1. Preamble
1.1. The terms of the User Agreement – a public offer (hereinafter the Agreement) regulate the legal relationship between Lampyris s.r.o. (hereinafter the Agent) and buyers who pay for tickets through the Agent’s online acquiring (hereinafter Buyers). The Agreement is considered concluded from the moment the Buyer places an Order to purchase tickets and until the moment the Buyer (or a person authorized by the Buyer) receives the tickets or cancels the Order.
1.2. This agreement is a public offer, and by accepting the terms set out below, the Buyer, who accepts this offer, makes payment for the ordered tickets in accordance with the terms of the Agreement. Payment for tickets by the Buyer is an acceptance of the offer, which is considered equivalent to the conclusion of the Agreement on the terms set out in the offer. Before accepting the Offer, the Buyer must be sure that all the terms of this Agreement are clear to them and that they accept them unconditionally and in full.
2. Definitions
Buyer – an individual or legal entity, the owner of tickets, the ultimate consumer of services under this Agreement.
Event – a cultural and entertainment event, attendance of which is possible only upon presentation of a Ticket.
Ticket – an electronic document generated by the Ticketing Platform software and hardware complex, giving the Buyer the right to visit the Event and containing all the necessary information about the Event, the seat allocated to the Buyer, and the cost.
Order – one or more tickets selected by the Buyer for one-time payment.
Event Organizer – a legal entity or an individual entrepreneur authorized to organize and conduct the Event. The Event Organizer instructs the Agent to provide the Buyer with services, including information about the Event, seat selection, ticket reservation, order processing and payment, and delivery of paid tickets to the Buyer’s specified email address, possible refund of money for unused tickets. (hereinafter Services to the Buyer).
Agent (Lampyris s.r.o.) – a legal or natural person authorized to provide Services to the Buyer.
Services to the Buyer – services related to providing the Buyer with information about the Event, seat selection, ticket reservation, order processing and payment, and delivery of tickets to the Buyer’s specified email address. The Agent incurs expenses for the Services to the Buyer and may charge a fee for their provision in the form of a Service Fee.
Nominal ticket price – the cost of the right to attend the Event, set by the Event Organizer and indicated on the ticket.
Service Fee – the money collected from the Buyer for providing Services under this Agreement: providing information about the Event, seat selection, ticket reservation, order processing and payment, delivery of paid tickets to the Buyer’s specified email address, possible refund of money for unused tickets.
Mobile electronic ticket (hereinafter MET) – a representation of the Ticket in the My Tickets section of the Mobile Application. MET contains a barcode and QR code with information about the ticket. To visit some Events, it is sufficient to present the MET to the controller on the screen of a mobile device.
3. Subject of the Agreement
3.1. The subject of the Agreement is the provision of Services to the Buyer by the Agent: providing information about the Event, seat selection, ticket reservation, order processing and payment, delivery of paid tickets to the Buyer’s specified email address, possible refund of money for unused tickets.
3.2. For the provision of Services to the Buyer, the Agent may charge the Buyer a Service Fee.
3.3. The Buyer purchases tickets based on information about the Event presented on the Site, Social Networks, and Mobile Applications (hereinafter the Site and Mobile Application). This information is posted by the Agent in accordance with the information provided by the Event Organizer. The Agent is not responsible for inaccurate (improper) information about the Event provided by its Organizer.
4. Order Processing and Payment Procedure
4.1. The Buyer independently places an Order on the Site and/or in the Mobile Application, Social Networks. Tickets included in the Order are withdrawn from sale and reserved for the Buyer. During the countdown timer’s validity period, payment is available only to the Buyer who placed the Order. Processed and active Orders (with an active countdown timer) are available in the „My Orders“ section.
4.2. The full cost of the Order consists of the cost of each ticket included in the Order and the Service Fee (if applicable).
4.3. The Buyer can pay for the placed Order using the available methods on the Site and in the Mobile Application. To pay for one or more Orders, click the „Pay for Order(s)“ button in the „Cart.“ If, for any reason, the payment is not made or is interrupted, the Order can be paid during the Order’s validity period from the „My Orders“ section. If full payment of the Order is not made during the countdown timer’s validity period, the Order status becomes „Canceled,“ and the tickets are returned to general sale.
4.4. Order payment with bank cards:
4.4.1. To make a payment (enter card details), you will be redirected to the payment gateway of the Stripe.com payment system. The connection to the payment gateway and information transfer is done in a secure mode using SSL encryption protocol. If your bank supports secure internet payments technology Verified By Visa or MasterCard SecureCode, you may need to enter a special password to make a payment. This site supports 256-bit encryption. The confidentiality of the personal information provided is ensured by Stripe.com. The information entered will not be provided to third parties except as provided by the laws of the event country. Payment by bank cards is made strictly in accordance with the requirements of international payment systems Visa Int. and MasterCard Europe Sprl.
4.4.2. Refusal to make a payment may be caused by the following reasons:
— The bank card is not intended for online payments, which can be verified by inquiring with the bank that issued the card,
— The expiration date of the bank card has passed. The card’s expiration date is usually indicated on the front side of the card (month and year until which the card is valid),
— Insufficient funds for payment on the bank card,
— The established daily limit for transactions has been exceeded. The amount of the daily limit for all operations is determined by the card-issuing bank,
— Incorrect input of bank card data,
For correct input, it is necessary to carefully and accurately enter the data as they are indicated on your card:
— Cardholder’s name (usually indicated on the front side of the bank card in uppercase English letters. For example, JON SMITT);
— Card number (usually indicated on the front side of the bank card and consists of 16 digits. For example: 0123 4567 8901 2345);
— Card expiration date (usually indicated on the front side of the bank card — month and year until which the card is valid. The card’s expiration date is entered in numbers. For example, 12 (entered in the month field) and 13 (entered in the year field), which means that the card is valid until December 2013);
5. Receiving Tickets
5.1. Paid tickets in electronic format (Electronic Tickets) are stored in the „My Tickets“ section on the Site or in the Mobile Application. When purchasing tickets, the Buyer must provide an email address and/or a mobile phone number where the Tickets will be sent. Depending on the conditions offered by the Event Organizer, the Electronic Ticket can be presented at the entrance to the Event either on the screen of a mobile device (smartphone, tablet, etc.), or printed out and presented as a paper ticket copy. In some cases, for admission control, it may be necessary to exchange Electronic Tickets for paper equivalents.
5.2. By providing an email address and/or a mobile phone number (item 5.1), the Buyer agrees to receive tickets and informational materials about the event for which the Buyer has purchased tickets — including information about changes in the schedule and other features of the event, restrictions, cancellations, rescheduling, as well as other informational and promotional materials about this and other Agent’s events. The Buyer expresses their intention to opt-out of receiving these materials by submitting a corresponding request (via email) to the following address: nikolai.bedniakov@seznam.cz.
5.3. Information about the actions of Buyers when passing entrance control to the Event corresponds to the procedure established by the Event Organizer. To gain access to the Event, Tickets can be forwarded via email and printed. If Mobile Electronic Tickets (MET) can be used for entrance control at the Event, the Buyer can purchase tickets in the Mobile Application and present them to the controller on the screen of a mobile device without printing them. Events where MET can be used are marked as „Mobile Electronic Ticket.“
6. Ticket Refunds
6.1. Only tickets sold using the Agent’s internet acquiring are eligible for refunds. Refunds are made to the payment method (bank card, account, e-wallet, etc.) used by the Buyer to pay for the Order.
6.2. Ticket refunds are processed based on a request from the Buyer. A refund request, asking for a refund of the ticket(s) cost, should be sent to the email address nikolai.bedniakov@seznam.cz.
In accordance with this agreement, the following refund procedure is established:
6.2.1. In the event of the cancellation of the event, the Buyer receives a 100% refund of the nominal ticket cost.
6.2.2. In case of the Buyer’s inability to attend the event due to illness or other documentarily confirmed legitimate reasons as stipulated by the legislation of the Event’s Country, the Buyer will receive a 100% refund of the nominal ticket cost.
6.2.3. If the Buyer decides not to attend the event for any other reasons, the following refund conditions apply:
– If the refund request is submitted no later than 10 days before the event: in accordance with the legislation of the Country where the event is held.
– If the refund request is submitted less than 10 days but no later than 5 days before the event: in accordance with the legislation of the Country where the event is held.
– If the refund request is submitted less than 5 days but no later than 3 days before the event: in accordance with the legislation of the Country where the event is held.
– If the refund request is submitted less than three days before the event: in accordance with the legislation of the Country where the event is held.
6.3. The Service Fee paid by the Buyer is non-refundable. Additionally, actual expenses incurred may be deducted from the refund. The Service Fee compensates for the costs associated with properly providing services to the Buyer, as listed in section 2 of this Agreement.
6.4. In case of event cancellation, replacement, or rescheduling, the refund of funds may be conducted by the Event Organizer and/or as agreed with them.
6.5. The timeline and procedure for ticket refunds during the period of imposed restrictions due to the coronavirus infection will be determined in accordance with the legislation of the Country where the event is held.
7. Rights and Obligations, Responsibilities of the Parties
7.1. The Agent undertakes:
7.1.1. Not to disclose any private information of the Buyer and not to provide access to this information to third parties, except in cases provided by the legislation of the Country of the Event.
7.1.2. To provide the Buyer with the opportunity to receive telephone consultations through the technical support contacts specified on the Website and in the Mobile Application.
7.1.3. The Agent is not responsible for the content and accuracy of the information provided by the Buyer when placing and paying for the Order.
7.1.4. The Agent is not responsible, cannot act as a defendant in court, and does not compensate for losses incurred by the Buyer due to the actions or inaction of third parties, including the Event Organizer. The Agent is not responsible for the rescheduling, replacement, or cancellation of the Event.
7.1.5. Under no circumstances, the Agent, its employees, directors, officials, or other related parties, sponsors, intermediaries, representatives, partners, including those acting on behalf of the Agent, are not responsible for any direct or indirect losses resulting from the sale of the Ticket or the receipt of the Buyer’s Services, including lost profits.
7.1.6. The Agent is not responsible in the event of the Buyer’s incorrect selection of the Event, ticket category, session time, and other ticket or Order characteristics.
7.2. The Buyer undertakes:
7.2.2. To familiarize themselves with the contents of the Agreement.
7.2.3. When placing and paying for an order, the Buyer is obligated to provide accurate information about themselves.
7.3. After the payment of the Order (acceptance of the offer), the Agent and the Buyer assume obligations and acquire rights as outlined in the Agreement.
7.4. The Parties are released from liability for full or partial non-performance of their obligations under the Agreement if such non-performance was a result of force majeure circumstances, i.e., extraordinary and unavoidable circumstances under these conditions. Force majeure circumstances include, in particular: natural disasters, military actions, strikes, actions and decisions of government authorities, failures occurring in telecommunications and energy networks.
8. Dispute Resolution
8.1. Disputes arising in the performance of the Agreement are resolved in accordance with the claim procedure. A claim is submitted in writing to the Agent with the attachment of documents substantiating the claims made, no later than 9 (nine) calendar days from the date of the dispute. The received claim is considered by the Agent within a period not exceeding 15 (fifteen) calendar days.
8.2. For all other matters not provided for in the Agreement, the Agent and the Buyer are guided by the legislation of the Country where the Event takes place.
9. Term, Amendment, and Termination of the Agreement
9.1 This Agreement enters into force from the date of its publication on the Website and in the Mobile Application. The Agreement is valid indefinitely.
9.2 The Agent has the right to make amendments and additions to the Agreement, with their obligatory publication on the Website and in the Mobile Application.
10. Details of Lampyris s.r.o.
Závěrka 2367/9A, Břevnov (Praha 6), 169 00 Praha, Сzech Republic
+429 733 642 795
Email: info@lampyrisevents.com
info@LampyrisEvents.com
IČO 28818648
DIČ CZ 28816846