket. In this case, the access to the Event will be carried out only with the Ticket.
- DISPUTE RESOLUTION
10.1. Disputes arising in the performance of the contract under the terms of this Offer are resolved with the mandatory observance of the claims procedure. The claim shall be submitted to the Seller in writing with the application of documents substantiating the requirements, within a period not exceeding 10 (ten) calendar days from the date the dispute was raised, but no later than 10 (ten) calendar days from the date of the Event. A claim is considered by the Seller within a period not exceeding 10 (ten) calendar days.
10.2. If it is impossible to reach agreement, disputes arising shall be considered in the manner prescribed by applicable law.
10.3. For all other matters not provided for in the Offer, the Parties shall be governed by applicable law.
- DURATION OF THE OFFER
11.1. This Offer shall enter into force on the date of its posting on the Site and is valid indefinitely. The provisions of this paragraph apply to additions (changes) to this Offer.