Terms and Conditions for Ticket Sales
of Lenka Zemanová with registered office at Zahradní 3401, Milovice 289 24, Company ID: 07579063, tel.: 606 379 809, email: rybyarybicky@rybyarybicky.cz for the sale of goods (tickets) through the online store located at the website www.rybyarybicky.cz
1. Introductory Provisions
a) These terms and conditions (hereinafter referred to as “Terms and Conditions”) of Lenka Zemanová with registered office at Zahradní 3401, Milovice 289 24, Company ID: 07579063 (hereinafter referred to as the “Seller”) regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or based on the purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located at www.rybyarybicky.cz (hereinafter referred to as the “Website”).
b) These Terms and Conditions and the Complaints Procedure define and specify the rights and obligations of the Seller and the Buyer when selling tickets for any cultural, social, sporting, or other events (hereinafter referred to as “Events”) through the online store operated on the Website.
c) Contacting the Seller means contacting the authorized person by phone at their specific phone number or email, if known to the Buyer, or at the general phone or email listed in the Contacts section on the Website.
d) These Terms and Conditions form an integral part of the Purchase Contract concluded between the Buyer and the Seller, and by purchasing tickets, the Buyer acknowledges that they have read these Terms and Conditions and expressly acknowledge that these Terms and Conditions are part of the contractual arrangement between them and the Seller.
2. Subject of the Contract
a) The subject of the contract is the Seller's obligation to deliver tickets to the Buyer for their selected Event, in the quantity requested by the Buyer, and the Buyer's obligation to pay the ticket price.
b) The Purchase Contract is concluded upon payment of the ticket price by the Buyer.
c) The Seller undertakes to deliver the tickets to the Buyer without undue delay after payment of the ticket price, provided that in the case of online purchases, the tickets will be delivered electronically to the email address provided by the Buyer. The Buyer is not entitled to delivery of tickets before the full ticket price for the Event is paid into the Seller's bank account.
d) The Seller's obligation under the Purchase Contract is fulfilled upon delivery of the tickets to the Buyer.
e) Tickets are not sent by mail, even cash on delivery is not applicable.
3. Rights and Obligations of the Contracting Parties Regarding the Event for which Tickets are Purchased
a) The Seller is the organizer of the individual Events for which tickets are sold. By purchasing a ticket to an Event, a legal relationship is established between the Buyer and the Seller as the organizer of the Event. The Seller is responsible for fulfilling the obligations of the Event organizer that arise from the contractual relationship between the Buyer and the Seller as the Event organizer.
b) By purchasing a ticket, the Buyer agrees to comply with the rules set by the Seller as the organizer of the Event. Furthermore, by purchasing a ticket, the Buyer agrees to comply with the operational and visitor regulations of the venue where the Event is held.
c) The Seller, as the organizer of each Event, reserves the right to change the program, date, and venue of the Event. By purchasing a ticket, the Buyer acknowledges this right of the Seller as the organizer.
d) The Seller is not responsible for the validity and authenticity of tickets purchased outside the Seller’s website.
4. Ticket Purchase Procedure and Payment Terms
a) The price for each ticket is specified individually for each Event. Any additional fees associated with the ticket purchase are also listed for each Event.
b) If a ticket is purchased through the website, the payment can only be made by a credit card that allows online payments, or by a bank transfer to the Seller's bank account.
c) The Seller is not responsible for any costs incurred by the Buyer in connection with the purchase of a ticket arising from the contractual relationship between the Buyer and the bank that issued the payment card to the Buyer or maintains the bank account through which the Buyer made the payment for the ticket.
d) Tickets are not sent cash on delivery.
e) Discount codes cannot be applied to VIP cards.
f) The Czech Trade Inspection Authority, based at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the Purchase Contract.
g) The Seller reserves the right to cancel the Event without any claim for damages or injury to the Buyer beyond the ticket prices. Especially if forced to do so by unforeseen conditions (e.g., government regulation, state of emergency, crisis, disaster, failure to meet the conditions for holding this type of event, etc.).
5. Withdrawal from the Contract
a) In accordance with the provisions of Section 1837 (j) of Act No. 89/2012 Coll., the Civil Code, as amended, the Buyer has no right to withdraw from the contract concluded between the Buyer and the Seller pursuant to Section 1829 of the Civil Code (withdrawal from the contract within 14 days without giving reasons), given that this is a contract for the use of leisure time and the performance is provided by the entrepreneur, i.e., in this case, the organizer of the Event, at a specified time.
6. Complaints Procedure
a) All complaints about tickets purchased through the Website are governed by these Terms and Conditions and the Complaints Procedure set out in this Article 6.
b) The Buyer is entitled to a refund of the ticket price only in the cases and under the conditions specified below.
c) The Buyer is not entitled to an exchange of the ticket. In the event of damage, destruction, loss, theft, or other devaluation of the ticket, the ticket will not be replaced and the Buyer will not be refunded.
d) The Seller is not liable if the ticket is not delivered to the Buyer due to reasons on the Buyer's side, especially if it is not possible to deliver the ticket to the Buyer’s email address (e.g., full mailbox, spam filter, etc.).
e) If the Buyer has not received the ticket no later than 2 hours after the full payment of the ticket price, i.e., after the full ticket price has been credited to the Seller’s account, the Buyer is obliged to immediately, but no later than 48 hours from the end of the above deadline for ticket delivery, contact the Seller and inform them that the paid ticket has not been received. For this purpose, the Buyer is required to provide the Seller with the name and email address that were given as contact or identification details when purchasing the ticket. If the Seller finds that the ticket has indeed not been delivered to the Buyer, the procedures set out below in paragraph (f) and/or (g) will be followed.
f) The Seller undertakes to send the Buyer the ticket again to the email address provided by the Buyer no later than 24 hours, but no later than 1 hour before the Event takes place.
g) If the Event has already taken place, the Seller undertakes to refund the Buyer the paid admission fee no later than 14 days from the date the Buyer’s complaint is submitted.
h) If the Event is completely cancelled by the Seller as the organizer, the Buyer who provided the Seller with their contact details (email, phone, postal address, fax, etc.) will be notified via this contact that the Event has been cancelled. The Seller is not liable to the Buyer if the Buyer cannot be reached in time via this contact or if the Buyer receives timely sent notice of cancellation of the Event with a delay.
ch) If the Event is completely cancelled by the Seller as the organizer, the Seller will refund the ticket price in full in the manner described below.
i) If the conditions for refunding the ticket price under paragraph 7 of this Complaints Procedure are met, the ticket price will be refunded to the Buyer through the credit card used to pay the ticket price and, in the case of a bank transfer, to the bank account from which the ticket price was sent. The full refund of the ticket price paid by the Buyer will be made no later than 14 days from the date of cancellation of the Event.
7. Personal Data Protection
a) The Seller processes the personal data of the Buyer for the purpose of fulfilling the contractual relationship between the Seller and the Buyer in the sense of Article 6 (1) (b) of the General Data Protection Regulation EU 2017/679, to the extent provided by the Buyer; to the maximum extent possible, this includes: name, surname, email address, phone number, and bank account or credit card number. The minimum scope of personal data that the Seller reserves as a condition for concluding the contract and which the Buyer is obliged to provide includes the following personal data: name and surname, email address. The bank account number or credit card number is recorded without linkage to other personal data in the Seller’s bank statements and these personal data are not otherwise processed in any way.
b) Specifically, the following sub-purposes of personal data processing are involved:
- Delivering tickets to the Buyer, sending information about changes to Events or tickets, and enabling the Buyer to enter the Event;
- Identification of the Buyer in case of complaint resolution as per the complaints procedure in Article 6;
- Sending informational and commercial communications.
c) The Buyer enters their personal data through the Website. In case of incorrectly entered data (e.g., typo in the name or phone number), the Buyer is obliged to contact the Seller. The Seller stores the personal data for as long as necessary, but no longer than 12 months, and then deletes the personal data. If the Buyer wishes to have the data deleted earlier, they may contact the Seller and request the deletion of their personal data.
d) The Seller retains the email addresses of all Buyers indefinitely and uses them for sending commercial communications related to Events. The Buyer may click on a clearly marked box at registration that they do not wish to receive commercial communications (in this case, their email address will not be included in the mailing list). If the Buyer subsequently decides not to receive commercial communications, they can cancel them simply by replying to the email indicating they no longer wish to receive any commercial communications or using the link contained in the sent message; in this case, their email address is subsequently removed from the mailing list. The Buyer may also contact the Seller directly to express their disagreement with receiving commercial communications.
e) At the Events, the Seller as the organizer takes photos and short audiovisual recordings for the purpose of promoting the Events on the Internet. The Seller makes every effort to respect the privacy of visitors when taking photographs and filming as much as possible. If the Buyer finds themselves clearly recognizable in any image, they may contact the Seller and request that they take technical measures to anonymize the affected Buyer as a visitor, particularly by artificially blurring their image.
f) The Buyer is entitled to contact the Seller or the Data Protection Authority at any time with requests or complaints regarding the processing of their personal data.
8. Final Provisions
a) Should any provision of these Terms and Conditions and Complaints Procedure prove to be invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions of these Terms and Conditions and Complaints Procedure, which are separable from the invalid or ineffective provision.
b) The Seller is entitled to change these Terms and Conditions at any time.
c) All provisions of these Terms and Conditions and Complaints Procedure and the contractual relationship between the Buyer and the Seller shall be governed by Czech law.
In Prague on 15.5.2020