This is a public offer for
STANDARD FORM CONTRACT
FOR ENTERTAINMENT SERVICE AND/OR RELATED SERVICES
1.1. “Agent” is a business entity operating under business name kasa.in.ua and rendering services to Customers in accordance with conditions set out in this contract through the use of the System.
1.2. “Entertainment service” is a service of enabling attendance of a cultural, educational, sports or any other public Event, provided by the Agent to the Customer on behalf and under control of the Event Organizer through purchase and sale of the Event ticket.
1.3. “Shipment” is a service of shipping the Ticket to a specified address; it is provided by the Agent or a specialized postal, express or courier company. Shipment fee is not included in the Ticket price and shall be charged separately according to tariffs of companies that make the Shipment.
1.4. “Order” is a series of Customer’s actions of choosing and purchasing the Ticket(s) to certain Event, including namely: choosing Event Ticket available for sale in the System, reserving the Ticket where necessary, choosing Ticket Shipment method, accepting terms and conditions of this Contract, paying for the Ticket.
1.5. “Event” is a performance, concert, festival, show, lecture, presentation, sports competition / session, training session, excursion, exhibition, demonstration, and any other series of actions of entertaining nature. Information on the name, venue, date and hour of the Event is indicated on the Ticket.
1.6. “Ticket” is a document confirming the right of one-time attendance of Event. Ticket is printed on Agent’s stationery or may be printed out on plain paper (in case of an electronic ticket delivery). A Ticket is not a commodity.
1.7. “Organizer” is a legal entity or a natural person – entrepreneur that provides Entertainment Services through means of organizing the Event, and on behalf, under control and in the interest of which the Agent shall be authorized to execute legal transactions for provision of such Entertainment Services through the sale of Tickets.
1.8. “Customer” is an individual or a legal entity purchasing and paying for the Entertainment and/or Related Services through purchasing the Event Ticket from the Agent.
1.9. “Related services” are Agent’s services provided to Customer during the sale of Ticket. These include Ticket reservation services, Customer’s order processing services (for purchase and/or cancellation) and services for Shipment of ticket to the designated address (if Shipment is made by the Agent).
1.10. “System” is Agent’s electronic system for sale and reservation of Tickets published at and made accessible to Customers via kasa.in.ua website.
2. SUBJECT MATTER OF CONTRACT
2.1. The Agent shall provide the following services to the Customer pursuant to the conditions set out in this standard form contract:
- Entertainment Services of attending the Event through the sale of the Event Ticket on behalf, under control and in the interest of the Organizer;
- Related Services of the Ticket reservation, Customer’s order processing and Ticket Shipment on the Agent’s own behalf. The Customer shall be obliged to pay in full for the rendered Services, by any method allowed in the System;
- All provisions of the present Contract shall fully apply both to electronic tickets and paper tickets printed out on a company letterhead.
3. GENERAL TERMS
3.1. The Customer can receive the Entertainment and Related Services by purchasing a Ticket through the Agent’s System only upon acceptance of terms and provisions of this public offer. For this purpose, the method and conditions of the Customer’s order or payment for the Ticket can vary depending on the Customer’s choice and System capacity. Any essential terms of this standard form contract are set out in this offer and in every individual order of the Customer.
3.2. The Ticket for the Organizer’s Event purchased from the Agent shall confirm the Organizer’s obligations to guarantee the admission of Customer to the Event with the aim of receiving the Entertainment Service.
3.3. The Customer purchases the Ticket that entitles them to receive the Entertainment Service by means of performing the following sequence of actions (acceptance of and agreement with every essential provision of the contract as well as additional provisions hereof):
3.3.1. Ticket ordering and payment.
A) To order the Ticket, the Customer shall choose the desired Event in the System on the “Events Guide” tab and click the “Buy ticket” button. The Customer shall review the seating plan of the hall / venue and choose a seat and price category of the Ticket.
B) The Customer shall fill in all fields in the order form and confirm their consent to this standard form contract by ticking the “I accept conditions of this public offer” box.
C) The Customer shall choose the method of receiving the Ticket as well as the payment method. In the event of choosing the “Pick up at the ticket office” option, the Agent shall provide the possibility of the Ticket reservation on condition of payment at the Agent’s ticket office within 3 days from the moment of making a reservation in the System. In the event of the Ticket being shipped to the Customer, the Customer may pay for the Ticket either directly to a courier upon receipt of the Ticket or pay online by bank card. In this case, the Customer shall pay a commission fee in accordance with the payment system tariffs. The processing bank bears responsibility for protection and security of card details. Cashless payment shall be considered completed when the amount of Ticket price is credited to the Agent’s bank account.
D) The following actions by the Customer shall constitute confirmation of consent to the purchase of the chosen Ticket during the reservation: selection of the Ticket format (electronic or paper) and method of receiving (in case the Shipment service has been ordered, the Customer should indicate the Shipment address as well as desired date and time of delivery), acceptance of the final order amount (price of the Ticket and Shipment fee). The Customer shall make such confirmation either orally (while placing an order at the Agent’s ticket office) or by clicking the corresponding button in the System that indicates confirmation of consent, if the order is placed through the System. Such confirmation from the Customer shall be construed as their unconditional consent to the conditions of purchasing the Organizer’s chosen Entertainment Service and the Agent’s Related Service; the fact of the Customer’s payment shall serve as confirmation of the Customer’s consent to the conditions of the Related Services as well as confirmation of a proper receipt thereof by the Customer.
E) Once the Customer has made the above listed steps, the Agent shall send an order confirmation message to the Customer’s email address. The message shall contain all information regarding the Event, Ticket price category and Shipment terms.
F) If the Customer purchases an e-Ticket in the System, the Customer shall print the purchased and received Ticket on А4-sized (210×297mm) paper without any distortion of form, format, color, scale or any other processing of the received file, text and/or image contained on the Ticket (including QR code). The Customer may only pay for the e-Ticket online by bank card. The Agent shall send the e-Ticket to the email address indicated in the order only upon successful completion of payment by the Customer.
3.3.2. Receiving the Ticket
A) If the Ticket is reserved through the System, the Customer shall be obliged to pick up the Ticket from any of the Agent’s ticket offices listed in the System within 3 (three) business days. Failing this, the reservation shall be cancelled and the Ticket chosen by Customer shall be available for purchase again. All reservations shall be cancelled 48 hours before the Event start time. When receiving Tickets, the Customer shall give the courier or ticket office clerk the reservation number as well as personal details of the Customer indicated in the Order for identity verification purposes.
B) If the Customer chooses Shipment of the Ticket by Nova Poshta service, the Agent’s representative shall contact the Customer within two days to confirm the Order and the Shipment address. Shipment shall be made in line with Nova Poshta service opening hours. The Service of the Ticket Shipment shall be deemed ordered once the Customer has completed all steps envisaged by the Order procedure set out in the present offer. The Customer shall pay for the Shipment service when collecting the Ticket. The Customer shall be obliged to collect the Ticket within 5 (five) business days. Failing that, the Ticket shall be returned to the Agent through Nova Poshta service. If the Customer did not pay for the Ticket, the reservation shall be cancelled and the Ticket shall be available for purchase again; if the Customer paid for the Ticket, they shall be entitled to re-order the Shipment upon compensation of Nova Poshta Shipment fees paid by the Agent. If the Customer fails to collect the Ticket at least 3 (three) calendar days before the date of the Event for reasons beyond the Agent’s control, such Order shall be deemed cancelled, and the Customer shall not be eligible for refund of the Ticket price.
C) In order to receive the prepaid Tickets, the Customer shall present a passport of a citizen of Ukraine or any other document confirming the Ticket owner’s identity.
3.3.3. Receipt of the Entertainment Service
A) The Customer shall arrive to the Event venue by their own means on the date and at the time indicated on the Ticket. The Customer shall pass the ticket and security check and remain at the venue following the rules established by the Event Organizer. If the Customer violates the rules of attendance for the Event, the Organizer shall be entitled to deny the Customer the right to receive the Entertainment Service. If the Customer fails to arrive at the Event venue in time on their own initiative and/or fails to pass ticket/security check and/or violates the rules of the Event attendance established by the Organizer, the latter shall be recognized to have properly fulfilled its obligations under the Contract for Entertainment Service (has provided for the Customer’s admission to the Event and the possibility to receive the Entertainment service), and shall not be liable to the Customer for failure to receive the Entertainment Service. If the Customer leaves the Event venue before the end of the Event on their own initiative, or on the Organizer’s initiative in case of violations of the attendance rules, the Organizer shall not be liable for Customer’s failure to receive the Entertainment Service or for incomplete receipt thereof.
3.4. During the ordering process, the Customer shall provide the Agent with their personal data and perpetual right of ownership, storage, use and processing thereof in compliance with requirements of the Law of Ukraine “On Protection of Personal Data”. If the Customer provides the Agent with other persons’ personal data while making an Order, the Customer shall therewith confirm that such persons had previously authorized the Customer to pass this data to the Agent, allowing the Agent to perpetually store, use and process this data. The rights for use and processing of personal data received from the Customer shall also include the Agent’s right to send advertisements (events guides) to addresses, telephone numbers and email addresses received.
3.5. By executing this contract, the Customer confirms their understanding of the fact that the scope of the Agent’s authority over the provision of Entertainment Service is limited exclusively to operations related to the sale of Tickets providing the right to attend an Event and receive the Entertainment Service. The Customer understands that the Agent shall not be liable for the Organizer’s failure to fulfill the latter’s commitments towards the Customer under this Contract for the Entertainment Service or for improper fulfillment thereof, as well as for any other violations (including damages) the Organizer failed to prevent while organizing the Event. Unless an agreement on the opposite is reached between the Organizer and the Agent, the Agent shall not have the authority and shall not accept any cancellation of Tickets from the Customer, and shall make no refund for Tickets sold.
3.6. The Order shall be deemed competed and this offer accepted by the Customer fully and willingly on conditions envisaged by this offer and every individual Order upon completion of all the steps listed in par.3.3. of this offer, at the moment of completion of payment of full ordered Tickets price to the Agent by the Customer. By placing the order, the Customer confirms that they are familiar with terms and conditions of this offer, as well as the rules of attendance applicable for the Event, that they fully understand these terms, conditions and rules, and undertake to abide by them to the full extent.
3.7. The contract for the Entertainment Service is executed between the Organizer (represented by the Agent that sold the Ticket) and the Customer. Either the Customer or a third party, if the contract has been concluded on behalf of such third party, is eligible to receive the Service on condition of presenting a valid Ticket at the Event venue.
3.8. On condition of a valid ticket being presented at the Event venue, the Organizer commits to secure the Customer’s admission to the Event for the purposes of receiving the Entertainment Service. The Ticket purchased by the Customer from the Agent shall be deemed valid on condition it has not been used (voided) by any other person prior to Customer passing the ticket check. Therefore, the Customer shall exert every reasonable effort to prevent the Ticket from falling into unauthorized hands and shall refrain from making copies of the Ticket.
4. RIGHTS AND LIABILITIES OF THE PARTIES:
4.1. The Customer shall be obliged to:
4.1.1. Provide the Agent with complete and true information on his name, email, telephone and Shipment address when placing the Order. Failing that, the Agent and the Organizer shall bear no responsibility for failure to provide services under this contract or for improper fulfillment thereof.
4.1.2. Pay for the Entertainment and Related Services in full and within the time limits indicated in the present Contract and the Order.
4.2. The Customer shall be entitled to cancel the Order under conditions set out in this offer.
4.3. The Organizer shall render the Entertainment Service to the Customer at the venue and on the time indicated in the Ticket.
4.4. The Organizer shall be entitled to set Ticket prices at his sole discretion and to change prices for tickets that had not been ordered or purchased.
4.5. The Agent is obliged to provide the Customer with high-quality and timely Related Services ordered by the Customer, if the Agent accepted this order for processing.
4.6. The Agent shall be entitled to:
4.6.1. Demand the fulfillment of Customer’s responsibilities under the terms of this offer which will be accepted by the Customer.
4.6.2. Change or terminate this offer at his sole discretion. Such change or termination shall not apply to orders placed and accepted for processing prior to such changes taking effect.
5. CANCELLATION OF ORDER
5.1. The Order shall be deemed cancelled on the Customer’s initiative and the parties’ obligations under the Contract for Entertainment Service terminated in the following cases:
5.2.1. The Customer did not pay the price of the Ticket after confirmation from the Agent on availability of the Ticket for purchase through the System (in case the Customer chose to pay for the Ticket though an online payment system on the Agent’s website).
5.2.2. The Customer did not pay the price of the Ticket to the courier upon delivery of the Ticket to the Customer.
5.2.3. The Customer did not collect the Ticket from the shipment company within 5 (five) business days from the moment of the Ticket arrival to the Customer’s town. If the Customer did not pay for the Ticket, the reservation shall be cancelled and Ticket shall be available for purchase again; if the Customer paid for the Ticket, they shall be entitled to re-order the Shipment upon compensation of Nova Poshta fees paid by the Agent. If the Customer fails to collect the Ticket at least 3 (three) calendar days before the date of the Event for reasons beyond the Agent’s control, such Order shall be deemed cancelled and the Customer shall not be eligible for refund of the Ticket price and Shipment fee.
5.2.4. The Customer did not attend the Event on their own initiative or arrived late; acted in violation of the Event attendance rules, causing sanctions to be taken against them by Organizer’s representatives, up to denying the right to attendance at the Event venue; lost the Ticket or attempted to enter the venue using an invalid Ticket. In such cases, the price of the Ticket and Shipment fee are not refundable.
5.3. The Order shall be deemed cancelled on the Organizer’s initiative and the parties’ obligations under the Contract for Entertainment Service terminated in the following cases:
5.3.1. The Organizer cancelled the Event (and either communicated it openly and publicly or informed the Customer individually).
5.3.2. The Organizer did not hold the Event at the venue and on the time indicated on the Ticket, which resulted in the Customer’s failure to receive the Entertainment Service through the Organizer’s fault.
5.3.3. Following the purchase of the Ticket, the Organizer changed the date of the Event or made other changes to the Event details indicated on the Ticket, which he either communicated openly and publicly and/or informed the Customer individually (if the Customer does not accept such changes and wishes to return the Ticket for the refund and not change it to another Ticket from the same Organizer).
5.4. In cases set out in par.5.3. of this offer, the Customer is entitled to demand refund of the Ticket price from the Organizer. The Ticket Shipment fee in this case is not refundable;
5.5. By ordering the Ticket and paying for it, the Customer confirms that they are fully aware of and understand the terms of cancellation of the Order, termination of contracts, refusal of the Organizer’s Entertainment service and/or Agent’s Related Services, and accept these terms and conditions without any reservations.
6.1. Any and all claims for quality of Entertainment Service provided or not provided, as well as any claims for refund of the price of the Ticket, compensation for damages related to cancellation of the Event or quality of the Event shall be presented solely by the Customer and exclusively to the Organizer as the direct provider of the Entertainment Service. The refund of any sums by the Agent is possible only in case when a separate agreement to that end has been reached between the Organizer and the Agent, and the Organizer has provided the Agent with funds necessary to issue refunds to Customers. The Agent shall immediately communicate the name and contact details of the Event Organizer available on file to the Customer upon request.
6.2. Funds shall be refunded to the Customer in cases envisaged by par.5.3. of this offer only if the Customer returns the Ticket. If the Customer presents a damaged Ticket or a copy of the Ticket, the funds shall not be returned.
6.3. If the Agent returns funds to the Customer in cases envisaged by this offer, the funds shall be returned with the deduction of the Shipment fee, if the latter was ordered and paid by the Customer.
7. CONTRACTUAL LIABILITIES AND DISPUTE RESOLUTION
7.1. The Parties shall be liable for noncompliance or partial compliance with their contractual obligations under the current legislation of Ukraine.
7.2. The Agent shall not be liable to the Customer under the contract for the Entertainment Service, which is provided to the Customer by the Organizer. At the same time, the Agent is liable for the quality of provided Related Services under the present contract, but the amount of such liability shall not exceed the actual amount of their price, notwithstanding the circumstances.
7.3. Provision of a service in violation of conditions set out in the Order and reflected on the Ticket shall be deemed an improper provision of the Entertainment service. At the same time, the Organizer shall not be held liable for the Customer’s expectations regarding aesthetic pleasure from the Entertainment service, as such expectations are subjective. The Organizer’s liability to the Customer related to the Entertainment Service shall not exceed the price of the Ticket purchased with the intent of receiving such Entertainment Service.
7.4. Neither the Agent nor the Organizer shall be liable for the Customer’s e-ticket security and copy protection. Should several identical e-tickets be presented at the Event venue, the first person passing the ticket check will be admitted. Any other persons presenting copies of such e-ticket will not be admitted and will not be eligible to claim a refund from the Organizer.
7.5. The Parties shall not be liable for failure to perform their contractual duties, should it result from force majeure circumstances that could not be predicted or avoided. These include but are not limited to the following: civil unrest, rallies, protests, strikes, war, imposition of the state of emergency, natural disasters, epidemics, blackouts, malfunction of computer equipment (including that caused by computer viruses), networks, communication channels etc. In this respect, if the Organizer has held the Event the Ticket to which was purchased by the Customer, but the Customer could not attend the Event due to force majeure circumstances, illness, anxiety, or late arrival which entitled the Organizer to deny the Customer admission to the Event venue, or for any other reason beyond the Organizer’s control, the Contract for Entertainment Service shall be considered properly fulfilled and the Ticket cost shall not be returned (refunded) to the Customer.
7.6. Any disputes between the Parties shall be settled though mandatory out-of-court dispute settlement procedure by sending a written claim. Any and all disputes between the Customer and the Organizer resulting from this Contract for Entertainment Service shall be settled by the competent court having the jurisdiction over the Organizer’s place of business. Any and all disputes between the Customer and the Agent resulting from this Contract for Related Services shall be settled by the competent court having the jurisdiction over the Agent’s place of business.