Terms and Conditions

GENERAL TERMS AND CONDITIONS AND COMPLAINTS RULES OF COMPANY GROUP A.S.

These General Terms and Conditions and Complaints Rules govern the rights and obligations of the Parties when providing and receiving services provided through the WWW.PRAGUEMUSIC.CZ sales portal (hereinafter referred to as the “Conditions”).

1. Subject of the Conditions

   The Conditions govern the rights and obligations of users of the Internet environment on the website www.praguemusic.cz, operated by Company Group a.s., RN: 27825647, with registered office in Praha – Vršovice, Ruská 973/96, Postcode 100 00, registered in the Commercial Register kept by the Municipal Court in Prague, Section B, Insert 14337 (hereinafter referred to as the “Vendor”). The Conditions further govern the rights and obligations of the Vendor and the Customer in negotiating the service and performing the service through the Web Portal. The rights and obligations of the Parties not governed by these Conditions are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended.

2. Definition of Terms

   For the purposes of these Conditions, the following terms have the following meanings:

   “Event”: Concert, theatre or other cultural performance or any other event (exhibitions, conferences, training sessions, trade fairs, etc.) that can only be afended with a ticket purchased by the Customer from the Vendor, and the primary purpose of which is the use of the Customer’s leisure time

   “Organizer”: Any natural or legal person organizing an Event. The Vendor may also be an Organizer, if the Vendor is the Organizer of the Event.

   “Customer“: A person using the Web Portal.

   “PRAGUEMUSIC.CZ Network“: An order and distribution system operated by the Vendor, particularly enabling Customers to make orders, reservations, purchase and receipt of Tickets or the Voucher service through individual sales channels. PRAGUEMUSIC.CZ Network sales channels include, in particular, Contractual Points of Sale and the Web Portal.

   “Ticket“: The proof (token of value) issued by the PRAGUEMUSIC.CZ Sales Network different from the confirmation of payment of the Ticket price (unless the Ticket is at the same time the proof of payment) entitling the holder of the Ticket and other persons of the total number stated on the Ticket for a single entry to the Event, which the Ticket is intended for. Various types of Tickets, including how they are purchased and used, are listed in Article 4 of the Conditions. By presenting the Ticket at the Event venue, the person using the rights of the Ticket agrees with the Rules and Regulations of the Event venue and conforms to the Organizer’s instructions and the conditions associated with the Event.

   “Voucher“: The reservation service provided by the Vendor in the PRAGUEMUSIC.CZ Sales Network entitling the holder of a unique Voucher code to buy a certain type of a Ticket at a predetermined price and at a fixed expiry date for the price of the difference between the Voucher price and the predetermined price corresponding to the Ticket. Voucher is not a Ticket and does not entitle its holder to enter the Event venue.

   “Contractual Point of Sale“: Contractual Point of Sale is a point of sale approved within the PRAGUEMUSIC.CZ Sales Network and marked with the PRAGUEMUSIC.CZ label, which allows to reserve, purchase or pick up Tickets based on their reservation number or reference data associated with a direct online purchase. Opening hours of a Point of Sale will be determined by its keeper. The List of Contractual Points of Sale can be found on the Web Portal in the List of Points of Sale.

   “Web Portal“: Vendor’s website at www.praguemusic.cz serving to provide information about offered Events, order the Voucher service and reserve and buy Tickets for these Events. It is necessary to have an optimal internet browser installed for the right functionality of creating reservations and purchasing Tickets and the Voucher service on this Portal.

3. Contractual Relationships

   The person responsible for the realization and the content of each Event is an Organizer. Vendor is not an Organizer, unless it is an Event organized by the Vendor. The Vendor provides the sale of Tickets for the Event of Organizers on the basis of an Assignment Contract signed between the Organizer and the Vendor in accordance with Section 2430 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “CC“).

   By purchasing a Ticket, the Customer concludes a contractual relationship with a particular Event Organizer, the content of which is the provision of a use of leisure time service at a predetermined date in the form of allowing the Ticket holders to personally afend the Event for a fixed price of the Ticket, all under the conditions stipulated in the instructions published by the Organizer and these Conditions (hereinafter referred to as the “Event Participation Agreement“).On the basis of the assignment, the Vendor acts on behalf of the Organizer and on the account of the Organizer to the extent necessary for the conclusion of the Event Participation Agreement between the Organizer and the Customer, publication of the Organizer’s information and instructions for the individual Events, and acceptance of the price for the provision of the Organizer’s services from the Customer, or for organizing other stated mafers of the Organizer if needed.

   The Organizer is solely responsible for the implementation and fulfilment of the Event Participation Agreement, including the dates, quality and extent of the Event offered, and reserves the right to change them. For the purposes of these Conditions, purchase of a Ticket means the payment of the price for the provision of the Organizer’s service on the basis of a concluded Event Participation Agreement. Unless expressly provided otherwise, all claims under the Event Participation Agreement, including the return of the admission, must be claimed by the Customer directly at the Event Organizer in accordance with the Complaints Rules under these Conditions.

   By using the PRAGUEMUSIC.CZ Sales Network and by using or registering on the Web Portal, the Customer also enters into a relationship with the Vendor within the scope stated in these Conditions, particularly in connection with the protection of Customer’s personal data or the use of PRAGUEMUSIC.CZ reservation services, and gives the express consent to be bound by the Conditions.

4. Tickets and Their Types

   The Organizer can define one or more types of Tickets for individual Events (besides Basic Tickets especially VIP Tickets, discount Tickets, etc.). Information on the available Ticket types can be found in the ordering system of the PRAGUEMUSIC.CZ Network. Different types of Tickets generally have different prices, range and permission usage.

   If the PRAGUEMUSIC.CZ Sales Network channel allows it, Tickets can be purchased in a printed form (Contractual Points of Sale only) and an electronic form (via mobile application or the Web Portal). If a Ticket is purchased in an electronic form, the rights of the Ticket can be claimed by presenting a printed proof of purchase of the Ticket at the Event venue by the Cust

   Tickets are non-returnable upon purchase. Withdrawal from the Event Participation Contract is not possible, as set forth in these Conditions. Discounts that may be applicable for individual Tickets must be used prior to the purchase or reservation of the Ticket, as the additional use of the discount is excluded. If the Ticket has been reserved, it is necessary to collect it and pay for it no more than 30 minutes before the Event starts, otherwise the reservation will be cancelled. If an Event has begun, it is not possible to enter it afterwards.

5. Voucher Service

   The Vendor provides the Voucher Reservation Service within the PRAGUEMUSIC.CZ Network with regard to the time variation of Ticket prices prior to the date of an Event. The Voucher Reservation Service consists of a time-limited offering of a guarantee to buy the selected type of a Ticket for the price corresponding to the predetermined price of the Ticket after the deduction of the price of the already paid Voucher. Voucher is not a Ticket, it guarantees the availability of the Ticket and, in particular, its predetermined price valid for the entire validity period of the Voucher, regardless of the time development of Ticket prices for an Event.

   Reservations associated with the Voucher service are subject to a one-time non-refundable fee equivalent to 20% of the price of the Voucher. The provision of the Voucher service is confirmed to the Customer by the issuance of a unique Voucher code that is subject to a claim for a one-time use of a purchase right to a Ticket during its validity. The Customer is responsible to keep the unique Voucher code and protect it against misuse. By unfulfilled expiration of the validity of the Voucher, the Customer’s Voucher right is void without any refund of the Voucher price. The Voucher service can only be ordered through the Web Portal and paid only by direct cash payment.

6. Ticket Sale

   Tickets of the specified kind can be purchased or reserved in the following ways:

      1) as part of a direct sale at a Point of Sale

      2) online through the Web Portal

      3) via a call centre or email

   Purchase or pick-up of a reserved Ticket at a Contractual Point of Sale:

   The Customer may purchase Tickets in a printed form at a Contractual Point of Sale during the opening hours of such Contract Point of Sale without prior reservation, if the Tickets of the required type are offered and have not been sold out. The Customer may also pre-reserve the purchase of a Ticket through the Web Portal (see below) and then pay for it and collect it in a printed form at a Contractual Point of Sale.

   Purchase and reservation of Tickets or order of a Voucher through the Web Portal:

   It is possible to reserve (or order a reservation of) or order Tickets or Vouchers in different price categories via the Web Portal, unless otherwise stated. To use the Web Portal, prior Customer registration is required via the Web Portal interface. The Customer is obliged to give personal and contact details in the registration form correctly and completely and check their accuracy before the confirmation. By registering, the Customer agrees to be incorporated into the Vendor’s databases and agrees to receive business offers and messages, in particular further information about a similar type of Events, the sale of which has been or will be initiated through the PRAGUEMUSIC.CZ Network. Registered Customer has the option to reserve or purchase Tickets for available seats within the layout of the hall or a standing place among the possible price levels of the requested Event, including possible offered discounts, and to order the Voucher service for these Tickets if the reservation system permits so.

   Registered Customer may purchase a Ticket or the Voucher service and pay by an online payment (GOPAY s.r.o.) in accordance with the procedure stated on the Web Portal. The Customer may also reserve the purchase of the Ticket through the Web Portal (Internet reservation) and then pay for it and collect it at a Contractual Point of Sale. The Customer is required to check the accuracy of the created order before submiong a purchase request for a Ticket or the Voucher service. By clicking the “Buy“, or “Reserve“, button, the Customer sends binding request to buy or reserve the selected Ticket or Voucher.

   Every Ticket paid online has a unique code assigned, which the Customer is obliged to keep. Tickets reserved online may be picked up on the basis of the assigned verification code in a printed or electronic form at the designated Contractual Point of Sale.

   Ticket reservation via the Web Portal (Internet reservation) is a Vendor’s service guaranteeing the Customer the possibility to buy the Ticket type after notifying the reservation number, name and surname or email at a Contractual Point of Sale for a limited period of validity of the reservation.

   In the event of any problem during a purchase or reservation that would not allow the purchase or reservation of a Ticket, the Customer may contact the email address info@companygroup.cz.

   Bulk orders and reservations via the call centre or email:

   Bulk orders and reservations of Tickets (more than 10 pieces), or the Voucher service in this scope, orders and reservations for ZTP/P card holders – wheelchair users, or other ZTP/P and ZTP card holders, orders of Tickets and Vouchers from abroad, editing of orders and reservations by increasing reserved seats, or if the Customer is a person different from the consumer, can be made via the email address info@companygroup.cz on working days from 10 am to 5 pm or on the phone number +420 773 281 082. The cost of means of distance communication when using the Web Portal and call centre is not different from the standard rate set by the provider of telecommunications services and is borne by the Customer.

   Wrifen orders have the form of a binding offer for the conclusion of the Event Participation Agreement and must include a comprehensible order request for the selected Tickets or Vouchers with the specifications of the Event and complete Customer’s identification and invoicing data. The moment of acceptance of the Customer’s offer by the Vendor on behalf of the Organizer is the moment the Event Participation Agreement within the scope of the order is concluded and becomes binding. Unless expressly stated otherwise, the price for the Ticket will be payable within 5 days of the conclusion of the relevant Participation Agreement and the Tickets will be sent to the Customer upon payment of their price via the agreed manner of payment.

7. Prices and Postal Charges

   Ticket or the Voucher service price is listed on the Web Portal or communicated to the Customer prior to the purchase of a Ticket by the staff of a Contractual Point of Sale. Unless expressly stated otherwise, Ticket and the Voucher service prices are listed including the statutory VAT rate and all pre-sales fees, except for service fees, which may be charged for online payment by event type at the appropriate amount the Customer learns before making the payment.

   When paying from abroad, the Customer is obliged to pay all bank charges, i.e. correspondent fees and fees of the recipient’s bank. Payment must be made in good time before the expiration of the validity of the reservation in respect of the dates of transfers of funds between the financial institutions.

   If the Customer claims to be eligible for offered discounts, they are obliged to prove the eligibility for the offered discount to the Organizer’s organizing service when entering the Event venue. Discount terms are available on the Web Portal with the relevant Event or at a Contractual Point of Sale. In the event that the Customer is unable to substantiate the fulfilment of the above conditions for the discount at the Event venue, they will not be allowed to enter the Event and will not be entitled to a refund.

8. Complaints

   The Customer is obliged to check the correctness and completeness of the Tickets (in particular the name of the Event, the venue and the time of the Event, the price and the number of the Tickets and other parameters) immediately upon personal acceptance of the Tickets or delivery of the Tickets. Eventual complaints regarding the content of the Tickets must be notified by the Customer immediately after their personal acceptance to the staff of the Contractual Point of Sale or by the email provided on the Web Portal. Later complaints will not be taken into account. Stoppage of Contractual Points of Sale or the Web Portal is not the subject of a complaint.

   Complaints about Ticket content, in particular misprints, incompleteness or incorrectness of information or labelling of Ticket type are handled by the staff of the Contractual Point of Sale by an instant complaint based on information obtained through the Vendor’s representatives. The staff of the Contractual Point of Sale shall provide the Customer with oral information on the manner and timing of the complaint handling. If, for technical reasons, it is not possible to cancel the claimed Ticket, the staff of the Contractual Point of Sale is required to draw up a Complaint Form with the Customer. A similar procedure applies to the Voucher complaint. In the case of an authorized cancellation of the claimed order, the Customer is obliged to return the issued Ticket to the staff of the Contractual Point of Sale.

   The Vendor, as the distributor of Tickets, does not assume any responsibility for Events organized by the Organizer, unless the organizer is the Organizer itself. Complaints relating to the Event – in particular changes in the programme, rescheduling or, in the extreme case, cancellation of the Event, including claims for compensation for the damage incurred to the Customer or any third party in connection with the Event and any claims under the Event Participation Agreement, is the Customer obliged to make directly with the Organizer of the Event.

   Paid admission is not refundable, unless expressly stated otherwise. Purchased Ticket is not exchangeable. In the case of loss or damage, a replacement Ticket is not provided.

9. Specific Provisions on the Sale of Goods through the Web Portal

   The Vendor also offers movables for sale through the Web Portal, which are offered on the Web Portal under the “E-shop“ tab (hereinafter referred to as the “E-shop“), but these are not Tickets (for the purposes of this provision hereinafter referred to as the “Products“).In the case of a conclusion of a purchase agreement, the subject of which is the sale of the Products, the Vendor acts as the Seller and the Customer as the Buyer. This paragraph specifically provides the conditions for the conclusion, performance and cancellation of a purchase agreement with the subject being a product or products (hereinafter referred to as the “Purchase Agreement“), which the Vendor, as the Seller, and the Customer, as the Buyer, conclude in the manner set out in this Paragraph. The provisions of these conditions shall reasonably apply to the rights and obligations of the Parties to the Purchase Agreement unless otherwise provided in this Paragraph.

   The Purchase Agreement is concluded at the moment of placing a Customer’s order through the Web Portal in the “E-shop“ tab. For the purpose of placing the order, the Customer is obliged to fill in the contact details into the order form on the Web portal under the “E-shop“ tab. Details marked with an asterisk are mandatory and a binding order cannot be made without them. The Customer is responsible for the correctness and completeness of any data filled in by the Customer in the order form. The Customer shall bear the costs incurred to the Vendor by filling in incorrect data in the order form. The Vendor reminds that an order is binding only if, in addition to the proper completion of at least the mandatory data, the delivery of the Products is requested to the address in the Czech Republic or the Slovak Republic. Otherwise, the order is regarded as if it has not been placed at all.

   Products are delivered exclusively via Česká pošta s.p. The price of the transport is displayed on the Eshop website. The Vendor will send the ordered Products to the address specified by the Customer in the order (which will not be outside of the Czech Republic or the Slovak Republic) within 14 days from the date of receipt of the order. The purchase price will be paid by the Customer by means of the COD, the delivered Products will not be handed over by the postal carrier without the payment of the cash.

   The Vendor does not charge for any means of distance communication

   Rights from defective performance. If a Product is damaged, the Customer has the right to withdraw from the Agreement or request the delivery of a replacement Product. In order to assess the legitimacy of the Customer’s complaint, the Customer is required to deliver the Product to the Vendor. The Vendor is obliged to notify the Customer within 30 days whether or not the complaint has been recognized, and give reasons for not recognizing the Customer’s complaint. If the complaint is not sefled within 30 days of the date the Vendor received the claimed Product, the complaint is deemed legitimate.

   Withdrawal from the Agreement. The Customer is entitled to withdraw from the Purchase Agreement without giving any reason, unless the Product is a sound or image recording and the Customer has breached its original packaging, within 14 days of the date on which the Customer or a designated third party took over the Product. For the purpose of exercising the right to withdraw from the Agreement, the Customer must inform the Vendor about the withdrawal from the Purchase Agreement via the contact details provided at www.praguemusic.cz in the form of a unilateral legal action (for example by postal mail, fax or email).The Customer may use a sample Withdrawal Form afached to these Conditions, but this is not the Customer’s obligation. In order to comply with the withdrawal period, it is sufficient to submit the withdrawal before the expiry of the relevant period. The paid purchase price will be refunded to the Customer by the Vendor within 14 days of the date of delivery of the Product subject to the withdrawal. The cost of returning the Product is borne by the Customer.

10. Protection of Personal Data

    The Vendor collects, processes and keeps the personal data provided by the Customer in connection with the use of the PRAGUEMUSIC.CZ Network, in particular the name, surname, postal address, email address, telephone number and other data that the Customer consciously provides while using the PRAGUEMUSIC.CZ Network. The Vendor collects, processes and keeps personal data on electronic media in a secured data storage.

    The Vendor collects, processes and keeps personal data primarily for the purpose of enabling performance of the Agreement entered into with the Customer. CG company is authorized to such processing of personal data according to Section 5 (2) b) of Act No. 101/2000 Coll., on the Protection of Personal Data, even without the express consent of the Customer

    By expressing the will during the registration on the Web Portal or other use of the PRAGUEMUSIC.CZ Sales Network services, the Customer agrees to the processing of personal data also in order to evaluate the functioning of the PRAGUEMUSIC.CZ Network, or as the case may be the Events held, and also for the purpose of marketing personal data processing. Marketing processing means, in particular, the consent to the offer of products and services and sending of information about marketing events, including contact via email and sending of business communications via emails, as well as other electronic means.

    The Customer grants the Vendor the consent to give the personal data to the Organizer of the Event and also to the manager of the premises in which the relevant Event takes place for the purpose of statistical evaluation of the Events and marketing processing.

    Provision of personal data is voluntary. The Customer has the right to revoke their consent by sending a written letter to the address of the Vendor or to the email address info@companygroup.cz. The Customer is entitled to the rights arising from the provisions of Sections 11, 12 and 21 of Act No. 101/2000 Coll., on the Protection of Personal Data, i.e. they have the right of access to their personal data; furthermore, especially if they find or believe that the Vendor carries out the processing of their personal data contrary to the protection of their private and personal life or in violation of the law, in particular if their personal data are inaccurate with regard to the purpose of processing, they are entitled to ask the Vendor for an explanation, or demand the Vendor to remove the resulting state and to block, correct, add, or dispose of the personal data. The request for blocking, correcting, adding or disposing is effective at the moment of delivery to the Vendor.

11. Final Provisions

    Provisions aimed at protecting the consumer according to legal regulations and these Conditions do not apply to Customers entering into contractual relations with the Organizer and/or the Vendor as entrepreneurs. From the nature of the provided service and the provisions of Section 1837 j) of the Civil Code, the Customer cannot withdraw from the Event Participation Agreement.

    Any agreement concluded under these Conditions is concluded in the Czech language.

    The Provider is not bound by any code of conduct in relation to the Client.

    Alternative dispute resolutions are provided by the Provider via the electronic address info@companygroup.cz. Information about the seflement of the Client’s complaint will be sent by the Provider to the Client in accordance with these GTC.

    The Vendor is authorized to provide their services on the basis of a trade certificate. Trade inspection is carried out by the relevant Trade Licensing Office within the scope of its competence. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, among other things, the supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

    The Client hereby takes on the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.

    If an agreement is concluded with an international element, the Parties agree that their rights and obligations are governed by the laws of the Czech Republic, excluding conflict of law. This does not affect the consumer’s rights under generally binding legal regulations.

    Pursuant to Section 14 of the Consumer Protection Act No. 644/1992, the Operator informs that the subject of alternative dispute resolution relating to or related to the Agreement is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Praha 2, Internet address www.coi.cz.

    The Vendor does not assume any guarantee for the correctness, completeness or currency of information in the menu Events on the Web Portal, except for the intent or gross negligence, and reserves the right to change the prices of Tickets and Vouchers in the PRAGUEMUSIC.CZ Network at any time, especially on the instruction of the Organizer, or even without giving reason. If it is not a misprint and the nature of the mafer does not imply otherwise, the information and instructions given on individual Tickets take precedence over the provisions of these Conditions.

    Tickets may serve as a simplified tax document in accordance with applicable law in the event the Organizer of the Event is a VAT payer. If the Customer requires the issuance of an invoice – a tax document, they need to apply for the issuance at the central ticket office of the Vendor by sending the request to the email address info@companygroup.cz.

    The Customer is obliged to carefully preserve any identifiers that will be provided by the Vendor for the purpose of purchasing Tickets or providing other services, including electronic Tickets. The Vendor is not responsible for the misuse of these identifiers. Services will be provided to a person who is the first to prove this service identifier to the Vendor. Only the first person with a valid Ticket will be allowed to afend the Event. Any other persons who subsequently shows the same Ticket will not be admitted to the Event and their Tickets will be considered invalid.

    If any provision of these Conditions becomes invalid, ineffective or unenforceable, the validity, effectiveness or enforceability of other provisions remains unaffected. The Conditions become valid and effective on 1 August 2017 and the Vendor reserves the right to change them at any time.