Offer Agreement
1. General provisions
1.1. In Article 437 of the Civil Code of the Russian Federation (CC RF), this document is a public Offer, and if the conditions set out below are agreed upon by the person/organization making the Acceptance of the explicit Offer, a court decision will be obtained in accordance with the terms of this Agreement. In paragraph 3 of Article 438 of the Civil Code of the Russian Federation, payment is an Acceptance of this Offer, which is considered equivalent to the Agreement Agreement on the terms and conditions set forth in the Offer.
1.2. Based on the foregoing, carefully read the text of the Public Offer, and if you do not meet with any clause of the Offer, you will be able to detect the presence of this agreement.
1.3. In this proposal, unless the context otherwise requires, the following terms have possible meanings:
2. Subject of the Offer Agreement
2.1 The subject of this Offer is the activity of the Ticket Sales Agent for the Events, as well as the use of related services.
2.2 The fact of registration of the agreement between the Client and the Agent is the fact that the Client provides payment for the proper order. The date of execution of the contract (order of the Agent’s service) is the date of payment for the order by the Client.
2.3 This Offer regulates the conditions and procedure for the sale of Tickets and contractual obligations (rights and at a time) realizing them in connection with this between the Agent and the Client, only if full and unconditional acceptance is accepted. Partial acceptance and acceptance on other terms are not defined. The use by the Client of the Agent’s service on the conditions of development of transactions between them, proposed in this Offer, of a proper agreement with the performance of conclusive actions.
2.4 Agents undertake to purchase and deliver tickets for the Client on their own behalf, but at the expense of the Client, for a fee. In turn, the Client undertakes to reimburse the incurred expenses in full and receive remuneration. The cost of tickets indicated on the site includes the Agent’s remuneration and the cost of delivering tickets to the Client. The Agent skins the Ticket Client and takes responsibility for the reality of the tickets provided.
2.5 The agent has the right to change the cost of the services provided, both up and down from the initial cost indicated on the site. The changed cost does not apply to orders already placed by the Client.
2.6. The Agent has the right to replace tickets purchased by the Client with tickets of a better or similar category without prior notice to the Client.
2.7 The price for one ticket differs from the nominal value and depends on the popularity of the event and the availability of seats, includes ticket reservation services and the costs of the Company’s intermediary services. Ticket prices for the most popular events can often be much higher than the official ticket prices, depending on the difficulty of purchasing tickets (scarcity) and their purchase price, determined by the market prices of the country of the event or demand in the world market.
3. The procedure and conditions of Acceptance
3.1. The Client agrees that before he takes the acceptance actions established by this Offer, he has familiarized himself with the terms of this Offer and other mandatory rules specified in the Offer agreement. The Client confirms that the provisions of this Offer and other mandatory rules are fully understood by him.
3.2. In cases where the Client is represented by his representative, the Client confirms that all actions / inactions of such a person are performed by such a representative with the knowledge, consent and in the interests of the Client.
3.3. Acceptance is made by the Client by performing one of the following independent actions:
- а) execution of the Order by the Client when purchasing a Ticket on the Agent’s concierge website.
- b) payment for the Ticket by the Customer upon its purchase at the Sales Office.
- c) the actual use of the Ticket by the Client/Ticket Holder in order to receive the service of attending the Event.
3.4. The performance of any of the actions specified in the clauses of the Offer is recognized by the Parties as the full and unconditional acceptance by the Client/Ticket Holder of all the conditions of this Offer without any exceptions and restrictions and is tantamount to concluding an agreement in a simple written form (paragraph 3 of Article 434 of the Civil Code of the Russian Federation).
3.5. When ordering a Ticket through the Concierge Site, the Client’s failure to comply with the terms of payment for the Nominal Value of the Ticket and the Service Fee shall result in termination of acceptance of the terms of the Agreements and cancellation of the Order made by the Client.
3.6. The Agent has the right to refuse the Client to conclude the Agreement and place an order if the Client does not agree with any condition of the Agreement, as well as if the Client violates the requirements of the legislation of the Russian Federation on age restrictions.
3.7. The Client can receive an Order placed on the Concierge Site and paid for by bank transfer at the address indicated by the Agent at the sales office, including by e-mail. The issuance of the Orders paid by non-cash is carried out after the transfer of the entire amount of money due to the Agent, but no later than one hour before the start of the event.
3.8. When issuing a Ticket through the Agent’s concierge site, the Client is informed (or sent to the contact phone number/e-mail address) of the identification number of the Order.
4. Order Fulfillment
4.1. The term of execution of the Order depends on the availability of tickets and the time required to process the Order. The deadline for the execution of the Order in exceptional cases may be agreed with the Client individually, depending on the specifics of the order, but not later than one hour before the start of the event for which the Client ordered tickets.
4.2. Depending on customer demand and the complexity of order fulfillment, the deadline for order fulfillment can be changed by the Agent unilaterally with notification of the Client.
4.3. If it is impossible to provide the Client with the tickets specified in the Order, the Agent may provide the Client with tickets with a similar price, or a price higher than specified in the Order. In this case, the possible additional costs associated with the execution of the order, the Agent assumes. If the price is less than the paid one, the Agent is obliged to reimburse the Client for the difference in the cost of paid and provided tickets.
4.4. The Agent is obliged to notify the Client about the replacement of the ticket at the time of execution of the order. The Parties accept that an incoming ticket with information about the sector, row and place specified in it can be considered as a Notice of Replacement.
4.5. The order is considered completed from the moment the tickets are received by the Client.
4.6. The Agent starts fulfilling the Client’s order after its full payment.
5. Responsibility of the Parties
5.1 The Agent shall not be liable for any losses and moral damages incurred by the Client as a result of an erroneous understanding or misunderstanding of information about the procedure for placing (paying for) an Order, obtaining a Ticket, attending an event, as well as receiving and using services under the Agreements.
5.2 The Agent’s liability in relations with the Client is limited to liability under the Service Agreement and exists within the limits established by enshrined in this Offer.
5.3 The Parties are released from liability for non-fulfillment and (or) improper fulfillment of their obligations under this Offer, and exactly the Agreements, in the event of force majeure circumstances.
5.4 The Agent is not responsible for the cancellation, replacement or postponement of the leisure event, as well as the impossibility of access to it in case of violation by the client of the terms of the Agreement and any cases of non-performance or improper performance by the organizer of the leisure event of the relevant services, the right to receive which is certified by a ticket purchased by the Client under the Agreement .
5.5 The Agent is not responsible for the non-compliance of the services provided (rendered) by the organizer of the leisure event with the Client’s expectations and (or) his subjective assessment. Any advice, opinions and recommendations provided to the Client, including by third parties, are not guarantees and obligations of the Agent under the Agreement.
5.6 The Client is notified and agrees that the Agent, not being the organizer of the leisure event, is not responsible for the quality and other consumer properties of the event.
5.7 The Agent is not responsible for the quality, content, any errors and inconsistencies in the information about the leisure event provided by its organizer.
5.8 Provide the Client with complete and sufficient information, in accordance with the requirements of the law, about the Event (Events), about the Organizer and services under the service agreement, as well as instructions for issuing, paying, receiving the Ticket. The Parties have agreed that the information posted on the Agent’s website is complete and sufficient.
5.9 The Client is obliged to independently monitor changes in the rules and conditions for purchasing Tickets on the Agent’s concierge website and independently monitor information on data changes on the event organizer’s website.
6. Order payment
6.1. Information about payment methods is available on the Agent’s Concierge Website.
6.2. The Client has the right to make payment by any of the methods allowed by the Agent and specified in this Offer.
6.3 The Client has the right to make payment in the following ways:
- Cashless payment on the Site using a bank plastic card of an individual Visa (“Visa”), MasterCard (“MasterCard”), MIR, Maestro (“Maestro”), VisaElectron (“VizaElectron”);
- By transferring funds to the Agent’s settlement account;
- Cash payment at the sales office or to the courier.
6.4. The Agreement becomes binding in full without any reservations and exceptions from the moment the Client pays for the Order on the Website or in cash to the courier.
7. Conditions for cancellation and withdrawal of purchased services.
7.1 The client has the right to refuse the paid order, provided that there are more than 10 days before the event and electronic tickets have not yet been sent to his e-mail. The amount of the order is returned to the client, with the exception of 10% of the amount paid by him as an expense for the provision of services.
7.2. Tickets will only be refunded if the event is cancelled. Refund of tickets in case of replacement of the event is carried out in accordance with the rules established by the organizer of the event (term and address of return of tickets). In case of changing the venue of the event within the same city, tickets will not be refunded.
Attention! Exchange and return of tickets at the request of the client is not available.
7.3. When returning the Ticket due to cancellation, replacement or introduction of restrictions on attending the Event, the amount of the order is returned to the Client, with the exception of 10% of the amount paid by him on account of the costs for the provision of services.
7.4. Lost, damaged (before/during/after the date of the Event) or unused Tickets are non-refundable.
7.5. Cash for an unused Gift Certificate (that is, a Gift Certificate not exchanged for a Ticket before the expiration date indicated on the Gift Certificate) is non-refundable.
7.6. The Client accepts and agrees that the official information indicating the cancellation, replacement or postponement of the Event is the information provided by the Organizer / Principal to the Agent and sent to the Client’s e-mail / phone contact details (if they were provided by the Client when purchasing the Ticket) or posted on site.
7.7 In case of payment for the order by the Client, prior to its receipt, the Agent has the right to refuse to execute the contract, upon the occurrence of reasons and grounds beyond the control of the Agent. At the same time, the Agent is obliged to notify the Client no later than 24 hours before the start of the event, returning all funds paid for the unfulfilled order.
7.8. The refund of funds paid online is carried out to the person who directly paid for the order, that is, to the current account from which the payment was made.
7.9. The Agent is not responsible for the timing of the transfer and crediting of funds established in the bank serving the Client.
8. Dispute Resolution
8.1 All disputes or disagreements arising in connection with the performance and (or) non-performance, and (or) improper performance of the provisions of this Offer, as well as the Agreements, are resolved with the obligatory observance of the claim procedure. The party that considers its rights to be violated sends a claim to the other party in a simple written form with the attachment of duly certified documents substantiating the stated requirements.
8.2 The term for consideration of a claim is 10 (Ten) business days from the date of its receipt, with the exception of claims submitted in accordance with the Law of the Russian Federation “On Protection of Consumer Rights”.
8.3 In case of violation of the period specified in clause 7.1 of the Agreement, such a claim is not subject to consideration.
8.4 If it is impossible to resolve the dispute or disagreement in the manner prescribed by clause 8.1., such a dispute (disagreement) is subject to consideration by the competent court at the location of the Agent.
8.5 All disputes and disagreements between the parties are resolved in the course of friendly negotiations. If the parties do not reach a compromise, the differences must be settled in the appropriate court of the Russian Federation, in the manner prescribed by law. The applicable law is the law of the Russian Federation. The place of the transaction is considered to be Moscow.
9. Amendment and addition of these Agreements Offers
9.1 All changes and (or) additions made to this Offer are subject to posting on the Agent’s Website and come into force from the moment such changes and (or) additions are posted on the Agent’s website.
9.2 The Agent has the right to make changes (additions) to this Offer at any time, but in any case, such changes are published and made available to the public through publication on the Agent’s Website and are valid indefinitely.
9.3 Changing the provisions of this Offer in accordance with clause 9.1 entails changing the relevant provisions of the Agreements. Continued use of the Agent’s services, as well as the absence of any objections from the Client within 1 (one) day from the date of entry into force of changes (additions) to the Offer means full acceptance by the Client of the Offer agreement, taking into account the changes made.
10. Force majeure.
10.1 The Parties are released from liability for full or partial failure to fulfill obligations under the Agreement, if the specified failure was the result of force majeure circumstances (force majeure circumstances).
10.2 By force majeure, the Parties mean: fire, flood, earthquake and other natural disasters, wars, hostilities, riots, pandemics, decisions of government agencies or other circumstances of a social or man-made nature. In the event of force majeure circumstances, the Parties shall make mutual settlements for obligations fulfilled at the time of the force majeure circumstances.
10.3 The Party affected by force majeure is obliged to notify the other Party of this, describing the nature of the force majeure, but no later than 7 (seven) calendar days after the occurrence of such circumstances.
11. Conditions for the processing of personal data
11.1 The processing of personal data is carried out in accordance with the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” and includes the collection, systematization, accumulation, storage, clarification (updating, changing), sorting, use, depersonalization , blocking, destruction. The Agent processes personal data using automation tools.
11.2 In accordance with the provisions of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, the Client acknowledges and agrees that the Client’s performance of actions is the full and informed consent of the Client to provide the Agent with his personal data, and exactly personal data of third parties reported by the Client to the Agent in the process of placing an Order, purchasing a ticket (Electronic ticket), namely: last name, first name, patronymic, gender, contact phone number, city, and contact e-mail address.
12. Final position
12.1 In everything that is not regulated by the provisions of this Offer, the provisions of the current civil legislation apply, including, but not limited to, consumer protection legislation.
12.2 The Agent posts information about the Events on the Agent’s Website, in the Sales Office, and also puts the relevant information on the Tickets solely on the basis of the information provided to the Agent by the Organizer/Principal. If the information provided by the Organizer/Principal is not reliable, the Agent shall not be liable to the Client/Ticket Owner.