General Terms and Conditions
1 Basic Provisions
- Subject of the Terms: These Terms govern (i) the legal relations between Ticketportal and the Customer when using the Website and the System, (ii) the legal relations between the Promoter as the seller of Tickets, in whose behalf and on whose account Ticketportal acts, and the Customer as the buyer of Tickets and (iii) the regulation of other rights and obligations of the Parties.
- Force of the Terms: These Terms shall enter into the force on January 7, 2026.
- Definitions: The definitions of the terms used in the Terms are given below in alphabetical order:
Acceptance: Acceptance of the Order as a proposal to conclude a Purchase Contract by Ticketportal.
Account: Account of a registered Customer on the Website.
Account Use Contract: Contract concluded between Ticketportal and the Customer based on Registration, the subject of which is the Registration and use of the Account by the Customer on the Website and Sales Portal.
Alternative Dispute Resolution Act: Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts as amended or another relevant law replacing it.
Applicable Law Regulation: Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) as amended or another relevant law replacing it.
Civil Code: Act No 40/1964 Coll. Civil Code as amended or another relevant law replacing it.
Civil Litigation Code: Act No. 160/2015 Coll. Civil Litigation Code as amended or another relevant law replacing it.
Commercial Code: Act No 513/1991 Coll. Commercial Code as amended or another relevant law replacing it.
Consumer Protection Act: Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts as amended or another relevant law replacing it.
Consumer Protection Regulations: Relevant provisions of the Civil Code and the Consumer Protection Act.
Contract: Purchase Contract, Service Contract, Account Use Contract.
Controller: An entity that processes Personal Data for its own purposes. Promoter is the Controller and the processor is Ticketportal in the case of the Contract. Ticketportal is the Controller in the case of the use of the Website, Services and Account.
Copyright Act: Act No. 185/2015 Coll. Copyright Act as amended or another relevant law replacing it.
Customer: A person who (i) has concluded any of the Contracts, and/or (ii) has performed Registration, and/or (iii) uses an Account, and/or (iv) is interested in purchasing a Ticket and/or (v) has purchased a Ticket from the Promoter through the Sales Portal.
Electronic Communications Act: Act No. 452/2021 Coll. on Electronic Communications as amended or another relevant law replacing it.
Electronic Invoice: A regular invoice issued pursuant to § 74 of the Value Added Tax Act, which Ticketportal issues exclusively electronically and sends it to the Customer by e-mail or via other electronic means of data exchange or make available between the Parties as a separate file in .pdf or .xml formats or in another suitable format specified by Ticketportal.
Entrance Money: The purchase price of a Ticket that the Customer paid to the Promoter through Ticketportal.
Event or Events: Public events, performances, concerts or social events, especially of a cultural or sporting nature (e.g. theatrical, dramatic, musical, audiovisual, film, sports performance), which are promoted, organized or provided by the Promoter, or whose are mediated by the Promoter. Events may also be virtual and accessible via online applications. Events represent services related to leisure activities, which the Promoters undertake to provide at a precisely agreed time or within a precisely agreed period. The current list of Events and information about their changes and cancellations are provided on the Website.
Fee or Fees: Special fees for Services provided by Ticketportal, which the Customer is obliged to pay.
Data Subject: Customer who is a natural person and whose Personal Data is processed in accordance with these Terms.
Device: Any technical means of the Customer and/or any third party that enables connection to the Website, Sales Portal and Account, and enables the display of the offer on the Website.
Digital Services Act or DSA: Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) as amended or another relevant law replacing it.
General Data Protection Regulation: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) as amended or another relevant law replacing it.
Order: Customer's order addressed to the Promoter through the System, by which the Customer orders Tickets from the Promoter.
Party or Parties: Promoter and Customer in the case of the Purchase Contract. Ticketportal and Customer in the case of the Service Contract and the Account Use Contract.
Payment Terms: Payment terms for payment of the Purchase Price and/or Fees.
Personal Data: Customer's personal data, which are specified in the clause 10.5, and which are processed by Ticketportal for the purpose of fulfilling contractual obligations and exercising rights under the Contract and the Terms For these purposes, the Customer is the Data Subject under the Personal Data Protection Regulations.
Personal Data Protection Act: Act No. 18/2018 Coll. on Personal Data Protection as amended or another relevant law replacing it.
Personal Data Protection Regulations: General Data Protection Regulation and the Personal Data Protection Act.
Point of Sale: A Point of Sale is all authorized stores belonging to the Sales Network. The current list of Points of Sale is listed on the Website in the Points of Sale section. For the purposes of concluding the Contract, a Point of Sale is considered to be the Promoter's premise. Ticketportal operates Points of Sale either directly or through its contractual authorized partners.
Private International Law Act: Act No. 97/1963 Coll. on Private International Law and Procedural Law as amended or another relevant law replacing it.
Promoter: An entity that promotes, organizes or provides the organization of an Event, and/or mediates the Event, and/or is responsible for the organization and performance of Events, and for which Ticketportal ensures the sale of Tickets. The Promoter is a merchant that sells Tickets through the Sales Portal (online marketplace) or the Point of Sale. The Promoter is in a contractual relationship with Ticketportal, based on which Ticketportal enables the Promoter to sell Tickets through the Sales Network.
Promoter's Terms: Business, sales, purchase, delivery or other terms and conditions of the Promoter, the terms and conditions of the Event, the Promoter's instructions, the Promoter 's service or the operating rules of the Event.
Purchase Contract: An agreement concluded between the Promoter as the seller, in whose behalf and on whose account Ticketportal acts, and the Customer as the buyer, the subject of which is the purchase of a Ticket or Tickets.
Purchase Price: The purchase price of the Ticket, which the Customer is obliged to pay to the Promoter via Ticketportal.
Regulation on Jurisdiction in Court Matters: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial mattersor another relevant legal regulation replacing it.
Registration: Registration of the Customer on the Website for the purpose of creating an Account in accordance with these Terms
Reservation: Ticket Reservation is an option provided by Ticketportal when selling Tickets through the Sales Portal, which allows the Customer to reserve a Ticket without paying the Purchase Price for the period specified in the Terms or otherwise determined by Ticketportal, while for the duration of the Reservation, the reserved Ticket cannot be purchased by another Customer and this Ticket will not be offered for sale (the relevant seat will usually be marked as reserved).
Sales Network: Sales Points and Sales Portal.
Sales Portal: An interface of the online marketplace located on the Website, through which Ticketportal mediates the sale of Tickets to Customers on behalf and for the account of Organizers who are traders other than Ticketportal.
Season Ticket: Ticket that allows the Customer to enter several specified Events that will take place within a specified period of time limited by a precisely specified beginning and end.
Service or Services: A service provided by Ticketportal to the Customer, in accordance with these Terms.
Service Contract: Contract concluded between Ticketportal and the Customer, the subject of which is the provision of the Service by Ticketportal to the Customer.
System: Information and reservation system (IRS), which has the character of a computer program operated by Ticketportal, or by another entity in a contractual or other relationship with Ticketportal, and which serves and is intended for the distribution, reservation and sale of Tickets, and for other activities related to the organization of Events, and whose access interface for Customers is located on the Sales Portal.
Taxes: Value Added Tax and any other taxes, fees or other payments for the benefit of public budgets based on legal regulations.
Terms: These General Terms.
Ticket or Tickets: A physical paper permit or confirmation that is printed on a hologram form or an electronic virtual permit and confirmation for the Customer to enter an Event, the sale of which to the Customer in behalf and for the account of the Promoter is ensured by Ticketportal through the Sales Network. For the purposes of these Terms and the Purchase Contract, Ticket is exclusively a permit or confirmation that the Customer has purchased electronically through the Sales Network. A Ticket may be a one-time ticket or a Season Ticket. Each Ticket has the nature of a valuable asset and is protected under applicable law.
Ticketportal: The company Ticketportal SK, s.r.o., with its registered office at Kalinčiakova 33, 831 04 Bratislava, Slovakia, Identification Number: 35 850 698, registered in the Commercial Register of the Municipal Court Bratislava III, section Sro, file No. 28073/B. Ticketportal is the provider of the Sales Portal (online market).
Value Added Tax Act: Act No. 222/2004 Coll. on Value Added Tax as amended or another relevant law that replaces it.
Voucher: A voucher for payment of the Purchase Price in the amount stated on the Voucher. The Voucher may only be used to pay the Purchase Price, and it is not possible to request reimbursement of the amount stated on the Voucher in cash.
Website: www.ticketportal.sk (or other website operated by Ticketportal), and/or Ticketportal accounts on social networks or websites of other operators (Instagram, Facebook, YouTube, etc.).
- Interpretation of Defined Terms: Unless otherwise stated in the Terms or the Parties expressly agree otherwise in writing, (i) any reference to a provision, laws or the Terms means a reference to their current wording, including all previous amendments, modifications and supplements or a completely new version of the law that regulates the same relations as the original law, (ii) any reference to a law means a reference to Slovak law, (iii) any reference to an article, clause or annex is a reference to an article, clause or annex of the Terms. The headings of the articles in the Terms are for guidance only and do not constitute a rule of interpretation. These Terms and the terms they contain must be interpreted by the Parties in accordance with the definitions set out in the Terms, the relevant provisions of the Terms, laws and the purpose of the Terms, while the definitions under the clause 1.3 apply to all terms beginning with a capital letter regardless of where they appear in the Terms or the documents of the Parties. Consumer Protection Regulations and those parts of the Terms that regulate consumer rights apply only to those Customers who are consumers under the relevant Consumer Protection Regulations.
- Publicity of the Terms and Consent with the Terms: These Termsare published on the Website and confirmation of agreement with them is an integral part of Registration and conclusion of the Contract. At the time of Registration, the Customer hereby expresses his/her consent with these Terms and declares that he/she has read and familiarized himself/herself with them. The Contract is governed by the Terms in their valid wording in force.
- Changes to the Terms: Ticketportal is entitled to unilaterally change these Terms within the limits set by mandatory provisions of Slovak law. The Terms may be continuously supplemented, changed and updated by Ticketportal, and they bind the Customer in their current wording. The previous Terms cease to be part of the Contract and are replaced by the new Terms if the Customer expresses its consent to the new Terms, except in cases where the Customer's consent is not required by law or by the nature of the matter.
- Reasons for Changes of the Terms: Ticketportal is entitled to change the Terms unilaterally to a reasonable extent, in particular but not only in the event of (i) changes in law, (ii) changes in technical, commercial and other conditions of Ticketportal's suppliers, (iii) changes in the interpretation of laws, (iv) changes in technical parameters of the Internet or providers of other electronic communication services or mobile devices, (v) changes in licensing conditions in the case of content protected under law governing intellectual and industrial property rights, (vi) changes in the scope of the Service and/or the Website, (vii) changes in the scope of Ticketportal's access to Personal Data, (viii) changes in additional distribution channels or potential affiliate programs, (ix) changes in the scope of free provision of the Service, prices, fees or services provided by Ticketportal to the Customer, including charging for the Service, etc. (x) Ticketportal is always entitled to change the Terms unilaterally for any reason, if this change only applies to new Customers.
- Notification of Changes of the Terms: In the case of already concluded Contracts, Ticketportal shall notify the Customers of the change to the Terms by (i) e-mail to the contact e-mail address, or (ii) through the Account user interface, or (iii) through a press release published on the Website, or (iv) by publishing a new version of the Terms on the Website, with the change entering into the force within 30 days of the publication of the new version of the Terms or within a shorter period if necessary to implement changes caused by a change in law, interpretation of law or decisions of public authorities. (v) In the case of a change in the rules under the Digital Services Act, it is sufficient for Ticketportal to inform about each significant change to the Terms in accordance with Article 14, paragraph 2 of the Digital Services Act, and in the case of less significant changes, it is sufficient to inform by publishing a new version of the Terms. (vi) The information on the processing of Personal Data in Article 5 of the Termsis always valid in its latest version, and Ticketportal does not have to notify the Customer after each change. In the event of a change to the Terms, the Customer is entitled to terminate the Contract and cancel the Registration in the manner specified in the Terms and mandatory legal regulations.
- Severability Clause: If any provision of the Terms or the Contract becomes invalid or forceless for any reason, such invalidity or forcelessness shall not affect the validity and forcelessness of the other provisions of the aforementioned contractual documents.
2 Service Contract, Registration and Terms of Use of the Account
- Conclusion, Duration and Termination of the Service Contract:
- Conclusion of the Service Contract: The Service Contract between Ticketportal and the Customer is concluded upon the moment of Registration. The Customer has not a right to conclude a Service Contract and at the time of Registration, the Customer undertakes to use the Website and the Account in accordance with the Contract, the Terms, laws, good morals and instructions of Ticketportal, not to violate the rights and legally protected interests of third parties, and to comply with these Terms.
- Confirmation of the Conclusion of the Service Contract: Ticketportal will send the Customer a confirmation of the conclusion of the Service Contract by e-mail to the Customer's address specified during Registration or specified in the Account.
- Refusal to Conclude a Service Contract: Ticketportal is not obliged to conclude a Service Contract with the Customer for any reason but generally in particular if the Customer is a person who has previously violated contracts with Ticketportal, or if Ticketportal has already withdrawn from the Service Contract or cancelled the Customer's Registration and/or Account or blocked the device and/or IP address from which the Customer accessed the Website, Service and/or Account.
- Use of the Service and Account: The Service and Account may only be used by Customers who conclude a Service Contract with Ticketportal and successfully register in the Service. The content of the Website is accessible without Registration to a limited and incomplete extent determined by Ticketportal.
- Terms as Part of the Service Contract: The Terms are part of the Service Contract. Confirmation of consent with the Terms is an integral part of concluding the Contract. In the event of a conflict between the Contract and the Terms, the provisions of the Contract shall prevail.
- Consent to Concluding the Service Contract Electronically: The Customer agrees to the use of electronic means of communication to conclude the Service Contract and to conclude it remotely, while the costs incurred by the Customer in connection with the use of electronic means of communication and the conclusion of the Service Contract remotely shall be borne in full by the Customer.
- Duration of the Service Contract: The Service Contract is concluded for an indefinite period.
- Termination of the Service Contract by the Customer: The Customer is entitled to terminate the Service Contract at any time by canceling his/her Registration. If the Customer does not agree with changes in the scope of the Service provided under the Service Contract, he/she is entitled, within 30 days of notification of significant changes in the scope of the Service, to withdraw from the Service Contract, either by canceling the Registration and/or by sending a notice of withdrawal from the Service Contract by e-mail to helpdesk@ticketportal.sk.
- Termination of the Service Contract by Ticketportal: Ticketportal is entitled to withdraw from the Service Contract and/or cancel the Registration and/or Account if the Customer breaches its obligations under these Terms and/or laws, and possibly block the device or IP address from which the Customer accessed or registered with the Website and/or Account. By withdrawing from the Service Contract or canceling the Registration and/or blocking the device or IP address, the Customer loses the right to use the Service and Account. Normal access to the content of the Website for unregistered users remains intact even after the termination of the Contract.
- Common Provisions on Termination of the Service Contract: Termination of the Service Contract does not affect other Contracts between the Customer and Ticketportal or third parties.
- Registration and Provision of the Service:
- Entitlement to Registration: The Customer is not entitled to Registration and Ticketportal is not obliged to allow the Customer to register, for any reason, but generally in particular if the Customer is a person who has previously breached contracts with Ticketportal, or if Ticketportal has already withdrawn from the Service Contract with the Customer or cancelled his Registration or blocked his Device or IP address. Ticketportal will allow the Customer to register if Registration is a condition for concluding the Purchase Contract, if there are no reasons for which Ticketportal could cancel the Service Contract and/or the Purchase Contract.
- Registration Process: The condition for Registration is to fill in the e-mail address and login password in the registration form. The Customer may voluntarily fill in other data as part of the Registration, or add them in the Account settings after completing the Registration, e.g. first and last name, date of birth, address of residence. The Customer is obliged to provide correct, complete and truthful data. The Customer is obliged to always fill in those fields in the registration form that are marked as mandatory, even if they require data that are not specified in this clause. In case of doubt, Ticketportal is entitled to request additional data from the Customer necessary to verify the identity and age of the Customer. In order to use the Service after Registration, the Account must be activated via a link in the confirmation message about Registration.
- Age Restriction: The Customer must be at least 16 years old to be able to register.
- Compensation: Registration is free of charge. This does not affect the possibility of Ticketportal to charge for Registration in the future.
- Beginning of Provision of the Service: Provision of the Service begins at the moment of Registration and its confirmation by Ticketportal.
- Account:
- Number of Accounts: The Customer is entitled to register only one Account per e-mail address.
- Changes to Data: The Customer may change their data in the Account interface to the extent specified by Ticketportal (in particular, name, surname, password, etc.). The Customer is obliged to provide only true, complete and current data in the Account, and in the event of any change, they are obliged to update it in the Account.
- Compensation: Use of the Account is free of charge. This does not affect Ticketportal's ability to charge for the use of the Account.
- Cancellation of the Account: The Customer has the option to cancel their Account, in which case all their data will be deleted, with exceptions according to the Terms and legal regulations, and with the exception of data for which the Ticketportal has the Customer's specific consent to use them according to the Electronic Communications Act, the Personal Data Protection Regulations or other laws. If the Customer wishes to use the Service again, he/she must create a new Account and register again. Ticketportal may cancel the Account in cases where it may cancel the Registration or terminate the Service Contract in accordance with the Terms.
- Blocking Access to the Account: Ticketportal is entitled to temporarily block the Customer's access to the Service in the event of suspicion of breach of obligations or misuse of login data to the Service by an unauthorized person. Ticketportal will notify the Customer of this fact and ask him/her to change the login password.
- Terms of Use of the Account:
- Service Options: Within the Service, the Customer has the ability to access and change their Account settings to the extent permitted by Ticketportal and the commonly accessible options of the Account user interface, and to manage their Orders, Tickets and Vouchers.
- Adding Content to the Service: The Customer does not have the ability to add content to the Website.
- Customer's Obligations: The Customer is not authorized to use the Service, Account and Website in a manner that (i) violates these Terms or laws, or the rights and legally protected interests of third parties, or good morals, (ii) is a propagation, promotion or advertisement of the Customer, third parties or their products or any other propagation, promotion or advertisement, (iii) not to use the content of the Website, Account and Service, or any of their elements (graphic, text, source code, etc.) in violation of Ticketportal's rights under the Copyright Act and other laws. The Customer is obliged to (iv) not allow access to the Service or Account to any person other than the Customer, (v) use secure login data and (vi) not provide their login data to any other person and ensure their confidentiality, and not publish them, and (vii) immediately inform Ticketportal about the loss or misuse of their login data.
- Prohibitions and Unauthorized Methods of Using the Service and the Website: The Customer is not authorized (i) to use mechanisms, tools, software or procedures within the Service, Account and Website that have or could have a negative impact on the operation of the Service, Account and/or Website or other Ticketportal devices, the security of the Internet or other users of the Service, Account and/or Website, or the Internet or the environment in which the Service, Account and Website are operated, (ii) to engage in activities aimed at disabling or limiting the operation of the Service, Account and/or Website or the servers on which the Service, Account and/or Website are operated, or to carry out any attacks on these servers or to access them in any unauthorized way or to overload them with automated requests (in particular DDOS attacks), and may not assist any third party in these activities, (iii) to use the Service, Account and/or Website in a manner that limits or may limit other users in using the Service, Account and/or Website, third parties person or the Ticketportal, (iv) interfere with the technical nature or content of the Service, Account and/or the Website, (v) store in the Service, Account and/or the Website or within them distribute content that is contrary to legal regulations, good morals, or that interferes with the rights and legally protected interests of third parties, in particular but not limited to rights protected by regulations governing intellectual and industrial property rights, (vi) use the Service, Account and/or the Website for activities that violate law, good morals and/or the rights and legally protected interests of third parties, and (vii) distribute malicious computer codes (viruses, malware, ransomware, etc.) including links to any external sources of such codes through the Service, Account and/or the Website.
- Change, Interruption and Termination of the Website, Account and Service: Ticketportal is entitled at any time, even without prior notice, to interrupt, suspend or terminate the operation or provision of the Website, Service or Account and or any part thereof. Ticketportal is entitled to make any changes to the Service, Account and the Website, including changing the domain under which the Website is operated. Ticketportal is entitled to delete any content from the Service, Account and the Website for any reason, with the exception of such data that are necessary for the performance of the Purchase Contract or the deletion of which would prevent the Customer from exercising their rights under the Purchase Contract. Ticketportal is also not liable for the technical functionality of the Service, Account and/or the Website or for any consequences and damages that arise in connection with the use of the Service, Account and/or the Website, and that are or may be caused by any technical error, insufficient connectivity, etc.
- Availability of the Service, the Website and the Digital Content: Ticketportal ensures the availability of the Website, the Service and the Digital Content to a maximum of 80%, this range being calculated for the previous calendar year and applying to the Website as a whole. Ticketportal further ensures that the outage of the Website, Account and Service does not last longer than 48 consecutive hours. The Customer is not entitled to any compensation even if Ticketportal does not ensure availability according to the previous sentences. Unavailability does not include unavailability caused by Force Majeure as well as unavailability caused by reasons on the part of the Customer or the Device, in particular its incompatibility with the System or the Website, malfunction or errors of the Device, or outages of the Customer's internet connection.
- Maintenance and Update of the Service: Ticketportal is entitled to temporarily interrupt, suspend or limit the availability of the Service in the event of maintenance or update of the System or the Website. Ticketportal will notify the Customers of such interruption, suspension or limitation of the availability of the Service, Website and Account, generally in advance, if possible, by publishing a notice on the Website or in the Account interface together with the expected period of interruption, suspension or limitation of the availability of the Service, Website and Account.
- Exclusion of Liability for Damages of Ticketportal: Ticketportal shall not be liable for any consequences or damages that arise or may arise as a result of the use of information disseminated through the Service, Website and/or Account, with the exception of liability under mandatory legal regulations. All information displayed or available within the Service, Website and/or Account is of a non-binding nature and does not constitute professional advice. Ticketportal shall not be liable for any loss or damage to content stored within the Service, and the Service is not a data storage or data backup service.
- Customer's Liability: The Customer shall be fully liable for the data stored and used within the Service, Account and on the Website, and for any direct, indirect, consequential or indirect damage caused thereby to Ticketportal and/or third parties, including any recourse claims and compensation for sanctions imposed by public authorities. The Customer acknowledges that Ticketportal fully relies on the Customer storing and using within the Service and on the Website such data that do not infringe the rights and legally protected interests of third parties.
- Indemnity Promise: The Customer undertakes to indemnify Ticketportal for any direct, indirect, consequential or recourse damage caused to Ticketportal and/or third parties by uploading objectionable or otherwise unlawful content to the Service or Account or to the Website, including any recourse claims and compensation for sanctions imposed by public authorities.
- Obligation to Cooperate: The Customer is obliged to provide Ticketportal with all cooperation requested by Ticketportal if a third party asserts rights against Ticketportal in connection with the content uploaded by the Customer within the Service or if requested to do so by public authorities.
- Prohibition of Business Activities: The Customer is authorized to use the Service, Account and Website exclusively for their own private and personal needs and not for business purposes. The Customer is not authorized to share their access to the Service, Account and Website with any third parties.
- License Restrictions: Ticketportal does not grant the Customer any license or right to exercise property rights to the System, Service, Account or Website or their parts or their content in connection with the use of the Service, Account and Website, Registration and/or conclusion of the Service Use Contract. The Customer acknowledges that the texts, photographs, graphic works and all other elements of the Service, Account and Website that are accessible within them are individually and as a whole protected by intellectual and industrial property rights. Databases available within the Service, Account and Website are subject to protection under Part Four of the Copyright Act, including the special right to a database.
- Accuracy and Completeness of Personal Data: The Customer is obliged to keep his Personal Data in the Account correct, complete and up-to-date and is obliged to bring them into line with reality with each change.
- Reporting Errors in the Service and on the Website: The Customer may report errors in the Service or on the Website by e-mail to Ticketportal.
- Direct Marketing: Ticketportal is entitled to send the Customer marketing information by e-mail in accordance with the Electronic Communications Act. The Customer does not refuse sending of marketing information pursuant to the previous sentence also via SMS and MMS or by telephone in accordance with the Electronic Communications Act. The Customer is entitled to refuse the sending of marketing information at any time in the Account settings or by clicking on the link in the relevant marketing message.
3 Subject of performance, conclusion, duration and termination of the Purchase Contract
- Provisions on Tickets:
- Official Paper Ticket with Security Features: The official paper Ticket with security features is distributed through the physical sale of the Ticket and its delivery to the Customer by the Ticketportal or the Point of Sale. The Ticket is issued after payment of the Purchase Price in full. The Ticket must contain (i) the name of the Event, the date of the Event, the start time of the Event, the venue of the Event, the Purchase Price, the designation of the purchased seat at the Event, and the sale number, (ii) in the left part, the date and time of the Ticket sale, the unique identification code of the seat at the Event associated with the Ticket, the hologram and the number sequence of the Ticket sheet, (iii) in the right part, the complete, unique QR code and a summary of the data contained on the Ticket and (iv) the designation and tax details of the Promoter. This Ticket is usually printed on the official hologram form of Ticketportal.
- HOMEticket Ticket: The HOMEticket Ticket is a Ticket that is distributed by self-printing directly by the Customer on A4 paper. Self-printing means that the Customer prints the HOMEticket Ticket, which is delivered to him by e-mail, on A4 paper. The HOMEticket Ticket must always be printed using a laser printer, while the use of another type of printing and printer will result in the HOMEticket Ticket not being accepted. The HOMEticket Ticket can only be purchased through the Sales Portal. The HOMEticket Ticket must contain (i) the name of the Event, the date of the Event, the start time of the Event, the venue of the Event, the Purchase Price and the location of the Event associated with the Ticket, (ii) number of sale, (iii) in the right part the complete, unique QR code of the Ticket and (iv) the name and tax details of the Promoter. Further information about the HOMEticket Ticket and answers to frequently asked questions can be found on the website https://www.ticketportal.sk/HomeTicket.
- MOBILticket Ticket: The MOBILticket Ticket is a Ticket that is distributed through supported applications and electronic wallets, into which the MOBILticket Ticket can be downloaded and saved after full payment of its Purchase Price. Further information about the MOBILticket Ticket and answers to frequently asked questions can be found on the website https://www.ticketportal.sk/Article/17823.
- Subject of the Contract and Subject of Performance: The subject of performance under the Purchase Contract is the Ticket and the service provided with it, which is related to leisure activities, while the Promoter as a merchant is obliged to provide these services at a precisely agreed time (one-time Ticket) or for a precisely agreed period (Season Ticket).
- Ticket as a Valuable Asset: The Ticket is considered a valuable asset. Altering, forging or copying Tickets is prohibited and is in violation of the Terms and laws. Altering, forging or copying Tickets may result in the imposition of a sanction under administrative and/or criminal law.
- Ticket Validity: The Ticket is valid only with a control coupon (if it is an official paper Ticket with security features), without modifications and without damage, and is valid only for the Events for which it was issued. The Ticket loses its validity upon leaving the Event venue, if it is a one-time Event, or upon the end of the Event. The Terms further regulate the options and conditions for issuing a replacement Ticket.
- Ticket as a Tax Document: The Ticket is a simplified tax document and a document proving payment of the Purchase Price. If the Customer needs another tax document (e.g. invoice), he must request its issuance from Ticketportal via e-mail at objednavky@ticketportal.sk before purchasing a ticket, in order to check whether such a request can be met whereas this service is subject to a fee.
- Order and Acceptance:
- Status of Ticketportal: Ticketportal, as the operator of the Sales Portal and Sales Points (i) concludes the Purchase Contract with the Customer on behalf and for the account of the Promoter, while Ticketportal is not a party to the Purchase Contract and the contractual relationship established by the Purchase Contract forms between the Promoter as the seller and the Customer as the buyer, (ii) on behalf and for the account of the Promoter accepts Purchase Prices from the Customers, and (iii) to the extent specified in the contract with the Promoter, generally ensures the provision of customer services and processing Customer complaints on behalf and for the account of the Promoter.
- Status of the Promoter: The Promoter has authorized Ticketportal to conclude Purchase Contracts between the Promoter as the seller and the Customer as the buyer. The Purchase Contract creates rights and obligations directly for the Promoter, not Ticketportal. Information about the Promoter (business name, ID number and address) is stated on the Tickets.
- Method and Form of Execution of the Order: The Order represents the Customer's proposal to conclude a Purchase Contract addressed to the Promoter via the Sales Portal or the Point of Sale. An integral part of the Order is always the consent to the Terms. The Order is always in writing. The Order takes the form of an electronic form sent via the Sales Portal or via an oral proposal to conclude the Contract in the case of the Point of Sale. The Customer is obliged to provide his/her true and correct Personal Data in the Order placed via the Sales Portal to the extent determined by the Sales Portal, and in the case of an Order placed via the Point of Sale to the extent necessary for their inclusion on a personalized Ticket. The method of entering and sending Orders is always determined by Ticketportal.
- Cancellation and Revocation of the Order: The Customer is entitled to cancel or revoke the Order only until the moment of its delivery to Ticketportal, while the cancellation and revocation of the Order is enforceable only if it is delivered to Ticketportal at the latest with the Order. Any cancellation of the Order after the conclusion of the Purchase Contract is possible only with the consent of Ticketportal or in accordance with the Consumer Protection Regulations, if the Customer is a consumer under legal regulations, or in accordance with the Terms.
- Method and Form of Acceptance: Acceptance represents the acceptance of the Customer's proposal to conclude the Purchase Contract made by Ticketportal on behalf and for the account of the Promoter. An Order placed through the Sales Portal is considered accepted at the moment of delivery of the e-mail from Ticketportal confirming the purchase of the Ticket to the Customer. Ticketportal shall make the Acceptance on behalf of and for the account of the Promoter by sending information about the acceptance of the Order via e-mail to the Customer's address specified in the Order. Ticketportal shall generally accept the Order in the case of immediate payment (payment card or bank transfer via the bank interface on the Sales Portal or other online payment method, if applicable) only after the payment of the Purchase Price has been cleared in favor of Ticketportal. An Order made through a Point of Sale is deemed to be accepted at the time of sale and payment of the full Purchase Price by the Customer at the Point of Sale. There is no legal claim to Acceptance, and the Promoter may always freely decide not to accept the Order. If the Promoter does not make the Acceptance within twenty-four (24) hours of delivery of the Order, the Order shall be deemed to be rejected.
- Conclusion and Formation of the Purchase Contract: The contractual relationship between the Promoter and the Customer is established by Acceptance of the Order. The Terms are an integral part of the Purchase Contract.
- Confirmation of the Conclusion of the Purchase Contract: Ticketportal will send the Customer a confirmation of the conclusion of the Purchase Contract after payment of the full Purchase Price by e-mail to the Customer's address provided during Registration or in the Account, or in the case of an unregistered Customer to the address provided by the Customer during the process of creating an Order via the Sales Portal. If the Customer is a consumer, together with the confirmation of the conclusion of the Purchase Contract, he will also receive guidances, instructions and information and forms required by the Consumer Protection Regulations. If the Customer concludes the Purchase Contract through a Point of Sale, he will not be sent a confirmation of the conclusion of the Purchase Contract or other information that is otherwise sent when concluding a Purchase Contract remotely.
- Exclusion of Ticketportal's Liability: The contractual relationship established by the Purchase Contract is established exclusively between the Promoter and the Customer, and Ticketportal does not have any rights or obligations arising from this contractual relationship except for the rights and obligations under the Terms. Ticketportal also does not bear any responsibility for the performance of the Purchase Contract and for the Event, and this responsibility is fully borne by the Promoter. All actions performed by Ticketportal in connection with the conclusion and performance of the Purchase Contract under the Terms are performed on behalf and for the account of the Promoter. Ticketportal publishes information about Events on the Website based on information provided by the Promoter.
- Obligation to Register: The Customer is not obliged to conclude a Service Contract with Ticketportal, to carry out Registration or to have an Account established in order to conclude a Purchase Contract with the Promoter and to purchase a Ticket through the Sales Network. The purchase of a Ticket is also possible without Registration. Without Registration, the Customer will not have access to those services that are provided to Customers who have concluded a Service Contract with Ticketportal and have an Account (e.g. Reservations, Order history, reprinting of Tickets, the possibility of requesting a refund of the Purchase Price if the conditions are met, pre-filling of data in the Order).
- Age Restriction: The Customer must be at least 16 years old to be able to place an Order and conclude a Purchase Contract.
- Payment: The Purchase Contract is always subject to payment, and the provisions on the Purchase Price and payment terms are set out in Article 4 of the Terms.
- Ticket Reservations:
- Making a Reservation: The Customer is entitled to make a Reservation via the Sales Portal. Reservations via Points of Sale may not be possible and Ticketportal recommends that Customers make a reservation via the Sales Portal. Ticketportal is not obliged to enable Reservations, and Reservations are generally not available for all Events.
- Obligation to Register: A Reservation may only be made by a Customer who has concluded a Service Contract with Ticketportal, has completed Registration and has an Account.
- Duration of a Reservation: A Reservation generally lasts 3 days from its execution, while Ticketportal may also determine a shorter Reservation period for specific Events (including Reservations lasting minutes or hours from their execution).
- Latest Reservation Deadline: A Ticket can be reserved no later than 20 days before the Event, if the Purchase Price is to be paid by bank transfer based on a tax document within the due date specified on this document, and unless the Promoter or Ticketportal specify a different deadline. More detailed information about the possibility of Reservations in the case of payment of the Purchase Price by bank transfer based on a tax document will be provided by Ticketportal by e-mail based on a written request sent by e-mail to objednavky@ticketportal.sk.
- Reservation Fee: Reservations are generally free of charge, unless the Promoter specifies otherwise. The Reservation Service is considered to be fully provided at the moment of making the Reservation, even in the event of cancellation of the Reservation pursuant to the clause 3.25 of the Terms.
- Reservation Restrictions: One Customer may make a maximum of as many Reservations as Ticketportal specifies. Reservations can only be made in person and manually. The use of any automated systems, scripts, codes or applications that enable automated and/or mass marking of Tickets or seats within an Order and Reservation is prohibited.
- Cancellation of a Reservation by Ticketportal: Ticketportal is entitled to cancel a Reservation if (i) the Customer makes a non-standard number of Reservations if the number of Reservations is not limited, or uses multiple Accounts, whereby such Reservations can legitimately be perceived as intentional blocking of Tickets and seats at the Event and damaging the Promoter and Ticketportal, or if (ii) the Customer makes a large number of Reservations, whereby such Reservations can be technically considered a violation of the obligations under Article 2 of the Terms, or if (iii) these are Reservations made in ways that are prohibited or not permitted by these Terms. In these cases, in addition to canceling all Reservations, Ticketportal is entitled to take steps against the Customer in accordance with 2.8 of the Terms and block the Customer's access to the Account, the Website and the Sales Portal, or block the IP address of the Customer or the Device from which the Customer violated the obligations under the Terms.
- Cancellation of a Reservation by the Customer: The Customer is entitled to cancel the Reservation even before its expiration, while the Reservation can be canceled only by e-mail sent to the address helpdesk@ticketportal.sk.
- Termination of the Purchase Contract:
- Reasons for Termination of the Purchase Contract: The Customer is not entitled to withdraw from the Purchase Contract or terminate it, except in cases where this right arises from mandatory legal regulations or a claim for defects of the delivered performance under the Terms. The use of dispositive legal regulations, in particular § 436 to 439 of the Commercial Code, is excluded.
- Termination of the Purchase Contract by a Customer who is a Consumer: A Customer who is a consumer does not have the right to withdraw from the Purchase Contract pursuant to § 19 (1) of the Consumer Protection Act, because the subject of the Purchase Contract is the purchase of Tickets that allow entry to an Event that represents a service related to leisure activities, while the Promoter as a trader is obliged to provide these services at a precisely agreed time (single Ticket) or within a precisely agreed period (Season Ticket). This does not affect the rights of the Customer, who is a consumer, to withdraw from the Purchase Contract if this right arises due to defects in performance under the Purchase Contract (Article 9 of the Terms).
- Withdrawal from the Purchase Contract by the Promoter: The Promoter (and Ticketportal on Promoter's behalf and for Promoter's account) is entitled to withdraw from the Purchase Contract if the Customer reserves and/or purchases a Ticket or related services for a Purchase Price or fees that were published in error due to (i) an error of the Promoter or Ticketportal caused by a human factor, or (ii) due to a technical error of the System, or (iii) there is an obvious error in the display of the Purchase Price (e.g. the Purchase Price clearly does not take into account the usual or purchase price or is unusually low, while it is not a promotion, or the numerical expression of the Purchase Price is missing or contains one or more additional digits), regardless of whether the incorrect Purchase Price is stated in the confirmation delivered to the Customer, or (iii) in the event of failure to collect the Ticket by the Customer in accordance with the Terms. The Promoter (and Ticketportal on Promoter's behalf and for Promoter's account) may offer the Customer the opportunity to pay the Purchase Price in full before withdrawing from the Purchase Contract, and if the Customer pays the Purchase Price in full, the Promoter shall not have the right to withdraw from the Purchase Contract for this reason. In the event of payment in full pursuant to the previous sentence, Ticketportal shall send the Customer a confirmation of payment of the additional payment to the Purchase Price and/or a document of payment of the entire correct Purchase Price by e-mail.
- Common Provisions for Termination of the Purchase Contract: Withdrawal from the Purchase Contract must be in writing, justified, dated and signed, and delivered to the other Party. In the event of withdrawal by the Customer, withdrawal from the Purchase Contract may be delivered to Ticketportal. Withdrawal can also be sent by e-mail, in the case of withdrawal by the Promoter to the Customer's e-mail address used during Registration, Reservation or Order, and in the case of withdrawal by the Customer to the address helpdesk@ticketportal.sk. The Ticket that was the subject of purchase based on the terminated Purchase Contract is cancelled and may be re-offered and sold to other Customers.
- Refund of the Purchase Price upon Withdrawal from the Purchase Contract: Ticketportal, in the name and on the account of the Promoter, shall refund to the Customer the Purchase Price or the amount paid by the Customer in the amount and scope determined by mandatory legal regulations within 30 days from the effective date of withdrawal from the Purchase Contract. This clause shall not apply to the Transaction Fee (clause 7.7 of the Terms), which Ticketportal does not refund, given that it is a fee for a service that was provided in full by the payment of the Purchase Price.
- Cancellation of Tickets upon Withdrawal from the Purchase Contract: Tickets subject to the terminated Purchase Contract will be cancelled and made free and Ticketportal is entitled to offer them to other Customers.
- Exclusion of Refund of the Purchase Price and Entrance Money: If the Customer, for any reason not attributable to the Promoter, does not use the Ticket and does not participate in the Event or part thereof, he/she is not entitled to a refund of the Purchase Price or Entrance Money. Refund of the Purchase Price is possible only in the cases stipulated in these Terms and/or mandatory legal regulations.
- Cancellation Within One Hour: Ticketportal is entitled to allow the Customer to cancel the Ticket and terminate the Purchase Contract within one hour of the Acceptance of the order relating to the Ticket that the Customer wishes to cancel. There is no legal right to cancellation within one hour and Ticketportal is not obliged to cancel the Ticket at all to the Customer under this clause. The condition for using Cancellation within one hour is to send a cancellation request and at the same time pay the Cancellation Fee within one hour, while the Customer is obliged to pay this fee within one (1) hour of the acceptance of the order relating to the Ticket that he wants to cancel, otherwise Ticketportal is entitled to reject such a request for cancellation of the Ticket, unless it rejects it for another reason, and will refund the Customer the fee paid late. Cancellation within one hour does not apply to the Transaction Fee (clause 7.7 of the Terms), which Ticketportal will not refund even if cancellation within onehour is accepted.
4 Purchase Price and Payment Terms
- Purchase Price Amount:
- Purchase Price Amount: The amount of the Purchase Price (Entrance Money) is always stated in its full amount, including Taxes, for the relevant Event for which Tickets are offered, for which this Purchase Price is to be paid. The Purchase Price is also charged for special Ticket delivery costs and other payment costs. As part of the Order creation process, the Customer is shown the full price that he is obliged to pay for the Ticket, including delivery costs and other fees, together with their breakdown and the resulting price. Additional costs and fees may be included in the total price if the costs and fees cannot be determined in advance.
- Discounted Purchase Price: If the Promoter offers Tickets at a discounted Purchase Price or for another discount (e.g. in conjunction with other benefits and products), this information, together with the terms of the discount, is expressly stated for the relevant Event for which discounted Tickets are offered. The Customer may claim the discount only if he/she meets the conditions of such a discount and proves their fulfillment. Ticketportal is entitled to request the Customer to submit documents proving fulfillment of the relevant conditions of the discount.
- Additional Payment to the Purchase Price: If the Customer is obliged or given the opportunity to pay the Purchase Price in full, Article 4 of the Terms shall apply accordingly to this additional payment.
- Payment method:
- Payment Methods for the Purchase Price: The Customer is obliged to pay the Purchase Price in the following ways:
- Purchase via the Sales Portal: In the case of purchasing a Ticket via the Sales Portal, the Customer is obliged to pay the Purchase Price (i) by payment card via the payment gateway on the Sales Portal, whereby the Sales Portal lists the kinds and types of payment cards that can be used for payment, or (ii) by bank transfer via the bank interface listed on the Sales Portal, whereby the Sales Portal redirects the Customer during payment to the bank's website or payment gateway through which the Purchase Price can be paid, or (iii) by bank transfer based on a tax document delivered to the Customer within the due date specified on this tax document, or (iv) by another online payment method operated by a third party, if Ticketportal provides such an option on the Sales Portal, or (v) by Voucher under the conditions specified in Terms, or (vi) through payment methods associated with the benefit program under the terms and conditions specified in the Terms.
- Purchase at a Point of Sale: In the case of purchasing a Ticket through a Point of Sale, the Customer is obliged to pay the Purchase Price (i) by payment card, whereby the types of payment cards through which payment can be made are generally indicated at the Point of Sale by displaying their logos at the entrance and/or at the cash desk, or (ii) in cash at selected Points of Sale, subject to the restrictions set by law, whereby not all Points of Sale have the option of accepting cash.
- Payment of the Purchase Price of the Reserved Ticket at the Point of Sale: If the Customer would like to pay for the Ticket to which the Reservation relates at the Point of Sale, he is obliged to enter correct and complete data into the reservation form and keep the reservation number so that he can prove at the Point of Sale that he made the Reservation and is authorized to purchase, pay for and collect the Ticket related to the Reservation.
- Vouchers:
- Use of a Voucher as a Means of Payment: A Voucher may be used to pay the Purchase Price or to cover payments of other fees and services under the Terms and Contracts. If the Purchase Price is higher than the value of the Voucher used to purchase a Ticket, the Customer shall pay the difference between the Purchase Price and the value of the Voucher (i) in cash or by payment card directly at the Point of Sale, if the Customer purchases a Ticket at the Point of Sale, or (ii) by bank transfer or by payment card or by other method available on the Sales Portal, if the Customer purchases a Ticket online via the Sales Portal.
If the Purchase Price is lower than the value of the Voucher used to purchase a Ticket, the unspent value of the Voucher shall be forfeited to Ticketportal. The Customer cannot use the unused value of the Voucher to purchase another Ticket or product, and the unused value of the Voucher does not remain available to the Customer for further purchases. The Customer is also not entitled to a refund or any other compensation for the unused and/or forfeited value of the Voucher. For this reason, Ticketportal recommends that Customers use the Voucher to purchase Tickets whose price is equal to or higher than the value of the Voucher.
- Restrictions Related to Vouchers: The difference from the Voucher value is not released. The Voucher can only be used once, unless otherwise stated in the Terms. The Voucher cannot be exchanged for money or used to withdraw funds. In the event of a refund of the Purchase Price in cases stipulated by the Terms or laws, which was paid by a Voucher, such Purchase Price or its part paid by a Voucher will be refunded in the form of another Voucher, the value of which will correspond to the value of the Voucher that was used to pay the refunded Purchase Price or its part. Vouchers can only be used to purchase Tickets for Events with a venue in the Slovak Republic. The Customer is not entitled to a refund or any other compensation for the unspent and/or forfeited value of the Voucher.
- Special Provisions for the Ticketportal Voucher: Ticketportal issues and sells Ticketportal Vouchers in various nominal values determined by Ticketportal. Ticketportal Vouchers can be redeemed through the Sales Portal or in person at selected Points of Sale listed on the Website in the Points of Sale section, which are marked with the Voucher logo. The Ticketportal Voucher is printed on a value asset form with a Ticketportal hologram or as a HOMEticket Ticket. The Ticketportal Voucher can only be purchased in person at selected Points of Sale listed on the Website in the Points of Sale section, which are marked with the Voucher logo, or through the Sales Portal. The Ticketportal Voucher must contain (i) the inscription Ticketportal Voucher, the nominal value, the validity of the Voucher, instructions for use, (ii) in the left part the date and time of sale of the Voucher, the name of the Voucher seller, the hologram, the sheet number, the sale number, (iii) in the right part a complete, unique QR code and a summary of the data contained on the Voucher.
- Use of Vouchers for the Purchase of Other Products: Vouchers can only be used to pay for the Purchase Price.
- Benefit Programs:
- Benefit Plus Payment Gateway: If the Customer is a holder of an online card issued as part of the employee benefit program of Benefit Management s.r.o., with its registered office at Doudlebská 1699/5, Nusle, 140 00 Prague 4, Czech Republic, Identification Number: 270 69 770, registered in the Commercial Register of the Municipal Court of Prague, section C, file No. 93997, he may use the benefit points credited to such card to purchase a Ticket. Payment of the Purchase Price is made via the Benefit Plus online card. It is possible to purchase a Ticket via the Benefit Plus online card only if the credit balance on the Benefit Plus card is equal to or higher than the Purchase Price. In the case of payment via the Benefit Plus online card, it is not possible to use a combination of payment via the Benefit Plus card and cash if the price of the purchased Ticket is higher than the credit balance on the Benefit Plus online card, i.e. it is not possible to make an additional payment in cash in the event of insufficient funds on the Benefit Plus online card. In the event that the Customer wishes to purchase a Ticket whose Purchase Price is higher than the credit balance on their Benefit Plus online card, they must use exclusively money to pay the full Purchase Price or a Voucher to purchase the Ticket, for which it is possible to combine payment via a Voucher and cash if the value of the Voucher is not sufficient to pay the full Purchase Price. Ticketportal is entitled to charge a special processing fee for payment via the Benefit Plus payment gateway and/or the Benefit Plus online card in accordance with the Terms.
- Common Provisions for All Benefit Programs: In the event that any benefit program or the Customer's participation in a benefit program is canceled, the Customer who was a participant in the benefit program is not entitled to a refund of the balance on his benefit account (benefit card) in money. Ticketportal will provide Ticketportal Voucher to such Customer in the value of the balance on his canceled benefit account (benefit card), which the Customer can use to purchase Tickets through the Sales Portal in accordance with the Terms.
- Payment Terms:
- Due Date of the Purchase Price in the Case of Immediate Payment: In the event that the Purchase Price is paid through an immediate payment (payment by payment card, bank transfer via the bank interface on the Sales Portal or other online payment methods, if applicable, payment in cash), the Purchase Price is due at the time of placing the Order. If the payment of the Purchase Price is not made for any reason, the Customer will be provided with this information via the Sales Portal or by e-mail sent by Ticketportal with a notification of the unrealized payment, if it concerns an Order placed via the Sales Portal, or by the merchant at the Point of Sale, if it concerns an Order placed at the Point of Sale.
- Due Date of the Purchase Price Paid on the Basis of a Tax Document: In the event that the Parties have agreed that the Purchase Price will be paid by bank transfer on the basis of a tax document within the maturity period specified on this document, the Purchase Price is payable within the due period specified on this tax document, usually 14 days from the issuance of the tax document.
- Time of Payment of the Purchase Price: The Purchase Price is considered paid at the moment of its full amount being credited to the Ticketportal account in the case of payment by bank transfer, handing over cash corresponding to the Purchase Price at the Point of Sale, or its settlement in favor of Ticketportal in the case of payment by payment card or other online payment means, if Ticketportal allows their use.
- Terms of Use of Payment Means: The terms of use of payment cards and online payment means are determined by the operators of these payment means.
- Full payment of the Purchase Price: If the Terms state that the full payment of the Purchase Price or the payment of the Purchase Price in full is required as a condition for the formation of any claim or right, or for the fulfillment of any obligation or liability, this means the payment of the Purchase Price in full and also the payment of the related delivery costs and other fees charged by the Promoter or Ticketportal under the Terms. This clause also applies mutatis mutandis to the full payment of costs or their payment in full.
- Currency and Exchange Rate Differences: All payments under the Terms and the Contract are determined in the euro. In the event that any payment is made in any other currency, the Customer is responsible for exchange rate differences.
5 Ticket Delivery Conditions
- Ticket Delivery Methods: Ticketportal will deliver Tickets to the Customer depending on their type in the manner chosen by the Customer in the Order and depending on whether the Customer purchased the Tickets through the Sales Portal or in person at the Point of Sale. Ticketportal will indicate which Ticket delivery methods are possible during the Order creation process, while Ticketportal may not offer all Ticket delivery options and methods under the Terms and is entitled to limit the Customer's choice of Ticket delivery options and methods.
- Delivery of Tickets Purchased Via the Sales Portal: Ticketportal will deliver Tickets purchased through the Sales Portal to the Customer in the following ways, with other details provided on the website https://www.ticketportal.sk/Article/13845:
- Official paper Ticket with Security Features: Ticketportal delivers these Tickets (i) in person at the Point of Sale upon presentation of the variable symbol and verification code, or (ii) via the postal enterprise or courier service specified on the Sales Portal as part of the Order creation process.
- HOMEticket Ticket: The HOMEticket Ticket is delivered via e-mail after payment of the Purchase Price in full to the address specified by the Customer in the Order. Details on the HOMEticket Ticket and its printing are provided in Section 3.2 of the Terms.
- MOBILticket Ticket: After payment of the Purchase Price in full, the Customer will receive an email with the MOBILticket Ticket for download to the relevant supported application or electronic wallet. Upon delivery of this email, the MOBILticket Ticket is deemed to have been delivered. Details about the MOBILticket Ticket are set out in Section 3.3 of the Terms.
- Delivery of Tickets Purchased at a Point of Sale: Only official paper Tickets with protective features can be purchased through a Point of Sale. Tickets purchased directly at a Point of Sale are delivered in person directly upon purchase and after payment of their full Purchase Price.
- Personal Collection of Tickets at the Point of Sale: If the Customer has chosen to collect the Tickets in person at the Point of Sale when purchasing a Ticket through the Sales Portal, he/she is obliged to present a variable symbol and a special verification code, otherwise the merchant at the Point of Sale is not obliged to issue the Ticket. Personal collection is free of charge if personal collection is chosen at a Point of Sale operated directly by Ticketportal. Personal collection at a Point of Sale that is not operated by Ticketportal or at another point of sale may be subject to special Fees specified in the Terms or on the Sales Portal as part of the Order creation process. Personal collection cannot be selected and used in the case of Tickets for Events taking place at the O2 Arena in Prague, Czech Republic, or if Ticketportal does not allow it to be selected as part of the Order creation process. The Customer is obliged to collect the Tickets at the Point of Sale within the period set by Ticketportal, and in the event of failure to comply with this period, Ticketportal is entitled to withdraw from the Purchase Contract.
- Delivery of Tickets Via Postal Enterprise or Courier Service: If the Customer has chosen to have the Tickets delivered via a postal enterprise or courier service when purchasing the Ticket through the Sales Portal, he is obliged to provide the correct and complete delivery address and, when picking up the shipment, he is obliged to identify himself with a variable symbol and a special verification code, if the postal enterprise or courier service requires it upon delivery. The Customer is also obliged to pay the delivery costs of the selected method of Ticket delivery in full. The Customer selects the postal enterprise or courier service in the process of creating the Order from the options provided by Ticketportal. The postal enterprise and courier service usually inform the Customer about the delivery date of the shipment via e-mail and/or SMS.
- Completeness of Customer Data: The Customer is obliged to provide true, correct and complete delivery data during the Order creation process so that the Tickets can be delivered properly and on time. The Promoter is not responsible for late delivery or non-delivery of the Ticket in the event of failure to comply with this obligation by the Customer.
- Obligation to Check the Data on the Ticket: The Customer is obliged to check all data on the Ticket and their accuracy when collecting the Tickets, otherwise the Promoter and Ticketportal are not responsible for defects and errors in the Tickets.
- Obligation to Collect the Tickets on Time: The Customer is obliged to collect the Tickets on time, otherwise he/she is fully responsible for late arrival at the Event or inability to participate in the Event.
- Time of Delivery: Ticketportal will generally deliver the Tickets generally (i) immediately after full payment of the Purchase Price, no later than the next Business Day after such payment in the case of HOMEticket and MOBILticket Tickets, and (ii) within 5 days of full payment of the Purchase Price in the case of an official paper Ticket with security features, if the Ticket is delivered via a postal enterprise or courier service, and unless the postal enterprise or courier service specifies a longer period in its terms and conditions, and (iii) within 5 business days of full payment of the Purchase Price in the case of personal collection of the Ticket at the Point of Sale.
- Limitation of Liability for Delivery by Postal or Courier Service: Neither the Promoter nor Ticketportal shall be liable to the Customer for failure to meet the delivery deadline by the postal enterprise or courier service, if the Customer has submitted the shipment for delivery on time, usually on the next business day after Acceptance and full payment of the Purchase Price. The postal enterprise or courier service that delivered the shipment shall be liable for damage and loss of the Ticket to the extent provided for in the relevant provisions of the Civil Code and the Commercial Code.
- Limitation of Liability in the Event of Failure to Comply with Obligations by the Customer: Neither the Promoter nor Ticketportal shall be liable to the Customer for any damage or injury or delay caused by the Customer's failure to comply with obligations, in particular failure to provide correct, true and complete data in the Order, failure to collect the Ticket within the specified dates and deadlines, failure to check the data on the Ticket upon receipt, late arrival at the Event for any reason or failure to use the Ticket.
7 Rights and Obligations Regarding Events and Tickets
- General Rights and Obligations of the Parties:
- Entry to the Event: The Customer is entitled to use the Ticket to enter the Event to which it relates. An one-time Ticket entitles the Customer to enter one specific Event and a Season Ticket entitles the Customer to enter multiple precisely defined Events that take place within a precisely defined time period, or to one Event that lasts several days. An one-time Ticket becomes invalid upon leaving the Event, unless the Promoter determines otherwise and ensures the Customer’s identification for the purposes of returning to the Event. The Season Ticket becomes invalid upon expiry of the period for which it was issued. The Customer loses the right to enter the Events after the Ticket becomes invalid.
- Customer Identification: The Customer is obliged to present to the Promoter or a person designated by it a valid identity card for the purpose of identifying him as a person authorized to enter the Event if required by law, official decision or in the case of a personalized Ticket.
- Ticket Preservation: The Customer is obliged to carefully store the Ticket as a tax document.
- Purpose of Ticket Use: The Ticket shall be used for entry to the Event to which the Ticket relates. Forgery and alteration of the Ticket is prohibited. Ticketportal does not recommend offering the Ticket to third parties, given that after its transfer, the acquirer of the Ticket (i) may not have access to customer services provided by Ticketportal, including the possibility of submitting the complaint, in the case of an electronic Ticket, if the acquirer of the Ticket does not communicate with Ticketportal via the e-mail address that Ticketportal records in connection with the transferred Ticket, (ii) will not have consumer rights if the acquirer acquires the Ticket from a Customer who did not purchase it from Ticketportal as a consumer, (iii) will not be in the position of a Customer under these Terms because the Ticket was not purchased through the Sales Network, and (iv) will only be able to exercise his/her rights against the person from whom he/she acquired the Ticket.
- Promoter's Terms and Instructions: By presenting the Ticket upon entry to the Event and by entering the Event, the Customer expresses his/her agreement with the Promoter's Terms, which are usually published at the Event venue or on the Promoter's or Event's website, or on the Website. The Customer undertakes to comply with the Promoter's Terms. The Promoter is entitled to use all options available to it under the Promoter's Terms and law against a Customer who has violated or is violating the Promoter's Terms, including not allowing entry to the Event or removing the Customer from the Event, in which case the Customer shall not be entitled to a refund of the Purchase Price or any reparation, compensation or refund.
- Personalized Tickets and Risk Events: In special cases, such as e.g. for public sports events, high-risk events, based on the decision of the Promoter or sports association, Tickets for a given Event will be issued to the specific name and surname of the Customer who will participate in the Event. The Customer is responsible for the accuracy of the data provided. The Customer is entitled to provide data about another natural person for whom the Customer purchased the Ticket only with the prior written consent of this person.
- Ticket Purchased without Registration: If the Customer purchased the Ticket without Registration, he is obliged to check the e-mail address to which the Ticket is to be sent when purchasing the HOMETicket or MOBILticket Ticket and before confirming the purchase. The system will prompt the Customer to check the correctness of his/her e-mail address to which the Ticket is to be sent, and the Customer is obliged to confirm its correctness, while he/she is fully responsible for the correctness or incorrectness of this e-mail address, and at the same time assumes the full risk that in the event of an incorrect address, the Ticket will not be delivered to him/her, and in such case he/she will not be entitled to any compensation or reimbursement from the Promoter or Ticketportal, including a refund of the Purchase Price, unless he/she can credibly prove to Ticketportal that he/she concluded the Purchase Contract and paid the Purchase Price in full. Ticketportal will provide the Customer with a replacement Ticket only if the Customer credibly proves that he/she concluded the Purchase Contract and paid the Purchase Price in full, and sends it to the Customer to the correct e-mail address. Sending a replacement Ticket may be subject to a separate administrative fee. The conditions for issuing a replacement Ticket are further regulated in clauses 6.12 to 6.15 of the Terms.
- Services and Products Offered at the Event: The Customer is entitled to use the services and products offered by the Promoter and third parties at the Event to the extent and under the conditions set by the Promoter and these third parties. The Purchase Price and Entrance Money do not include these services and products and does not apply to the prices for using these services and products. The services and products offered at the Event are not offered by Ticketportal. Ticketportal does not bear any responsibility for such products and services offered at the Event.
- Production of Audiovisual and Other Recordings: The Customer acknowledges that at the Event or in connection with it, various forms of recording (portraits, images, video and audio recordings) may be made by the Promoter or third parties (personal data processors), e.g. for artistic purposes and for press, film, radio and television news. Ticketportal shall not be liable for any breach of legal and other obligations of the Promoter or a third party in making the aforementioned recordings.
- Ticketportal's Exclusion of Liability: Ticketportal shall not be liable for the Events and for the content, character, quality or other parameters of the Event, nor for any breach of the Customer's rights in connection with the Event. Such rights and claims of the Customer are the rights and claims of the Customer against the Promoter and Ticketportal is not authorized by the Promoter to perform any legal acts related to the fulfillment of such rights and claims of the Customer, unless the Terms provide otherwise.
- Ticket Changes: The Customer is not entitled to change the location, seat or other parameters associated with the Ticket, as well as to change the location and date of the Event, or to exchange the Ticket for another. Such changes are possible only if (i) the Promoter agrees to such change, or the Promoter allows it in advance, and at the same time (ii) the request for such change is delivered at least 5 business days before the Event. Ticketportal will inform the Customer about the processing of the change request via e-mail.
- Loss, Theft and Damage of the Ticket:
- Customer's Obligation to Notify: In the event of loss, theft or damage to the Ticket, the Customer must immediately inform Ticketportal by e-mail sent to help@ticketportal.sk or by regular mail to the address of Ticketportal's registered office. In the event of loss or theft of the Ticket, Ticketportal is obliged to report such theft to the police and subsequently submit the relevant police report to Ticketportal.
- Issuance of a Replacement Ticket: Ticketportal on the behalf and for the account of the Promoter, will provide the Customer with a replacement Ticket for a Ticket that has been lost, stolen or damaged only if (i) the Customer can credibly prove that he/she concluded the Purchase Contract and paid the Purchase Price in full, (ii) the Customer submits a sworn statement to Ticketportal that he/she purchased the Ticket, (iii) the Customer submits a police record to Ticketportal in accordance with clause 6.12 of the Terms, (iv) the Promoter has agreed to issue replacement Tickets, and at the same time (v) the Customer has paid the relevant administrative fee associated with the issuance of a replacement Ticket in accordance with the Terms. The original Ticket that is being replaced by a replacement Ticket loses its validity upon the issuance of a replacement Ticket.
- Delivery of a Replacement Ticket: Ticketportal, on behalf of and for the account of the Promoter, shall send the Customer a replacement Ticket at the Customer's expense in the manner mutually agreed upon. Article 5 of the Terms shall apply mutatis mutandis to the delivery of a replacement Ticket.
- Customer's Cooperation: The Customer is obliged to provide the Promoter and Ticketportal with all cooperation requested in connection with the loss, theft and damage of the Ticket, in particular in connection with the submission of a claim for the delivery of the Ticket against the postal enterprise or courier service if the Ticket was lost, stolen or damaged during transport.
7 Special Services and Fees
- Archiving Service: Ticketportal provides Customers with a Ticket archiving service that ensures that the Ticket purchased and paid for by the Customer is permanently stored in the System and will be accessible to the Customer who proves their identity and ownership of the Ticket to Ticketportal, in the event that the Customer loses access to the Account or a third party unlawfully prevents them from accessing the Account, or the Account becomes inaccessible to the Customer for any other reason (forgetting the password, unavailability of the registration email address preventing recovery of account access and generation of a new password, etc.), or if the Customer loses or does not have access to their Tickets for any other reason (loss or deletion of the email with the Tickets etc.).
- Full Provision of the Archiving Service: The archiving service is considered to be fully provided at the moment when the Customer's Ticket is first archived, regardless of whether the Customer has used the option to make the archived Ticket available. The Customer is not entitled to withdraw from the contract under which the archiving service is provided to him, given that the archiving service is fully provided at the moment when the Customer's Ticket is first archived.
- Archiving and Processing Fee: Ticketportal is entitled to request from the Customer the payment of an archiving and processing fee for the provision of the Ticket archiving service for each archived Ticket, and the Customer is obliged to pay it. The archiving and processing fee will usually be charged together with the Purchase Price together with the purchase of the Ticket. The amount of the archiving and processing fee is 3,5 % of Purchase Price from EUR 0.40 to EUR 20.00, while its specific amount is always displayed in the Order Summary. Ticketportal is entitled to determine a different amount of the archiving and processing fee than stated above for selected events, and the Customer is obliged to pay this different amount. This different amount will be displayed to the Customer as a part of the Order creation process.
- Processing Fee for Payment via the Benefit Plus Payment Gateway and the Benefit Plus Online Card: Ticketportal is entitled to charge the Customer a fee for each use of the Benefit Plus payment gateway and the Benefit Plus online card, and the Customer is obliged to pay it. The amount of the fee for the use of the Benefit Plus payment gateway and the Benefit Plus online card is 5% of the Purchase Price including Taxes. The fee for the use of the Benefit Plus payment gateway and the Benefit Plus online card will generally be charged together with the Purchase Price when purchasing a Ticket.
- Fee for Change: Ticketportal is entitled to charge the Customer special fees for changing the name on the Ticket, date, time, location or seat within the same Event and the same Promoter and/or within one Order, and the Customer is obliged to pay these fees for these changes.
- Fee for Cancellation within One Hour: Ticketportal is entitled to charge the Customer a Ticket cancellation fee within one (1) hour of the Order Acceptance relating to the Ticket that the Customer requests to cancel, if the Customer requests to cancel the Ticket within one (1) hour of the Order Acceptance relating to the Ticket that he wishes to cancel. This does not apply to the purchase of gift vouchers.
- Transaction Fee: Ticketportal is entitled to charge the Customer one transaction fee for each total one Order (one Purchase Contract) regardless of the number of ordered (purchased) items purchased by the Customer under one Order (one Purchase Contract), and for which the Customer pays the Purchase Price and the applicable Fees in one payment. If the Customer pays the Purchase Price and Fees for one Order (one Purchase Contract) in multiple payments, he will be charged a transaction fee for each such payment separately. The amount of the transaction fee is always stated as part of the Order confirmation process by the Customer or on the tax document on the basis of which the Customer makes the payment. The transaction fee is not refunded even in the event of termination of the Purchase Contract, cancellation of the Purchase Contract or the occurrence of an obligation to return the Purchase Price, and in the event of a refund of the Purchase Price, given that it is a fee for a service that was provided in full by paying the Purchase Price.
- Other Fees for Other Services: Ticketportal is entitled to require the Customer to pay fees for other additional services it provides to the Customer, and the Customer is obliged to pay them. The following fees apply for the following services:
- fee for issuing a replacement HOMEticket or MOBILticket Ticket
- fee for issuing a replacement official paper Ticket with security features
- fee for changing the QR code on the Ticket
- fee for delivering the Ticket via the PACKETA - SK courier service in the case of a shipment weighing up to kg 0.5 (delivery and packaging fee)
- fee for delivery to the Point of Sale
- fee for correcting the email address
- fee for processing the order / fee for issuing a payment order
- fee for issuing a tax document
- fee for cancellation within one hour (does not apply to the purchase of gift vouchers)
- transaction fee
- Value Added Tax: Value added tax will be charged to all fees, in accordance with legal regulations, while the final amount of fees will be stated including value added tax in accordance with legal regulations.
- Common Provisions for Fees: Clauses 4.12, 4.5 and 4.12 to 4.17 of the Terms apply mutatis mutandis to the payment of fees under this Article. Fees cannot be paid by Voucher or through benefit programs. The amount of fees is displayed to the Customer as part of the Order creation process. The amount of fees may vary depending on the Event and service.
8 Liability for Defects and Complaint Procedure
- Complaints Regarding Ticket Defects:
- Ticket Defects and Errors: Defects and errors in performance are understood to mean an error in the Ticket that is not caused by the Customer. An error caused by incorrect, false or incomplete data provided by the Customer or by the Customer selecting the wrong type or type of Ticket when creating an Order or Reservation is not considered a Ticket defect. A Ticket defect is also the non-delivery of the purchased quantity of Tickets if the Customer has purchased more than one within one Purchase Contract, up to the maximum quantity limited by the Promoter for one Customer.
- Submitting a Complaint in the Event of a Defective Ticket: The Customer is obliged to submit a complaint about Ticket errors without undue delay after the delivery of the Ticket to Ticketportal. The Customer is obliged to file a complaint (i) in person at the Point of Sale, if it concerns a Ticket purchased at the Point of Sale, or (ii) by sending a complaint via post to the address of the registered office of Ticketportal, if it concerns an official paper Ticket with security features purchased through the Sales Portal, or (iii) by sending an e-mail to the address reklamacie@ticketportal.sk in the case of a HOMEticket or MOBILticket Ticket. This does not affect the right of the Customer, who is a consumer, to file a complaint within a longer period, except for the cases specified in the clause 8.9 (iv) and (v) of the Terms.
- Obligation to Submit the Original Ticket: If the Customer complains about defects in an official paper Ticket with security features, he is obliged to submit or deliver the original Ticket, which is subject of the complaint, together with the complaint.
- Obligation of the Deliveryman to Make a Damage Record: The Customer is obliged to check the Tickets and all data on them, which are delivered to him by the postal enterprise or courier service, in the presence of the deliveryman. In the event that the Customer discovers that the Ticket contains errors for which the Promoter is responsible, he is obliged to ask the deliveryman to make a damage record, which will contain (i) a description, extent and nature of the error, (ii) the date of making the record and (iii) the signatures of the deliveryman and the Customer, who confirms the accuracy and completeness of the record with his signature. The obligation to make a damage record applies to the postal enterprise and the courier service, not to the Customer. The Customer is obliged to subsequently submit this damage record together with the complaint to Ticketportal.
- Customer's Liability: If (i) the Customer has not inspected the shipment and the Ticket upon receipt in accordance with the Terms, or if the Ticket contains obvious errors that the Customer could have discovered when fulfilling his obligation to inspect the shipment and the Ticket upon receipt, the Customer shall not be entitled to any liability claims for defects in such Ticket, and/or (ii) the Customer has not proceeded in accordance with clauses 5.7 and 8.4 of the Terms, and/or (iii) the Customer has not filed a complaint within the period specified in clauses 8.2 of the Terms, Ticketportal shall be entitled to reject such complaint. Ticketportal shall only accept such complaint if the Customer proves that the claimed errors already existed at the time of receipt of the shipment containing the Ticket by the Customer, or if the data on the Ticket do not match the correct and complete data of the Customer entered in the Order.
- Time for Processing a Complaint Submitted at a Point of Sale: In the event of a complaint submitted at a Point of Sale, the complaint will generally be processed immediately by the merchant operating the Point of Sale or a person authorized by him. In the event of a processing of the complaint with positive outcome, the Customer will also be offered a method of resolving the complaint at the point of sale in accordance with the Terms. If the complaint requires a more complex assessment by Ticketportal or the Promoter, the complaint will be processed within 30 days of its submission.
- Time for Processing a Complaint Submitted Electronically or via Postal Service: In the event that the complaint is submitted electronically (via electronic mail or via the Website) or via regular mail, Ticketportal will generally process such a complaint within 5 days of receipt of the complaint, including all documents required under the Terms. If the complaint requires a more complex assessment by Ticketportal or the Promoter, the complaint will be processed within 30 days of its submission.
- Confirmation of Receipt and Settlement of the Complaint: Ticketportal will send the Customer a confirmation of receipt and settlement of the complaint in the same way as the complaint was delivered to Ticketportal.
- Rejection of a Complaint: Ticketportal is entitled to process a complaint by rejecting it if (i) it is clearly unfounded, or (ii) the Customer has no right to claim claims for defects in performance under the Purchase Contract and/or the Terms, or (iii) it is permitted by law and/or the Terms in accordance with the law, or (iv) if the complaint is submitted after the Event has taken place or has been cancelled, or (v) if the complaint is submitted so soon before the Event that it is not possible to reasonably require the Promoter to handle the complaint in any way.
- Methods of Processing of the Complaint With Positive Outcome: If Ticketportal evaluates the complaint as justified, it will solve it by (i) handing over to the Customer a replacement Ticket with the errors removed at the Promoter's expense, if it is an official paper Ticket with protective features or a HOMEticket or MOBILticket Ticket, or (ii) allowing the Customer to print a new HOMEticket Ticket. Ticketportal will also send the Customer a list of Points of Sale where he can pick up a replacement official paper Ticket with protective features.
- Reduction, Change and Cancellation of the Event:
- Reductions of the Event: The Event and its content or scope may be reduced due to Force Majeure, adverse weather conditions, as a result of circumstances related to the season, the health of the performers, based on decisions of public authorities, etc. The Promoter reserves the right to change the Event. In the event that serious reasons arise that are related to the reductions of the offered Event, the Promoter will inform the Customers about these reductions via its website, the Event website or the Website. The Customer is not entitled to any compensation or discount from the Purchase Price, nor to reimbursement of other out-of-pocket expenses (e.g. travel expenses, accommodation, meals, etc.) in the event that he/she participated in a reduced Event. Insufficient quality of the Event and the performance of the performers, or limited visibility due to technical reasons (e.g. equipment and cameras limiting visibility, non-existent venue or venue markings) does not constitute a defect or reduction of the Event. If the Customer nevertheless considers the limitation of visibility due to technical reasons to be a defect, he/she is obliged to send a written complaint to Ticketportal no later than twenty-four (24) hours after the event in question, together with photographic evidence, otherwise Ticketportal may reject such complaint.
- Changes to the Event: A change to the Event is a change to the date or venue of the Event or a change regarding the performers. The Promoter will inform Customers about changes to the Events via its website, the Event website or the Website. A Customer who has duly completed the Registration may also be informed about the change to the Event via e-mail to the address specified in the Account. If the change concerns only a change to the venue or date of the Event, the Customer is entitled to request a refund of the Purchase Price only if the Promoter allows it, under the conditions and within the time limit and manner set by the Promoter. The conditions for the refund of the Purchase Price and the method and deadlines for requesting a refund of the Purchase Price are stated in the press release regarding the change to the Event and are usually published on the Website. If the deadline for submitting a request for a refund of the Purchase Price expires in vain, the Customer loses the right to a refund of the Purchase Price or part thereof, including any claim to a discount. A Customer who agreed to a change to the Event or did not exercise the right to a refund of the Purchase Price is not entitled to a refund of the Purchase Price or part thereof, including any claim to a discount, or to reimbursement of other out-of-pocket expenses (e.g. travel expenses, accommodation, meals, etc.). In the event that the change concerns the content of the Event, the Promoter will determine the amount of the discount from the Purchase Price, which it will return to the Customer due to the change in the content of the Event. The Promoter will return the amount corresponding to the discount to the Customer, usually within 30 days of notification of such a change to the Event, in the manner in which the Customer paid the Purchase Price, or in another manner agreed upon with the Customer.
- Cancellation of the Event: The Promoter will inform Customers about the cancellation of the Event exclusively via Ticketportal and the Website. The Customer who has duly completed the Registration will be informed of the cancellation of the Event via a press release published on the Website and/or, if applicable, via e-mail to the address specified in the Account. The Promoter will determine the place and time of the return of the Purchase Prices via its website, the Event website or the Website. The Promoter will return the amount corresponding to the Purchase Price to the Customer generally within 30 days of the notification of the cancellation of the Event in the manner in which the Customer paid the Purchase Price or in another manner agreed upon with the Customer.
- Refund of the Purchase Price via Ticketportal: If, based on an agreement between Ticketportal and the Promoter, the Purchase Prices will be refunded by Ticketportal, information that Ticketportal is authorized by the Promoter to refund the Purchase Prices will be provided in a notice on the Website in the Changes and Cancellations section. In such a case, the Customer shall send a request for a refund of the Purchase Price via (i) e-mail to the address reklamacie@ticketportal.sk (requests sent to another address will not be considered requests for a refund of the Purchase Price) or (ii) postal mail to the address of the registered office of Ticketportal, or (iii) the "Request for Refund" form, which the Customer shall fill out and attach documents to it according to the displayed instructions, and through which the Customer shall further select from the available options for refunding the Purchase Price, and subsequently send it by clicking on the appropriate button. The form under point (iii) of the previous sentence is accessible in the Account interface and only for Customers who have concluded a Service Contract with Ticketportal, provided that the Customer's email addresses, which the Customer provided in the Order and during Registration, are identical. If the Purchase Price was paid via the internet, the relevant proof of payment (payment details), the Tickets and the account number in IBAN format to which the Customer requests the Purchase Price to be returned must be attached to the request for a refund. If the request concerns a HOMEticket Ticket, the Customer is obliged to attach a sworn declaration that the Ticket has not been used to issue a duplicate or has not been misused in any other way and will claim the Purchase Price only once. The Customer is entitled to authorize another person to receive the returned Purchase Price, and the authenticity of the Customer's signature on the authorization must be officially certified at the Customer's expense. When returning Purchase Prices and processing requests for the refund of the Purchase Price, Ticketportal acts exclusively on behalf and for the account of the Promoter. Sending a request for the refund of the Purchase Price does not constitute a complaint under this article of the Terms.
- Refund of the Purchase Price through the Promoter: Ticketportal will publish a notice on the Website that requests for the refund of the Purchase Price will be processed directly by the Promoter, together with the contact details of the Promoter. In such a case, requests for the refund of the Purchase Price and the refund of the Purchase Price shall be processed directly by the Promoter and any requests sent to Ticketportal will not be accepted by Ticketportal, but will be forwarded and processed directly by the Promoter, without having to inform the Customer thereof. Sending a request for the refund of the Purchase Price does not constitute a complaint under this article of the Terms.
- Restrictions of the Right to Refund the Purchase Price: The Promoter is not obliged to refund the Purchase Price or part thereof to the Customer if the Event is cancelled or changed (i) for reasons caused by an unavoidable event that does not originate in the operations of the Promoter and/or Ticketportal (§ 420a (3) of the Civil Code), in particular but not only for reasons on the part of the performers (e.g. deterioration of health, etc.), force majeure, natural disasters, adverse weather conditions or weather, strikes, demonstrations, wars, uprisings, riots, terrorist attacks or suspicions of them, or prohibitions of public events or the Event by any public authority, court or legal regulation, or (ii) for reasons on the part of the Customer (§ 420a (3) of the Civil Code), or (iii) for any other similar reasons listed in The Promoter's Terms, even if an alternate Event does not take place on an alternate date instead of the cancelled Event. This provision shall not apply in the extent in which its application is precluded by mandatory legal regulations with which it is in conflict.
- Exclusion of Claims for Reimbursement of Other Expenses: The Customer is not entitled to (i) reimbursement of other out-of-pocket expenses related to the Event, including the reduced, changed or cancelled Event, in particular travel expenses, accommodation and food expenses, nor to (ii) reimbursement of the costs of Ticket delivery, Ticket insurance or (iii) other fees under the Terms, if the services with them have been fully provided.
- Limitation of Liability for Non-delivery of Information on the Reduction, Change or Cancellation of the Event: If information on the reduction, change or cancellation of the Event is not available or delivered to the Customer due to reasons on the Customer's side, Force Majeure, Internet connection or power outages, breach of the Customer's obligations, or if the mail server on the Customer's side evaluates the Promoter's or Ticketportal's e-mail as spam or otherwise filters and blocks it and does not display it to the Customer, or if the Website or Event or Promoter's website is not displayed to the Customer for reasons on the Customer's side or the Device, the Promoter shall not be liable to the Customer for any damage or harm caused to the Customer due to non-delivery or non-display of the said information.
- Ticketportal's Exclusion of Liability: The Promoter, and not Ticketportal, is fully responsible for reductions, changes and cancellations of Events, and for the return of Purchase Prices. Ticketportal ensures the fulfillment of related rights and claims of Customers exclusively on behalf and for the account of the Promoter to the extent of the agreement between the Promoter and Ticketportal. For this reason, Customers do not have any claim or right against Ticketportal. Ticketportal does not bear any obligations or liabilities towards Customers due to reductions, changes or cancellation of Events and is also not obliged to return Purchase Prices to Customers or other payments or reimbursements, compensation or refunds to Customers from its own resources. Ticketportal is not obliged to process requests for the return of the Purchase Price, nor to return the Purchase Price if the Promoter has not authorized it to do these activities, has revoked such authorization or has not provided Ticketportal with the funds necessary to return the Purchase Price. Ticketportal publishes information about Events on the Website based on information provided by the Promoter.
9 Provisions for Consumers
- Limitation of Application of this Article: This article applies only to those Contracts that are, within the meaning of the definition in clauses 9.1 and 9.2 of the Terms and the Consumer Protection Law, consumer contracts, and where the Customer is a consumer, i.e. a person who is designated as a consumer by the Consumer Protection Law. This article does not apply to Contracts that are not consumer contracts. In the event that any provisions of the Terms in other articles conflict with this article, and at the same time it concerns a Contract that is a consumer contract, this article shall prevail over the provisions of other articles of the Terms. Persons who are not consumers may not invoke the rights specified in this article, which are granted by law exclusively to consumers, nor other provisions of the Terms that expressly grant certain rights and options only to consumers.
- Definition of Consumer: A consumer is a natural person who, in connection with a consumer contract, obligation arising from it or business practice, is not acting within the scope of his business activity or occupation. The relationship governed by the Terms is a consumer relationship if the Customer is a natural person who does not use the performance provided under the Contract within the scope of his business activity but for his own consumption. The relationship governed by the Terms is not a consumer relationship if the Customer is a natural person who uses the performance provided under the Contract within the scope of his business activity and not for his own consumption, and any legal entity. The Customer is not considered a consumer also if, when filling in the billing or payment data within the Service, he provides the data of a legal entity or a natural person with an identification number.
- Withdrawal from the Contract: The possibility of withdrawal from the relevant type of Contract is regulated in the relevant parts of the Terms:
- Service Contract: The Customer is entitled to withdraw from the Service Use Contract pursuant to the clauses 2.8 and 2.19 of the Terms, if he has not also concluded a Purchase Contract for which Registration is required under the Terms. In such a case, he is entitled to terminate the Service Contract only together with the Purchase Contract and for the same reasons and under the same conditions.
- Purchase Contract: The Customer is entitled to withdraw from the Purchase Contract pursuant to the clauses 3.27, 3.28 and 3.30 of the Terms.
- The Customer is further entitled to withdraw from the Contract also in cases pursuant to the Consumer Protection Regulations. The Customer is not entitled to withdraw from the Contract in cases other than those specified in the Terms and the Consumer Protection Regulations.
- Refund of Performance Upon Termination of the Service Contract: Given that the use of the Service and the Account is free of charge, these Terms do not contain any special rights and obligations of the Parties regarding the termination of the Service Contract, including the form for withdrawal from the Service Contract and the conditions for the return of the provided performance.
- Refund of Performance Upon Termination of the Purchase Contract: Given that the Purchase Contract cannot be terminated without giving a reason, the Customer is not entitled to a refund of the Purchase Price upon such termination of the Purchase Contract. Refund of the Purchase Price and other performance upon termination of the Purchase Contract for other reasons is governed by the clauses 8.14 to 8.17 of the Terms.
- Application of the Commercial Code: Legal relations established by the Contract concluded with the Customer who is a consumer are not governed by the Commercial Code.
- General Information Obligations of Ticketportal: Ticketportal provides the Customer with the following information, which it is obliged to provide to the Customer under the Consumer Protection Act when concluding a Service Contract:
- Main Features of the Service: The main features of the Service are set out in Article 2 of the Terms. Special services are set out in Article 7 of the Terms.
- Ticketportal's Contact Details: Ticketportal SK, s.r.o., Kalinčiakova 33, 831 04 Bratislava, Slovakia
- Ticketportal's E-mail:helpdesk@ticketportal.sk, reklamacie@ticketportal.sk, objednavky@ticketportal.sk
- Ticketportal's Phone Number: 00421 905 700 909
- Other Means of Online Communication: Ticketportal also provides Customers with the opportunity to contact Ticketportal via forms on the Website. Details are set out in the Terms.
- Product Sales Price and Method of Calculation: Access to the Website and Account itself is free of charge. Fees for special services are set out in Article 7 of the Terms.
- Terms of Performance: The terms of performance are the proper conclusion of the Service Contract.
- Payment Terms: Access to the Website and Account itself is free of charge. The payment terms for fees for special services are set out in Article 7 of the Terms.
- Delivery Terms and Time of Delivery: Ticketportal will start providing the Service immediately after successful Registration and conclusion of the Service Contract. Ticketportal will start providing special services after payment of the fees associated with them.
- Legal Liability for Defects and Availability of Consumer Guarantee: In the case of the Service and special services, there is no legal guarantee and liability for defects of the Service. Ticketportal does not provide a consumer guarantee for the Service and other special services and their availability.
- Procedure for Exercising Rights from Liability for Defects: The procedure for exercising rights from liability for defects is governed by Article 8 of the Terms.
- After-sales Service Terms: Ticketportal does not provide after-sales service.
- Duration of the Contract: The Service Contract is concluded for an indefinite period.
- Conditions of Termination of the Contract: The Customer is entitled to withdraw from the Service Contract pursuant to the clauses 2.8 and 2.19 of the Terms, if he has not also concluded a Purchase Contract for which Registration is required under the Terms. In such a case, he is entitled to terminate the Service Contract only together with the Purchase Contract and for the same reasons and under the same conditions. The Customer is entitled to withdraw from the Purchase Contract pursuant to the clauses 3.27, 3.28 and 3.30 of the Terms and pursuant to the mandatory provisions of the Consumer Protection Regulations. The contract for the provision of special services cannot be terminated by withdrawal, given that the services are considered to be provided at the moment of their first availability after payment of the fees associated with them.
- Information on the Absence of the Right to Withdraw from the Service Contract: The Customer is not entitled to withdraw from the Service Contract pursuant to § 19 (1)of the Consumer Protection Act, because the Service Contract is free of charge (if it is a Service related to the Account).
- Information on the Loss of the Right to Withdraw from the Contract pursuant to § 19 (1) of the Consumer Protection Act: In the case of services pursuant to Article 7 of the Terms, these services are considered to be fully provided at the moment of commencement of their provision, due to their nature. By giving consent to the commencement of the provision of these services before the expiry of the withdrawal period pursuant to § 19 (1)of the Consumer Protection Act, the Customer loses the right to withdraw pursuant to § 19 (1)of the Consumer Protection Act after the full provision of these services.
- Confirmation of the Customer's Declaration Pursuant to § 17 (12) (b) of the Consumer Protection Act: Ticketportal confirms that the Customer has declared that he has been informed that by granting consent to the commencement of the provision of services pursuant to Article 7 of the Terms before the expiry of the withdrawal period pursuant to § 19 (1)of the Consumer Protection Act, he loses the right to withdraw pursuant to § 19 (1)of the Consumer Protection Act after the full provision of these services.
- Confirmation of the Customer's Consent Pursuant to § 17 (12) (b) of the Consumer Protection Act: Ticketportal confirms that the Customer has agreed to the start of the provision of services pursuant to Article 7 of the Terms before the expiry of the withdrawal period pursuant to § 19 (1)of the Consumer Protection Act.
- Minimum Duration of the Customer's Obligations: The Customer's obligations under the Service Contract do not have a minimum duration.
- Data on the Functionality of the Service: The Service does not contain technical protective measures. Functionality limitations are set out in the clauses25 to 2.27 of the Terms.
- Compatibility and Interoperability Information: The service is not compatible and interoperable with other services and products.
- Information on the Consumer’s Right to Request Correction: The customer is entitled to seek corrections under the Alternative Dispute Resolution Act, with more detailed information set out in the clauses 9.10 to 9.12 of the Terms.
- General Information Obligations of the Promoter: The Promoter provides the Customer with the following information that it is obliged to provide to the Customer under the Consumer Protection Act when concluding a Purchase Contract:
- Main Features of the Performance: The main features of the performance are always listed on the Website in the section about the Event to which the Tickets, which are the subject of purchase under the Purchase Contract, relate.
- Contact Details of the Promoter: The contact details of the Promoter are generally listed on the Website in the section about the Event to which the Tickets, which are the subject of purchase under the Purchase Contract, relate, and in the confirmation e-mail about concluding the Purchase Contract.
- Ticketportal e-mail:helpdesk@ticketportal.sk, reklamacie@ticketportal.sk, objednavky@ticketportal.sk and the contact details of the Promoter, which are listed on the Website in the section about the Event to which the Tickets, which are the subject of purchase under the Purchase Contract, relate. Ticketportal is a person who is different from the Promoter, and with whom the Customer may exercise rights against the Promoter, such as rights from liability for defects, withdrawal from the Purchase Contract, request for correction or submit another complaint, while Ticketportal's contact details are different from the Promoter's contact details.
- Other Means of Online Communication: Ticketportal provides Customers with the opportunity to contact Ticketportal also via forms on the Website. Details are provided in the Terms.
- Ticketportal's Phone Number: 00421 905 700 909 and the Promoter's contact details, which are listed on the Website in the section about the Event to which the Tickets, which are the subject of purchase under the Purchase Contract, relate.
- Product Sales Price and Method of Calculation: The purchase price is always listed on the Website in the section about the Event to which the Tickets, which are the subject of purchase under the Purchase Contract, relate. Additional costs and fees may be included in the total price if the costs and fees cannot be determined in advance.
- Information that the Purchase Price for a specific Customer or Group of Customers is Determined on the Basis of Automated Decision-making Including Profiling: The Purchase Price for a specific Customer or group of Customers is not determined on the basis of automated decision-making or profiling.
- Terms of Performance: The terms of performance are the proper conclusion of the Purchase Contract and, if applicable, Registration, if required by the Promoter and Ticketportal.
- Payment Rerms: The payment terms are set out in Article 4 of the Terms.
- Delivery Terms and Time of Delivery: The delivery terms are set out in Article 5 of the Terms.
- Legal Liability for Defects and Availability of Consumer Guarantee: In the case of delivery of performance, there is legal liability for defects to the extent set out in the mandatory Consumer Protection Regulations (in particular § 499 to 510 and § 618 to 626 of the Civil Code). The Promoter does not provide a consumer guarantee because its provision is incompatible with the nature of the performance.
- Procedure for Exercising Rights from Liability for Defects: The procedure for exercising rights from liability for defects is regulated by Article 8 of the Terms.
- After-sales Service Terms: The Promoter does not provide after-sales service.
- Duration of the Contract: The Purchase Contract is concluded for an indefinite period.
- Conditions of Termination of the Contract: The Customer is entitled to withdraw from the Purchase Contract pursuant to the clauses 3.27, 3.28 and 3.30 of the Terms and pursuant to the mandatory provisions of the Consumer Protection Regulations.
- Information on the Customer's Obligation to Bear the Costs of Returning the Performance After Withdrawal from the Purchase Contract: The Customer bears the costs of returning the performance after withdrawal from the Contract, including the costs of returning the performance, which, due to its nature, cannot be returned via post. If the Customer has the right to withdraw from the Purchase Contract in the future for any reason pursuant to § 19 (1)of the Consumer Protection Act, the Customer shall bear the costs of returning the performance, including the costs of returning the performance, which, due to its nature, cannot be returned via post.
- Information on the Impossibility of Withdrawing from the Purchase Contract Pursuant to § 19 (1) of the Consumer Protection Act: The Customer is not entitled to withdraw from the Purchase Contract pursuant to § 19 (1)of the Consumer Protection Act, because the Purchase Contract concerns Tickets that constitute an entitlement to use services related to leisure activities (attending an Event), if, according to the Purchase Contract, the Promoter is to provide these services at a precisely agreed time (one-time Tickets) or within a precisely agreed period (Season Tickets).
- Information on the Circumstances Under Which the Customer Loses the Right to Withdraw from the Purchase Contract: The Customer is not entitled to withdraw from the Purchase Contract and/or return the performance that he has used, consumed, damaged or otherwise made unusable, or if the Event has already taken place, even if the Customer did not participate in it, and for other reasons specified in the Terms.
- Minimum Duration of the Customer's Obligations: The Customer's obligations under the Purchase Contract do not have a minimum duration.
- Information on the Customer’s Obligation to Pay an Advance payment or Provide Financial Safeguard: The Customer is not obliged to pay an advance payment on the Purchase Price or provide financial collateral. The obligation to pay the Purchase Price before delivery of the performance is not considered a requirement to pay an advance payment on the Purchase Price or financial collateral. This is without prejudice to the provisions of the relevant tax and accounting regulations on the issuance of advance payment and tax settlement documents.
- Information on the Consumer’s Right to Request Correction: The Customer is entitled to request redress under the Alternative Dispute Resolution Act, with more detailed information provided in clauses 9.10 to 9.12 of the Terms.
- Information Obligations of Ticketportal as an Operator of the Online Marketplace: Ticketportal as an operator of the Sales Portal, which is an online marketplace, provides the Customer with the following information, which it is obliged to provide to the Customer under the Consumer Protection Act:
- Main Parameters Determining the Order of Offers in the Customer's Search Results: The main parameters on the basis of which the order of display of offers on the Sales Portal is determined are (i) popularity (content is sorted according to the traffic) (ii) time perspective (content is sorted according to the date of its addition), and (iii) topic (content is sorted according to the individual topics). The order of parameters was chosen to correspond to the economic importance for Ticketportal and takes into account the user experience. The mechanism for determining the order of content takes into account the nature of the content and its relevance for Customers according to the above parameters (popularity, date of addition, topic).
- Whether the Person Offering the Product Through the Sales Portal is a Trader According to the Declaration Provided to Ticketportal: The Promoters are traders within the meaning of the Consumer Protection Regulations. If this is not the case, Ticketportal will inform the Customer of this fact.
- Guidance: If the Promoter is not a trader within the meaning of the Consumer Protection Regulations, the Consumer Protection Regulations will not apply to the Purchase Contract.
- Division of Obligations Related to the Conclusion of the Purchase Contract: Ticketportal does not share the fulfillment of obligations under the Purchase Contract with the Promoter and all obligations under the Purchase Contract are to be fulfilled by the Promoter. Ticketportal is an entity authorized by the Promoter to perform actions on behalf and for the account the Promoter when concluding the Purchase Contract, accepting and processing payments of the Purchase Price, processing complaints, returning the Purchase Price in cases specified in the Terms, providing customer services for the Customer and communicating with the Customer. The Sales Portal and the System represent the basis of the online marketplace and enable the Promoters to ensure the fulfillment of their obligations by using the services of Ticketportal. The Promoter itself ensures the organization of the Event.
- Request for Correction: The Customer has the right to submit a request for correction to Ticketportal if a dispute arises between the Customer and Ticketportal or the Promoter from the exercise of rights from liability for defects or if the Customer believes that Ticketportal or the Promoter has violated his other rights as a consumer. Ticketportal shall inform the Customer on a durable medium (including electronic mail) about the relevant alternative dispute resolution entities if Ticketportal has responded negatively to the Customer's request for correction. The Customer has the right to submit a proposal to initiate alternative dispute resolution with an alternative dispute resolution entity if Ticketportal has responded negatively to the Customer's request for correction or has not responded to it within 30 days of the date of its sending. This does not affect the possibility of contacting the court. The relevant entity for alternative dispute resolution of consumer disputes with Ticketportal and the Promoter is the Slovak Trade Inspection or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the website www.mhsr.sk). The Customer has the right to choose which of the listed alternative dispute resolution entities to contact.
- Alternative Dispute Resolution: The Alternative Dispute Resolution Platform is located on the website of the European Commission: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show& lng=SK
- Supervisory Authority: The supervisory authority is the Slovak Trade Inspection, Central Inspectorate, Bajkalská 21/A, 827 99 Bratislava, https://www.soi.sk/sk/Kontakt.soi
10 Privacy and Personal Data Protection
- Application of the Privacy Policy: This Article applies only to Customers who are natural persons. The Customer, as the Data Subject, acknowledges that (i) in the case of a Service Contract, the controller within the meaning of the Personal Data Protection Regulations is Ticketportal and (ii) in the case of a Purchase Contract, the controller within the meaning of the Personal Data Protection Regulations is the Promoter and the processor is Ticketportal, whereby the controller is authorized to process the personal data of the Data Subject pursuant to Article 6 (1) (b) and (f) of the General Data Protection Regulation and § 13 (1) (b) and (f) of the Personal Data Protection Act by concluding the relevant Contract.
- Responsible Person: The responsible person of Ticketportal, if designated, is listed on the Website. The Promoter's responsible person, if designated, is listed on the Promoter's website.
- Purpose of Processing: The purpose of processing the Personal Data of the Data Subject is (i) providing the Service and services related to the Service, Account and Website, and/or selling Tickets, (ii) concluding and fulfilling the Contract, (iii) collecting and enforcing receivables from the Contracts and (iv) recording users of the Service and Website and Customers, (v) protecting the rights of Ticketportal, the Promoter and third parties, (vi) preparing and analyzing statistical data, in which case the data is usually anonymized and aggregated, so that it is not possible to determine the identity of the Customer, (vii) measuring the traffic of the Website, (viii) improving the content of the Service and Website and its development, (ix) ensuring the security of Ticketportal's systems against unauthorized interference and access, (x) fulfilling the legal obligations of Ticketportal and the Promoter, in particular under tax and accounting regulations, and (xi) direct marketing in the form of sending offers of similar goods and services to the Data Subject, which were not refused by the Data Subject pursuant to § 116 (14) and (15( of the Electronic Communications Act, and are refusable at any time, (xii) sending so-called push notifications to the Data Subject's Device in which the Service and the Website are used, with an offer of goods and services or current information about the Service, while the Data Subject is entitled to adjust the scope of the content of push notifications in the Service, (xiii) creating back-ups for the purpose of protecting the rights of Ticketportal and third parties after the termination of the Contract, the security of Ticketportal's systems, and demonstrating compliance with legal regulations by Ticketportal.
- Legal Basis for Processing: The legal basis for processing Personal Data is (i) the fulfillment of the contractual obligations of Ticketportal and the Promoter under the Contract (Article 6 (1) (b) of the General Data Protection Regulation and § 13 (1) (b) of the Personal Data Protection Act) and (ii) the legitimate interest of Ticketportal and the Promoter (Article 6 (1) (f) of the General Data Protection Regulation and § 13 (1) (f) of the Personal Data Protection Act), which consists, for example, in in the interest of the proper and complete fulfillment of the Contract, if concluded, and the possible exercise of claims by Ticketportal, the Promoter or a third party against the Data Subject, the processing of data for statistical purposes, measuring traffic, analyzing the preferences of the Data Subject, improving the content and development of the Service and the Website, securing Ticketportal's systems and demonstrating Ticketportal's compliance with legal regulations, and direct marketing.
- List of Processed Personal Data: Ticketportal and the Promoter will process the personal data of the Data Subject to the following extent (list of personal data), whereby the Personal Data is obtained directly from the Data Subject as part of registration or from communication with the Data Subject or as part of logging the Data Subject's activity on the Website:
- Mandatory Identification Data: name, surname, e-mail, password (in encrypted form), residential address, delivery address, date of birth
- Other Automatically Processed Data: method and time of registration, IP address, unique device identifier, logs of the Data Subject's activities within the Data Subject's account in the Service and on the Website, unique ID of the operating system of the Device from which the Data Subject logs in, dates and times of access to the Service and the Website, changes in the Service and the Website
- Data upon Termination of the Contract: the above-mentioned data of the Data Subject and the reason for termination of the Contract, which are necessary to prevent re-conclusion of the Contract and/or registration.
- Time of Processing: Time of processing and storage of Personal Data is the duration of the Contract + 10 years (statute of limitations) from the fulfillment / termination of the Contract. In the case of claims, this is the period necessary for the claims of the Data Subject and/or Ticketportal and/or the Promoter to be asserted in court proceedings determined in accordance with the relevant legal regulation (statute of limitations + necessary reserve of at least twelve months) and subsequently the duration of such proceedings, including enforcement. The processing of Personal Data will always last at least for the duration of the Contract.
- Contractual Requirement: The provision of Personal Data is a contractual requirement, as well as a requirement for the conclusion of a Contract between Ticketportal/Promoter and the Data Subject, which is necessary for the purposes specified in the clause 10.3. The provision of Personal Data is voluntary in the sense of the voluntary nature of the conclusion of the Contract, and in the event of their failure to be provided, Ticketportal/Promoter cannot conclude a Contract with the Data Subject. Providing consent to the processing of personal data is not a condition for concluding a Contract. Without providing Personal Data, it is not possible to use the Service and to register.
- Automated Decision-making and Profiling: Ticketportal uses automated decision-making and profiling. Given that automated decision-making and profiling are necessary for the fulfillment of the Contract by Ticketportal, the Data Subject does not have the right not to be subject to a decision that is based solely on automated processing of personal data, including profiling, and that produces legal effects concerning him or her or similarly significantly affects him or her. However, the data subject has (i) the right to obtain verification of a decision made by automated means and based on profiling, (ii) the right to express his or her point of view on a decision made by automated means and based on profiling, and (iii) the right to contest a decision made by automated decision-making and based on profiling. The Data Subject may exercise his or her rights under this clause by e-mail.
Ticketportal uses the following procedure for automated decision-making and profiling: Information about purchased Tickets, Season Tickets, purchases that concern the Data Subject, as well as information about his or her participation in Events, is processed. The significance of automated decision-making and profiling lies in the fact that the Ticketportal gains the opportunity to provide the Data Subject with better quality services and products that take into account the interests of the Data Subject, while automation is more effective than non-automated processing of the above-mentioned information about their behavior, given the number of Data Subjects, and further improve these services and products, and the Data Subject gains access to information and offers that are relevant to him/her. The consequences of automated decision-making and profiling are that the Data Subject may receive relevant purchase invitations, notifications, marketing offers or other messages from the Ticketportal related to the above-mentioned behavior of the Data Subject.
- Providing to Third Parties and Transfer of Personal Data: The Data Subject acknowledges that his/her Personal Data may also be provided to third parties, which are:
- IRS network, a.s., which provides the System and its operation.
- Employees of Ticketportal and the Promoter.
- Persons who provide accounting, tax, financial, legal and other consulting services to Ticketportal and the Promoter.
- Suppliers of external services (programming and other technical support services, server services, call center, e-mail distribution, services related to traffic measurement and adapting content to the preferences of the Data Subjects).
- Operators of backup servers and operators of technologies used by Ticketportal and the Promoter to ensure the functionality of the services.
- Persons managing and collecting receivables of Ticketportal and the Promoter and collection agencies.
- Public authorities in accordance with legal regulations.
Personal data will be transferred to another member state of the European Union (Czech Republic) for the purpose of processing by a third party (processor).
- Rights of the Data Subject: The Data Subject has the rights of the Data Subject pursuant to Chapter III of the General Data Protection Regulation and Title II of the Personal Data Protection Act, in particular (i) the right to information pursuant to Articles 13 and 14 of the General Data Protection Regulation and § 19 to 21 of the Personal Data Protection Act and to communication pursuant to Articles 15 to 22 and Article 34 of the General Data Protection Regulation and § 22 to 28 and § 41 of the Personal Data Protection Act concerning the processing, in a concise, transparent, intelligible and easily accessible form, formulated in a clear and plain language and provided in writing or by other means and, where appropriate, by electronic means, (ii) the right to access his/her Personal Data, (iii) the right to rectification of Personal Data, (iv) the right to erasure of Personal Data (right to be forgotten), (v) the right to restriction of processing of Personal Data, (vi) the right to notification that Personal Data has been rectified, erased or their processing has been restricted, (vii) the right to portability of Personal Data, if their processing is carried out on the basis of consent or a contract and is carried out by automated means, (viii) the right to object to the processing of Personal Data, (ix) the right to verify a decision made by automated means and based on profiling in a non-automated manner, the right to express one's opinion on a decision made by automated means and based on profiling, and the right to challenge a decision made by automated decision-making and based on profiling, (x) the right to withdraw consent to the processing of Personal Data at any time, and (xi) the right to submit a complaint to the supervisory authority (Personal Data Protection Office of the Slovak Republic, www.dataprotection.gov.sk) and a proposal to initiate personal data protection procedure. The scope, limitations and methods of exercising the aforementioned rights are set out in Chapter III of the General Data Protection Regulation and Title II of the Personal Data Protection Act.
- Right to Object: The data subject has the right to object to the processing of personal data if it is processed for reasons of public interest, legitimate interest or for direct marketing purposes. Objection to the processing of personal data can be made by e-mail.
- Right to Withdraw Consent: The data subject is entitled to withdraw consent to the processing of personal data, if the processing of personal data is carried out only on the basis of his/her consent, by electronic mail.
- Right to Erasure: In the case of Personal Data of a person under 18 years of age, the Data Subject may request the erasure of Personal Data provided before reaching the age of 18.
- Age Restrictions: Ticketportal processes Personal Data in connection with the offer of information society services legally based on the consent of the data subject, if the Data Subject has reached the age of 16. If the Data Subject is under 16 years of age, such processing of Personal Data is legal only under the conditions and to the extent that such consent has been provided or approved by his/her legal representative.
- Contact Information: If the Data Subject has the opportunity to exercise their rights under this article against Ticketportal via e-mail, they may exercise them at the address zodpovednaosoba@ticketportal.sk.
- Supervisory Authority: The processing of personal data is overseen by the Office for Personal Data Protection of the Slovak Republic with its registered office at Hraničná 4826/12, 820 07 Bratislava - Ružinov. The Data Subject is entitled to submit a proposal to initiate proceedings on the protection of personal data to this office as a supervisory authority.
11 Special Rules under the Digital Services Act
- Online Platform: This part of the Terms regulates special rules under the Digital Services Act. The Sales Portal and the Website are online platforms pursuant to Article 3 (i) of the Digital Services Act. Ticketportal provides Promoters with the opportunity to use the platform as an online marketplace and thus provides Promoters and Customers with services pursuant to Article 29 of the Digital Services Act. The Website provides the possibility for Customers to conclude contracts with traders remotely.
- Exclusion of Liability: Ticketportal is not responsible, to the extent regulated by the Digital Services Act, for the activities and information of the Promoters or Customers or for the content they publish through the Service.
- Objectionable Content: The following content on the Website or within the Service is considered illegal or in violation of the terms of use of the related services:
- The content violates law, in particular but not limited to criminal law and law regulating misdemeanors and torts.
- The content violates good morals.
- The content violates principles of fair business dealings.
- The content violates decisions of courts and/or public authorities.
- The content violates ethical codes that Ticketportal has undertaken to adhere to.
- The Content unlawfully infringes the rights or legally protected interests of any persons, including Ticketportal and persons affiliated with it, their employees, their statutory representatives and members of their bodies.
- The Content infringes the rights or legally protected interests of any third parties.
- The Content threatens or damages the good reputation or name of Ticketportal or persons affiliated with it.
- The Content contains advertising or commercial information of third parties.
- The Content contains advertising or commercial information about the competition of Ticketportal or persons affiliated with it.
- The Content does not directly relate to the thematic focus of the Service and the Website.
- The Promoter binds the provision of additional information to the payment of a special fee, including but not limited to paid SMS messages or calls to telephone numbers with a special tariff.
- The Content is objectionable for other reasons under the Terms or legal regulations or is in conflict with the Terms or legal regulations.
- Liability for Content: Ticketportal is not liable for the content within the Service or on the Website to the extent provided for by the Digital Services Act. Ticketportal is entitled but not obliged to carry out preventive checks of the content stored by the Organizers on the Website. Ticketportal is entitled to delete any content from the Service and the Website for any reason.
- Notification of Objectionable Content and Complaint: If the Promoter, Customer or third party suspects that illegal content or content that is in conflict with the terms of the Service or otherwise objectionable content is being distributed on the Website or within the Service, they may notify Ticketportal of this fact. If the notifier does not agree with the outcome of their notification, they may send a complaint to Ticketportal. Complaints submitted under the Digital Services Act must be delivered to Ticketportal within six months of the date on which the complainant was informed of the decision on his complaint pursuant to Article 16 (5) or Article 17 of the Digital Services Act.
- System for Reporting Objectionable Content: Ticketportal has implemented a system pursuant to Article 20 of the Digital Services Act. The contact points for sending notifications and complaints pursuant to this clause are listed on the website https://www.ticketportal.sk/Article/7470. The system for reporting objectionable content and processing the complaints may be used by third parties in addition to Customers.
- Suspension of Processing of Notifications and Complaints: Ticketportal does not apply the suspension of processing of notifications and complaints submitted through the mechanisms pursuant to the Digital Services Act to persons who frequently submit manifestly unfounded notifications and/or complaints. However, if there are persons who submit more than two manifestly unjustified notifications or complaints in one week, Ticketportal is entitled to suspend and not accept notifications and complaints from such persons for a period of two months.
- Out-of-court Dispute Resolution: The person concerned may also use the out-of-court dispute resolution system pursuant to Article 21 of the Digital Services Act.
- Main Parameters for Determination of the Order of Content Within the Service on the Website: The main parameters on the basis of which the order of content display within the Sales Portal on the Website is determined are (i) popularity (content is sorted according to the traffic) (ii) time perspective (content is sorted according to the date of its addition), and (iii) topic (content is sorted according to the individual topics). The order of parameters was chosen to correspond to the economic importance for Ticketportal and to take into account the user experience. The content ranking mechanism takes into account the nature of the content and its relevance to Customers according to the above parameters (popularity, date added, topic).
- Differential Treatment: Ticketportal does not apply differential treatment to the services and products offered to Customers by itself or for a person controlled or connected by it.
12 Common and Final Provisions
- Delivery: A document is deemed to have been delivered at the time of its receipt or refusal to accept or deposit it at the post office or postal enterprise if the document is not delivered due to the impossibility of contacting the addressee at his address by the deliverer. If the document cannot be delivered for other reasons or there are reasonable doubts about the time of its delivery, the document is deemed to have been delivered on the third day after it was sent. A document delivered by e-mail is deemed to have been delivered at the time of its sending to the correct e-mail address, even if the addressee does not confirm its receipt. A document delivered by fax is deemed to have been delivered at the time of its receipt by the addressee's fax machine, the said time being stated on the confirmation printed by the sender's fax machine. Documents delivered via the Account interface are deemed to have been delivered at the moment of the next login to the Account after the document has been delivered to the Account interface.
- Electronic Invoices: Ticketportal is entitled, but not obliged, to issue and send tax documents to the Customer electronically in the form of an electronic invoice, whereby the Customer grants Ticketportal its express and irrevocable consent to issue, send and deliver an Electronic Invoice by placing an Order. The issue, send and deliver of an electronic invoice also means making the tax document available via the System in the Account, if created. Electronic invoices may be delivered, sent or made available to the Customer in one file, whereby data that is common to individual invoices need only be provided once, if all information is accessible for each electronic invoice. The Customer is obliged to ensure the security of their login data to their Account. The date of sending and delivery of an electronic invoice is considered to be the date of sending the electronic invoice to the Customer by e-mail or the date of making it available to the Customer by another method of electronic data exchange, e.g. via the System in the Account. Ticketportal shall ensure the authenticity of the origin, the immutability of the content and the readability of the electronic invoice in accordance with its internal rules and standards.
- Governing Law: The Terms and the Contract are governed by Slovak law and the Commercial Code. If the Contract is a consumer agreement, the restrictions on the choice of the Commercial Code apply to it. This provision constitutes a written agreement on the choice of law pursuant to the Applicable Law Regulation and the Private International Law Act, which is concluded at the time of conclusion of the Contract.
- Jurisdiction to Resolve Disputes: All disputes arising from the Contract and/or the Terms shall be resolved by a Slovak court pursuant to the Regulation on Jurisdiction in Court Matters. This provision constitutes a written agreement on the choice of court jurisdiction pursuant to the Regulation on Jurisdiction in Judicial Matters and the Private International Law Act, which is concluded at the time of conclusion of the Contract. The local jurisdiction of the Slovak court will be determined in accordance with the relevant provisions of the Civil Litigation Code.
