According to p. 633, 638, 641 of the Civil Code of Ukraine, this Agreement is a public agreement and in case of acceptance of setting forth terms, any able-bodied individual, individual- employer, or legal entity becomes a part of this Agreement and is obliged to fulfill all its conditions.
This Offer comes into force from the moment of its publication on the web following the link: https://melnitsa.org/, is indefinite and is valid till its withdrawal by the Organizer. The parties shall determine the Place of this Agreement conclusion is the location of the Organizer.
1. TERMS DEFINITIONS
In this document the following terms and definitions are used both in the singular and in the plural having the following meanings:
1.1. «Agreement» — public agreement (offer), addressed to any individual and/or individual-employer and/or legal entity to conclude the public agreement on the providing entertainment and/or related services by purchasing a ticket on the basis of this Offer’s terms. The Agreement is published by the Organizer by the web address: melnitsa.org (hereinafter used as Agreement or Offer depending on the context).
1.2. «Acceptance» - full confirmation and unconditional acceptance of the terms of this Offer by the Purchaser.
1.3. «Site» - melnitsa.org - web-site, is a trading platform which gives the opportunity to purchase a Ticket to an Event.
1.4. «Organizer» - is a Limited Liability Company that operates professional activities providing the Entertainment service by organizing an Event. The Organizer has all the necessary rights for the organization and arranging an Event.
1.5. «Purchaser» - an individual who reached adult age following the legislation of the country, the individual’s citizenship and/or an employer and/or a legal entity to whom the Organizer provides services for selling Tickets on Events on the basis of the terms of this Offer.
1.6. «Spectator» (listener) - a person who attends an Event directly by himself with a Ticket presenting it on the control point and consumes the Entertainment service. The Purchaser or other persons.
1.7. «Ticket» - a document on an electronic-digital form which confirmed the conclusion of an agreement between a Purchaser and an Organizer and the right of the Spectator to the one-time visit (a passage, viewing, listening) of the Organizer’s Event. It contains a barcode, cost, Event’s name, place, date and time of the Event and other additional information of legal and technical type.
1.8. «Barcode» – a code generated by a system that is assigned to a Ticket and identifies it.
1.9. «Nominal ticket price» - is a cost of a Ticket set by the Organizers for all Purchasers.
1.10. «Ticket Price» (order) - the total amount of Nominal Ticket cost and Related services.
1.11. «Event» — a cultural-entertainment event arranging by the Organizer included but not limited to theatrical play, concert, festival, show and any other set of activities aimed at organization the provision Entertainment service at indicated place and time, combined by one single aim and character, which can be visited only by presenting a special document - an Electronic ticket.
1.12. «Order» - a chosen by a Purchaser Event, for which a Purchaser wants to purchase a Ticket from the Organizer, for this a Purchaser agreed with all terms of the Offer, chooses such Event among the available for sale on a Site, a seating place/places, a method of Ticket payment; in regards which a Purchaser received from the Organize a confirmation about TIcket Price, all possible methods of its booking/reservation/purchasing, size of related Services, and made such its booking/reservation/payment. An order along with other information contains total amount, date and time of an order/payment and other related data. The order is formed taking into account the amount of established taxes and fees established by the current legislation of Ukraine.
1.13. «Building» - means a building or other designated object for implementation of an Event (including but not limited to theater, stadium, club, center, hall and other). A building may or may not have a separate room in which the Event is held (as an example in case when it does not have - the Event is held outdoors).
1.14. «Spectacular service» - is a cultural service provided to a Purchaser by the Organizer within the bounds of an Event, in the direct presence of a Spectacular on such Event.
1.15. «Related services» - are services which connected inextricably with the process of selling Ticket and which are provided by the Organizer for compensation the cost of financial transactions (acquiring) and are consumed by a Purchaser during such sale of a Ticket directly.
1.16. «Rules of stay (hosting) at a Building/Event» - are the regulations and rules of a Building/Organizer, established for the Spectators during their stay in a Building/on an Event.
1.17. «Personal data» - is information or complex of information about an individual, who is identified within these data or may be identified specifically (including but not limited: surname, name, sex, contact phone number, city).
2.1. The current Agreement (Offer) regulates the terms and conditions of Ticket sales, as well as the rights and obligations arising in regards to this from the Purchaser and the Organizer.
2.2. The sale of the Tickets to the Purchaser (including electronic tickets) is carried out exclusively on the terms of this Offer and only in case of full and unconditional acceptance by the Purchaser of all terms of this Offer (Offer acceptance). Partial Acceptance as well as Acceptance based on other terms are not allowed. The Purchaser’s use of the Organizer’s service on the proposed in this Offer terms, indicates the conclusion of this Agreement between them.
2.3. If a Purchaser doesn’t accept in full the terms of this Offer, the sale of the Tickets (including Electronic tickets) is not carried out. Tickets purchased by the Purchaser are non-refundable in case the Purchaser does not agree with the terms of this Offer. Refunds of the cost for the purchase by the Purchaser Tickets may be conducted only in order and terms established by this Offer.
2.4. When purchasing Tickets from the Organizer by a legal entity or by a private entrepreneur, the payment for the Tickets can be held only by transferring funds on the Organizer's bank account based on the invoice issued by the Organizer.
2.5. The terms of this Offer can be changed by the Organizer without any prior notice and/or confirmation of the Purchasers. The new edition of the Offer comes into force from the moment of its posting (publishing) on the Organizer’s Site unless otherwise is not foreseen by the new edition of the Offer. The Purchaser’s use of the Organizer’s service after the changes to text of the Offer was made, means the Acceptance of the Offer taking into account all changes.
2.6. The Organizer has the right to terminate the Offer anytime without prior notice to a Purchaser in case Purchaser violates the terms of this Offer and other rules.
3. SUBJECT OF THE AGREEMENT
3.1. Under the conditions specified in this public proposal (Offer) as well as the essential conditions stipulated and confirmed by the parties in a separate Order:
3.1.1. Between the Organizer and a Purchaser the agreement is concluded for the provision of an Entertainment service, according to which the Organizer undertakes to provide to a Purchaser the right for attending an Event and consuming of Entertainment service on which a Purchaser purchasers a Ticket from the Organizer and a Purchaser is obliged to pay to the Organizer the cost of such Entertainment service (hereinafter - the Spectacle Service Agreement).
4. GENERAL CONDITIONS
4.1. This Offer contains the conditions under the consent and observance of which a Purchaser can purchase the Entertainment and Related services by purchasing a Ticket from the Organizer and the effect of which is extended on all methods of the Purchaser’s order and forms of its payment.
4.2. In the result of purchasing a Ticket on the Event between Purchaser and Organizer the Agreement is concluded for the provision of an Entertainment service specified in the Ticket. Purchased Ticket from the Organizer for the Event of the Organizer is confirmed the Organizer’s obligation to a Purchaser: to provide access the Spectacular in mentioned in the Ticket terms of organizing the Event, the place where the Event is located, within the aim of consumption of the Entertainment service by the Spectator.
4.3. To consume the Entertainment service, a Purchaser/a Spectator must take all necessary measures that depend on him such as:
4.3.1. order and pay for the Ticket (the procedure is described in a separate section of this offer).
4.3.2. get a Ticket by the methods specified by section 8 of this Offer.
4.3.3. come in time to the Building in which the Event is held, come through control scans (presenting the Ticket before it is scanned) and if the separate place is indicated in the Ticket - take this seat. Unless otherwise specified in the Organizer's conditions, which are stipulated while ordering the Ticket. Access the Spectators to the Building, in which the Event is being held, is open one hour prior to the announced showtime of the Event and is continuing till the very start of the Event. It is possible to pass to the Event only once (the Ticket can be scanned only one time - after that this Ticket becomes invalid). In case if a Spectacular after passing the control scans leaves its territory, the second entry by the Ticket and access to the Spectator to the Event will be not possible, even presenting the Ticket. The scheduled start of the Event is stipulated while ordering the Ticket, and indicated in the Ticket. In the event when the Spectator due to his fault or initiative does not arrive on time at the Building and/or not and/or doesn’t pass the control and/or by the start or the end of the Event leaves the Building, the Organizer under the condition that he arranged the Event, is considered to have duly fulfilled the terms of this Entertainment Service Agreement (gave to the Purchaser access to the Event, and the opportunity to use the Entertainment service), and is not liable to the Spectator or/and the Purchaser for failure to receive the Entertainment Service by such Spectator or/and the Purchaser (in such case the cost of the ticket is non- refundable by any circumstances).
4.3.4. do not leave on its own initiative the Building until the Event is ended. In case when Spectator leaves the Event by his own initiative before the Event ends and under the term that the Event complies to the Event pointed out in the Ticket, the Entertainment Service is considered as provided/consumed by the Purchaser/Spectator in full and properly (in such case the cost of the ticket is non refundable by any circumstances).
4.3.5. do not violate the Rules on the stay in Building/ on the Event established by the Organizer and/or by the Building. Such Rules on the stay in the Building/on the Event are pointed out in the Ticket partly and may be supplemented/changed by the Organizer and/or Building;
5. TICKET ORDERING PROCEDURE (CONCLUSION OF AN AGREEMENT)
5.1. Proceeding an order the Purchaser confirmed that he is familiar with all terms of this Offer, Rules on the stay in the Building/on the Event, such terms are understandable for him, and he undertakes to comply with them in full and properly.
5.2. Tickets can be ordered as follow:
5.2.1. on-line: from web-browser passing to the Site and the procedure of Ticket’s ordering and payment;
5.3. The procedure of Ordering a Ticket of the Organizer (agreement and confirmation of the consent of each party with all essential and additional terms of the agreements that are concluded) includes the passing by the parties of the following obligatory stages:
5.3.1. selection by the Purchaser the specific seating place for the selected Event, the Ticket on which he is willing to purchase, and which is on open sale of the Organizer (ie which is not reserved and sold at the moment of implementation of the Order);
5.3.2. confirmation by the Purchaser the consent of purchasing of the selected Ticket by confirming the agreement with the finally formed amount of the Order (Ticket Price). Such confirmation is made by the Purchaser by clicking the appropriate button which contains agreement confirmation by ordering through the Site. Such confirmation of the Purchaser is considered to be his full consent to the terms of purchase of selected Entertainment service of the Organizer. By making such confirmation, the Purchaser thus confirmes unequivocally that he has received timely and in advance all necessary, accessible, reliable and ambiguous information provided by the Law of Ukraine “On Consumer Protection'' about the Entertainment service and Related services, which provides with the opportunity of their conscious and competent choice, and such information is totally understandable, acceptable and sufficient in form and volume for him.
5.4. After paying the Order and receiving the Ticket, between the Organizer and the Purchaser the Entertainment Service Provision Agreement is concluded.
Such a Spectacular Service can be received by the Spectator (ie the Purchaser or a third party, in case of conclusion the agreement by Purchaser in favor of a third party), who is presenting by the entrance in the Building in which the Event is held the valid Ticket for the control.
6. RULES OF ACCEPTANCE
6.1. The Order is considered completed and this Offer is fully and voluntarily accepted (Accepted) by the Purchaser on the terms provided by the Offer and the specific Order, after the implementation of all actions outlined in p.5.3. of this Offer, in the moment of full payment by the Purchaser the cost of Ordered Tickets.
6.2. By accepting this Offer the Purchaser guarantees and confirmes that he received the necessary, understandable, accessible and reliable information in time (ie before purchasing a Ticket) about ordered by him Entertainment services, including the name of the Event, the names (aliases) of the artists, about use or non-use of phonograms, Nominal Ticket price, the procedure and conditions of its purchase, use, refund, bank fee and a fee of payment systems for transferring the money, as well as the identity of the Organizer and that such information was perceived correctly by him and allowed him to make a conscious and competent choice and make an Order.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. THE PURCHASER HAS THE RIGHT:
7.1.1. Independently receive the information about the cost of the Tickets on the Events, amount of Fee Commission on the services and the cost of Additional services provided by the ticket agents, and based on the information received decide on purchasing Tickets from the Organizer.
7.1.2. Receive the information about the rules of the Tickets sales, available ticket categories and other information concerning the Events owned by the Organizer using the methods specified on the Site.
7.2. THE PURCHASER IS OBLIGED TO:
7.2.1. Indicate only complete and reliable information about yourself, the chosen method of payment and other data specified when ordering a Ticket. When the Purchaser’s Order is not fulfilled/executed incorrectly, inaccurately of incompletely due to erroneous, inaccurate or incomplete data about the Purchaser, his bank details made by a Purchase while ordering or its payment - the Organizer is not responsible for non-fulfillment or improper fulfillment of obligations under the relevant Order.
7.2.2. Read in detail all the rules of this Offer and accept them purchasing a Ticket as well as all other additional rules governing the obligations of the Parties due to this Offer.
7.2.3. The Purchaser has the right to refuse to purchase a Ticket from the Organizer until the payment of the Order is made in accordance with the terms of this Offer. Such refusal will entail the termination of all obligations of the Organizer before a Purchaser.
7.2.4. A Purchaser is solely responsible for the children in whose interests he buys a Ticket.
7.2.5. Pay the cost of the Tickets in full.
7.2.6. Adhere to the Rules of staying in the Building/on the Event.
7.2.7. Do not post, publish, transmit or distribute messages that may be criminal or cause any harm to the Organizer and other Purchasers.
7.2.8. In order to prevent the use of purchased Ticket by a third party, a Purchaser/a Spectator is obliged to make every effort to ensure that such Ticket or the information on it could not be obtained by third parties, including not making copies of the Ticket and not to disclose the bar-codes of the Ticket under any circumstances.
7.3. THE ORGANIZER HAS THE RIGHT:
7.3.1. Require from the Purchaser to follow all the registration and payment procedures of the Order due to the Rules outlined in this Offer.
7.3.2. In case the Purchaser refuses to accept the terms of the current Offer, refuse the Purchaser in selling the Ticket to him.
7.3.3. Request from the Purchaser to fulfill the obligations imposed on a Purchaser/a Spectator according to the terms of this Offer.
7.3.4. Refuse the Purchaser to sell a Ticket to him if the Purchaser violates the terms of the purchase order.
7.3.5. Modify or terminate this Offer unilaterally. Such change or suspension of this Offer is not applied to Orders made before such changes that were accepted before execution.
7.3.6. Modify any software of the Site. Shut down the software that ensures the Site operation, to identify the malfunctions, errors and failures as well as in order to carry out preventive work and prevent cases of unauthorized access. The Organizer is not responsible in any case for the inoperability of the connection channels through which the Purchaser connects to the Site.
7.3.7. Refuse in conclusion with a Purchaser an Agreement of Entertainment Services when a Purchaser does not fulfill any of terms of this Offer.
7.3.8. Involve third parties to fulfill the obligations according to this Agreement.
7.3.9. Change the prices on the unordered (not reserved) and not paid Tickets.
7.3.10. Change the location of the stage along with spectators areas in the Building where the Event is taking place.
7.4. THE ORGANIZER IS OBLIGED TO:
7.4.1. Provide the Purchaser/ Spectator in whose interests the Purchaser concluded the Agreement of Entertainment Services (p.3.1.1.), the Entertainment service in the place and time indicated in the Ticket
7.4.2. Provide the Purchaser all necessary information about the conditions of stay on the Building/on the Event.
7.4.3. The Organizer is obliged to ensure the admission to the Spectator, who presents the valid Ticket by the entrance to the Event to receive the Entertainment service by him, when such Spectator follows the Rules on the stay in the Building/on the Event. A Ticket purchased by the Purchaser is considered as valid in case when it was not redeemed by anyone before the Spectator passes the entrance control and returns on free sale.
8. RECEIVING THE TICKETS BY THE PURCHASER
8.1. Transfer of the Tickets to the Purchaser is carried out only in case of full payment the Cost of the Ticket, Related services at the Purchaser’s choice by following ways: to the Purchaser’s mailbox the Organizer forwards an email as an attachment to this letter is the E-ticket with unique bar-code.
9. SPECIFIC REGULATIONS CONCERNING ELECTRONIC TICKETS
9.1. When purchasing an Electronic Ticket, in any case, the Purchaser is obliged to report his actual email address, phone number, as well as his surname and name as the Ticket recipient (in some cases the passport’s data is indicated if there are such requirements according to the Laws of Ukraine and/or the Organizer). In case of non-provision of such information (actual and valid email address, phone number, surname and name of the Purchaser and the Ticker recipient, passports data), as well as in case of false of non-relevant information, the Organizer has the right to refuse the Purchaser to purchase an Electronic Ticket.
9.1.1. In case when the Purchaser reports non actual information about yourself while purchasing the Ticket, in such case the Organizer is not responsible for the quality and promptness of the providing the Entertainment services.
9.2. The Purchaser accepts and agrees that he is fully responsible for notifying (giving) false and non-actual email addresses.
9.3. An electronic ticket is sent to the Purchaser at his email address only in case the Purchaser complies with the terms of this Offer about the payment of the Ticket cost and Related services.
9.4. The Purchaser is obliged to print an Electronic ticket by himself at his own expense. While printing an Electronic ticket the Purchaser must ensure proper quality of the print copy of an Electronic ticket (readability of all details). In case of non-fulfillment or non-proper fulfillment of the obligations established by this clause, the Purchaser is fully responsible for such actions (non-actions), including in case of refusal by the Organizer of the Event to enter the Event in connection with non-proper quality of the copy of Electronic ticket.
9.5. The Purchaser has the right if allowed by the Organizer of the Event while passing to the Event to present an Electronic ticket stored in the memory of a technical device that belongs to the Purchaser, provided that such device allows the possibility of displaying this document for control (scanning) by access control system at a place of the Event.
9.6. The Purchaser is solely responsible for the preservation and protection of the bar-code of an Electronic ticket from its copying. In case of copy (lose, etc) of a bar-code, the access to the Event will be open only one time by the Ticket which was presented for scanning at first (these conditions apply for the printed tickets).
9.6.1. The Purchaser agrees that if he fails to protect the bar-code from copying, in such case the Organizer is not responsible for attending the Event the person who is the first resorts the bar-code and is not the actual Purchaser or a Spectator.
10. AGREEMENT TERMINATION PROCEDURE
10.1. The order in terms of conclusion of the Agreement about the provision of Entertainment service is not fulfilled and does not require any additional action from Purchaser’s and Organizer’s sides, about its cancellation (termination, suspension) if : the Purchaser is not confirmed to the Organizer his consent to purchase of Ticket chosen by him (c.5.3.2).
10.2. The order is considered canceled at the initiative of a Purchaser, and obligations of the parties according to the Agreement on Entertainment service between the Organizer and the Purchaser are suspended if:
10.2.1. The Purchaser has not paid the Ticket Cost after the confirmation of the Organizer the possibility of purchasing a Ticket when order is carried out by the Purchaser through the Site;
10.2.2. The spectator has not come at the scheduled time of Event start and/or has violated the Rules of attending in the Building/on the Event, therefore was not admitted on the Event, or was escorted out from the Building by the security of the Organizer or the Building till the end of the Event, and/or lose a Ticket and as a result was not able to receive an Entertainment service in full or partly. In this case, a Ticket Price paid by the Purchaser is non-refundable.
10.3. The orders in part s.3.1.1. of this Offer (Entertainment Service Agreement) are considered canceled at the initiative of the Organizer, and obligations of the parties according to the Agreement on Entertainment service between the Organizer and the Purchaser are suspended if:
10.3.1.The Organizer canceled the Event (what he announced openly and publicly or notified about this the Purchaser);
10.3.2. The Organizer did not hold the Event at the place and time specified in the Ticket, as a result the Purchaser who came on time to the Building where the Event should be held, and had no possibility to receive ordered by him the Entertainment service due to the Organizer;
10.3.3. After the Ticket was purchased, the Organizer postponed the date of Event, or mad other crucial changes to the Event indicated in the Ticket, what he announced openly and publicly and/or notified about this the Purchaser, except the cases when the postponement of a date of the Event is a result of the force-majeure, accrued after the conclusion of current Offer and which the Parties could neither foresee nor warn by appropriate measures, if a Purchaser doesn’t agree with such changes and wants to return a Ticket to the Organizer without change on other Ticket of the Organizer.
10.4. In the cases specified in s.10.3. of this Offer the Purchaser who didn’t receive an Entertainment service, has the right to demand from the Organizer a refund of Nominal Ticket Cost due to terms of section 11. The Cost of Related Services provided by the Organizer is non-refundable.
11.1. Refunds to a Purchaser are carried out only in cases of cancelation of an Event by the Organizer except the cenellation mentioned in section 13.
11.1. The Organizer refunds only the Nominal ticket Cost.
11.2. Procedure for refunding money to a Purchaser in the case when an Order is paid (Tickets): a Purchaser is obliged to fill the form provided by the Organizer for each separate Event, adding (photo and/or scan copy) the application form containing a surname, name, a registration number of taxpayer card - identification person number (IPN) of the applicant , a name of the Event, the quantity of the tickets (its bar-codes), Nominal Tickets Cost and a number of bank card (indicating PIP of the cardholder - on this card will be made a transfer of funds), date and signature, as well as copy of the identity document.
11.3. By implementing an Order, a Purchaser confirmed that he is fully acquainted and understands the reasons for its cancellation, termination of contracts, refusal from an Entertainment service the Organizer and he accepts such conditions without any notice. A Purchaser has no right to refund the Ticket Price, paid by him using the payment system, by declaring such payment invalid, including due to non-provision of the Entertainment service by the Organizer.
12. PERSONAL DATA
12.1. By implementing an Order, a Purchaser provides the Organizer his own Personal data and/or personal data of third parties (the Spectators, etc) - by ordering a Ticket through the Site. By providing such personal data a Purchaser grants the Organizer an indefinite, irrevocable and gratuitous right to process them by any way including but not limited, accumulating, owning, storing, adapting, modifying, updating, using, deleting of such personal data. These actions can be carried out in the following ways: in documents, in electronic, in oral forms.
12.1.1. If a Purchaser provides personal data of other persons while making an Order, a Purchaser hereby confirms that he has previously received permission from them for transferring to the Organizer, indefinite storage, using and the processing of their data by the Organizer. The right to use and process personal data received from Purchaser including the right of the Organizer to send advertising (posters), to receive address, phone number and email address.
12.2. Processing and usage of the Purchaser’s personal data is carried out in accordance with the legislation of Ukraine (including but not limited to the law of Ukraine “About Personal data protection” № 22-97 - VI from 01.06.2010). A Purchaser entities the Organizer the indefinite, irrevocable and free right for processing and using his personal data in connection with a provision to a Purchaser Services due to this Offer including in order the Purchaser receives advertisements messages about the event, on which the Organizer sells tickets. Due to the fact that processing of Purchaser’s personal data is carried out in connection to the implementation of an agreement concluded on the terms of this Offer, the Purchaser’s separate consent on the processing of his personal data is not required. The term of use of provided personal data is infinite. The Purchaser guarantees and takes responsibility for the fact that the data indicated in the Order, are provided voluntarily by him and to the third parties when issuing the Ticket, and all these parties are familiar and agree with the terms of the current Offer.
13. FORCE MAJEURE
13.1. The Parties are released from liability for full or partial non-fulfillment of their obligations due to this Offer if such non-fulfillment is the result of force majeure circumstances originated after the conclusion of this Offer and which the Parties could neither foresee nor prevent by reasonable measures.
13.2. Force majeure circumstances are extraordinary and unavoidable circumstances that make it objectively impossible to fulfill the obligations under the terms of the agreement (contract, etc), obligations according to laws and other regulations namely: threat of war, armed conflict or serious threat of such conflict, including but not limited to enemy attacks, blockades, military embargoes, actions of foreign enemy, general military mobilization, military actions, declared and non declared war, actions of public enemy, riots, acts of terrorism, sabotage, piracy, invasion, interferes, blockades, revolution, uprising riots, established curfew, quarantine established by the Cabinet of Ministry of Ukraine, exproriation, forcible seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, illegal actions of third parties, fire, explosion, long breaks in response to transport, decisions and acts of public authorities, closure of sea channels, embargoes, prohibition (restriction) of exports / imports, etc., as well as caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning and, fire, drought, subsidence and landslides, other natural disasters, etc.
13.3. The presence and validity of Force majeure circumstances are confirmed by the certificate of Commerce and Industry Chamber of Ukraine of established form.
13.4. The Purchaser agrees that if the Organizer postpones the date of the Event due to force majeure, the cost of the Ticket paid by the Purchaser is not refundable while all Tickets are valid for the new Event.
13.5. If the Organizer held the Event on which a Purchaser purchased a Ticket but the Purchaser/Spectator was not able to be present on this Event due to force majeure, illness, fears, delays, traffic jams, accidents, road closures and other restrictions that gave the Organizer the right not to give access to Spectator to the Building, or other reasons, which do not depend from the Organizer, the Entertainment Service Agreement is considered as executed improperly, and the Nominal Ticket Cost is not refundable to the Purchaser.
14. RESPONSIBILITY OF THE PARTIES
14.1. The Organizer is responsible to a Purchaser for failure to provide an Entertainment service within the concluded Entertainment Service Agreement. At the same time the Organizer’s responsibility about the failure to provide an Entertainment service to a Purchaser is limited by Nominal Ticket Cost, purchased to receive such Entertainment service.
14.2. The Parties are not responsible for the non-compliance of the quality of Entertainment service with the subjective expectations of the Purchaser, not stipulated by this Offer and not specified in the Ticket. A Purchaser understands and agrees that his emotional and aesthetic impressions from Entertainment service may not meet or coincide with his subjective expectations, which were formed based on the information disseminated not by the Organizer and not at his request (unofficial posters, critics reviews and reviews of other spectators) and therefore such inconsistency and mismatch is not considered as an improper provision of the Entertainment service.
14.3. A Purchaser agrees that the disclosure (loss etc.) of bar-codes (printed on the TIcket) may result from the loss of the possibility to use such a Ticket. The Organizer is not responsible for attending the Event by the person who is the first who informed the bar-code and is not the actual Purchase and/or his representative.
14.4. Organizer is not responsible at any of the causes for any losses and moral hazard received by a Purchaser as a result of misunderstanding or/and false understanding of the information on the order of issuing/payment of the Order.
14.5. Organizer is not responsible for any causes for actions/inertia of banks, payment systems and for the delays related to their works.
15. SETTLEMENT OF DISPUTES
15.1. Disputes arising by fulfillment of the Agreement due to terms of this Offer are resolved per the claims procedure. A claim is submitted to the Organizer in written form with attached documents justifying the requirements within no more than 10 (ten) banking days from the day the dispute occurred. The submitted claim is considered by the Organizer within no more than 10 (ten) banking days.
15.2. If any disputes arising out of or in connection with this Agreement including those relating to its implementation, breach, termination or invalidity, can not be settled through the negotiations, such disputes are resolved in accordance with the applicable legislation of Ukraine at court at the location of the Organizer.
15.3. All and any disputes between a Purchaser and the Organizer that arise from the Entertainment Service Agreement are considered in a court at the location of the Organizer.
15.4. On all other issues not covered by this Offer, the Parties are guided by the legislation of Ukraine.
15.5. This agreement is governed by and construed following the laws of Ukraine. Issues not regulated by this Agreement shall be resolved under the applicable legislation of Ukraine.
15.6. The court’s recognition of any section of this Agreement is invalid or is not subject to execution, is not a ground for its invalidity or non-performance of other terms of this Agreement.