General Business Conditions of PKF – Prague Philharmonia o.p.s.
I. General provisions and definitions of terms
1.1 "PKF – Prague Philharmonia, o.p.s." ("PKF") is a public benefit organisation, registered office: Husova 241/718, 110 00 Prague 1, identification number: 64947602, registered in the Register of Public Benefit Organisations maintained by the Municipal Court in Prague under Section O, File 2.
Contact details: Delivery Address: PKF – Prague Philharmonia, KD Ládví, Burešova 1661/2, 182 00 Prague 8, Customer line: +420 224 267 644, Customer email: firstname.lastname@example.org
1.2 PKF organises the following concert series in Prague: orchestral series A, chamber music series K, Beauty of Today series S, children’s concerts series D/E, concerts for schools and special concerts (the "PKF Concerts") at venues designated for music and cultural productions.
1.3 A "Customer" is a person who signed a purchase contract with PKF to purchase a subscription ticket, individual ticket or gift voucher to a concert or any other performance organised by PKF at the box office of PKF – Prague Philharmonia (Husova 241/718, Prague 1), or at any of the contractual box offices and information centres, or on the internet at the websites www.pkf.cz or www.praguephilharmonia.com.
1.4 A "standard ticket" is a ticket printed in the box office of PKF – Prague Philharmonia, or at any other place authorised to print tickets.
1.5 An "e-ticket" is a ticket with a numeric bar code provided to the Customer in PDF format to be printed by the Customer at a printer, or in SMS format to the Customer’s mobile phone, always after the ticket is ordered and paid on the internet.
1.6. A "gift voucher" is a voucher with a numeric bar code provided to the Customer in PDF format to be printed by the Customer at a printer, always after the ticket is ordered and paid on the internet, or printed at the box office of PKF – Prague Philharmonia.
1.7. The Customer agrees to these General Business Conditions, which are binding for both parties. The wording of these General Business Conditions valid at the day of payment of the purchase price of the ticket shall prevail. In case of a breach of these General Business Conditions by the Customer (particularly clause 7.6 on prohibition of advance sales), PKF 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 General Business Conditions within the meaning of the applicable legal regulations.
II. Purchase of tickets
2.1 The Customer can purchase tickets to PKF Concerts at the box office and pay them in cash or by payment card, after prior internet booking or without prior internet booking or on the internet, and pay with the following types of payment cards: MasterCard, Maestro, Visa, Visa Electron or through the GP Webpay payment system, or by bank transfer in CZK after prior booking.
III. Purchase and payment of tickets purchased on the internet (e-tickets)
3.1 An e-ticket can be purchased 60 minutes prior to the beginning of the relevant performance at the latest. Afterwards, the Customer can only purchase a remaining standard ticket at the evening box office prior to the performance.
3.2 A holder of a reduced e-ticket (student, ISIC card holder, ZTP card holder, senior citizen, child) must present a valid document authorising the holder to the price reduction at the ticket check point upon entrance. If the Customer does not prove his/her right to the price reduction, PKF may request that he/she pay the difference to the full price.
3.3 No more than 8 tickets may be purchased for one performance in one transaction.
3.4 When purchasing an e-ticket, the Customer is not charged any service fee in addition to the current price of the ticket.
3.5 After fully completing the e-ticket order, the Customer will see the total purchase price to be paid by the Customer, which is the current purchase price for the ordered performance and constitutes the final price, including any applicable discounts which may be provided.
3.6 Subsequently, after making the e-ticket order, the Customer will be re-directed to the secured GP Webpay payment gate, through which he/she will make the payment.
3.7 In the GP Webpay payment gate, the Customer will enter any data necessary for the payment of the purchase price of the relevant ticket.
3.8 PKF shall not be liable for the progress of the payment in the GP Webpay payment gate.
3.9 After the payment of the purchase price of the e-ticket and the successful conclusion of the order, the Customer will receive an email message with the so-called "Final Summary" containing information about the purchased tickets. The "Final Summary" does not replace the standard ticket or e-ticket.
3.10 If the Customer is registered, he/she may subsequently receive the printed e-ticket after he/she signs in the system again under the same user name and password in his/her list of orders. If the Customer is not registered for the purchase, the e-ticket is sent to the contact email account provided by the Customer.
3.11 If the Customer states any incorrect data or if there are technical issues on the part of the internet or telecommunication services provider, PKF shall not be liable for any failure of e-ticket delivery by SMS message.
3.12 The numeric bar code on the e-ticket can only be read once by the ticket reader device at the entrance to the hall, i.e. if the same numeric bar code is presented again in printed format or in SMS format on a mobile phone, such e-ticket shall not be taken into account and the Customer shall not be allowed to enter the hall.
3.13 PKF shall not be liable for any issues caused by any unauthorised use or reproduction of an e-ticket. Forgery of an e-ticket is subject to criminal liability. An e-ticket which does not show the information required for its control check, or which has been changed by any additional alterations, is invalid.
IV. Internet booking of tickets
4.1 PKF enables the Customer to make the internet booking of tickets to selected performances at its discretion.
4.2 In case of the internet booking of tickets, the Customer chooses the relevant performance, its time and specific seats in the hall, customer category and manner of delivery and payment of tickets.
4.3 After making the booking, the Customer will receive an email message with the so-called "Final Summary" containing a unique booking number. If the Customer chooses to collect the tickets at the box office, he/she must state the unique booking number upon collection and the box office staff will then sell the relevant booked tickets to the Customer.
4.4 Any unpaid bookings which have not yet expired must be collected by the Customer at the box office prior to the beginning of the performance, no later than 30 minutes prior to the beginning of the concert. If the Customer fails to collect the tickets in accordance with these instructions, PKF is entitled to sell such tickets to another customer. Repeated bookings are not allowed.
4.5 PKF reserves the right to cancel repeated ticket bookings (see clause 4.4).
4.6 PKF reserves the right to offer tickets for selected concerts by direct sales only, i.e. without booking options.
4.7 PKF shall not be liable for any incorrect data filled in by the Customer when making the internet bookings (date, time, performance, seat in the hall).
V. Group orders
5.1 A group order means the purchase of more than 8 tickets for one event.
5.2. A group order cannot be made online, only by email at email@example.com, no later than 3 weeks prior to the date of the relevant concert. Written orders are binding. Electronic (email) orders are deemed to constitute written orders.
5.3. Tickets may only be paid by bank transfer on the basis of a pro-forma invoice due in 14 days. After the pro-forma invoice is issued, the number 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. If the tickets are delivered by mail, a service fee for delivery and packaging shall be added to the price of the tickets.
5.4. PKF reserves the right to limit the number of concert tickets which can be purchased and booked.
5.5. Unless otherwise stipulated in this clause 5 – Group orders, relations between PKF and the Customer are further governed by these General Business Conditions.
VI. Gift vouchers
6.1. A gift voucher may be purchased online or at the box office of PKF – Prague Philharmonia.
6.2. A gift voucher may not be used over the phone, only online or at the box office of PKF – Prague Philharmonia.
6.3. A gift voucher is used for the whole purchase.
6.4. A gift voucher may only be used once. It is not possible to refund any credit which has not been used, or use it for any other purchase.
6.5. A gift voucher may only be used for seats which are currently available.
6.6. A gift voucher has a limited validity, which is determined by the date stated at the relevant gift voucher.
VII. Other provisions
7.1 At the ticket check point, the Customer shall present either a valid standard ticket or an e-ticket with a numeric bar code in SMS format on a mobile phone or printed from a PDF file. The numeric bar codes are checked at the entrance by a ticket reader device.
7.2 The Customer may only use the seat specified in the 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.
7.3 The Customer shall have the valid ticket available for the whole time of the performance. If the ticket is lost anywhere within the paid zone of the concert venue, the Customer may be requested to leave the premises without refund.
7.4 By purchasing a standard ticket or an e-ticket, the Customer agrees to comply with the Visitor and Operation Guidelines for the whole time of his/her attendance at the premises designated as concert venues, where they are available.
7.5. By purchasing a ticket, the visitor acknowledges and agrees to photographs and audio-visual recordings of the event, made in PKF’s legitimate interests, which may show the attendees and audience of the event.
7.6. 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 PKF, is strictly prohibited.
VIII. Personal data protection
8.1 If the Customer purchases an e-ticket or a gift voucher online, or books a standard ticket on the internet, the Customer provides PKF his/her personal data within the scope of his/her name and surname, email address, telephone number, delivery and invoice address, identification number, tax identification number and (if applicable) further data stated in the registration form, and PKF thereby becomes the data controller, within the meaning of the applicable data protection regulations. PKF 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 PKF, or for the purposes of taking measures prior to the conclusion of such contract, including (if applicable) for 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 PKF, and for the time necessary for archiving under the applicable generally binding legal regulations; however, no longer than for the time stipulated in the generally binding legal regulations. PKF guarantees that the said personal data shall be deemed strictly confidential. Any and all personal data shall be top secret and shall be used only for the purposes of PKF and processed in the Colosseum booking system by Perfect System, a.s. or by any other booking services provider. In cases when the controller is so required under the generally binding legal regulations, also tax administration authorities and other competent bodies may become recipients of the personal data processed for the purposes of performance of obligations under the applicable legal regulations. PKF does not intend to transmit the Customer’s personal data to any third countries (other than EU countries) or international organisations.
8.2 PKF may use the personal data of the Customer, as specified in clause 8.1., 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 PKF’s internal use. 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.
8.3 Data used for the payment of purchase price of e-tickets are provided directly to the operators of secured internet payment gates. PKF has no access to such data, which are protected under the general business conditions of the relevant operators of secured internet payment gates.
8.4 Provision of personal data of the Customer, within the scope required by the form for the purchase of e-tickets, gift vouchers or online bookings, 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 may, among other things, file a complaint with the relevant supervisory authority.
IX. Conditions for claims
9.1 For reasons specified in Section 1837 (j) of the Civil Code, it is not possible to withdraw from a ticket purchase, not even in case of an online 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 establishes the right, is provided for a specific time.
9.2 Once purchased, tickets cannot be returned or exchanged.
9.3 Lost tickets are not replaced.
9.4 If the Customer pays for tickets by payment card at the box office or in PKF’s online store and a wrong amount is debited from his/her account, the Customer shall only be entitled to claim such amount from the relevant bank – issuer of the payment card used by the Customer to pay for the tickets.
9.5 Changes of programme and performers are reserved.
9.6 If the Customer purchases a standard ticket or an e-ticket and the performance is cancelled without being re-scheduled, the Customer shall receive refund on the entrance fee under the following conditions: a) If the ticket was purchased in PKF’s box office or in any contractual 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. This also applies to bookings with payment at box office, purchased on the internet. b) In case of an e-ticket (purchased on the internet), the Customer shall be refunded the paid price after he/she asserts the claim in writing, in the same manner in which the e-ticket was paid by the Customer.
X. Final provisions
10.1 Taking photographs and making any audio or video recordings during concerts is prohibited.
10.2 Late arrivals shall be seated in the auditorium in accordance with the instructions of the auditorium staff. Direct access to the auditorium after the concert has already started is not allowed.
10.3 These General Business Conditions are applicable to any and all business transactions between PKF and the Customer.
10.4 PKF reserves the right to change these General Business Conditions at any time. PKF shall publish any change of these General Business Conditions and its date of effectiveness as appropriate at its website www.pkf.cz.
10.5 These General Business Conditions become effective on 25 May 2018.
PKF – Prague Philharmonia o.p.s., KD Ládví, Burešova 1661/2, 182 00 Prague 8
Customer line: +420 224 267 644, firstname.lastname@example.org
Prague, 25 May 2018
PKF – Prague Philharmonia, o.p.s.