THE GENERAL TERMS AND CONDITIONS & THE TICKET SALE REFUND POLICY FOR THE NATIONAL FESTIVAL OF SMETANA’S LITOMYŠL
(hereafter the “Conditions”)
1. Scope of the Conditions
1.1.
These Conditions of the company Smetanova Litomyšl, o.p.s., with ID No. 25918206, located at Jiráskova 133, Záhradí, 570 01 Litomyšl, registered at the Nonprofit Organization Register of the Regional Court in Hradec Králové under Section O, File 49 (hereafter, the “Organizer”), establish the rights and responsibilities arising from the sale and purchase of tickets to the Organizer’s events – cultural and otherwise – as well as all relationships associated with these events.
2. Definition of Terms
For the purposes of these Conditions, the terms listed below have the following meanings:
2.1.
Event: A cultural or other type of program for utilizing free time that is organized by the Organizer at a specified place and previously determined time and for which the Organizer offers Tickets.
2.2.
Customer (the consumer): An individual entering into a contractual relationship with the Organizer for the purposes of their or a third person’s participation in an Event, including such individuals during the period before this contractual relationship has been finalized.
2.3.
Ticket Holder: An individual who participates in an Event on the basis of presenting a Ticket.
2.4.
Ticket: A unique code established by the Organizer giving its Ticket Holder the right to a one-time entry to an Event.
2.5.
Voucher for Additional Performance Services: A unique code giving its holder the right to use additional services, i.e., services and products purchased by the Customer along with the Ticket.
2.6.
Gift Voucher: A unique code established by the Organizer providing the Customer a time-limited opportunity to purchase Tickets at the Website for a price corresponding to the previously specified Ticket prices minus the value of the Voucher.
2.7.
The Organizer’s Website: The Organizer’s internet web page at the address smetanovalitomysl.cz, which serves to provide information about the offered Events and to facilitate the ordering of Tickets, Vouchers, and additional services for these Events.
2.8.
The ENIGOO System: The system that secures the processes for making and paying for Ticket orders to Events, which is accessible from the Organizer’s Website. The System’s administration is handled by the company ENIGOO s.r.o., Hlaváčova 207, 530 02 Pardubice, tel. +420 461 100 936, enigoo.cz.
2.9.
Ticket Purchase: Ticket Purchase means paying the price of a Ticket on the basis of entering into a Contract on Event Participation.
2.10.
Sales Point: A Sales Point is a place with a contractual relationship to the Organizer, in which it is possible to purchase Tickets. The Sales Point’s operator sets its opening hours. There is a list of Sales Points at the Website.
3. Personal Data Protection
3.1.
The Organizer is the administrator responsible for personal data. They are required to protect this data and are responsible for complying with all the responsibilities arising from binding legal regulations on protecting personal data. The processor that the Organizer has specified is the company DEEP VISION s.r.o., Hlaváčova 207, 530 02 Pardubice, email: info@deepvision.cz, tel. +420 461 100 936, enigoo.cz, and it collects and processes personal data via electronic information carriers via a secured data storage site. Personal data is understood to be information about the Customer that can be used to directly or indirectly identify them. The first and last names of the Customer as well as their address, email, and telephone number are requested in order to process ticket orders. By filling in the requested personal information on the form, the Customer gives their explicit permission to allow it to be processed. However, the Customer has the right to rescind their agreement to this at any point and to have their personal data erased. The Customer has the right to request information on how their personal data is being processed, to request explanations about this processing, to ask for access to it, and to allow it to be updated or modified.
4. Contractual Relationship
4.1.
By purchasing a Ticket, the Customer enters into a contractual relationship with the Organizer; the substance of this relationship is to allow for the Ticket Holder’s personal participation in an Event under the conditions set by the participation guidelines (“The Organizer’s Conditions”) and these Conditions (hereafter the “Contract on Event Participation”). Other services supplied by the Organizer or another contracted provider can be included as part of the Ticket.
4.2.
The Organizer is responsible for carrying out and fulfilling the Contract on Event Participation, including the dates, quality, and content of the Events they offer. However, the Organizer reserves the right to change these. The Organizer is also responsible for providing other services purchased along with the Ticket, including any that are provided by contracted providers.
4.3.
According to Article 1837 (j) of the Czech Civil Code, the Customer does not have the right to withdraw from the contract.
5. Tickets
5.1.
It is possible to purchase Tickets in printed as well as electronic form. Electronic Tickets can be used via a device with a screen display (cell phone, tablet, computer) or they can be converted into printed form on any type of computer printer. The Customer is required to store and protect the Ticket from misuse, i.e., from allowing the unique code to be reproduced by duplication and use by a non-authorized individual. The Organizer does not bear the responsibility for misuse and reserves the right to provide the services imparted by the Ticket to the first Ticket Holder that shows it. By showing the Ticket at the entry to the Event venue, the Ticket Holder expresses their consent to the regulations for participation (“The Organizer’s Conditions”).
6. Vouchers
6.1.
When purchasing Tickets at the Website, it is possible to pay for the entire Ticket or just a part of it using a Voucher. The Voucher is not a Ticket; it does not enable entry to an Event, and it does not allow for priority purchasing of Tickets to a select Event. The Customer is required to store and protect the Voucher from misuse, i.e., against revealing its unique code to a non-authorized individual. The Voucher can be used repeatedly – until the entire price has been used up. Any remaining ticket price must be paid for; any overpayment will not be reimbursed financially – it will remain on the Voucher. Because Vouchers may be given as gifts, the Organizer does not have the option of verifying whether the Voucher is used by an authorized individual.
7. Customer Account
7.1.
By creating a user account at the Website, the Customer subsequently acquires the advantages of being able to view their orders, printing Tickets at a later date, adding other services to a purchased Ticket, etc. The Customer’s account is protected by the user’s name and a password determined by the Customer.
8. Additional Performance Services
8.1.
Additional Performance Services make it possible to additionally purchase services and products along with the Ticket. This typically includes a program of the performance, refreshments, etc. Additional Services are always associated with a specific Event and are conditional upon Ticket Purchase for that Event. Therefore, Customers who purchase Additional Services must have already set up a Customer Account. After the payment has been completed, a Voucher for Additional Services is sent by email and saved in the Customer’s account. The Voucher is updated each time further Additional Services are purchased.
9. Ticket and Voucher Sales
9.1. Purchasing Tickets at a Sales Point:
9.1.1.
The Customer can purchase Tickets in printed form at Sales Points during their opening hours without previous reservation if the requested type of Tickets are available. The Customer can also – no later than 24 hours before the performance begins – reserve a Ticket at the Website and subsequently pay for it and pick it up in printed form at a Sales Point within the set time, no later than 60 minutes before the performance begins.
9.2. Purchasing Tickets or Vouchers Via the Website; Making Reservations:
9.2.1.
Using the Website, it is possible to reserve a maximum of 10 Tickets for one Event with one reservation. It is recommended that the Customer register in advance and create a Customer Account. Both when creating the Customer Account and when purchasing without registering, the Customer is required to list their personal and contact information honestly and completely and to double check it before confirming it.
9.2.2.
The Customer has the option of reserving or purchasing Tickets for the requested Event by choosing from the available seats in the auditorium plan or standing room from among the possible price categories – as well as any possible discounts offered and even options for Additional Performance Services. Customer Account users can also purchase Additional Performance Services for their Ticket at a later date.
9.2.3.
By using the procedure listed on the Website, the Customer can pay for Tickets or Vouchers using the online payment system. After the payment has been accepted, they will receive the Ticket, Voucher for Additional Performance Services, or the Voucher by email at the address listed on their completed form or in their Customer Account.
9.2.4.
The Customer can reserve Tickets for subsequent payment and pickup at a Sales Point using the Website. For these purposes, a reservation number will be sent to them by email at the address listed on their completed form or their Customer account after they have made their order. The time for purchasing Tickets at a Sales Point is limited to the three calendar days after making the reservation; after this time has passed, the reservation will be automatically canceled.
9.2.5.
It is also possible to have the Tickets that were purchased sent by mail. A handling fee will be added to the price.
9.3. Purchasing Tickets Via Call Center:
Customers can call the Call Center at +420 461 049 232 in order to:
9.3.1.
Purchase Tickets or reserve Tickets for subsequent payment and pickup at a Sales Point.
9.3.2.
Create an online order (a summary of the order and a link to a payment gate will be sent to the Customer’s email address).
9.3.3.
Create an order for payment by bank transfer based on an invoice.
9.4. Group orders, Telephone Reservations, and Tickets for the Wheelchair Section:
9.4.1.
For orders of more than 10 Tickets to one Event and reservations for disability card holders for the wheelchair section, it is necessary to order via email at tickets@smetanovalitomysl.cz or by calling +420 602 457 338. It is also possible to create a Ticket reservation here to be paid for later at a Sales Point.
10. Prices and Discounts
10.1.
The prices for Tickets and Vouchers are listed at the Organizers’ Website or communicated to the Customer by an assistant at a Sales Point.
10.2.
The Organizer provides a discount of 50% to holders of disability cards and disability plus escort cards as well as escorts of the disability card holders. There is generally a space set aside to seat 2 to 4 wheelchairs with a corresponding number of seats nearby for their escorts. Tickets are not available online; it is necessary to order or reserve them at the email address tickets@smetanovalitomysl.cz or by calling +420 602 457 338.
10.3.
The option of applying other types of discounts (for children, students, holders of advantage cards, etc.) is offered for select Events at the Website.
10.4.
Discounts are always valid only for the Ticket Holder, who is required to prove eligibility for the given discount when they enter the Event. If they are not able to prove eligibility, entry to the Event will not be made possible, and they will lose the right to a refund of the Ticket price.
10.5.
It is not possible to combine discounts.
11. The Watchdog System
At the online internet store, it is possible to opt to be put on the waiting list for unused reservations (the Watchdog System). If the requested Tickets are made available, the first person on the waiting list will be automatically given a reservation valid for 48 hours, and they will be informed of this by email. If the reserved Tickets are not purchased by this time, the Tickets will be offered to the next person on the waiting list. It is possible to request a maximum of 4 tickets to one performance.
12. Returns
12.1.
After accepting a Ticket or Voucher, the Customer is required to check that all information is correct and complete. If the information is different than the given order, the Customer is required to call the number +420 461 049 232 with this information as soon as possible, although no later than 5 days after receiving the Ticket or Voucher. Later return requests will not be taken into consideration. Return requests will be resolved by adjusting the given information, providing a substitution, or voiding the contract and reimbursing the amount that was paid.
12.2.
If, after having made a payment, the buyer does not receive their Ticket or Voucher or does not receive their reservation number for purchase at a Sales Point, the buyer will be able to check the status of their order on their Customer Account. Unregistered Customers can report this situation by calling +420 461 049 232.
12.3.
Return requests that relate to the Customer not having met their responsibilities after purchasing Tickets will not be taken into consideration. Any other conflicts will be resolved legally according to the valid regulations of the Czech Republic.
13. Ticket Refunds
13.1.
The Organizer reserves the right to change the dates, performers, and the Event’s program. Information concerning changes will be sent by means of the contact information in the Customer Account; information will also be posted on the Website and, wherever possible, announced in print and other types of media.
13.2.
The Customer only has the right to be reimbursed for the ticket price if the Event is canceled or if it is left unfinished for reasons of inclement weather or other unforeseeable circumstances and less than 20 minutes of the program was performed. It is necessary to apply for the right to a Ticket refund at the place where the Ticket was purchased. Reimbursing Tickets bought using an online payment method will be automatically refunded by a reverse transaction to the same account that was used for payment.
14. Concluding Provisions
14.1.
If it happens that certain of these Conditions’ provisions are invalid, ineffective, or unenforceable, the validity, effectiveness, or enforceability of the other provisions remain untouched.
14.2.
If a consumer dispute occurs between the Organizer and a Customer on account of the sales contract or service provision contract that cannot be resolved by mutual agreement, the Customer can submit a proposal for an extrajudicial resolution of this type of conflict to the entity designated for extrajudicial consumer dispute resolution, which is the ADR division of the Central Inspectorate of the Czech Trade Inspection Authority at Štěpánská 15, 120 00 Praha 2, email: adr@coi.cz. If the contract was entered online, the Customer can also use the platform for resolving online disputes, which is managed by the European Commission at the email address http://ec.europa.eu/consumers/odr/
14.3.
These Conditions come into validity and effect as of November 1, 2021, and the Organizer reserves the right to change them at any time.
