General Business Conditions of LVHF

General Business Conditions of Lednice|Valtice Music Festival (LVHF z.s.)

 

I. General provisions and terms definitions

1.1 A “LVHF z.s.” (hereinafter LVHF) is a civil association, registered office: Chaloupky 760/37, Charvátská Nová Ves, 690 06 Břeclav; company registration number: 04733703, registered in the Register of Associations maintained by Regional Court in Brno, reference number L 21222. Contact details (Delivery Address): Chaloupky 760/37, Charvátská Nová Ves, 690 06 Břeclav, Customer line: +420 774 710 621, Customer e-mail: prodej@lvhf.cz

1.2 LVHF organises the Lednice|Valtice Music Festival (hereinafter Festival) which consists of concerts, lectures and other artistic or educative events (hereinafter Concert) in suitable venues.

1.3 A “GoOut s.r.o.”, company registration number: 01901613, VAT identification number: CZ01901613, registered office Mánesova 28, Prague 2, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, file 212454 (hereinafter GoOut) provides ticket services for the LVHF, which realizes the distribution of the tickets for the Festival through the www.lvhf.cz, www.goout.net, or other pages redirecting to www.goout.net, as well as at the LVHF sales points (hereinafter Sales Network). The group order through the particular departments of LVHF is considered a ticket purchase through the Sales Network as well.

1.4 A “standard ticket” (hereinafter Ticket) is a ticket with a QR code and a numeric bar code provided by the Sales Network of the LVHF in places determined for the designated standard tickets sale.

1.5 An “e-ticket” (hereinafter E-ticket) is a ticket with a QR code and a numeric bar code, which is provided to the specified contacting addresses of the Customer (e-mail, phone number) in the PDF format. E-ticket is to be produced whether printed or electronically through the device of the Customer.

1.6 A “gift voucher” (hereinafter Voucher) is a voucher with a numeric bar code provided to the Customer in PDF format after the Voucher is ordered and paid on the internet.

1.7 A “customer” (hereinafter Customer) is a subject who signed a purchase contract with the LVHF by purchasing the Ticket, E-ticket or Voucher to the Concerts.

1.8 These business conditions and the return policy (hereinafter BC) regulate the rights and obligations of the LVHF and the Customer during the purchase of the Tickets, E-tickets or Vouchers (including the group orders) on the Concerts in the Sales Network of the LVHF.

1.9 The Customer agrees to these BC, which are binding for both parties. The wording of these BC valid at the day of payment of the purchase price of the Ticket, E-ticket or Voucher shall prevail. In case of a breach of these BC by the Customer (particularly clause 10.5 on prohibition of advance sales), LVHF reserves the right to withdraw from the contract, cancel the ticket booking, enforce the right to property and non-property damages, take measures and assert relevant claims arising from the breach of these BC within the meaning of the applicable legal regulations.

1.10 The BC of LVHF are superior to the GoOut business conditions. In case of a legal dispute, the rights and obligations subordinate to the BC of the LVHF.

1.11 Contacting LVHF means contacting the entitled person on its phone number or e-mail (if known) or the phone number or e-mail of the Customer service given in the Contacts section.

 

II. Subject of the contract

2.1 The subject of the contract is that LVHF undertakes to provide the tickets to the Concert chosen by the Customer in demanded amount (with regards to the limit stated in the 4.7 BC). The contract is concluded by the payment of the sale price, executed by the Customer.

2.2 LVHF shall properly provide the tickets to the Customer after the proper payment without a needless delay. The Customer have no rights to demand a provision of the Ticket, E-ticket or Voucher before the payment is fully executed.

2.3 All the contractual obligations for LVHF are carried out by the provision of the Ticket, E-ticket or Voucher.

 

III. Rights and obligations of the parties

3.1 By the purchase of the ticket, the Customer shall observe the rules of the Concert determined by LVHF, especially those stated in the visiting and functional order of the Concert venue.

3.2 LVHF is not responsible for the validity and authenticity of the Tickets, E-tickets and Vouchers purchased out of the LVHF Sales Network.

3.3 LVHF is not responsible for the material or non-material damage of the Customer caused by the technological failure of the services provided by the GoOut and the internet or telecommunication services providers and the payment gateway PayU. All claims of the Customer of such manner must always be made to the service provider. LVHF undertakes to provide the Customer with maximum cooperation to eliminate the caused damage.

 

IV. General provisions about the purchase and payment of the tickets

4.1 The price for each ticket is listed individually for each Concert. Any incidental fees or costs associated with the purchase of the Ticket, E-ticket or Voucher are also listed for each Concert.

4.2 In case of purchasing the Ticket through the LVHF sales points, in-cash payment is possible. Cashless payments are subject to the capabilities of the individual sales points.

4.3 In case of purchasing the E-ticket or Voucher through the www.lvhf.cz or www.goout.net, the payment is possible by the payment card via the PayU payment system, bank transfer in CZK, payment on invoice, Google Pay service or via the Edenred, Benefit Plus and Benefit employee benefit programs, if it is allowed by the employer of the Customer.

4.4 LVHF is not responsible for any costs of the Customer associated with the purchase of the Ticket, E-ticket or Voucher resulting from the contractual relationship between the Customer and the bank that issued the payment card to the Customer or maintains a bank account for the Customer through which the payment was made.

4.5 The Tickets are not sent by post, not even cash on delivery.

4.6 It is necessary to present a valid document entitling the Customer to the reduced Ticket (ID, ZTP, ZTP-P, ISIC, disabled badge) in case of purchasing a reduced Ticket at the box office. In case of purchasing a reduced E-ticket via the website, LVHF has the right to require a valid document entitling the Customer to hold the reduced E-ticket upon entering the Concert. If the Customer does not prove the right to a discount, LVHF has the right to demand an additional payment to the full price. LVHF is also entitled to request verification of the discount directly within the online sales.

4.7 No more than 8 tickets can be purchased in one transaction for each Concert. Orders over 8 tickets are governed with regards to the VIII BC.

4.8 The QR code and the numeric code on the Ticket/E-ticket can be removed only once upon entering the venue. In case of further QR code or numeric code submission, whether in printed form or on a mobile device, the submitted E-ticket will not be considered and the Customer will not be allowed to enter the venue. LVHF is not responsible for any inconvenience caused by unauthorized use or copying of the Ticket and/or E-ticket.

4.9 Falsification of the Ticket, E-ticket and Voucher is a criminal offense. The Ticket, E-ticket and Voucher are invalid if they do not show the data needed for the check or have been changed by additional modifications.

4.10 LVHF is not responsible for the incorrect data submission by the Customer when concluding online reservations (date, time, event, seat, name, surname, e-mail, phone number).

 

V. Special provisions for the e-ticket purchase

5.1 The E-ticket can be purchased 60 minutes prior to the beginning of the relevant Concert at the latest. The remaining tickets are then available at the evening box office 60 minutes prior to the Concert.

5.2 LVHF does not charge the Customer any service fee in addition to the current price of the E-ticket. The total purchase price stated is the current price for the ordered Concerts and is the final price, i.e. including discounts provided.

5.3 After concluding the E-ticket order, the Customer is redirected to the secure PayU payment gateway, through which he makes the payment. LVHF is not responsible for the payment process in the PayU payment gateway.

5.4 After payment of the E-ticket purchase price, the E-ticket is sent to the Customer via e-mail specified in the order. Management of reservations and E-tickets in the account of the Customer are conditioned by registration on www.goout.cz and the use of the login (e-mail) of the Customer in the purchase form when purchasing E-tickets, under which the Customer is registered on the website www.goout.cz.

5.5 The order recap does not replace the E-ticket.

 

VI. Special provisions for the bank transfer

6.1 The bank transfer payment must be made by the next working day after sending the order, otherwise the order will be cancelled.

 

VII. Special provisions for the invoice payment

7.1 The invoice payment is allowed only to business entities with a valid company registration number. LVHF reserves the right to withdraw this payment option from on-line sales.

 

VIII. Group orders

8.1 A group order means the purchase of more than 8 tickets for one Concert.

8.2. The group order cannot be made online, only by email at prodej@lvhf.cz no later than 3 weeks prior to the date of the relevant Concert. Written orders are binding. Electronic (e-mail) orders are deemed to constitute written orders.

8.3. Tickets may only be paid by bank transfer based on a pro-forma invoice due in 10 days. After the pro-forma invoice is issued, the number, seats and price category of the tickets and the time of the Concert may no longer be changed. If the pro-forma invoice is not paid by the due date, the ticket booking shall not be extended and shall automatically expire. The Tickets are delivered in form of the E-ticket by e-mail or by a courier reverse charge of the Customer.

8.4 LVHF reserves the right to limit the number of concert tickets which can be purchased and booked.

8.5. Unless otherwise stipulated in this clause, the relations between LVHF and the Customer are further governed by these BC.

 

IX. Vouchers

9.1. The Voucher can be purchased on-line or at the LVHF Sales Network.

9.2. The Voucher can be used for the purchase of the tickets on-line at www.lvhf.cz and/or www.goout.net and at the LVHF Sales Network.

9.3. The Voucher may be used for the whole purchase. In case of not using up the Voucher value, the balance can be applied to the next purchase until the value of the Voucher is fully used up.

9.4 The Voucher may only be used for seats which are currently available until the date determined on the Voucher only on the LVHF Concerts.

 

X. Other provisions

10.1 The Customer may only use the seat specified in the Ticket/E-ticket. If the Customer arrives after the concert has already started, the organiser has the right to find him/her a seat other than specified in the Ticket/E-ticket.

10.2 The Customer shall have the valid Ticket/E-ticket available for the whole time of the performance. If the Ticket/E-ticket is lost anywhere within the paid zone of the Concert venue, the Customer may be requested to leave the premises without refund.

10.3 By purchasing the Ticket/E-ticket, the Customer acknowledges and agrees to photographs and audio-visual recordings of the event, made in the legitimate interests of LVHF, which may show the attendees and audience of the event.

10.4 The Customer is prohibited to take photographs or make audio/video recordings during the Concert.

10.5 Purchasing and blocking tickets for the purposes of their further re-sale to third parties, or any other manner of advance sales of tickets by the Customer without the written consent of LVHF, is strictly prohibited.

 

XI. Personal data protection

11.1 If the Customer makes an on-line purchase or reservation of the Ticket, E-ticket or Voucher, the Customer provides LVHF with his/her personal data within the scope of his/her name and surname, e-mail address, phone number and further data stated in the registration form, and LVHF thereby becomes the data controller, within the meaning of the applicable data protection regulations. LVHF shall have the right to process the provided personal data of the Customer for the purposes of performance of the contract between the Customer and LVHF, or for the purposes of taking measures prior to the conclusion of such contract, including the purposes of any claim settlement or disclosure of information about cancelled performance, as well as for the purposes of compliance with legal obligations applicable to the controller, i.e. particularly compliance with obligations imposed on the controller by the generally binding legal regulations, i.e. particularly Act No. 235/2004 Coll., on Value Added Tax, as amended, Act No. 586/1992 Coll., on Income Tax, as amended, and Act No. 563/1991 Coll., on Accounting, as amended, for the time necessary for performance of the contract with the Customer and exercise of rights and obligations arising from such contract, and for the time necessary for performance of any other obligations of LVHF and for the time necessary for archiving under the applicable generally binding legal regulations, but no longer than for the time stipulated in the generally binding legal regulations. LVHF guarantees that the said personal data shall be deemed strictly confidential. All personal data shall be top secret and shall be used only for the purposes of LVHF and processed in the GoOut booking system by GoOut s.r.o. or by any other booking services provider. Furthermore, in cases of the obligations fulfilment required under the generally binding legal regulations, given controllers may become recipients of the personal data processed for the purposes of performance of obligations under the applicable legal regulations. LVHF does not intend to transmit the personal data of the Customer to any third countries (other than EU countries) or international organisations, except for the MailChimp (by The Rocket Science Group, LLC).

11.2 LVHF may use the personal data of the Customer, as specified in 11.1., in its legitimate interests for the purposes of direct marketing, i.e. sending of business communications by electronical means (newsletters), information related to concert activities and administration of the controller, programme brochures and catalogues of the controller, and updates about latest offers to the Customer. The controller may use the summary of data from the form for statistical purposes for the internal use of LVHF. Consent to the sending of business communications and use of personal data in this manner may be withdrawn at any time through the disconnect link provided in each business communication. Personal data disclosed in this manner will be used for the sending of business communications for no longer than 5 years of their disclosure unless the consent to their sending is withdrawn at an earlier date.

11.3 Data used for the payment of purchase price of the E-tickets and Vouchers are provided directly to the operators of secured internet payment gates. LVHF has no access to such data, which are protected under the general business conditions of the relevant operators of secured internet payment gates.

11.4 Provision of personal data of the Customer, within the scope required by the form for the purchase of the Tickets, E-tickets or Vouchers, is a necessary pre-requisite for the conclusion and performance of the contract, as it is not possible for the contract to be concluded or performed by the controller without provision of such personal data. In accordance with the conditions stipulated by the applicable legal regulations, the Customer has the right to request that the controller provide access to his/her personal data, the right to rectify or erase his/her personal data or restrict their processing, the right to object against personal data processing and the right to transmit the personal data within the scope in which the enforcement of such rights is possible in view of the requirements for performance of the contract between the Customer and the controller. If the Customer believes that the processing of his/her personal data is in breach of the applicable regulations, he/she can, besides the other things, file a complaint with the relevant supervisory authority.

 

XII. Complaints

12.1 For reasons specified in Section 1837 (j) of the Civil Code, it is not possible to withdraw from a purchase of the Ticker, E-ticket or Voucher, not even in case of an on-line purchase, as it is deemed to constitute a contract on enjoyment of free time, and the performance of such contract (concert attendance), for which the Ticket, E-ticket or Voucher establishes the right, is provided for a specific time.

12.2 LVHF reserves all rights to the changes regarding the programme, artists, dates and venues of the Festival/Concert. The change of this manner does not entitle the Customer to return the Ticket, E-ticket or Voucher. The Customer consents by purchasing the Ticket or E-ticket.

12.3 If the Customer purchases the Ticket or E-ticket and the performance is cancelled without being re-scheduled, the Customer shall receive refund on the entrance fee under the following conditions:

  • If the ticket was purchased in LVHF box office, the Customer shall be refunded the paid price if he/she appears at the box office where the ticket was purchased without undue delay, but no later than 30 days following the notification of the Festival cancellation or according to the instructions of LVHF. This also applies to bookings with payment at box office, purchased on the internet. The condition for a refund is the return of purchased and unused tickets. The Customer acknowledges that selected LVHF sales points may terminate their activities before the expiration of the specified period.
  • If the E-ticket was purchased through the www.lvhf.cz or www.goout.net, the Customer shall be refunded the paid price after he/she asserts the claim in writing to prodej@lvhf.cz, in the same manner in which the e-ticket was paid by the Customer. Complaints must include a PDF format copy of the E-ticket.

12.4 Once purchased, tickets cannot be returned or exchanged.

12.5 Lost or broken tickets are not replaced.

12.6 LVHF is not responsible for the Customer not receiving the E-ticket/Voucher for reasons attributable to the Customer, i.e. due to the fact that the E-ticket/Voucher cannot be delivered to the e-mail entered by the Customer (e.g. overcrowded mailbox, spam filter, etc.)

12.7 If the Customer does not receive the E-ticket no later than 1 hour after paying the entrance fee, he is obliged to contact the administrator of the ticketing system immediately, but no later than 24 hours from the date of above-mentioned period expiration when the ticket was to be delivered, and announce that the paid ticket has not been delivered. The administrator – GoOut, phone number: +420 222 703 070, e-mail: info@goout.cz. For these purposes, the Customer is obliged to state the name, surname and e-mail that he stated as contact, i.e. as identification when purchasing a ticket. If GoOut finds that the E-ticket has not actually been delivered to the Customer in due time, the deadline for complaints has been met and it is not a case specified above (in 12.6), the E-ticket will be resent to the Customer by GoOut no later than 24 hours, but no later than 1 hour before the performance of the performance on the e-mail entered by the Customer.

12.8 If the in the wrong amount of money is deducted from the Customer’s account after the payment of the Ticket, E-ticket or Voucher via a payment card at the box office or the purchase at www.lvhf.cz or www.goout.net, the Customer is entitled to claim this issue only to the bank that issued the payment card that the Customer used to pay for the Ticket, E-ticket or Voucher.

12.9 The Tickets or E-tickets purchased outside the LVHF Sales Network cannot be claimed in any case.

 

XIII. Final provisions

13.1 These BC are superior to business conditions of GoOut and are solely valid and binding for all business cases concluded between LVHF and the Customer. If special business conditions are bound to a certain type of product, LVHF undertakes to notify the Customer of this fact and make the wording of such conditions available to the Customer.

13.2 Should anything in these BC prove invalid or ineffective, the validity and effectiveness of other provisions of these BC, separable from the invalid or ineffective provision, remain unaffected.

13.3 LVHF reserves the right to change these BC at any time. LVHF shall publish any change of these BC and its date of effectiveness as appropriate at its website www.lvhf.cz.

13.4 These BC and the contractual relationship between the Customer and LVHF are governed by Czech law.

13.5 All disputes arising from the purchase of tickets through the LVHF Sales Network will be resolved in the courts of the Czech Republic, unless resolved by an agreement of the parties out of the court.

13.6 These BC become effective on 25 May 2020.

 

Contact details:

Lednice|Valtice Music Festival (LVHF z.s.), Chaloupky 760/37, Charvátská Nová Ves, 690 06 Břeclav
Customer line: +420 774 710 621, Customer e-mail: prodej@lvhf.cz

GoOut s.r.o.
Complaints line: +420 222 703 070, email: info@goout.cz

 

Břeclav, 25 May 2020
LVHF z.s.