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AGREEMENT
on sale of tickets for cultural and entertainment events
(public offer for sale of tickets for Events in Caribbean Club concert hall)

ARTICLE 1. DEFINITIONS AND TERMS

1. In this Agreement, the following terms and definitions are used (singular/plural), with the following meanings:
1.1. “Offer” – this public offer Agreement on the sale of Tickets for cultural and entertainment events, published by e-mail on the Internet: caribbean.com.ua.
1.2. “Seller” – a legal entity and/or an individual entrepreneur, who provides services for the distribution, booking, registration and sale of Tickets for various Events;
1.3. “Buyer” – a natural person(s) or legal entity(ies) to whom the Seller provides services for booking, registration and sale of Tickets for Events on the terms established by this Offer;
1.4. “Event” – a cultural and entertainment event in the premises of Caribbean Club concert hall, the visit of which is possible only upon presentation of a special document – Ticket, the organizer of which is the Seller or other legal entity/individual entrepreneur;
1.5. “Place” – a place in the Hall (in case of an individually defined place);
1.6. “Electronic ticket” (hereinafter referred to as the Ticket) – an ordered set of data, including those generated by the System, which contains the values of the Ticket details (cost, name of the Event, place, date and time, etc.), which clearly describe and confirm the Buyer’s right to a single visit to the Event;
1.7. “Ticket form” – a standard printed form of the document indicating the details containing information about the cost of the Ticket, the name of the Event, place, date and time of its holding, etc;
1.8. “Ticket issue” – a transfer of an electronic image in the form of an Electronic ticket or its application on the ticket Form using a printing device that occurs immediately before the sale of the Ticket, or transfer it when using the System;
1.9. “The nominal value of the ticket” – a Ticket price set for all Buyers;
1.10. “System” – an information system designed for the registration and sale of Tickets.
1.11. “Order” – one or more Tickets selected by the Buyer from the System and united in the System by a single identification number;

ARTICLE 2. GENERAL PROVISIONS

2.1. The Offer regulates the conditions, the procedure for the sale of Tickets for Events and the obligations arising in this regard of the Seller and the Buyer.
2.2. Sale of Tickets to Customers is made exclusively on the terms of this Offer, only in case of its full and unconditional acceptance. The Buyer’s use of the Seller’s services on the terms proposed in this Offer indicates the conclusion of this Agreement between them.

ARTICLE 3. SUBJECT OF THE AGREEMENT

3.1. The subject of this Offer is to provide the Buyer with services related to the registration, sale of Tickets for Events, in the manner and on the terms provided for in this Offer (hereinafter referred to as the Services).
3.2. The Seller, if he is not the Organizer of the Event is not responsible for the actions of the Organizer and/or other persons acting on his behalf or on his own behalf, but on behalf of the Organizer, including the organization, the fact of the event and the content of the Events.
3.4. According to the provisions of the Law of Ukraine “On protection of personal data” No. 2297-VI dated 01 June 2010, the Buyer acknowledges and agrees to provide the Seller with their personal data, as well as personal data of the third parties specified by the Buyer, which are received by the Seller in the process of Ticket (Order) execution, namely: full name, gender, contact phone number, city, and email address. Processing of personal data of the Buyer is carried out in accordance with the legislation of Ukraine. The term of use of the provided personal data is unlimited.

ARTICLE 4. THE OFFER ACCEPTANCE

4.1. Acceptance of the provisions of this Offer by the Buyer is carried out by performing the actions specified in the relevant subclause 4.3. of this offer (the Offer acceptance). The Buyer’s acceptance of this offer is carried out voluntary and in full.
4.2. Before accepting the Offer, the Buyer must be sure that all the conditions of this Offer are clear to him/her and he/she accepts them unconditionally and in full.
4.3. Commission of any of the acts referred to in clause 4.2. of the Offer means full and unconditional acceptance by the Buyer of all the terms of this Offer, without any exceptions and/or restrictions, and equivalent to the conclusion of a written agreement (clause 2 of article 642 of the Civil Code of Ukraine).

ARTICLE 5. THE PAYMENT PROCEDURE

5.1. The Payment is considered to be made by the Buyer at the time of receipt of funds to the account of the Seller.
5.2. Subject to all the conditions of this Offer and after payment of the Order, the latter is considered to be fulfilled, and the Buyer has the right to attend the Event on the conditions specified in the Ticket.

ARTICLE 6. REPLACEMENT, CANCELLATION OF THE ORDER

7.1. If the Organizer changed the layout of the seats in the Hall, as well as changed their number, in this case, the Seller can replace the Buyer’s Seat in the Hall, to another Seat similar at its cost.
7.2. The Buyer’s Order is cancelled in the following cases:
– The Buyer’s refusal to the Order finalization;
– no payment within 15 (fifteen) minutes after ordering via Internet acquiring service;

ARTICLE 8. REFUND

8.1. In case of cancellation, postponement or change of the Event, refund to the Buyer of funds paid for the purchased Ticket, are carried out by the Seller.
8.2. To make a refund, the Buyer can contact the Seller with a request (using the following links: https://caribbean.com.ua/en/exchange-and-return/), which shall contain:
– data of the person applying (full name) and his/her individual tax number, name of the Event, number of Tickets and their bar code, the Nominal value of the Tickets, personal bank card number (cash withdrawal will be made on the specified card), date and signature;
– copy of the identity document. The specified application is accepted by the Seller only in case of observance by the Buyer of the specified requirements to such application. Only the buyer whose details are specified in the order can apply for a refund.
8.2.1. The Seller shall charge the Buyer a fee of 5% (five percent) of the Nominal value of the Ticket for processing and implementation of the procedure of refund to the Buyer of the money paid for the purchased Ticket. The Seller shall refund the Nominal value of the ticket to the Buyer, minus the above fee.
8.3. If the Buyer wishes to return the purchased Ticket (for reasons that do not relate to the cancellation, postponement or modification of the Event) and receive the money paid for it, in this case the Buyer refers to the Seller (on the following links: https://caribbean.com.ua/en/exchange-and-return/), with a request to make such a refund, no later than 24 hours before the Event for which the Buyer purchased a Ticket. In case that the corresponding application will be delivered to the Seller within less than 24 hours before the Event and/or does not meet the conditions established c. 8.3.1. of this Offer, such application is not considered.
8.3.2. If the Seller decides to refund the Buyer the money paid for the purchased Ticket, such return shall be made by the Seller within 10 (ten) working days.
8.3.3. The Seller shall charge the Buyer a fee of 10% (ten percent) of the Nominal value of the Ticket for processing and implementation of the procedure of refund to the Buyer of the money paid for the purchased Ticket. The Seller shall refund the Nominal value of the ticket to the Buyer, minus the above fee.
8.4. The Buyer acknowledges and agrees that he read and understood procedure and grounds for the refund of funds brought to him in full.

ARTICLE 9. LIABILITY OF THE PARTIES

9.1. The Seller, if he/she does not act as the Organizer, is not responsible for the postponement, replacement or cancellation of the Event, as well as for the preparation and conduct of the Event. 9.2. In case of failure or improper performance of their obligations, the Parties shall be liable in accordance with the legislation of Ukraine and terms of this Offer. The responsibility of the Seller in the process of providing Services to the Buyer is limited to the function of organizing and carrying out interaction between the Organizer and the Buyer in order to sell the Ticket to the Buyer, that is, the Services that are provided directly by the Seller.
9.3. The Seller is not responsible for non-compliance of the Services provided by the Organizer with the expectations of the Buyer and/or his/her subjective assessment. The advice and recommendations provided to the Buyer shall not be construed as constituting any warranty.
9.4. The Buyer assumes all possible commercial risks associated with his/her actions in case of errors and inaccuracies in the provision of his/her data.
9.5. The Parties are released from liability for full and/or partial failure to fulfill their obligations under this Offer, if such failure was the result of force majeure, that is, extraordinary and unavoidable under the circumstances. Force majeure circumstances include, in particular, natural disasters, military actions, strikes, actions and decisions of state authorities, failures in telecommunications and energy networks.

ARTICLE 10. DISPUTE RESOLUTION

10.1. Disputes arising in the performance of the Agreement under the terms of this Offer shall be resolved in compliance with the claim procedure. The claim is submitted to the Seller in writing with the application of documents justifying the requirements within a period not exceeding 10 (ten) calendar days from the date of occurrence of the cause of the dispute. The claim shall be considered by the Seller within a period not exceeding 30 (thirty) calendar days.
10.2. If it is impossible to reach agreement on the arising disputes they shall be considered in court at the location of the Seller.
10.3. For all other matters not provided in the Offer, the Parties shall be guided by the legislation of Ukraine.

ARTICLE 11. AMENDMENT AND TERMINATION OF THE AGREEMENT

11.1. This Offer comes into force from the date of its placement on the Seller’s website and is valid indefinitely. The provisions of this clause apply to additions (ammendments) to this Offer.