SECTION 1 – INTRODUCTION AND BASIC TERMS
1.1. Who shall comply with these Terms and Conditions?
1.1.1. Trisbee s.r.o., with its registered office in Prague 6, Vokovice, K Červeném vrchu 678/1, postal code 160 00, Commercial Registration No.: 04775660, registered in the Commercial Register of the Municipal Court in Prague under file number C 306886 (hereinafter referred to as “Trisbee”), as ticket and voucher agent.
1.1.2. Any entity that enters into an agreement with Trisbee on the mediation of tickets and vouchers sale to third parties, for events organized by such entity (hereinafter referred to as the “Organizer”). Each Organizer shall be properly identified in the event description, including the contacts thereto.
1.1.3. Any person who intends to use the option of purchasing tickets or vouchers for an event organized by the Organizer through Trisbee, who may register for that purpose, to whom an account may be opened and who expresses their consent to these Terms and Conditions (hereinafter referred to as the “Buyer”).
1.2. What do these Terms and Conditions provide for?
1.2.1. These Terms and Conditions govern the rights and obligations of Trisbee, of the Organizer and of the Buyer arising in connection with mediation of ticket or voucher sales by Trisbee to the Buyer, for cultural, sporting or other events organized by the Organizer (hereinafter referred to as “Event(s)”).
1.2.2. Trisbee offers tickets and vouchers for the Organizers' Events on its website goforboom.com and arranges for their production, sale and delivery to the Buyers, thus on behalf of the Organizer (Trisbee acts as the sales agent) and for the account thereof, under a mandate granted in accordance with the contract concluded between Trisbee and the Organizer.
1.2.3. By purchasing a ticket or a voucher, the Buyer acknowledges that the Organizer is the person organizing the Event, not Trisbee. The Organizer shall be responsible for holding of the Event and/or for any changes thereof, including any changes to the conditions of the voucher use, as well as for notifying the Buyer of any failure to hold the Event or of any changes thereto. The Organizer reserves the right to make changes regarding the Event, its program, date, venue or conditions. The Buyer acknowledges this right of the Organizer too. Trisbee shall be in no way responsible for timeliness of information about the Event organized by the Organizer on the Organizer’s website in events where the Organizer does not notify Trisbee of the failure to hold the Event or of changes thereto.
1.2.4. Trisbee does not provide payment services to the Provider when mediating the sale of tickets and vouchers.
1.2.5. The Buyers' payments for purchased tickets and vouchers to the Organizer's Event shall be credited to the Trisbee’s bank account. The settlement of the received transactions between Trisbee and the Organizer shall be subsequently carried out in accordance with the agreement of the Parties (Ticket Agency Agreement) and with these Terms and Conditions.
1.2.6. These Terms and Conditions form an integral part of the contract concluded between the Organizer and the Buyer as the person purchasing tickets and vouchers to an Event through Trisbee. These Terms and Conditions also form an integral part of the Ticket and Vouchers Agency Agreement concluded between the Organizer and Trisbee.
1.3.1. “Ticket” means an electronic or printed form of a document issued by Trisbee for a Organizer’s Event, which entitles its holder to a (usually one-time) entry to a specific Event held at a specified time and place.
1.3.2. “Voucher” means an electronic or printed form of a document issued by Trisbee for a Organizer's Event that entitles its holder to use selected services offered by the Organizer within a limited period of time, in the quantity or scope selected when purchasing the Voucher and at a venue specified by the Organizer. The specific conditions of a Voucher use are always part of the description of the Event and are indicated in the purchased Voucher.
1.3.3. “User Account” means a user account created by Trisbee based on the Buyer’s registration, to which only the registered Buyer has access based on the username and password selected thereby (or by logging in via a Google account, Facebook account, etc.) and in which the information relating to the purchases of Tickets and Vouchers made thereby is available. The available functions of the User Account may change over time and at the same time may vary depending on the location of the Buyer.
1.3.4. “Organizer Account” means a higher level of authorization based on the user's registration as a Organizer within the User Account, allowing access to the section reserved for Organizers. After registration, the right of access to the so-called Dashboard is enabled to the Organizer, where, in particular, information related to the purchase of Tickets and Vouchers by Buyers for the Organizer’s Events is available. At the same time, the Organizer Account serves as a tool for creating of Events and setup of the sale of Tickets/Vouchers for these Events by Organizers themselves. These functions are subject to an approval and advanced identification of the Organizer. The scope and availability of functions associated with the Organizer Account may change over time and, at the same time, may vary depending on the type of the Event organized by the Organizer.
1.3.5. “Terms and Conditions” mean these terms and conditions which govern mutual rights and obligations of Trisbee, the Buyer and the Organizer and which are published in their latest revision on goforboom.com.
SECTION 2 - RIGHTS AND OBLIGATIONS OF THE BUYER
2.1. How to buy a Ticket and a Voucher?
2.1.1. The Buyer selects the Event which they want to purchase Ticket(s) or Voucher(s) for on the relevant website (goforboom.com, the promoter’s website or elsewhere); the selection shall refer them to the section describing in detail the Event and indicating specific conditions of the Event (date, venue, etc.) including conditions relating to the purchased Ticket(s) and/or Voucher(s). If the Buyer chooses the option “Buy Tickets”, they enter the section indicating the overview of the offered types of Tickets/Vouchers, including their price. In this section, the Buyer shall fill in their identification data, type and number of Tickets and Vouchers to be bought (number of tickets or vouchers per one Buyer may be limited by the Organizer) and/or other data that may be necessary to enable the Buyer’s participation in the Event (e.g. age, name and surname of every participant where the Tickets/vouchers are issued to specific names), and using the “Finish Order” button shall confirm their interest in buying of the ticket(s)/voucher(s) in question.
2.1.2. By confirming the “Finish Order” button, the Buyer confirms that they have read all published conditions of the Event and these Terms and Conditions, as well as the Personal Data Protection Policy and agree therewith.
2.1.3. Once all the necessary identification data are filled in and the type and number of Tickets and Vouchers are entered, the Buyer is asked on the next page to select a payment method and to perform payment. The Ticket(s) or Voucher(s) are deemed paid when the payment is properly credited to the Trisbee’s bank account or to the account of the payment gateway provider.
2.1.4. After payment of the Ticket(s)/Voucher(s) price, the Buyer receives (by email or by text message, if applicable) a confirmation of the purchase and a unique identifier of the purchased Ticket(s)/Voucher(s). The Ticket/Voucher identifier becomes active upon payment according to Article 2.1.3. hereof, and subsequently serves as an authorization to enter to the Event or to use the Voucher.
2.1.5. The purchase contract mediated by Trisbee is concluded between the Organizer and the Buyer upon payment of the Ticket(s)/Voucher(s) price, provided that Trisbee sends to the Buyer a confirmation of the Ticket(s)/Voucher(s) purchase according to Article 2.1.4. hereof (by email or text message) to the contact indicated by the Buyer.
2.1.6. By purchasing a Ticket/Voucher, i.e. by concluding the contract, the Buyer undertakes to comply with all rules and instructions of the Organizer relating to the relevant Event. The Organizer has the right to check fulfillment of any conditions on the part of the Buyer, e.g. age or whether the Buyer is a holder of disability identification card (ZTP), ISIC card, etc. The Organizer may update, specify or change the conditions of the Event, or cancel the Event any time before the Event takes place. The Buyers are informed about such circumstances by email. Trisbee (as a Ticket/Voucher sale agent) is in no way liable for any material or non-material damage that may be incurred by a Buyer in connection with participation in or non-participation in the Event or in connection with the failure to hold the Event.
2.2. Registration and User Account
2.2.1. Every Buyer may get registered and create their user profile (User Account) on the goforboom.com website. However, purchase of Tickets or Vouchers for Events is in no way linked to the creation of the user profile. Tickets and Vouchers can be purchased without opening of a User Account as described in Article 2.1. of these Terms and Conditions.
2.2.2. After logging in, the Buyer in particular may purchase Tickets or Vouchers for Events without the need of filling in identification data, browse the history of purchased Tickets and Vouchers or save data of their payment card, etc.
2.2.3. Trisbee is entitled to delete the User Account if the identification data used apparently do not belong to the person who registered, if the User’s profile pictures and photographs or the content of the User Account contradicts the law, contains protected or registered works or names or the content thereof is manifestly inappropriate. If possible and appropriate, Trisbee shall notify the registered Buyer by email of an impending deletion of their User Account unless the prohibited or inappropriate content is deleted or modified.
2.2.4. The registered Buyer may change the settings of their User Account or data entered at any time, and is likewise authorized to cancel their User Account at any time.
2.2.5. If the Buyer enters and saves data of their payment card in their User Account, such data are transferred to the payment gateway provider that Trisbee has a contractual relationship with; the Buyer hereby agrees to the transfer of the data in question to the payment gateway provider. Trisbee does not store the Buyer’s credit card details. The Buyer can change or delete the stored data of their payment card at any time.
2.2.6. The data provided by the Buyer are processed by Trisbee in compliance with Article 4.1. hereof
2.3. Withdrawal from contract and claims
Withdrawal from contract
2.3.1. A Buyer, who is a consumer, is entitled to withdraw from a distance purchase contract (concluded via the Internet) without giving a reason pursuant to the conditions set forth in the provisions of Section 1829 et seq. of the Act. No. 89/20012 Coll., Civil Code, ie within 14 days following the date of takeover of the subject of purchase, provided that such withdrawal from the contract is not precluded due to the nature of the purchased Ticket(s) or Voucher(s), and provided that the purchased Ticket(s) or Voucher(s) were not used. In accordance with the previous sentence, withdrawal from the contract is valid if the Buyer notifies thereof electronically by email sent to the address firstname.lastname@example.org no later than the last day a set time limit.
2.3.2. Mutatis mutandis with Article 2.3.1 above, the Buyer is not entitled to withdraw from the contract for Ticket or Voucher purchase if it is a Ticket or Voucher for services considered leisure-time activity provided in a timely fashion (provision of Section 1837 (j) of Act. No. 89/2012 Coll., Civil Code), or if it is a Voucher adapted individually on the Buyer’s request (provisions of Section 1837 (d) of Act. No. 89/2012 Coll., Civil Code), or if it is another case referred to in the provisions of Section 1837 of Act. No. 89/2012 Coll. (Civil Code).
2.3.3. The purchased Ticket(s)/Voucher(s) cannot be returned or exchanged; the Buyer is not entitled to a refund of the price paid if they cannot participate in the selected Event, for whatever reason. This provision applies, unless otherwise specified by the Organizer for a specific Event.
2.3.4. Trisbee shall not be liable for non-delivery of the Ticket(s)/Voucher(s) (unique Ticket/Voucher identifier(s)) for an Event to the email box designated by the Buyer for reasons attributable to the Buyer, such as full email box, spam filter, incorrectly entered email address, etc. If the Buyer has not received the repaid Ticket(s)/Voucher(s) (unique Ticket/Voucher identifier(s)) to the email box or has no access thereto even in their User Account within 24 hours upon purchase of the Ticket(s)/Voucher(s) according to Article 2.1.4. hereof, the Buyer should contact Trisbee and follow the instructions (varying depending on the specific situation) given by Trisbee thereto. If the Ticket(s)/Voucher(s) is not even then successfully delivered to the Buyer, or if the Event has already taken place in the meantime, Trisbee shall return the amount of the paid Ticket(s)/Voucher(s) price to the Buyer.
2.3.5. In the case that the date of the Event is changed by the Organizer or the Event is canceled entirely, the Buyer has the right to claim a refund of the paid Ticket(s)/Voucher(s) price with the Organizer, or has the right to obtain a voucher for future purchase on goforboom.com website. This right shall be exercised by the Buyer either directly with the Event Organizer or through Trisbee without undue delay, no later than within 5 days from the original date of the Event, provided that the Ticket(s)/Voucher(s) has/have not been used by the Buyer yet. The Buyer's right to a refund of the paid Ticket(s)/Voucher(s) price or to an issuance of a voucher for the amount of the original price according to the previous sentence shall be settled by the Organizer or by Trisbee; however, in case of Trisbee, always only up to the amount of funds made available to Trisbee from the Organizer, i.e. to the amount of funds acquired from the sale of Ticket(s)/Voucher(s) from Buyers that Trisbee has not transferred to the Organizer yet.
2.3.6. In case of any questions regarding the purchase of Ticket(s)/Voucher(s) or claims thereof the Buyers may address Trisbee at email@example.com.
SECTION 3 - RIGHTS AND OBLIGATIONS OF THE PROMOTER
3.1. Conclusion of contract
3.1.1. This part of the Terms and Conditions governs the contractual relationship between the Organizer as the organizer of the Event and Trisbee as the Ticket(s)/Voucher(s) sale agent for the Organizer's Events, and applies at all times, unless otherwise expressly agreed between Trisbee and the Organizer. The subject of the agreement between Trisbee and the Organizer in particular is Trisbee's obligation to mediate the sale of Ticket(s)/Voucher(s) for the Organizer's Event, for which the Organizer undertakes to pay an agreed fee to Trisbee. The Parties may agree on the provision of further services related to the sale of Ticket(s)/Voucher(s) and on the conditions thereof.
3.1.2. Trisbee and the Organizer shall in each individual case agree on the options of fulfilment of specific requirements of the Organizer regarding mediation of the Ticket(s)/Voucher(s) sale for an Event and promotion of a Organizer's Event. They shall also agree on the subject and scope of their cooperation - all the Event conditions such as the date and venue, etc., quantity of Ticket(s)/Voucher(s) offered for sale through Trisbee, the date of commencement and termination of online tickets sale, individual types and prices of Ticket(s)/Voucher(s), the conditions for promoting of the Event on the Trisbee website designated for this purpose and other conditions. Such an agreement may be made orally or in written or upon mutually confirmed email messages; together with these Terms and Conditions such an agreement shall constitute a contract concluded between the Parties. Unless Trisbee and the Organizer agree otherwise regarding the promotion of an Event, it is understood that Trisbee may promote the Organizer's Event independently and, at the same time, that Trisbee may promote its participation in the Event too.
3.1.3. Trisbee is entitled to refuse mediation of Ticket(s)/Voucher(s) sale in respect of any Event the content of which is incompatible with Trisbee’s business intentions or general attitudes and interests. The mediation of any already running sale of Ticket(s)/Voucher(s) for an Event may be terminated for the same reason, provided that the incompatibility of interests could not be objectively ascertained from the information provided by the Organizer at the conclusion of the contract.
3.2. Conditions of Ticket(s)/Voucher(s) sale mediation
3.2.1. Unless Trisbee and the Organizer agree otherwise, the Organizer undertakes to ensure:
that the website operated thereby and containing the promotion of the Event, contains the “BOOM” logo, thus at least on the page referring to the sale of Ticket(s)/Voucher(s) for the Event(s),
that, as part of the purchase of a Ticket/Voucher for an Event the sale of which is mediated by Trisbee, the website operated by the Organizer provides link to the website goforboom.com and thus allows to the Buyer direct access to the Trisbee sales system,
that, in the event that the Organizer uses means of an Event promotion other than just the Internet, it is always stated in such other means of promotion that the Ticket(s)/Voucher(s) for the Event can be purchased via Trisbee (goforboom.com),
that the “BOOM” logo (or name) is displayed on all social networks and other websites operated by the Organizer for the purpose of an Event promotion, together with a direct link to the goforboom.com website, thus allowing to the Buyer direct access to the sale of Ticket(s)/Voucher(s) to the Organizer’s Event(s).
at least 4 free tickets to an Event for Trisbee for promotional purposes.
3.2.2. If Trisbee and the Organizer do not agree otherwise, it is understood that the Organizer also undertakes to ensure that the conditions of sale of Ticket(s)/Voucher(s) for an Event distributed by other ticket sellers, who have an agreement concluded with the Organizer for this purpose, are comparable to the conditions of the sale of Ticket(s)/Voucher(s) through Trisbee and that their Ticket(s)/Voucher(s) prices are not lower than the prices for the Event sold through Trisbee. For non-compliance with the above obligation, the Organizer undertakes to pay to Trisbee a contractual penalty in the amount of CZK 100,000, thus within the period specified in the Trisbee’s written call sent to the Organizer’s contact address specified thereby. Payment of the contractual penalty pursuant to this provision shall not affect Trisbee's right to compensation for any damage incurred thereto in excess of the amount of the contractual penalty.
3.2.3. Unless otherwise agreed between the Parties, Trisbee is entitled to place a marketing communication/advertisement on the tickets for the Organizer's Event, thus at Trisbee’s own discretion and according to its needs.
3.2.4. Unless otherwise agreed between the Parties, the sale of Ticket(s)/Voucher(s) shall be normally terminated
by sellout of all Ticket(s)/Voucher(s) for the Event intended for sale via Trisbee, or
as of the date set in advance by the Organizer, or
by the time the Event begins at the time set forth by an agreement between Trisbee and the Organizer.
Trisbee undertakes to provide the Organizer without undue delay upon termination of the online Ticket(s)/Voucher(s) sale with information on the tickets for the Event sold, i.e. a list of Ticket(s)/Voucher(s) sold including the relevant Ticket/Voucher unique identifiers and identification of the Buyers (to the extent necessary for the Organizer to ensure that the Buyers can apply their Ticket(s)/Voucher(s) even if eg a technical problem with the unique Ticket/Voucher identifier occurs). If Trisbee and the Organizer agree so, Trisbee shall also provide the Organizer with a mobile application ensuring check-in of the Buyers at the Event.
3.2.5. Trisbee shall provide the Organizer with information on the status of the Organizer’s Tickets and Vouchers for Event(s) sold
via the Organizer Account and the Organizer's access to the Dashboard, where the information concerning the sale of Tickets and Vouchers is displayed in real time
otherwise, as agreed with the Organizer (the Organizer is not obliged to register and obtain authorization to the Organizer Account); the dates and form of transmission of the information to the Organizer depend on mutual agreement of the Parties (eg shared spreadsheet or regular sending of updated tables by email).
3.3. Remuneration for sale mediation
3.3.1. Unless otherwise agreed between the Parties, the Organizer shall pay to Trisbee a fee in the amount which is set in the price list (hereinafter referred to as the “Price list”), which is the integral part of this Terms and Conditions (hereinafter referred to as the “Remuneration”), for having arranged the Ticket(s)/Voucher(s) sale and for having promoted the Event on its goforboom.com website. The Trisbee’s Remuneration shall be payable upon repayment in full of the Ticket/Voucher price by the Buyer. The Organizer hereby expressly agrees that Trisbee deducts and retains the Remuneration from the amount paid for the Ticket/Voucher by the Buyer and credited to the Trisbee’s bank account. The statement of the Remuneration in the form of a proper tax invoice shall be submitted by Trisbee to the Organizer without undue delay after final settlement of financial claims between the Parties (after the Event takes place, including if changed or cancelled).
3.3.2. By concluding this contract, Trisbee and the Organizer have agreed that the amount corresponding to the Buyers' payments for Tickets/Vouchers received by Trisbee, after deducting the Remuneration, shall be sent to the Organizer within 5 working days after the Event took place or upon conclusion of the sale of Tickets/Vouchers for the Event, whichever occurs later. The amount shall be transferred to the Organizer’s bank account notified thereby to Trisbee for this purpose, including, where appropriate, the variable symbol by which the transaction is to be identified. If the Organizer who is a VAT payer indicates a bank account that is not registered for VAT register purposes, Trisbee shall be entitled to refuse repayment of the funds according to the previous sentence until the Organizer confirms to Trisbee a bank account number registered for VAT register purposes and Trisbee shall repay the funds designated for the Organizer to this account. In the event of force majeure, Trisbee shall be entitled to extend the period referred to in the first sentence of this provision to up to 30 working days. It is possible to derogate from this provision by agreement of both Parties.
3.3.3. If the Parties agree so, Trisbee shall pay to the Organizer from the funds under Article 3.3.2. of these Terms and Conditions, a deposit on the monetary benefit (hereinafter referred to as the “Deposit”) in the amount agreed by the Parties. Repayment of the Deposit to the Organizer may be subject to the provision of collateral requested by Trisbee. If the Event, which the Deposit was paid for to the Organizer, does not take place or is changed, the Organizer shall be obliged to return the entire Deposit to the bank account it was transferred from without delay and no later than 3 days from the date of the Event change or cancellation (unless agreed otherwise). If the Organizer does not do so in time and properly, it shall pay Trisbee a contractual penalty of 0.1% of the amount of the Deposit due per each day of the delay.
3.3.4. In case an Event is cancelled (for any reason) or changed (e.g. change in the date of the Event), the Parties undertake to first settle any claims by the Buyers and, depending on the settlement, no later than 2 months after the initially scheduled date of the Event, the Parties shall settle payments from the Tickets/Vouchers sale and Trisbee Remuneration. Both Parties agree that this provision is in particular justified by the Organizer's right to change conditions of an Event at any time or to cancel an Event, which is subsequently associated with the Buyers’ claims for refund of the Ticket/Voucher price or any other Buyers’ claims, including those exercised through Trisbee.
3.3.5. If a Buyer’s justified claim for refund of the repaid Tickets(s)/Voucher(s) price for a specific Organizer’s Event according to the previous provision hereof (Article 3.3.4.) is exercised by the Buyer with Trisbee, Trisbee shall be entitled, though not obliged, to settle the Buyer's claim itself, and shall notify the Organizer of the Buyer's claim processing without undue delay. To settle such a claim, Trisbee is entitled to use all the Buyers' payments received for the specific Organizer’s Event after deducting the Remuneration or, if the payments would not be enough to settle the claim, Trisbee is entitled to use funds from payments received in connection with another Event of the same Organizer. For the purposes of this provision, a claim settlement shall mean returning of the Ticket(s)/Voucher(s) price to the Buyer or issuing of a voucher for purchase of Tickets/Vouchers for another event which Trisbee mediates the sale of Tickets/Vouchers for (regardless of who organizes the event) in the appropriate amount. In such a case, Trisbee shall not be obliged to send to the Organizer the Buyers’ payments as set under Article 3.3.2. hereof in the amount of the Ticket(s)/Voucher(s) price refunded to the Buyers (or up to the amount of issued vouchers for the purchase of Tickets/Vouchers).
3.3.6. In the event that the Buyer complains about a payment transaction - purchase of a Ticket(s)/Voucher(s) for the Organizer's Event made through Trisbee - with the Buyer’s bank, which finds the complaint justified (e.g. due to theft of the payment card or misuse thereof) and cancels the payment transaction, as a result of which the bank deducts the amount corresponding to the Ticket(s)/Voucher(s) price for the Organizer's Event from Trisbee's bank account, Trisbee shall be entitled to demand from the Organizer compensation for the amount thus deducted, including any costs associated with cancellation of the payment transaction. For these purposes, Trisbee may use the funds paid by Buyers for Ticket(s)/Voucher(s) to the Organizer's Event(s), if they have not already been sent to the Organizer. Otherwise, or if these funds are not sufficient, the Organizer is obliged to transfer the amount in question to the Trisbee’s bank account without undue delay upon the Trisbee’s call for payment.
3.3.7. If an Event organized by the Organizer does not take place or is changed, this does not affect Trisbee's right to the agreed Remuneration for arranging of the sale in the amount determined by the actual number of Tickets/Vouchers sold through Trisbee.
3.3.8. The contract between the Parties is concluded for an indefinite period. Each of the Parties is entitled to terminate the contract at any time and without giving reasons, provided that as of the day of delivery of the notice to the other Party runs a notice period of 3 days. The notice period corresponds to the time needed to ensure termination of the Tickets/Vouchers sale mediation on the part of Trisbee.
3.3.9. The termination of the contractual relationship between Trisbee and the Organizer does not terminate the obligations of the Parties arisen until the termination of the contractual relationship. In particular, Trisbee's right to the Remuneration and/or the right to repayment of the administrative fee pursuant to Article 3.3.7. herein for Ticket(s)/Voucher(s) to the Event, the sale of which was mediated by Trisbee until the date of the contract termination, does not expire.
3.3.10. Unless the Parties agree otherwise as of the contract termination, Tickets and Vouchers sold so far through Trisbee shall remain valid even after the contract termination. In case the Parties agree that the Ticket(s)/Voucher(s) sold through Trisbee before the date of termination of the contract become invalidated, the Parties shall notify all Buyers concerned by email (and by SMS, where possible) to the email addresses specified by the Buyers when purchasing the Ticket(s)/Voucher(s) and, at the same time, shall inform the Buyers on how and on which date their right to a refund of the paid Ticket(s)/Voucher(s) price is to be settled. In this case, the Parties are obliged to agree at the termination of the contract on the specific manner in which the Buyers' right to a refund of the Ticket(s)/Voucher(s) price will be settled. If the Parties fail to do so, the Organizer shall be fully responsible to the Buyers for settlement and satisfaction of all claims.
3.3.11. For the avoidance of doubt, the Parties confirm that no obligation herein is a fixed obligation in the sense of the provisions of Section 1980 of Act No. 89/2012 Coll., Civil Code.
3.3.12. By agreeing to these Terms and Conditions, the Organizer confirms to be fully responsible to the Buyers for any damage they may have incurred in connection with an Event, as well as in connection with a possible change of an Event, cancellation thereof or invalidation of Ticket(s)/Voucher(s) purchased by Buyers.
3.3.13. All information communicated between Trisbee and the Organizer as well as all arrangements of the Parties within the framework of their contractual relationship concerning the mediation of Ticket(s)/Voucher(s) sale shall be considered confidential by both Parties and therefore subject to trade secrecy. In the event that the Organizer breaches this confidentiality obligation, Trisbee shall be entitled to a contractual penalty of CZK 100,000 for each single breach of the obligation.
SECTION 4 - FURTHER RIGHTS AND OBLIGATIONS
4.1. Personal Data Processing
4.1.1. Trisbee and the Organizer shall jointly process personal data of the Buyers for the purpose of selling Tickets and Vouchers and in order to ensure proper implementation of the Event. Pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “GDPR”), Trisbee and the Organizer act as joint administrators and fulfill their obligation under Article 26 of the GDPR. Trisbee is identified in Article 1.1. paragraph 1 of these Terms and Conditions and the Organizer is identified in the description of the Event for which Trisbee mediates the sale of Tickets and Vouchers.
4.1.2. The personal data processed shall mean:
in the case of a one-time purchase of a Ticket or Voucher - personal data of the Buyers obtained by Trisbee when the Tickets and Vouchers are purchased, namely their names, surnames, emails and telephone numbers, and - where appropriate - other data required by the Organizer and necessary for the Event to take place, or the visitor’s data that need to be verified in order to enable their participation in the Event (e.g. age, name and surname of every participant where the Tickets/Vouchers are issued to specific names), IP address of the Buyer's equipment and, in case of the Buyer's consent to the receipt of business messages, other data, such as personal preferences based on the purchase made (preferences of the type of event, artist, venue), may be processed too;
in case of registration and opening of a User Account - name, surname, email and telephone number of the Buyer, photo, if the Buyer uploads it, and, if the Buyer purchases a Ticket or Voucher via the User Account, then the processed data mean the same data as indicated in the previous subparagraph above.
4.1.3. The Parties shall process personal data for the following specific purposes:
a) fulfillment of obligations from the concluded purchase contract - the Ticket/Voucher payment receipt, the Ticket/Voucher delivery and/or the unique Ticket/Voucher identifier delivery, information on changes to the Event (if applicable), checking of the Ticket at the entrance to the Event, checking of the Voucher at the time of its application with the Organizer, settlement of claims;
b) increasing the quality and scope of services provided to Buyers who have registered and set up User Accounts or who have agreed to the receipt of commercial messages, where the purpose of processing consists in personalized offers of Events based on the Buyer's purchase history and other preferences,
c) legitimate interests of Trisbee and the Organizer - settlement of a Buyer's complaint, prevention and detection of possible fraud, defense against potential exercise of a Buyer's claim related to the sale of Tickets and Vouchers, development of sales statistics and their subsequent evaluation in order to optimally set up the services provided;
d) sending commercial communications and newsletters from Trisbee or the Organizer if the Buyer gives explicit consent thereto - the Buyer may revoke this consent at any time in accordance with the procedure set out in each sent commercial communication.
4.1.4. Trisbee is entitled to provide - to the extent necessary - the Buyers’ personal data and/or the names and surnames of an Event visitors (if they are other than the Buyer) to the Organizer for the purposes of fulfilling of the Ticket/Voucher sale contract and for the purposes of processing due to the Organizer’s legitimate interest or, with the Buyer's consent, for the purpose of sending news and commercial communication. Trisbee is also entitled to provide the Buyers’ personal data to entities legally entitled to request such data.
4.1.5. Trisbee consistently ensures technical and organizational security of all the Buyers' personal data obtained in internal systems, doing so through electronic security tools, granting of access rights, anti-virus protection, security backups and granting of access to data to authorized persons only.
4.1.6. The Organizer and Trisbee undertake to comply with all standards of technical and organizational securing of the processed personal data protection, thus for the entire period that they are entitled to process such Buyers’ personal data. Specifically, the Organizer and Trisbee undertake to adhere to the following rules:
to ensure electronic security and anti-virus protection of all devices through which the Buyers’ personal data are processed;
the Buyers' personal data shall not be stored by the authorized persons of Trisbee or the Organizer on such person’s devices or exported from internal systems thereof, unless this is strictly indispensable for implementation of the Event;
the personal data processed must never be stored on information media that could be accessed by third parties;
the personal data processed may not be provided or otherwise made available to third parties;
all persons who come into contact with the processed personal data must always be properly instructed and bound by confidentiality (which shall continue to apply after termination of the activity performed for Trisbee or the Organizer);
access to devices and storage spaces where personal data are processed must be password protected;
only Trisbee’s or the Organizer’s employees, whose job classification requires so and who are trained for the processing of personal data, shall have access rights to the devices and storage space with the Buyers’ personal data. These employees will only have access to the personal data in the extent corresponding to the access rights thereof;
Trisbee as well as the Organizer shall follow their own internal rules governing organizational and technical measures and procedures, and related obligations of Trisbee’s and the Organizer’s employees, the purpose of which is to ensure security of the processed personal data.
4.1.7. The Organizer acknowledges that the processing of the Buyers’ personal data is governed by the provisions of this Section 4.1. of Terms and Conditions and confirms to have acquainted therewith. The Organizer undertakes to comply with all obligations concerning the protection of the Buyers’ personal data arising from these Terms and Conditions and undertakes not to act in breach of the protection of personal data relating to the Buyers.
4.1.8. The Organizer is not entitled to process the Buyer's personal data for purposes other than the sale of Tickets or Vouchers, proper holding of the Event, possible settlement of a Buyer's complaint or exercise of the Organizer's legitimate interests. In the case of a Buyer's express consent, the Organizer is entitled to process the Buyer's personal data for the purpose of sending commercial communications and newsletters. For the purposes of sending commercial offers, Trisbee and the Organizer shall not act as joint administrators within the meaning of Article 26 of the GDPR and the processing of the Buyers’ personal data shall take place at the Organizer's own responsibility.
4.1.9. Both Trisbee and the Organizer fully respect the Buyers’ rights arising from the GDPR:
Right of access to data - to the extent guaranteed by legislation on personal data protection, the Buyers may request access to their personal data - information on whether Trisbee or the Organizer works therewith, what specific data they process and how,
Right of rectification - the Buyers may request rectification of incorrect data or completion of incomplete data or provision of additional consent,
Right to restriction of processing - under established statutory conditions, the data shall not be deleted, but Trisbee/Organizer shall not further process them (for example, under circumstances of determining legitimate interest in processing prevailing over the request to delete personal data),
Right of erasure - whenever relevant statutory conditions are met (for example, when the consent to the personal data processing has been revoked, when the personal data processing is no longer necessary, when the legitimate interest in the processing has passed, etc.),
Right to object against processing - the right to object to the existence of a reason for the specific processing of personal data (the objection needs to be specified),
Right to data portability - the right to request Trisbee or the Organizer as the personal data controllers to transfer the personal data, if technically feasible, to another personal data controller.
4.1.10. Both Trisbee and the Organizer are obliged to take such measures as to prevent unauthorized or accidental access to the Buyers' personal data, their change, destruction or loss, unauthorized transfers, their other unauthorized processing, as well as other misuse of personal data. This obligation applies even after the processing of the personal data has been completed. The Parties undertake to notify each other without delay about all and any cases of accidental or unauthorized access to the Buyers' personal data.
4.1.11. Trisbee and the Organizer are jointly and severally liable to the data subjects concerned for all and any breaches of the personal data processing obligations. The liability for administrative offences in the processing of personal data of Trisbee and the Organizer towards the Office for Personal Data Protection is governed by the relevant provisions of the GDPR. The Organizer is fully liable to Trisbee for any damage suffered thereby due to a breach of the Organizer's obligations related to the processing of the Buyers' personal data set by the GDPR.
4.1.12. The Buyers’ personal data shall be kept by Trisbee and the Organizer only until the Event is held, or until a Buyer's claims arising from participation in the Event are settled, or for a longer period of time if required so by law or necessary due to Trisbee’s or the Organizer’s legitimate interest, e.g. for the purpose of settling or exercising the claims thereof. If the lawful reason for the processing ceases to exist, both Trisbee and the Organizer shall delete the relevant personal data. If a Buyer gives consent to the processing of personal data for a purpose other than the performance of the contract (e.g. for sending commercial communications or newsletters), Trisbee shall process such personal data until the consent gets revoked, however not for more than 3 years.
4.1.13. Upon termination of the cooperation with Trisbee, the Organizer shall stop processing the Buyers’ personal data taken over from Trisbee in connection with mediation of the Tickets/Vouchers sale and proper implementation of the Event and that the Organizer no longer needs for this purpose.
4.1.14. To exercise any of the rights provided by applicable law, the Buyer may contact Trisbee by phone at +420 608 773 193, or in writing by email at firstname.lastname@example.org, or by mail to the address: Kamenická 33, 170 00 Prague 7. If you - as a Buyer - believe that the processing Your personal data is violating the law, you have the right to file a complaint with the national supervisory authority. In case of the Czech Republic the authority is the Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz.
4.1.15. The Parties’ legal relations concerning personal data processing, which are not regulated in this section of the Terms and Conditions, are governed by the relevant provisions of the GDPR and other relevant legislation of the Czech Republic.
In case of any disputes arisen between the Organizer and a Buyer (as a consumer) in connection with the purchase of Ticket(s) or Voucher(s) for an Event organized by the Organizer, or in connection with the Event itself, which cannot be resolved by mutual agreement of the Parties, the consumer may address an entity authorized for out-of-court settlement of consumer disputes, which in this case is the Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 567/15, 120 00 Prague 2. The Buyer may also take advantage of the European Online Dispute Resolution Platform at http://ec.europa.eu/consumers/odr/.
4.3. Final Provisions
4.3.1. Trisbee has the right to amend these Terms and Conditions at any time, doing so even unilaterally. In such a case Trisbee shall notify both the Buyers and Organizers of the amendment and the effectiveness thereof on the Trisbee ticket sale website goforboom.com or by email. Any amendment shall take effect two months after the date of notification thereof, unless Trisbee specifies a later effect in the notification. No amendment applies to Tickets and Vouchers for an Event already purchased.
4.3.2. All legal relationships established based on or in connection with these Terms and Conditions are governed by the laws of the Czech Republic, regardless of where the purchase of Tickets or Vouchers by the Buyer was made or where the Organizer has its registered office.
4.3.3. If any of the provisions of the Terms and Conditions is or becomes invalid or ineffective, such invalid/ineffective provision shall be replaced by a provision the meaning of which is as close as possible to the economic purpose of the invalid or ineffective provision. Invalidity or ineffectiveness of any provision shall in no way affect the validity and effectiveness of the other provisions. Invalidity or ineffectiveness of a provision in a sole relation to a particular entity or group of entities shall in no way affect the validity and effectiveness of this provision in relation to other entities.
4.3.4. All and any notifications between the Parties shall be made via emails, by telephone (according to the contact details provided to the other party) or, if necessary, by notification in the User Account or Organizer Account.
4.3.5. The Parties hereby exclude application of the following provisions of Act No. 89/2012 Coll., Civil Code: § 557, § 1799 and § 1800 (in the case of a contractual relationship between Trisbee and an entrepreneur), § 1805 para. 2 and § 1936 para. 1.
These Terms and Conditions enter into force and take effect on 8 March 2022.
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