Edition of 01.01.2018
EGREEMENTFor the realization of tickets for cultural and entertainment events (Limited Liability Company "Kvitkova Agentsiya", Limited Liability Company "PRYVIT BILET", Limited Liability Company "CONCERT UA", Individual Entrepreneur Lysenko Yevhen Vladimirovich, Individual Entrepreneur Radchenko Vitaliy Sergeevich, Individual Entrepreneur Oksana S. Feliksova)
Article 1. DEFINITIONS1. In this public Quotation for the realization of tickets for cultural and entertainment events (hereinafter - the " Quotation ") the following terms and definitions are used in the same singular and plural, in the following meanings:
1.1 "Offer" – the Public offer for selling Tickets for cultural and entertainment events (the public offer of the Limited Liability Company "Kvitkova Agentsiya", Limited Liability Company "PRYVIT BILET", Limited Liability Company "CONCERT UA", Individual Entrepreneur Lysenko Yevhen Vladimirovich, Individual Entrepreneur Radchenko Vitaliy Sergeevich, Individual Entrepreneur Oksana S. Feliksova), published on the Internet: www.v-ticket.com.ua, www.concert.ua and/or available at the Buyer's request at Tickets Sales Points;
1.2. "Principal" is a legal entity that entrust the Agent on behalf of the Principal and / or the Organizer to provide distribution services for their money (through Agent’s subagents) and booking, registration and implementation (directly by Buyer) of Tickets for the event, unless other isn’t established by terms of this Quotation;
1.3. "Agent" – Limited Liability Company "Kvitkova Agentsiya", Limited Liability Company "PRYVIT BILET", Limited Liability Company "CONCERT UA", Individual Entrepreneur Lysenko Yevhen Vladimirovich, Individual Entrepreneur Radchenko Vitaliy Sergeevich, Individual Entrepreneur Oksana S. Feliksova) authorized under Agreements made with the Principal to provide services of distribution, booking, registration and selling Tickets for various Events;
1.4. " Purchaser "is an individual or legal entity (s), to whom reservation, registration and realization of tickets for events services are provided by Agent accordingly to the conditions set out in this Quotation.
1.5. "Event" is a cultural and entertainment event, including theatrical performance, circus performance, concert in hall, club or in the open air, exhibitions, screen, festival, show, fashion show, sporting event, excursion, as well as any other event, a visit of which is only possible on presentation of a special document - the Ticket;
1.6. "Ticket" is a document that certifies the Buyer's right to attend the events and contains all the necessary information about the event, dedicated to the Purchaser at the Event place (sector, line etc., as well as confirming the right to enter the event) and the cost of services;
1.7. "The nominal ticket price" is the price of the Ticket, established by the Principal for all buyers;
1.8. "System" is the information system intended for the design and implementation of the Ticket.
1.9. "Point of Sales" is ticket sales office, as well as ticket sales office, including those owned by the Agent, as well as Ticket sales offices belonging to subagents and Agent’s partners;
1.10. "Service charge" is the amount of money paid by the Purchaser to the Agent during purchasing tickets, to cover (compensate) the Agent's expenses appearing from the providing services for organizing the sale of tickets, including, but not limited to, technical providing of Ticket’s sales, supporting Agent’s infrastructure, information security, financial transactions, providing Purchaser with information, order processing. The amount of service fee for each ticket is determined by the Agent in agreement with the principal or an agent by himself as a percentage of the Nominal value of the Ticket or a fixed sum;
1.11. "Additional services" are services that are not included in the service charge but with which the Agent may additionally provide the Purchaser for an additional fee, the amount of which is determined by the agent independently;
1.12. "Order" is one or several tickets for one event that are selected by the Purchaser (Buyer) in System and unify in the system with unique identification number;
1.13. "Cancellation" is the removal of the Ticket Order with automatic transfer them to sale in the System. If the order is not paid, it will be canceled automatically.
1.14. "Certificate" is a document that can be exchanged for a ticket.
1.15. "Delivery" is an Agent’s complex service for moving, transportation and delivery of tickets to the recipient, accompanied by informing the Purchaser and the responsibility for the safety sending.
Article 2. GENERAL REGULATIONS2.1.This Quotation regulates the conditions and procedures for the sale of Tickets and obligations that Agent and Purchaser obtains because of this.
2.2. Ticket Purchasing is made purely on the terms of this Quotation and only in case of its full and implicit acceptance. Partial acceptance, as well as acceptance on other conditions is not allowed. Using by Customer Agent’s services on offered in this Quotation conditions indicatives an agreement between them.
2.3. In order to purchase a ticket from the Agent, legal entities should pay for them by agreement with the Agent by any means that are not prohibited by the legislation of Ukraine. In this case, the rules of this Quotation, unless other isn’t established directly in the corresponding agreement between the Agent and the legal entity.
2.4. Agent may any time make changes to this Quotation, but in any case such changes should be published and presented to the public by e-mail to the Internet www.v-ticket.com.ua; www.concert.ua; www.teatr.ua; www.sportbilet.com.ua and (or) at the points of sale. Using by Customer Agent’s services after making changes in the text of this Quotation means the acceptance of the Quotation as amended.
2.5. Terms of this Quotation are valid for buyers paying through websites www.v-ticket.com.ua; www.concert.ua; www.teatr.ua; www.sportbilet.com.ua, and in points of sale, and do not depend on the form of payment.
Article 3. SUBJECT OF THE QUOTATION
3.1. The subject of this Quotation is provision of services to the Purchaser for the registration, implementation and delivery (the latter is for an additional fee charged except of service charges) of Tickets for the event, in order and on the terms provided by this Quotation (hereinafter - Services).
3.2. Agent is responsible for the quality of services provided to the Purchaser.
3.3. Agent should not be liable for the actions of the Principal and (or) other persons acting on his behalf and on its behalf or on their own, but on behalf of the Principal, including tickets realization by such persons, as well as for the organization, the fact of holding and content of events.
3.4. In accordance with the provisions of the Law of Ukraine "About Protection of personal data» № 2297-VI of 01.06.2010, the Purchaser acknowledges and agrees with the provision to the Agent of his personal data, as well as the personal data of third parties referred to the Purchaser, which are obtained by the Agent in the process of registration ticket ( Order), namely: name, gender, contact number, city, shipping address (in the case of ticket delivery) and e-mail address. Processing of Purchaser’s personal data is made in accordance with the legislation of Ukraine. The Purchaser gives the Agent the right to process their personal data in connection with the provision of the Services to the Purchaser determined by this Quotation, including in the view of obtaining advertising messages about events by Purchaser, tickets on which are sold by the Agent. Due to the fact that the processing of the Purchaser's personal data is implemented because of execution of an agreement , signed on the terms of the Quotation, the Purchaser's consent to the processing of personal data is not required. Term of use provided personal data is termless.
Article 4. The ACCEPTANCE OF A QUOTATION4.1. The acceptance by the Purchaser of the provisions of this Quotation should be implemented by committing an action specified in the corresponding sub-paragraph of paragraph 4.3. of the Quotation (Quotation acceptance). The acceptance of this Quotation by the Purchaser is made voluntarily and in corpore.
4.2. Before accepting the Quotation, the buyer should be sure that all the conditions of this Quotation are clear for him and he accepts them unconditionally and in corpore.
4.3. Acceptance of the Quotation by the Purchaser is performed in the case of purchasing tickets via the Internet, by phone or at sale points by performing the following steps: selection of event, Ticket category, register of order, full payment of order. 4.4. Implementing all the acts pointed in paragraph 4.3.of this Quotation means full and unconditional acceptance by the Purchaser of all the conditions of the Quotation without any exceptions, and (or) restrictions and equivalent to the signing of a written contract (paragraph 2 of Art. 642 of the Civil Code of Ukraine).
Article 5. PROCEDURE FOR MAKING PAYMENTS5.1. The Purchaser has the right to make payment for the Tickets by any of the ways proposed by the Agent, the information about which is on Agent’s websites www.v-ticket.com.ua; www.concert.ua; www.teatr.ua; www.sportbilet.com.ua.
5.2. Payment is recognized to be committed by the Purchaser at the time of receiving money by the Agent’s account or cash desk, or Agent’s official representatives cash desk (including sub-agents).
5.3. In the case of payment by credit card Purchaser must use a bank card issued for the name of the Purchaser. At the same time, the agent can demand from the Purchaser the original documents proving the identity of the Purchaser. The payment is not accept, and the order is canceled in case of Purchaser’s braking the terms of payment established by the legislation of Ukraine.
5.4. In case of maintenance of all conditions of the Quotation and after the payment order is considered to be sold and the Purchaser acquires the right to attend the event at the specified conditions in the Ticket.
Article 6. DELIVERY OF TICKETS6.1. Transferring of Tickets to Purchaser is made in the following ways according to the choice of the Purchaser: - E-mail is sent to the Purchaser by Agent, the form of an electronic ticket with a unique bar code is attached and need to be printed. This form of the ticket gives right to the Purchaser to visit selected Event and need to be presented at the entrance. - Delivery of tickets by courier can be implemented for an additional payment of such services.
Article 7. ORDER CANCELLETION7.1. Cancellation of Purchaser’s order takes place in the following cases: - Purchaser 's rejection of an order; - The absence of payment within 15 minutes after placing the order with the help of Internet acquiring services; - The absence of payment within 24 hours after placing the order, when the payment must be made through the terminal; - In case of ordering delivery courier was unable to transfer the ticket to the Purchaser because of their absence at the mentioned address.
Article 8. REFUND8.1. In case of cancellation, rescheduling or change of the Event, the refund for the purchased Ticket to the Buyer is made by the Principal.
8.1.1. The Service Fee and Additional Services cost shall not be refunded by the Principal, as well as the cost of the Ticket Delivery, if such Delivery was additionally ordered by the Buyer. The Agent shall not be liable for the timely and complete return of the funds by the Principal to the Buyer.
8.2. If the Principal has authorized the Agent to refund to the Clients who purchased a Ticket for a cancelled, rescheduled or changed Event, and provided the Agent with the required amount of funds, in this case, the Buyer may apply to the Agent with the request (through the following link: https://concert.ua/uk/vozvrat) that should contain: - details of the applying person (full name) and his/her individual tax number, the Event name, number of Tickets and their bar code, the Nominal Value of the Tickets, number of the personal Bank Card (the funds transfer will be made on the specified card), date and signature; - copy of the identification document. The Agent shall accept this application only if the Buyer complies with the requirements for such application. Only the buyer whose data is indicated in the order can apply for the refund.
8.2.1. No payment is charged by the Agent for processing and the procedure of returning to the Buyer the funds paid for the ticket, at the same time the return of the Service fee and the cost of the Additional Services is not made by the Agent, as well as the cost of the Tickets Delivery is not to be refunded if the delivery service was additionally ordered by the Buyer.
8.3. If the Buyer wants (taking into account the provisions of clauses 8.3.1., 8.3.2., 8.3.3 hereof) to return the Ticket purchased by him/her (for reasons not related to cancellation, rescheduling or change of the Event), and receive the money paid for it, the Buyer shall apply to the Agent (through the following link: https://concert.ua/uk/vozvrat) with the request to make such refund no later than two (2) business days prior to the beginning of the Event for which the Buyer has purchased the Ticket. If the Agent receives such application within less than two (2) business days prior to the beginning of the Event and/or such application does not meet the conditions set forth in clause 8.3.1. hereof, such application will not be considered.
8.3.1. The Buyer's application shall contain: - details of the applying person (full name) and his/her individual tax number, the Event name, number of Tickets and their bar code, the Nominal Value of the Tickets, number of the personal Bank Card (the funds transfer will be made on the specified card), date and signature; - reasons for which the Buyer wants a refund; - copy of the identification document. The Agent shall transfer this application to the Principal and shall not be liable for any made decision.
8.3.2. If the Principal decides to make refund to the Buyer for the purchased Ticket, such refund shall be made by the Agent within ten (10) business days from the moment the Principal has informed the Agent of such decision.
8.3.3. For the processing and implementation of the procedure for refund to the Buyer for the purchased Ticket, the Agent shall charge a fee of 10% (ten percent) of the Nominal Value of the Ticket from the Buyer. The Agent shall refund the Nominal Value of the Ticket to the Buyer except for the above fee. The Service Fee and Additional Services cost shall not be refunded by the Agent, as well as the cost of the Ticket Delivery, if such Delivery was additionally ordered by the Buyer.
8.4. Provisions of this clause do not affect the rights of the Buyer to apply to the Principal for explanations.
8.5. The Buyer confirms and agrees that the procedure and reasons for the refund has been in full made known to the Buyer who has read and understood them.
Article 9. SERVICE "BACK GUARANTEE"9.1. While ordering on the website Concert.ua (independently or via Agent’s customer service operator ) Agent offers the buyer to use the "back guarantee." The default service is automatically added to the order.
9.2. Payment of service " back guarantee" ensures Returns by the Agent of Nominative price of Tickets in the order to Purchaser on the initiative of the latter.
9.3. The Purchaser has the right to refuse service "back guarantee." To do this, you must remove the service from the Order while selecting method of ticket delivery. If the service was not removed by the Purchaser when ordering, then its value is included to the total price of the order and must be paid by the Purchaser.
9.4. Cost of service "back guarantee" is determined by the Agent independently.
9.5. The buyer, who paid for the service " back guarantee" and wants to use it, should in term not less than 24 hours before the start of the Event, to which tickets should be returned, contact the Agent’s Customer Support Service on the following contacts: [email protected] or 044 222 00 22 with following request. If the Buyer addressed to the Agent with such appeal later than specified in the System of order, he loses the right to use the "back guarantee."
9.6 In case of any problems / inconveniences with the visit and / or stay at the Event, the Buyer shall, within 12 (Twelve) hours from the time of the Event starts, contact the Agent at the indicated on the Agent's website contacts (on the Internet: www.v- ticket.com.ua, www.concert.ua) with indication and description of the problems / inconveniences that have arisen.
9.7. When the agent refund buyers who paid for the service "back guarantee" returns the sum of nominal value of all bought in the Order Tickets. Returning of Service charges, the cost of additional services and the cost of service "back guarantee" the Agent does not make, as well as Ticket delivery is non-refundable, if the delivery of the service has been ordered by the Buyer additionally.
9.8. «Back Guarantee" does not apply to activities that were canceled/ Transferred by the Principal and / or by the Organizer. In this case the refund of the purchased tickets is implemented by the Principal, in accordance with article 8 of this Quotation.
Article 10. RIGHT AND OBLIGATIONS OF THE PARTIES10.1. The Purchaser has the right for:
10.1.1. Inquiring about the cost of the tickets to the event and the amount of service charges, the cost of additional services in the other official ticket operators and making the decision about purchase a ticket from the Agent independently. 10.1.2.Receiving information about the rules of Ticket, available Ticket categories and other information regarding the event, which owns the agent according its authority, using the Internet, call the Agent and other ways that are presented on the websites www.v-ticket.com.ua; www.concert.ua; www.teatr.ua; www.sportbilet.com.ua.
10.1.3. Choosing the method of payment for the Ticket on the Agent’s sites www.v-ticket.com.ua; www.concert.ua ; www.teatr.ua; www.sportbilet.com.ua. In this case the Purchaser is obliged to learn by themselves the rules of one or another way of payment.
10.1.4. Direct feedback on Agent’s Contact about Agent’s work.
10.2. The Purchaser must:
10.2.1. Get acquainted with all the rules of the Quotation and agree with them while buying tickets, as well as any additional rules governing the relations between the Parties under this Quotation.
10.2.2. When ordering, provide the necessary true, accurate and complete information about the Purchaser. Purchaser is responsible for minor children, on whose behalf he gets tickets.
10.2.3. Purchaser acknowledges that he is fully responsible for the data reported to the Agent (its staff). Purchaser acknowledges that he has no claims against the Agent and his staff for ill-designed order by him, since he is not sure it is correct. The Agent is not responsible for the inability to provide services and ticket sales on terms different from those set forth in this Quotation.
10.2.4. Pay the full cost of services of the Agent.
10.2.5. Do not post, publish, transmit and distribute messages that may be of criminal nature or cause any harm to the Agent, the Principal, the Organizer, to other buyers.
10.2.6. In case of any problems with a visit and / or stay at the Event, the Purchaser must, within twelve (12) hours from the start of Event to appeal to Agent by listed on the site means of communication (Internet: www.v-ticket. com.ua; www.concert.ua; www.teatr.ua; www.sportbilet.com.ua) with indication and description of the problems that appeared.
10.3. The Agent has the right to:
10.3.1. Require the Purchaser to comply with all the procedures of registration and payment of the Order by the rules set out in this Quotation.
10.3.2. If the Purchaser’s failure to accept this quotation on conditions set forth therein, the Purchaser is refuse to sell him a ticket and services.
10.3.3. Agent is not liable for non-functional communication channels through which Purchaser makes a connection to the Agent (its official representative).
10.3.4. Modification of any software sites www.v-ticket.com.ua Agent; www.concert.ua; , To suspend the operation of software for the operation of the site, detection of significant faults, errors, and failures, as well as for the purpose of preventive maintenance and the prevention of unauthorized access to the site.
10.3.5. Establish and change tariffs for its services unilaterally and at any time.
10.3.6. Include in the price of the order and charge from Purchaser the cost of the service charge and the cost of additional services. Shipping cost and "Back Guarantee" Purchaser pays separately.
10.3.7. Require full payment by Purchaser for ticket and Services before selling and issue tickets to the hands.
10.3.8. Denying by Purchaser any of the paragraphs of the quotation deny him further in providing the Services.
10.3.9. Adding to the cost of the ticket for additional services that include, but are not limited to: - For personal order processing by operator while ordering tickets via the contact center Concert.ua (phone, online chat, e-mail); - For the formation of messages with attached electronic ticket and send it by e-mail to the Purchaser; - For booking a ticket with a guaranteed availability for buying via Concert.ua box office for a certain time when you make the order; - For ticket printing for the formation of the order with delivery by courier; - for ticket printing in cash desk of Concert.ua; - For placing an order with payment through payment terminals; - For the reception and collection of cash when ordering with payment for courier while getting the ticket; - For the design, processing and documentary support ticket reservation with payment on the invoice; - For the registration and personal processing by contact center of collective ticket reservation (the number of tickets in one order exceeds the maximum for the event); - And other services. The cost of additional services is determined by the Agent independently.
10.4. The Agent must:
10.4.1. Give the Purchaser the necessary information on specific activities.
10.4.2. Provide the Purchaser with instructions for registration / payment / getting the Ticket. Exhaustive information is considered to be the information that publishes by the Agent on its Websites www.v-ticket.com.ua; www.concert.ua; www.teatr.ua; www.sportbilet.com.ua and provides in the points of sale.
10.4.3. Do not use the personal data of the Purchaser to send materials that are not related to the services that are provided by the Agent.
10.4.4. Do not transmit personal data to third parties or use it for other purposes.
Article 11. RESPONSIBILITY11.1. The agent is not responsible for the transfer, replacement or cancellation of the event. The agent is not liable person, as well as a party to the contract concluded between the Principal and the Purchaser in connection with the purchasing of the ticket by latter.
11.2. In the case of non-implementation or improper implementation of its obligations written in this Quotation Parties are liable in accordance with the laws of Ukraine and conditions of this Quotation. Responsibility of the Agent in the delivery of services to customer is limited to the organization and function of the interaction between the Principal and the Buyer for the purpose of sailing the ticket, i.e. Services are provided directly by the Agent.
11.3. Agent is not liable for non-compliance of service provided by the Principal Purchaser’s expectations and / or subjective assessment. Advices and recommendations provided to the buyer can not be regarded as a guarantee.
11.4. The buyer assumes all possible commercial risks associated with his actions for the errors and omissions in the provision of its data.
11.5. Agent is not liable for any losses and moral damage suffered by the Buyer as a result of misunderstanding or lack of understanding them with information about the order of registration / payment orders and getting and using the Services.
11.6. If a buyer claims on any problems associated with a visit and / or stay at the Event out of time specified in article 10.2.6. of this Quotation, this requirement can not be satisfied.
11.7. The parties are relieved from responsibility for partial or complete failure to perform its obligations according the Quotation if such failure was caused by force majeure, I.e. extraordinary and unavoidable given conditions. For reasons of force majeure, in particular, include: natural disasters, acts of war, strikes, actions and decisions of public authorities, disruptions appearing in telecommunications and energy networks.
Article 12. LIMITATION OF LIABILITY12.1. In case of no circumstances the Agent, its stuff, directors, shareholders, authorities, or other related parties, sponsors, agents, representatives, partners or any other persons, including acting on behalf of the Agent are not liable for any direct or consequential loss, resulting from the sale of tickets or services, as well as a result of unauthorized access to personal data of the Buyer, including lost profits.
12.2. All claims connected with the agreement signed on terms of this Quotation must be declared in written way within ten days from the date of their occurrence. After this period claims will not be considered by the Agent.
Article 13. SETTLEMENTS OF DISPUTES13.1.Disputes that appear during implementation of the agreement on the terms of this Quotation must be settled accordingly to the claim procedure. Claim must be submitted in written way to the Agent with documents justifying its demands within ten (10) calendar days from the date of occurrence of the reasons for the dispute. The received claim must be considered by the Agent within ten (10) calendar days.
13.2 In case of impossibility of reaching an agreement all disputes are referred to the court at the location of the Agent.
13.3. For all other matters that are not mentioned in the Quotation Parties must govern by the laws of Ukraine.
У This Quotation enters into force from the date of its posting on the Agent’s website and is valid unlimitedly. The provisions of this article apply to the additional agreements (changes) to this Quotation.
If you have questions or comments, please contact us by phone:
044 222 00 22
095 655 99 33
063 655 99 33
096 655 99 33
Or write request to [email protected] Schedule: 09:00 to 21:00 (Mon - Fri) / from 10:00 to 19:00 (Sat - Sun)