General Terms and Conditions for Ticket Purchases
through the company
KB TECH s.r.o.
with registered office: Týmlova 182/9, Michle, 140 00 Prague 4
Identification number: 26490391
Registered in the Commercial Register kept at the Municipal Court in Prague, file No. C 85537
(hereinafter referred to as KB TECH)
These General Terms and Conditions of Business (hereinafter referred to as “GTC”) apply to Contracts concluded between KB TECH and other persons via the KB TECH internet portal operated on the website www.breakfest.org.
DEFINITIONS
Events
is a cultural, musical, social, sporting or other event organised by the Organiser for which Tickets are offered via the Portal.
Buyer
is a natural or legal person who enters into a contract with KB Tech through the Portal.
Organiser
means the natural or legal person organising the Event for which Tickets are offered via the Portal. The Organiser is always mentioned in the description of the Event. The Organiser may also be KB TECH, for whom all the rights and obligations of the Organiser set out in these GTC apply.
Portal
The Portal is an internet interface operated by KB TECH at www.breakfest.org enabling the purchase of Tickets.
Contract
Is a contract concluded between the Buyer and KB TECH for the purchase of a ticket for a specific Event. If the Organiser is another person, KB TECH concludes the Contract on behalf of the Organiser as an intermediary. The relationship between the Buyer and the Organiser for the Event for which Tickets have been purchased via the Portal is governed by these GTC.
Ticket
is an electronic document issued by KB TECH for a specific Event, which entitles its holder to enter the Event held at a specified time and place under the conditions specified by the Organiser. The Ticket is subject to the Contract.
RESPONSIBILITY
As a condition of concluding the Contract, the Buyer shall read these GTC and confirm through the Portal that he/she accepts these terms and that the Contract shall be governed by these GTC. Relations between the Buyer and KB TECH are governed by these GTC, which are binding for both parties.
KB TECH is entitled to amend these GTC. A change to the GTC shall be effective upon their publication on the Portal, however, the change to the GTC shall not affect already concluded Contracts.
Purchasing Tickets
The conclusion of the Contract takes place through the Portal by the Buyer selecting the Event for which he/she intends to purchase a Ticket on the Portal.
By viewing the details of the Event, the Buyer becomes familiar with the description of the Event, the Event Organizer, the terms and conditions of the Event and these GTC. The Buyer also selects and confirms the date of the Event, the type of Ticket, the number of Tickets and their final price.
A condition of purchase is the provision of the Buyer’s identification data. If the Event Organiser imposes restrictions on participation in the Event (e.g. by age), the Purchaser is obliged to confirm that as a person intending to participate in the Event, he/she meets these conditions.
Completion of the order constitutes the conclusion of the Contract. By completing the order, the Buyer confirms that he/she has read and agrees to all the terms and conditions of the Promotion, these GTC and the Privacy Policy.
Payment of the Ticket price is a condition of completing the order and subsequent receipt of the Ticket. The Buyer shall select from the offered payment methods via the Portal and make the payment.
The Ticket is paid for when the payment corresponding to the Ticket price is credited to the KB TECH account or upon confirmation of payment from the payment system operator.
KB TECH is not the operator of the payment system. The Buyer will be redirected to the Simpleshop.cz payment system website, with the understanding that the payment is subject to the terms and conditions of the payment system operator, which the Buyer will become familiar with before making the payment.
After payment of the Ticket price, the Ticket is sent to the Buyer (electronically) to the specified e-mail address or via SMS.
Terms and Conditions of the Promotion
The Buyer’s access to the Event is possible only with a valid Ticket.
The Organiser is responsible for the Event or any changes to the Event, including changes to the Terms and Conditions. The Organiser is equally responsible for notifying the Buyer of any failure to hold the Event or changes to the Event.
The Organiser reserves the right to make changes to the Event, its programme, date, venue or terms and conditions. This right of the Organiser is also acknowledged by the Buyer. ´
The Organiser is entitled to check the Buyer’s compliance with the terms and conditions of the Event. Failure to comply with the terms and conditions of the Event shall result in the inability to participate in the Event without the right to a refund of the Ticket price.
The Buyer is obliged to respect the Organiser’s instructions.
A change in the location, time or programme of the Event shall not be grounds for financial or other compensation. KB TECH will inform the Buyer about the change of the venue, time or programme of the Event only if it receives such information from the Organiser.
The Buyer’s non-attendance at the Event shall not entitle the Buyer to any compensation.
By purchasing a Ticket, the Buyer agrees to comply with all the terms and conditions set by the Organiser relating to the relevant Event.
KB TECH shall not be liable for any changes to the terms and conditions of the Event made by the Organiser after the conclusion of the Contract.
KB TECH shall not be liable for any property or non-property damage that may arise to the Buyer in connection with participation or non-participation in the Event or even in connection with the non-conduct of the Event.
If the Organiser cancels the Event completely and the Buyer is entitled to a refund of the price of the Tickets according to the terms and conditions set by the Organiser, the Buyer will be informed about the method of refunding the price of the Tickets purchased through the Portal on the Portal and to the specified e-mail address.
SPECIAL PROVISIONS FOR CONSUMERS
The concluded Contract has the nature of a contract of leisure within the meaning of Section 1837 (j) of Act No. 89/2012 Coll., the Civil Code, therefore the Buyer cannot withdraw from this Contract even if it was concluded by distance or outside commercial premises.
TERMS OF COMPLAINT
KB TECH is responsible for the sale of the Ticket, not for the implementation and fulfillment of the conditions of the Promotion.
KB TECH shall not be liable if the Ticket is not delivered to the Buyer due to reasons on the Buyer’s side, in particular due to the fact that it is not possible to deliver the Ticket to the Buyer’s e-mail or telephone number (e.g. incorrectly entered e-mail address, overflowing or inaccessible e-mail box, spam filter settings, etc.).
If the Ticket is not delivered to the Buyer within 24 hours of payment of the Ticket price and if this is not the case referred to in the preceding paragraph, the Buyer is obliged to inform KB TECH of this fact via the Portal.
If KB TECH finds such a complaint justified, it shall resend the Ticket to the Buyer within 24 hours at the latest.
In the event that the Ticket fails to be delivered no later than 1 hour before the stated start of the Event and unless the non-delivery is due to the reasons on the Buyer’s side mentioned above, KB TECH shall refund the price of the Ticket to the Buyer within 30 days from the date of the claim. In such case, the Ticket price will be refunded without cash to the account specified by the Buyer in the claim.
Personal data protection
The Buyer grants KB TECH his/her consent to the collection and processing of his/her personal data for the purpose of fulfilling the Contracts concluded in connection with these GTC.
The Buyer’s personal data will be used solely for the purpose of concluding and performing the Contracts. KB TECH will not provide personal data to third parties unless it is necessary for the performance of an obligation under the Contract or unless requested to do so by the Buyer and except in cases where this is provided for by law in relation to state or public authorities. KB TECH is always entitled to transfer the personal data necessary to ensure the obligations under the Contract to the Organiser.
As the controller of the personal data provided to it by the Buyer, KB TECH shall process such personal data in accordance with the law, in particular 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.
The legal basis for the processing of data is these GTC and the Buyer’s express consent.
The purpose of processing personal data is to provide performance under Contracts concluded in accordance with these GTC.
The recipients of the Buyer’s personal data may be public authorities (e.g. courts, administrative authorities), the Organiser, the payment system operator, the bank and other recipients according to the needs and instructions of the Buyer.
Personal data will be processed for a period of one year from the date of the end of the Event for which the Contract was concluded. Thereafter, they will be handled in accordance with applicable legislation, in particular Act No. 499/2004 Coll. (Act on Archives and File Service and on Amendments to Certain Acts) and 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.
Buyer’s rights in relation to the protection of personal data:
(a) the right of access to personal data means that the Buyer has the right to obtain information from KB TECH as to whether it processes his/her personal data and, if so, which data is involved and how it is processed;
b) the right to have KB TECH correct inaccurate personal data concerning the Buyer without undue delay at the Buyer’s request. The Buyer has the right to complete incomplete personal data at any time;
c) the right to erasure of personal data represents KB TECH’s obligation to erase personal data concerning the Buyer if the legal conditions are met and the Buyer so requests;
d) the right for KB TECH to restrict the processing of his personal data;
e) the right to object to the processing of personal data;
f) the right to data portability;
g) the right to withdraw consent to the processing of personal data; however, this right shall not apply if the Buyer’s personal data is processed for the performance of the Contract and not only on the basis of consent to processing;
e) the right to lodge a complaint if the Buyer is dissatisfied with the processing of his/her personal data by KB TECH. The complaint may be lodged directly with KB TECH or by contacting the Data Protection Authority.
More information about the Buyer’s rights is available on the website of the Office for Personal Data Protection (https://www.uoou.cz/6-prava-subjektu-udaj/d-27276).
DISPUTE RESOLUTION
Any disputes arising under the Agreement shall be resolved exclusively under the applicable law of the Czech Republic and shall be resolved by the general courts of the Czech Republic.
Pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, the Buyer, who is a consumer, has the right to an out-of-court settlement of a consumer dispute under the Contract. The entity authorized to carry out out-of-court dispute resolution is the Czech Trade Inspection Authority (Česká obchodní inspekce), with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869. Further information is available on the website www.coi.cz.
The consumer has the right to initiate out-of-court dispute resolution online through the ADR procedure available on the website https: http://adr.coi.cz. The buyer may also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
Final provisions
In the event that any provision of the GTC is invalid and it is not a provision that would invalidate the entire contractual relationship, the other provisions remain unaffected and in force. The parties shall replace the invalid or ineffective provision with one that corresponds or comes as close as possible to the original intention in the commercial and legal sense of the contractual relationship.
All relations not governed by this Contract shall be governed by the applicable law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended.
All notifications, requests and other communications regarding the Contract shall be made to the other party by means of remote electronic communication.
These Terms and Conditions shall come into force and effect on 1.5.2023.
KB TECH Ltd.
Týmlova 182/9
140 00 Praha
ID: 26490391
