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General conditions for the contract for provision of ticketing services

GENERAL CONDITIONS OF THE CONTRACT FOR THE PROVISION OF TICKETING SERVICE
Published: 01.10.2020

These general conditions apply to Piletilevi and the organiser.
  1. Definitions
    1. Special conditions – supplements to the general conditions, which apply to Piletilevi and the organiser. Special conditions take precedence over the general conditions.
    2. Organiser – organiser of the event, incl. a legal person, organisation or institution, which is responsible for all circumstances related to the event, incl. the occurrence of the event.
    3. Contract – general and special conditions and their annexes.
    4. Final report – a report presented to the organiser by Piletilevi after the occurrence of the event, which includes the data about the tickets sold in advance.
    5. Sales report – a report presented to the organiser by Piletilevi during the period of the advance ticket sales, which includes data about the sales during the period of advance ticket sales.
    6. Ticket – an intact document on an original form or an electronic ticket, which ensures the right of entrance to the event to the person presenting the ticket, and the right to require repurchasing of the ticket from the organiser if the event does occur.
    7. Piletilevi – AS Piletilevi, registry code 10568581, location Telliskivi street 60a, Tallinn 10412, provides the services of ticket sales, administration and advertising for the organiser of the event pursuant to the conditions provided in the contract.
    8. Party – the organiser and Piletilevi separately; parties – the organiser and Piletilevi together and jointly.
    9. Order form – relevant information concerning the event that the organiser presents to Piletilevi.
    10. General conditions – general conditions of this ticketing intermediation contract.
    11. Event – an entertainment, public life, business or advertising event, incl. a performance, play, concert, disco, sports event, exhibition, trade fair, conference, competition, auction or other such event that requires purchasing a ticket and is organised by the organiser for the public.
 
  1. Object of the contract
    1. The organiser authorises Piletilevi to sell tickets to an event in advance and provide other related services pursuant to the conditions provided in the contract. Advance ticket sales is the selling of tickets to an event by any mean, in any place, form, and time before the occurrence of the event.
    2. Special conditions supplement the general conditions and specify the conditions not regulated in the general conditions. If the general and special conditions contradict, the special conditions will be applied. The organiser will present an order form that can be reproduced in writing, in which the event and the important information regarding the event will be determined unless the parties have agreed otherwise.
 
  1. Intermediating sales contracts
    1. Piletilevi acts as an intermediary between the Organiser and Ticket Buyers by concluding sales contracts in the name and in the interests of the Organiser. Piletilevi is neither obligated nor able to carry out the concluded sales contracts. All rights and obligations of Ticket Buyers are managed by the Organiser who is responsible for the content, amendments, and performance of the rights and obligations of Ticket Buyers.
    2. If an event is cancelled, the time, location, or performers of an event are changed, or an event is replaced with another event, the Organiser is responsible for repurchasing the sold tickets and compensating all possible claims of Ticket Buyers. The Organiser can order this service from Piletilevi if they provide Piletilevi with the necessary funds to repurchase the tickets, in which case the terms and conditions will be agreed between the parties. If the Organiser has not ordered the service from Piletilevi for repurchasing the tickets and granted Piletilevi the necessary monetary resources within reasonable time after the announcement of cancellation of an event or after changing the time, location, or performers of an event, or replacing an event with another event, Piletilevi has the right to repurchase all or some of the tickets, provided that they inform the Organiser thereof in a format which can be reproduced in writing (by an e-mail). In this case, unless otherwise agreed, a fee equal to the intermediary service for ticket sales is applicable to all tickets that were repurchased, and the Organiser is, additionally, obligated to reimburse Piletilevi for all expenses incurred in relation to the repurchase of tickets. If the tickets are repurchased and an agency fee is applicable to the tickets, the Organiser is must ensure that the agency fee is also returned to the Ticket Buyers. In the event the tickets are repurchased, the Organiser is obligated to return all advance payments from advance sales, if Piletilevi has made such advance payments, and, based on the invoices issued by Piletilevi, pay for all services provided by Piletilevi (including the repurchasing service) by the date the repurchase of tickets starts. If the Organiser fails to meet the aforementioned obligations, Piletilevi has a right to perform the repurchasing service at the expense of the sales revenue, taking into account the following principles in the respective order:
      1. Piletilevi shall cover the unpaid invoices for the services provided by Piletilevi (including the service for repurchasing tickets) at the expense of the sales revenue;
      2. Piletilevi shall allocate a proportion of the remaining sales revenue to guarantee that they are able to return the cost of tickets purchased with a credit card within 120 calendar days as of the original date of the event;
      3. Piletilevi shall allocate a proportion of the remaining sales revenue to guarantee that they are able to return the cost of the physical tickets purchased from sales points within 120 calendar days as of the original date of the event;
      4. Piletilevi shall return the cost of all other tickets for the cancelled event at the expense of the sales revenue within 120 calendar days as of the original date of the event based on relevant applications and the order of their submittal.
    3. If, after 120 calendar days as of the date of the original event, a proportion of the sales revenue is still in the possession of Piletilevi and they do not have any claims against the Organiser, Piletilevi shall return the remaining part of the sales revenue to the Organiser. The Organiser undertakes to reimburse Piletilevi for all additional expenses incurred in relation to the repurchase of tickets and pay for the repurchasing service a fee equivalent to the intermediary service, taking into account the sum of the repurchased tickets, unless otherwise agreed in Annex 1 of the Special Conditions.
 
  1. Obligations of the parties
    1. The organiser undertakes to:
      1. present the order form to Piletilevi to have the tickets put on sale or to put tickets on sale by using the administrator’s rights of the administrative centre subject to Piletilevi;
      2. guarantee the advertising of Piletilevi’s trademark (logo) and/or referring to it in all publications, internet, television, and radio advertisements that provide ticket sales information. If the organiser decides to present more extensive information about the distribution network of Piletilevi, it will use the phrase: ‘From the sales points of Piletilevi and online at www.piletilevi.ee.’ Piletilevi’s corporate design is available online at www.piletilevi.ee in subsection ORGANISER > LOGOS – CORPORATE DESIGN;
      3. accept tickets on original ticket forms provided by Piletilevi and the sales channels of the partners of Piletilevi, and electronic tickets purchased online at the entrance;
      4. repurchase tickets from the ticket buyers if the event is cancelled or the time, location or artists change, or the event is substituted for another event.
    2. Piletilevi undertakes to:
      1. organise advance ticket sales;
      2. present the organiser with the tickets’ sales report and/or make the final report available at the online environment of Piletilevi;
      3. make the information concerning ticket sales available to the organiser at the online environment of Piletilevi by transferring the user passwords of the sales system to the organisers’ online system users in a reasonable time starting from the beginning of the advance ticket sale in a form that can be reproduced in written form;
      4. assure the exposure of advertising materials pursuant to the advertising agreement. If another person/company engaged in ticket intermediation besides Piletilevi is included in advertising materials, Piletilevi is not obliged to expose the advertising materials.
  2. Liability
    1. Piletilevi is not liable before the ticket buyers or third persons for the occurrence, organisation, advertising, information or other circumstances and content of the event; as well as for the possible expenses and damages conditioned by the non-occurrence of the event. All claims arising from the abovementioned reasons will be settled by the organiser.
    2. If the event does not occur, is postponed, its location is changed, or the event is substituted for another event, Piletilevi is not obliged to repurchase tickets or compensate them. The repurchasing of and/or compensating for the tickets is the responsibility of the organiser, if not informed otherwise.
    3. The organiser is responsible for the hardware and software trusted to them and will reimburse the caused damage in the extent of the market value of the item.
  3. Sanctions, anti-money laundering rules and implementing the Know Your Customer principle
    1. The Organiser confirms to Piletilevi that the Organiser and its beneficiaries, any performers at the Event and persons involved in organising the Event do not include persons subject to international sanctions in Estonia, the European Union or the United States of America, or persons, who have violated money laundering and terrorist financing rules applicable in Estonia, the European Union or the United States of America. The Organiser has carried out and continues to carry out background checks for persons performing at the Event or involved in organising the Event to identify the persons involved and verify that the previously mentioned criteria do not hold true for such persons.
    2. In case of any suspicions, the Organiser must disclose to Piletilevi any data that allows to identify the Organiser and its beneficiaries, any performers at the Event or persons involved in organising the Event, and to verify that such persons are not subject to international sanctions.
    3. If Piletilevi has good reason to suspect that, in the course of performing this Contract, the Organiser has violated the obligations set out under clause 6 or that the Organiser or its beneficiaries, any performers at the Event or persons involved in organising the Event include persons, who do not meet the criteria established under clause 6.1, Piletilevi has the right to suspend the performance of the Contract or certain obligations arising from the Contract until relevant circumstances have been clarified, in particular until the Organiser has sufficiently proven that any and all suspicions are baseless. In case of a justified suspicion as described above, Piletilevi has, among other remedies, the right to suspend any payments to the Organiser, the Event’s performers or persons involved in organising the Event. If the Organiser fails, within a reasonable period of time starting from the receipt of a relevant notice from Piletilevi, to sufficiently prove that any raised suspicions are baseless, Piletilevi has the right to terminate the Contract extraordinarily. Notwithstanding the termination of the Contract, Piletilevi has the right to withhold payments arising from or due to the termination of the Contract until relevant factual circumstances have been clarified. Piletilevi can also exercise the rights set out under clause 6.3 at the request of a payment service provider that provides services to Piletilevi, and in case such a request is submitted, the presence of justified suspicions is presumed.
    4. The Parties have agreed that while Piletilevi exercising due care in exercising the rights set out under clause 6, Piletilevi is under no circumstances liable for any damage incurred by the Organiser or third parties as a result of Piletilevi’s exercise of the rights set out under clause 6, unless Piletilevi causes damage wilfully or with gross negligence.
 
  1. Force majeure
The parties will not be liable for the violation of the contract, if appropriate performance is impossible due to the circumstances of force majeure. If the influence of force majeure is temporary, the violation of the contract is excusable only for the period during which the phenomenon hindered the fulfilment of the obligation. In the situation of force majeure, the parties are still obliged to take effort, if possible, to assure continual performance of the contract and eliminate obstacles. The parties will continue fulfilling their contractual obligations as soon as such obstacles have been removed. Force majeure alters the deadlines provided in the contract by the period during which the performance of the contract was hindered due to the mentioned factors.
  1. Final provisions
    1. Piletilevi is entitled to change the general conditions by publishing the respective information on its homepage www.piletilevi.ee with a 14 days’ notice.
    2. If a provision of the contract is invalid because it is in contradiction with the law, it will not influence the validity of other provisions of the contract.
    3. The legislation of the Republic of Estonia applies to this contract. Disputes arising from this contract between the parties will be settled through negotiations. If the dispute between the parties cannot be resolved through negotiations, the dispute will be resolved pursuant to the legislation of the Republic of Estonia. If the organiser is a legal person, the dispute will be resolved in the Harju County Court.