Terms and Conditions

SECTION 1 – INTRODUCTION AND BASIC TERMS

1.1. Who shall comply with these Terms and Conditions?

1.1.1. BOOM Events s.r.o., with its registered office in Prague 6, Vokovice, K Červeném vrchu 678/1, postal code 160 00, Commercial Registration No. (IČO): 18011837, registered in the Commercial Register maintained by the Municipal Court in Prague under file number C 380107 (hereinafter referred to as "BOOM Events"), acting as a mediator for the sale of tickets and vouchers.

1.1.2. Any entity that enters into an agreement with BOOM Events on the mediation of ticket and voucher sales to third parties for events organized by such entity (hereinafter referred to as the "Organizer"). Each Organizer is identified in the event description, including contact details.

1.1.3. Any person who intends to use the option of purchasing tickets or vouchers through BOOM Events for an event organized by the Organizer, and who may also register for this purpose and have an account created, and who at the same time expresses their consent to these Terms and Conditions (hereinafter referred to as the "Buyer").

1.2. What do these Terms and Conditions provide for?

1.2.1. These Terms and Conditions govern the rights and obligations of BOOM Events, of the Organizer and of the Buyer arising in connection with the mediation of ticket and voucher sales by BOOM Events to the Buyer for cultural, sporting or other events organized by the Organizer (hereinafter referred to as the "Event(s)").

1.2.2. BOOM Events offers tickets and vouchers for the Organizers' Events on its website boomevents.org and arranges for their production, sale and delivery to the Buyers, on behalf of the Organizer (BOOM Events acts as a sales mediator) and for the Organizer's account, based on authorization granted in accordance with the agreement concluded between BOOM Events and the Organizer.

1.2.3. By purchasing a ticket or a voucher, the Buyer acknowledges that the organizer of the Event is the Organizer, not BOOM Events. The Organizer is responsible for holding the Event or any changes thereto, including changes to the conditions of use of a Voucher. The Organizer is also responsible for notifying the Buyer of any cancellation or changes to the Event. The Organizer reserves the right to make changes regarding the Event, its program, date, venue or conditions. The Buyer also acknowledges this right of the Organizer. BOOM Events shall in no way be liable for the timeliness of information about an Event organized by the Organizer on its website in the event that the Organizer fails to notify BOOM Events of any cancellation or changes to the Event.

1.2.4. BOOM Events does not provide payment services to the Organizer when mediating the sale of tickets and vouchers.

1.2.5. Payments by Buyers for purchased tickets and vouchers for the Organizer's Event are credited to the BOOM Events bank account. Settlement of received payments between BOOM Events and the Organizer is subsequently carried out in accordance with the agreement of the parties (ticket agency agreement) and these Terms and Conditions.

1.2.6. These Terms and Conditions form an integral part of the contract concluded between the Organizer and the Buyer as a person purchasing tickets and vouchers for the Event through BOOM Events. These Terms and Conditions also form an integral part of the ticket and voucher agency agreement concluded between the Organizer and BOOM Events.

1.3. Terminology

1.3.1. "Ticket" means an electronic or printed form of a document issued by BOOM Events for an Organizer's Event, which entitles its holder to (usually one-time) entry to a specific Event held at a specified time and at a specified place.

1.3.2. "Voucher" means an electronic or printed form of a document issued by BOOM Events for an Organizer's Event, which entitles its holder to use selected services offered by the Organizer within a certain time-limited period, in the quantity or duration chosen at the time of purchase and at the place designated by the Organizer. The specific conditions for the use of the Voucher are always part of the Event description and are stated in the purchased Voucher.

1.3.3. "User Account" means a user account created by BOOM Events based on the Buyer's registration, which is accessible only to the registered Buyer on the basis of a chosen username and password (or by signing in through a Google account, Facebook account, etc.) and in which the Buyer has access to information relating to their purchases of Tickets and Vouchers, among other things. The available features of the User Account may change over time and may also vary depending on the Buyer's location.

1.3.4. "Organizer Account" means a higher level of authorization within the User Account allowing access to the Organizer section, based on registration of the user as an Organizer. Upon registration, the Organizer is granted access to the so-called Dashboard, in which the Organizer has access to information relating to the purchase of Tickets and Vouchers by Buyers for this Organizer's Events. It also serves as a tool for creating Events and setting up the sale of Tickets/Vouchers for these Events by the Organizer themselves. These features are subject to approval and further identification of the Organizer. The scope and availability of features associated with the Organizer Account may change over time and may also vary depending on the type of Event organized by the Organizer.

1.3.5. "Terms and Conditions" mean these Terms and Conditions, which govern the mutual rights and obligations of BOOM Events, the Buyer and the Organizer and which are published in their current version on boomevents.org.

SECTION 2 - RIGHTS AND OBLIGATIONS OF THE BUYER

2.1. How to buy a Ticket and a Voucher?

2.1.1. The Buyer selects on the relevant website (boomevents.org, or on the organizer's website or elsewhere) the Event for which they wish to purchase Ticket(s) or Voucher(s), which takes them to the section with a detailed description of the Event and the specific conditions of the Event (date, venue and others), including the conditions relating to the purchased Tickets or Vouchers for the Event. If the Buyer selects "Buy Tickets," they enter the section where they will find the types of Tickets/Vouchers offered, including their prices. In this section, the Buyer is required to fill in their identification data, select the type and number of Tickets or Vouchers (the number of tickets or vouchers per Buyer may be limited by the Organizer), and provide any additional data that may be necessary to enable participation in the Event (e.g., age, first and last name of each Event participant in the case of name-registered Tickets/Vouchers), and confirm their interest in purchasing the relevant tickets by pressing the "Finish Order" button.

2.1.2. By pressing the "Finish Order" button, the Buyer confirms that they have read all published conditions of the Event and these Terms and Conditions, as well as the personal data protection principles, and agrees with them.

2.1.3. If all necessary identification data have been filled in and the type and number of Tickets or Vouchers have been specified, the Buyer is prompted on the next page to select a payment method and make the payment. The Ticket or Voucher is deemed paid when the payment is duly credited to the BOOM Events bank account or to the account of the payment gateway provider.

2.1.4. After the Ticket or Voucher has been paid for, the Buyer is sent (by e-mail and possibly also by SMS) a confirmation of the purchase and a unique identifier of the purchased Ticket or Voucher. The Ticket or Voucher identifier becomes active upon payment as per Article 2.1.3 of these Terms and Conditions and subsequently serves as authorization for entry to the Event or for use of the Voucher.

2.1.5. The purchase contract mediated by BOOM Events between the Organizer and the Buyer is concluded at the moment of payment of the price of the Ticket or Voucher, provided that a confirmation of the purchase of the Ticket or Voucher is sent to the Buyer by BOOM Events in accordance with Article 2.1.4 of these Terms and Conditions (by e-mail or possibly by SMS) to the contact provided by the Buyer.

2.1.6. By purchasing a Ticket or Voucher, i.e. by concluding the contract, the Buyer undertakes to comply with all rules and instructions of the Organizer relating to the relevant Event. The Organizer has the right to verify compliance with conditions on the part of the Buyer, e.g. age or whether the Buyer holds a ZTP/ISIC card, etc. The Organizer may update, specify or change the conditions of the Event before the Event takes place, or cancel the Event. The Buyer is informed of this by an e-mail message. BOOM Events (as a mediator of the sale of Tickets and Vouchers) shall in no way be liable for any material or non-material damage that may be incurred by the Buyer in connection with attendance or non-attendance at the Event or in connection with the Event not being held.

2.2. Registration and User Account

2.2.1. Every Buyer has the option to register and create their user profile, i.e. a User Account, on the website boomevents.org. However, the option to purchase Tickets or Vouchers for Events is not in any way linked to the creation of said user profile; Tickets and Vouchers can be purchased without setting up a User Account as described in Article 2.1 of these Terms and Conditions.

2.2.2. After logging in, the Buyer has the option to purchase Tickets or Vouchers for Events without the need to fill in identification data, to browse the history of purchased Tickets and Vouchers, to save payment card details, and potentially other options.

2.2.3. BOOM Events is entitled to delete a User Account if the identification data used clearly do not belong to the person who registered, if the profile pictures and photographs or the content of the User Account are contrary to legal regulations, contain protected or registered works or designations, or if the content is clearly inappropriate.

2.2.4. A registered Buyer may change the settings or entered data of their Account at any time, and may also cancel their Account at any time.

2.2.5. If the Buyer enters and saves their payment card details in their Account, these details are passed to the payment gateway provider with which BOOM Events has a contractual relationship, and the Buyer hereby consents to the transfer of such details to the payment gateway provider. BOOM Events does not independently store the Buyer's payment card details. The Buyer may change or delete the saved payment card details at any time.

2.2.6. The data provided by the Buyer is processed by BOOM Events in accordance with Article 4.1 of these Terms and Conditions.

2.3. Withdrawal from contract and claims

Withdrawal from contract

2.3.1. A Buyer who is a consumer is entitled to withdraw from a distance purchase contract (concluded via the internet) without giving a reason under the conditions set out in Section 1829 et seq. of Act No. 89/2012 Coll., the Civil Code, i.e. within 14 days from the date of receipt of the subject matter of the purchase, provided that the withdrawal from the contract is not excluded by the nature of the purchased Ticket or Voucher and provided that the purchased Tickets or Vouchers have not been used. In accordance with the preceding sentence, the withdrawal from the contract is valid if it is notified by the Buyer electronically by e-mail to the address support@boomevents.org no later than on the last day of the period.

2.3.2. In accordance with the above (Article 2.3.1), the Buyer is not entitled to withdraw from the contract for the purchase of a Ticket or Voucher if the Ticket or Voucher is for services that are considered use of leisure time at a specified date (Section 1837(j) of Act No. 89/2012 Coll., the Civil Code), or if the Voucher was created individually according to the Buyer's wishes (Section 1837(d) of Act No. 89/2012 Coll., the Civil Code), or if it is another case referred to in Section 1837 of Act No. 89/2012 Coll. (the Civil Code).

Claims

2.3.3. A purchased Ticket or Voucher cannot be returned or exchanged and the Buyer has no right to a refund of the price paid if they are unable to attend the selected Event for any reason whatsoever. This provision applies unless stated otherwise by the Organizer for a specific Event.

2.3.4. BOOM Events bears no liability for non-delivery of the Ticket or Voucher (the unique Ticket/Voucher identifier) for the Event to the e-mail inbox designated by the Buyer for reasons attributable to the Buyer, such as a full e-mail inbox, spam filter, incorrectly entered e-mail address, etc. In the event that the Buyer has not received the paid Ticket or Voucher to their e-mail inbox through no fault of their own, or it is not available in their User Account, within 24 hours of purchase, the Buyer shall contact BOOM Events and follow the instructions provided by BOOM Events. If this does not result in successful delivery of the Ticket or Voucher to the Buyer, or if the Event has already taken place in the meantime, BOOM Events shall refund the Buyer the price paid for the Ticket/Voucher.

2.3.5. In the event that the Organizer changes the date of the Event or completely cancels the Event, the Buyer has the right vis-à-vis the Organizer to a refund of the price paid for the Ticket/Voucher, or the right to obtain a voucher for a further purchase on the website boomevents.org. The Buyer shall exercise this right with the Event Organizer, or through BOOM Events, without undue delay, but no later than within 5 days from the original date of the Event, provided that the Ticket or Voucher has not yet been used by the Buyer.

2.3.6. The Buyer may send any questions and issues regarding the purchase or claims for purchased Tickets or Vouchers to BOOM Events at the e-mail address support@boomevents.org.

SECTION 3 - RIGHTS AND OBLIGATIONS OF THE PROMOTER

3.1. Conclusion of contract

3.1.1. This section of the Terms and Conditions governs the contractual relationship between the Organizer as the organizer of the Event and BOOM Events as the mediator of the sale of Tickets and Vouchers for the Organizer's Events, and applies unless expressly agreed otherwise between BOOM Events and the Organizer. The subject of the agreement between BOOM Events and the Organizer is, in particular, BOOM Events's obligation to mediate the sale of Tickets or Vouchers for the Organizer's Event, for which the Organizer undertakes to pay BOOM Events an agreed fee.

3.1.2. BOOM Events and the Organizer shall always individually agree on the options for fulfilling the Organizer's specific requirements regarding the mediation of Ticket and Voucher sales for the Event and the promotion of the Organizer's Event. This agreement may be made orally or in writing, or by mutually confirmed e-mail messages; together with these Terms and Conditions, such agreement shall constitute a contract concluded between the parties.

3.1.3. BOOM Events is entitled to refuse mediation of Ticket and Voucher sales if they relate to an Event whose content is incompatible with the business plans or general attitudes and interests of the company.

3.2. Conditions of Ticket and Voucher sale mediation

3.2.1. Unless BOOM Events and the Organizer agree otherwise, the Organizer undertakes to ensure that the website operated by the Organizer contains the "BOOM" logo at least on the page referring to the sale of Tickets/Vouchers, that it links to the website boomevents.org, that the logo is displayed on all social media and other websites, and to provide BOOM Events with at least 4 free tickets to the Event for promotional purposes.

3.2.2. The Organizer further undertakes to ensure that the conditions of sale of Tickets and Vouchers sold by other sellers are comparable and that the prices are not lower than those offered through BOOM Events. For non-compliance, the Organizer undertakes to pay a contractual penalty of CZK 100,000.

3.2.3. BOOM Events is entitled to place promotional messages/advertising on the ticket at its commercial discretion.

3.2.4. The sale of Tickets and Vouchers is normally terminated upon sell-out, at the date set by the Organizer, or at the latest before the start of the Event.

3.2.5. BOOM Events provides the Organizer with information about the status of Tickets and Vouchers sold through the Organizer Account and Dashboard in real time.

3.3. Remuneration for sale mediation

3.3.1. The Organizer undertakes to pay BOOM Events a fee in accordance with the currently valid price list (hereinafter referred to as the "Fee"). The Fee is payable upon full payment of the Ticket price by the Buyer. The Organizer agrees that BOOM Events may deduct the Fee from the amount paid by the Buyer.

3.3.2. The amount corresponding to the Buyers' payments, after deduction of the Fee, shall be sent to the Organizer within 5 working days after the Event has taken place or after the end of the sale. In the case of force majeure, the deadline may be extended to 30 working days.

3.3.3. If the parties so agree, BOOM Events shall pay the Organizer an advance. If the Event does not take place, the Organizer is obliged to return the advance within 3 days. In the event of delay, the contractual penalty shall be 0.1% of the outstanding amount for each day of delay.

3.3.4. In the event that the Event does not take place or is changed, the parties undertake to first settle the Buyers' claims and to carry out mutual settlement no later than within 2 months.

3.3.5. BOOM Events is entitled to handle the Buyer's claim on its own and to use all payments received for the relevant Event for this purpose.

3.3.6. In the event of a payment transaction dispute (chargeback) initiated by the Buyer's bank, BOOM Events is entitled to request from the Organizer reimbursement of the deducted amount.

3.3.7. If the Event does not take place or is changed, the right of BOOM Events to the Fee shall not be affected.

3.3.8. The contract is concluded for an indefinite period. Either party may terminate it with a notice period of 3 days.

3.3.9. Termination of the contractual relationship shall not extinguish obligations arising prior to the date of termination.

3.3.10. Tickets sold through BOOM Events shall remain valid after termination of the contract, unless the parties agree otherwise.

3.3.11. No obligation under this agreement constitutes a fixed obligation within the meaning of Section 1980 of the Civil Code.

3.3.12. The Organizer shall be fully liable to the Buyers for any damage arising in connection with the Event.

3.3.13. All information disclosed between the parties is confidential. The contractual penalty for breach of confidentiality is CZK 100,000 for each breach.

SECTION 4 - FURTHER RIGHTS AND OBLIGATIONS

4.1. Personal Data Processing

4.1.1. BOOM Events and the Organizer jointly process the personal data of Buyers for the purpose of selling Tickets and Vouchers and the proper execution of the Event. Under the GDPR, they are joint controllers.

4.1.2. The personal data processed include first name, surname, e-mail address, telephone number and, where applicable, other data necessary for the execution of the Event, IP address of the device, and, if consent to the sending of commercial communications is given, personal preferences.

4.1.3. Personal data are processed for the purposes of: (a) fulfillment of obligations under the purchase contract, (b) improvement of the quality of services, (c) legitimate interest, (d) sending of commercial communications (with consent).

4.1.4. BOOM Events is entitled to provide personal data to the Organizer to the extent necessary for the performance of the contract.

4.1.5. BOOM Events ensures technical and organizational security measures for the protection of personal data.

4.1.6. Both the Organizer and BOOM Events undertake to comply with all standards for the security of personal data processed, including electronic security, antivirus protection, access rights and instruction of persons coming into contact with the data.

4.1.7. The Organizer undertakes to comply with all obligations relating to the protection of personal data.

4.1.8. The Organizer is not authorized to process personal data for purposes other than the sale of Tickets, the execution of the Event and the handling of claims. With the Buyer's consent, the Organizer may send commercial communications.

4.1.9. Both BOOM Events and the Organizer fully respect the Buyer's rights: the right of access to data, the right to rectification, the right to restriction of processing, the right to erasure, the right to object, and the right to data portability.

4.1.10. Both parties are obliged to prevent unauthorized access to personal data.

4.1.11. Both parties shall be jointly and severally liable for any breach of obligations.

4.1.12. Personal data are retained until the Event takes place or claims are settled, or longer if required by law. With consent for commercial communications, the data are retained for a maximum of 3 years.

4.1.13. Upon termination of the cooperation, the Organizer is obliged to cease processing the personal data received from BOOM Events.

4.1.14. The Buyer may exercise their rights at support@boomevents.org or in writing at the address Kamenická 33, 170 00 Prague 7. Complaints may be filed with the Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz.

4.1.15. Legal relations not regulated in this section shall be governed by the GDPR and other legal regulations of the Czech Republic.

4.2. Disputes

Disputes that cannot be resolved by mutual agreement may be referred by the consumer to the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 567/15, 120 00 Prague 2. The Buyer may also use the online dispute resolution platform at http://ec.europa.eu/consumers/odr/.

4.3. Final Provisions

4.3.1. BOOM Events may at any time, including unilaterally, amend these Terms and Conditions. Any amendment shall take effect upon the expiry of two months from the date of notification.

4.3.2. All legal relationships shall be governed by the laws of the Czech Republic.

4.3.3. If any provision of these Terms and Conditions is or becomes invalid or ineffective, a provision whose meaning most closely approximates the economic purpose of the invalid provision shall take its place.

4.3.4. All notifications between the parties shall be made by e-mail, by telephone or by notification in the User Account or Organizer Account.

4.3.5. The contracting parties exclude the application of Sections 557, 1799 and 1800, Section 1805(2) and Section 1936(1) of the Civil Code.

These Terms and Conditions enter into force and take effect on 8 March 2022.

Contact: support@boomevents.org | Phone: +420 608 773 193 | Address: Kamenická 33, 170 00 Prague 7

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