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Conditions of Use for Ticket Best Europe’s Ticket Sales System
1. TERMINOLOGY AND DEFINITIONS
1.1. The Conditions of Use are this standard form contract with the Agent governing the sale of tickets for cultural and entertainment events, published on the website www.ticketbest.eu;
1.2. The Agent (Ticket Best Europe - TBE) is the company Mandarin Production OÜ, located at Mustamäe tee 5, Tallinn, Harjumaa authorized on the basis of contracts with the Organizers to provide services for the advertisement, distribution, booking, printing, and sale of Tickets for various Events;
1.3. The Organizer is the legal entity that bears full liability for the administration, organization, and holding of the Event, and is also responsible for all conditions connected with the Event under all relevant contracts and agreements, these Conditions of Use, and the laws of the Republic of Estonia;
1.4. The Buyer (or Client) is a legal entity or individual who applies to the Agent for the purpose of obtaining tickets.
1.5. Events are cultural and entertainment events organized by the Organizer, such as theatrical or circus performances, concerts in concert halls, in clubs, or on open-air stages, exhibitions, film screenings, fashion shows, sporting competitions, excursions, or any other event that can only be attended with a valid ticket;
1.6. The Electronic Ticket (the Ticket) is an undamaged physical document (printed by the Buyer on an A4 sheet or collected from a point of sale) or an electronic document presented on a portable device (a smartphone or tablet). The Ticket includes the name of the Event, the time and location of the Event, and a number and bar code confirming the right of the document’s holder to attend the Event or, should the event be cancelled, to demand a refund for the ticket from the Organizer. The Ticket is drafted in the format developed by the Agent, and issued by the Ticket Best Europe automated system;
1.7. The Ticket Price is the price of the ticket set by the Organizer of the Event for all Buyers;
1.8. The Service Fee is the charge collected from the Buyer when the Ticket is purchased for the Agent’s services in (a) booking, drafting, printing, and selling the ticket, as well as the Agent’s services (b) in relation to the cancellation, substitution or postponement of the Event. The Service Fee is also charged for the purposes of (c) maintaining and improving the quality of Ticket Best Europe services, as well as (d) bank payment services. The Service Fee (5,5%+0,9 eur) does not include any tax on sales;
1.9. A Reservation is a drafted Order awaiting (for up to 30 minutes) payment by the Buyer;
1.10. An Order is an order for one or more tickets for one or more Events selected by the Buyer. The Agent reserves the right to limit the number of tickets in one Order;
1.11. Cancellation is the deletion of Tickets from an Order, with their immediate return to open sale. If an Order remains unpaid, then it is automatically cancelled 30 minutes after it has been submitted;
1.12. The Agent Service Agreement between the Buyer and the Agent is a contract entered into under these Conditions of Use, in accordance with which the Agent provides services for the sale of Tickets for an Event, and the Buyer provides compensation to the Agent for these services in the form of the Service Fee;
1.13. The Event Service Agreement between the Organizer and the Buyer is a contract entered into under these Conditions of Use in relation to the holding of the Event, in accordance with which the Organizer undertakes to hold the Event and to allow the Buyer to enjoy the Event at the place and time indicated on the Tickets, and guarantees the Buyer the right of admittance to the Event on the presentation of the Ticket.
1.14. The Agent’s Website is the website located at www.ticketbest.eu/lv/lt/ee/fi;
1.15. The Parties are the Agent, the Buyer, and the Organizer, unless otherwise stipulated herein;
1.16. A Point of Sale is the offices or other premises for the retail of Tickets belonging to the Agent and (or) the Agent’s partners, or third parties contracted by the Agent for the sale of the Tickets;
1.17. The Advertising Space is the spaces on the website www.ticketbest.eu and on the Tickets reserved for advertising;
1.18. An Advertiser is a company that displays for a fee its advertising on the Advertising Space of Ticket Best Europe.
2. GENERAL PROVISIONS
2.1. These Conditions of Use stipulate the terms and conditions for the sale of Tickets and the contractual obligations that, as a result of which, are incurred by the Parties. The Buyer’s use of the Agent’s services under the conditions herein shall be considered confirmation of the contract concluded between the Buyer and the Agent.
3. SUBJECT OF THE CONDITIONS OF USE
3.1. The subject of these Conditions of Use is:
a) the provision of services to the Buyer in relation to the sale of Tickets for Events
b) the conclusion of a contract with the Buyer on behalf of the Organizer
3.2. The Agent is a party to the contract indicated in Clause 3.1.(а) hereof (the Agent Service Agreement), and liable for the quality of services thereunder. The Agent has no rights or obligations under the contract indicated in Clause 3.1.(b) hereof (the Event Service Agreement), and shall no be liable for the quality of services provided thereunder.
4. FORM AND CONDITIONS OF ACCEPTANCE
4.1. The Buyer agrees and confirms that, before performing the actions that indicate their acceptance of these Conditions of Use, they have fully acquainted themselves with these Conditions of Use and any other mandatory regulations indicated in Clause 17.1 hereof. The Buyer agrees and confirms that they have fully understood the terms of these Conditions of Use and any other mandatory regulations, and are aware of the consequences of any failure to comply with them.
4.2. The Buyer shall confirm their acceptance by taking the following actions in the following order:
a) visiting a Point of Sale or the Agent’s Website;
b) choosing a specific Event and category of Ticket from those offered, and also providing their contact details (telephone number, email address, etc.)
с) submitting a Reservation and making Payment.
4.3. Performance of the actions indicated in Clause 4.2.(с) shall be recognized by the Parties as the full and unconditional acceptance by the Buyer of all conditions hereunder, without any reservation and/or limitation, equivalent to the conclusion of a contract.
4.4. When ordering a Ticket, should the Buyer fail to observe the conditions of the Agreements with regard to payment of the Price of the Ticket and the Service Fee (within 30 minutes), then the Agreements shall cease to have effect and the Order submitted by the Buyer shall be cancelled.
4.5. If an Order is submitted and paid for using the Agent’s Website, then a Ticket shall be sent to the Buyer. If the Buyer visits a Point of Sale, then the Ticket shall be paid for and issued in situ.
5. CONDITIONS FOR THE PROCESSING OF PERSONAL INFORMATION
5.1. The Buyer acknowledges and agrees that, by performing the actions indicated in Clause 4.2 hereof, they give their full and informed consent to provide the Agent with their personal information, specifically their surname, first name, telephone number, and contact email address.
5.2. The Buyer hereby acknowledges and agrees that the personal information indicated in Clause 5.1 hereof is furnished to the Agent for the purposes of providing services to the Buyer in accordance with the contracts stipulated in Clauses 3.1.(a). and 3.1.(b) hereof. The Buyer gives to the Agent their consent to the processing of the personal information provided during the submission of the Order and the purchasing of the Ticket, and in relation to the provision to the Buyer of the Services governed by these Conditions of Use, including for the purposes of sending information to the Buyer in the manner and under the conditions established herein. There shall be no limit to the time period in which the personal information provided may be used.
5.3. The processing of personal information shall encompass the gathering, classification, accumulation, storage, adjustment (updating or alteration), collation, use, anonymization, suppression, or destruction of such information. The Agent shall process personal information using the automated functions of the Website.
5.4. The Buyer hereby gives the Agent their full and informed consent to the Agent’s right to process the personal information indicated in Clause 5.1 hereof in the ways indicated in Clause 5.3 hereof, and also to transmit this personal information to the Organizer of the Event for which the Buyer has purchased a Ticket, for the purposes of informing the Buyer of other upcoming events.
5.5. The Buyer shall reserve the right to rescind at any time their consent to the processing of their personal information, to demand that the processing of their personal information cease, and to require the deletion and expungement of the personal information collected.
5.6. The Buyer’s personal information is processed in accordance with the effective legislation of the Republic of Estonia.
5.7 To read more in details, please follow the link: Privacy policy conditions.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Buyer shall have the right:
a) to freely take the decision to purchase Tickets by fully and unreservedly accepting these Conditions of Use;
b) to freely choose the means of payment for the Ticket(s). Furthermore, the Buyer confirms and agrees that they are obliged to duly and independently acquaint themselves with the rules of making payment by whatever means they choose;
c) to at any time withdraw their consent to the processing of their information, and also demand the deletion and expungement of their information from the Ticket Best Europe system. The Buyer shall have the right at any time to cancel their subscription to Ticket Best Europe’s newsletters by following the relevant instructions contained within all newsletters.
6.2. The Buyer shall be obliged:
a) to acquaint themselves fully with these Conditions of Use;
b) to strictly observe all conditions hereunder and under the Agreements;
c) to pay in full the Ticket Price and the Service Fee in accordance with the conditions of the Agreements before receiving the Ticket(s);
d) to acquaint themselves with the rules governing the attendance of the specific Event for which a Ticket is purchased;
e) to fully check, when submitting an Order, the correctness of all information on a Ticket that is relevant to the performance of the Contract for Provision of Services regarding the holding of the Event. The Buyer acknowledges that they have no claim on the Agent or the Agent’s staff concerning incorrect information on a Ticket that results from a failure to properly verify information during the booking process.
f) controll if the payment was done correctly and the e-Ticket recieved. In addition checking the folders "Spam" and "Promotions" in mailbox. However, if the Buyer checked everything and did not find the e-Ticket, we recommend sending an inquiry to the address info@ticketbest.ee.
6.3. The Agent shall have the right:
a) to refuse to sell a Ticket to the Buyer without the Buyer’s full and unconditional acceptance of these Conditions of Use;
b) to require the Buyer to observe the conditions hereof, and of the Agreements;
c) to perform both scheduled and unscheduled modification, replacement, or reinstallation of Website software; to suspend the functioning of Website software upon the discovery of defects, errors, and/or bugs, or for the purposes of performing maintenance works or preventing unauthorized access to the Website;
d) to set and to alter the prices of its services (the Service Fee) under the Contract for Provision of Services unilaterally and at any time;
e) The Agent shall not be liable for the functioning and/or security of information channels used by the Buyer to access the Agent’s Website..
6.4. The Organizer shall be obliged to:
a) provide the Agent with the information necessary to organize advance sales of Tickets and release Tickets for sale;
b) ensure the advertisement and/or inclusion of the name and/or trademark (logo) of Ticket Best Europe on all print media and in all radio or television advertising related to the Event that includes information concerning the sale of Tickets. Should the Organizer wish to feature the Ticket Best Europe network more prominently in advertising, they should use the phrase “At Ticket Best Europe sales points and online at www.ticketbest.ee”. Ticket Best Europe branding and logos are available on the Website;
с) to accept Tickets issued by Ticket Best Europe from Buyers at the entrance to the Event;
d) should the Event be cancelled, or should the time, place, or performers of the Event be changed, or the Event be substituted with another event, to refund the Buyer for the Ticket(s).
e) The Organizer bears full liability before the Buyers of the Tickets and third parties for the holding of the Event, as well as the advertising, information, or any other conditions and content connected with the Event. Equally, any expenses or damages resulting from the cancellation of the Event shall be born by the Organizer. Any claims resulting from the aforementioned shall be satisfied by the Organizer. In the case that the Event does not take place, is postponed, is held at a different location, or is substituted with a different event, Ticket Best Europe shall not be liable to refund or reissue the Tickets. The refunding or other compensation of Tickets shall be performed by the Organizer unless otherwise specifically agreed in writing by the Agent.
7. MEANS OF PAYMENT
7.1. No Ticket shall be issued to the Buyer until the Ticket Price and the Service Fee have been paid in full.
7.2. The Buyer shall be entitled to make payment in the following ways:
a) in cash at a Point of Sale;
b) electronically by means of a bank (credit or debit) card (cards of the following systems are accepted for payment: Visa, Master Card);
7.5. The Buyer shall be deemed to have fulfilled their payment obligations under the Agreements once they have transferred the necessary funds to the Agent’s bank account or paid in cash at a Point of Sale.
7.6. The Buyer confirms and agrees that, in the event of non-payment or incomplete payment, they shall not be entitled to receive the Ticket(s).
7.7 On-line bank payment. To offer easy and fast direct bank transfers, we have partnered up with Maksekeskus company. To read more in deatails, please follow the link: Rules of order.
8. METHOD AND CONDITIONS FOR THE REFUND OF MONEY
8.1. The Agent shall not be held liable before the Buyers of the Tickets and third parties for the holding of the Event, as well as the advertising, information, or any other conditions and content connected with the Event. Equally, any expenses or damages resulting from the cancellation of the Event shall not be born by the Agent.
8.2. The return of Tickets and refunding of money as a result of the cancellation, substitution, or postponement of an Event only, shall be handled by the Agent subject to receipt of official written notice from the Organizer and the conclusion of a separate written agreement with between the Organizer and the Agent. Tickets will only be refunded if bought at Points of Sale, through the Agent’s Website, or at sites indicated in the official written notice from the Organizer, a list of which shall be displayed on the Agent’s Website and/or at Points of Sale.
8.3. If the conditions stipulated in Clause 8.2 are observed, the refund of monies in the amounts agreed shall be performed in the following way:
a) transfer of funds to the bank account of the Buyer within 30 (thirty) days of a claim being submitted through the Website. Refunds can only be issued to the party who directly paid the Ticket Price, i.e. to the bank account from which payment was made.
b) in order to receive monies at a Point of Sale, the Buyer shall have to present the original copy of the accountable form issued for the Ticket to be refunded.
8.4. If a refund is issued for Tickets as a result of the cancellation, substitution, or postponement of the Event, the Buyer will be returned the Ticket Price only. The Service Fee shall not be subject to refund on the provision that the Agent has fulfilled their obligations before the Buyer and the Agent Service Agreement has been fully performed. Monies in the amount stipulated shall be refunded at the place and in the period specifically stipulated at Points of Sale and on the Website.
8.5. The Buyer acknowledges that they do not retain the right, in accordance with Clause 72 Section 4 Article 53 of the Law of Obligations Act, of refusal of the Contract if during the conclusion of the Contract a service is indicated as pertaining to a particular date or time period. The Buyer recognizes that in buying a Ticket they do not retain the right to cancel and/or return the ticket free-of-charge and irrespective of reason within 14 (fourteen) days of purchase.
8.6. Refunds will not be issued for lost, spoiled, or unused tickets.
8.7. Should the Buyer refuse to accept a Ticket that they have paid for, the sum of the Service Fee shall not be subject to refund on the provision that the Agent has properly fulfilled their obligations.
8.8. The Buyer accepts and agrees that information displayed at Points of Sale and on the Website shall be considered official information concerning the cancellation substitution, or postponement of an Event.
9. SPECIFIC CONDITIONS IN RELATION TO MINORS
9.1. All Events are subject to classification according to age limitations.
10. SPECIFIC CONDITIONS REGARDING TICKETS (ELECTRONIC TICKETS)
10.1. The Buyer accepts and agrees that Tickets can only be bought for Events specifically indicated by the Agent on the Website and at Points of Sale. The Buyer cannot demand that Tickets be issued for Events not indicated by the Agent.
10.2. For the purposes of admittance for the Buyer to the Event, a Ticket printed by the Agent (sold at a Point of Sale) and a Ticket (sold on the Website) printed by the Buyer on an A4 sheet or presented on a portable device (smartphone or tablet) are recognized as of equal value and granting the Buyer equal rights to attend the Event.
10.3. After the full cost of the Ticket has been paid, the Buyer shall independently print their Ticket, access to which will be available in the Buyer’s personal account of the Website and/or sent to the Buyer’s email address as indicated when submitting the Order. When printing the ticket, the Buyer shall ensure that the print quality of the Ticket is adequate. If the obligations stipulated in this clause remain unfulfilled or improperly fulfilled, the Buyer shall be fully liable for any consequent action or inaction, including being refused admittance to the Event by the Organizer. The Agent shall not be held responsible for any losses whatsoever that the Buyer may incur as a result of infringing the conditions of this clause, as the Agent is not a party to the Event Service Agreement.
10.4. The Buyer must have their Ticket with them when attending the Event.
10.5. The Buyer shall be solely responsible for storing the Ticket and protecting it against copying. Should a ticket be copied, admittance will be granted to the holder of the copy of the ticket presented first.
10.6. Services shall be considered provided duly and in full once the Ticket has been sent to the Buyer at the email address indicated by them when submitting the Order.
11. LIABILITY
11.1. In the case of failure to perform or improper performance of the obligations under these Conditions of Use and under the aforementioned Agreements, the Parties shall be held liable in accordance with the laws of the Republic of Estonia and the terms of these Conditions of Use and the aforementioned Agreements.
11.2. The liability of the Agent in relation to the Buyer shall be limited to their liability under the Agent Service Agreement, and shall exist only in the framework established by these Conditions of Use.
11.3. The Buyer shall assume all possible risks connected with any mistakes, inaccuracies or omissions committed by them when submitting the information necessary for the issuance of a Ticket.
11.4. When issuing Tickets at concessionary prices, Ticket Best Europe does not confirm the validity of the conditions necessary to receive a concession. Purchase of a Ticket at a concessionary price does not alone guarantee admittance to an Event. The Buyer’s right to admittance to the Event at a concessionary price shall be assessed at the site of the Event.
11.5. The Agent shall bear no liability for any losses or damages incurred by the Buyer as a result of misunderstanding or failure to understand information concerning the submission of (and payment for) an Order, the receipt of Tickets, attendance at the Event, or the acceptance and enjoyment of services under the Agreements.
12. LIMITS TO AND EXEMPTION FROM LIABILITY
12.1. The Buyer accepts and agrees that under no circumstances shall the Agent, their staff, sponsors, agents, representatives, partners or any other parties, including parties acting on behalf of the Agent, be held liable for any direct or indirect losses resulting from the sale of a Ticket or receipt of the services provided by the Agent, or resulting from unauthorized access to the Buyer’s personal information, including any loss of potential profit.
12.2. The Agent shall not be held liable for the cancellation, substitution, or postponement of the Event, nor for the Buyer’s right of admittance to the Event should the Buyer breach the terms of these Conditions of Use and/or the Agreements, nor for any non-performance or improper performance of the Event Service Agreement, in so far as the Agent is not a liable party in the agreement made between the Organizer and the Buyer that results from the purchase of a Ticket by the Buyer.
12.3. The Buyer shall be liable for the non-performance and/or improper performance of the terms of these Conditions of Use and the Agreements in the cases, in the form, and under the conditions stipulated herein and by the laws of the Republic of Estonia.
12.4. The Agent shall not be liable for any discrepancies between the services provided by the Organizer and the expectations and/or subjective evaluation of the Buyer. Advice and recommendations provided to the Buyer by third parties or others cannot not be considered any form of guarantee and cannot impose any obligations on the Parties.
12.5. The Parties shall be freed of any liability for the non-performance or improper performance of their liabilities under these Conditions of Use and the Agreements in the event of any force majeure circumstances, i.e. circumstances of an objective character that occur without the volition of the Parties after a contract has been concluded on the terms of these Conditions of Use. Force majeure circumstances shall include, but not be limited to, strikes, floods, earthquakes, hurricanes, other natural disasters, acts of war (at a local or international level), disease and/or indisposition of the artists scheduled to perform at the Event, industrial or man-made disasters, actions by agencies of national and local government, and also the actions (or inaction) of parties contracting with the Agent that impede, without disproportionate loss, the proper performance of the contracts concluded under these Conditions of Use
13. RIGHTS TO INTELLECTUAL PROPERTY
13.1. The exclusive rights to intellectual property (the results of intellectual activity), including but not limited to: information, press releases, descriptions, drawings, images, text, slogans, software, audio and video materials, trademarks, and service marks (hereinafter “the Information”) displayed on the Website, Tickets, press releases, advertising, other informational materials, and any other media regardless of the form in which they are presented belong to the Agent, their authorized representatives and other contracted parties, sponsors, partners, representatives, or any other parties acting together with or on behalf of the Agent. The Buyer shall not have the right to use the aforementioned intellectual property on any basis or in any form. The Agent cannot guarantee and cannot be held liable for the quality of the Information, with the exception of that information which concerns the services directly provided by the Agent.
13.2. In respect of the provisions of Clause 13.1, when providing links to sites on the Internet belonging to third parties, the Agent bears no liability for the content of such sites. The presence on the Agent’s Website of links to sites owned by third parties does not indicate, assume, or suggest that the Agent approves or recommends the content of such sites not belonging to the Agent.
13.3. The Buyer undertakes not to make audio, video, or photographic recordings at Events without the necessary permission to do so from the Organizer of the Event.
14. DISPUTE RESOLUTION
14.1. All disputes and disagreements occurring as a result of the performance, non-performance, and/or improper performance of the terms of these Conditions of Use and the Agreements shall be resolved with strict observance of the complaints procedure. The Party that believes their rights have been infringed shall address their complaint to the other party in simple written form, attaching properly authenticated documents to substantiate the stated claims, within 14 days of the date on which the dispute arises.
14.2. If the time period for submitting complaints stipulated in Clause 14.1 is not observed, the complaint will not be considered.
15. ENTRY INTO FORCE OF AND CHANGES TO THE CONDITIONS OF USE
15.1. These Conditions of Use come into force from the moment they are first displayed on the Agent’s Website and remain valid indefinitely. The provisions of this clause apply equally to any alterations and/or additions to these Conditions of Use.
15.2. The Agent retains the right at any time to make alterations to these Conditions of Use. The Buyer’s use of the Agent’s services at any time after such alterations have been made shall constitute acceptance of these Conditions of Use with said alterations incorporated.
16. ALTERATION OR ANNULMENT OF THE AGREEMENTS
16.1. Alterations to these Conditions of Use in accordance with Clause 15.2 hereof shall entail corresponding alterations to the terms of the Agreements. By continuing to use the Agent’s services without registering any objection to such alterations hereto within 1 (one) day of their coming into force, the Buyer agrees to the corresponding changes in the Agreements. The Buyer shall not have the right to appeal to their ignorance of such alterations (additions) or of their coming into force.
16.2. The Agent has the right, unilaterally, at any time, and without prior notice to the Buyer, to repudiate the Agreements should the Buyer breach the provisions of these Conditions of Use, the Agreements, and/or any other rules published on the Website. Any monies paid by the Buyer under the Event Service Agreement shall not be refunded and shall be considered a penalty imposed on the Buyer as a consequence of their violation of the terms of these Conditions of Use or the Event Service Agreement.
16.3. In cases where the Agent Service Agreement has been fully and properly executed, the provisions of Clause 16.1 and 16.2 shall apply only to the Event Service Agreement.
16.4. The Buyer accepts and agrees that annulment of the Agreements (the Event Service Agreement) in accordance with Clause 16.2 shall entail the right of the Agent to sell a Ticket equivalent to the Ticket purchased by the Buyer to another party under these Conditions of Use or any other conditions established by the Agent. After the Agreement (or Agreements) has been annulled, the Buyer shall not have the right to use the Ticket in any way whatsoever, including in an attempt to gain admittance to the Event.
17. FINAL PROVISIONS
17.1. Unless otherwise established hereby, any rules published on the Wesbite shall apply to the relations between the Parties. Observance of such rules shall be considered mandatory. The Buyer’s acceptance of the terms of these Conditions of Use, and the conclusion by the Buyer of the Agreements, shall be deemed as their full and informed agreement to observe such rules.
17.2. Unless otherwise established hereby, the Parties shall be governed by the laws of the Republic of Estonia. The laws of the Republic of Estonia are the legislation governing the relations of the Parties hereunder and under the Agreements.