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GENERAL TERMS AND CONDITIONS

Version 1.0.0 · effective Sat 1 Aug

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions govern (i) the legal relationship between the Company and the Customer in relation to the use of the Website and the System, (ii) the legal relationship between the Organiser, as the seller of Tickets, on whose behalf and for whose account the Company acts, and the Customer, as the purchaser of Tickets, and (iii) the regulation of other rights and obligations of the Parties.

1.2. These Terms and Conditions shall come into effect on 1 June 2026.

1.3. The definitions of terms used in these Terms and Conditions, set out below, are listed in alphabetical order:

  • The Digital Services Act (DSA) means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Services Single Market and amending Directive 2000/31/EC (the Digital Services Act).
  • Acceptance means the Company’s acceptance of the Order as a proposal to conclude a Purchase Agreement.
  • Copyright Act means Act No. 185/2015 Coll., the Copyright Act.
  • Civil Procedure Code means Act No. 160/2015 Coll., the Civil Procedure Code, as amended, or any legislation that replaces it.
  • Purchase Price means the purchase price of the Ticket, which the Customer is obliged to pay to the Organiser via the Company.
  • Purchase Agreement means the agreement concluded between the Organiser as the seller, on whose behalf and for whose account the Company acts, and the Customer as the buyer, the subject of which is the purchase of a Ticket or Tickets.
  • Civil Code means Act No. 40/1964 Coll., the Civil Code, as amended, or any other relevant legislation that replaces it.
  • Commercial Code means Act No. 513/1991 Coll., the Commercial Code, as amended, or any other relevant legislation that may replace it.
  • Order means an order placed by the Customer with the Organiser via the System, by which the Customer orders Tickets from the Organiser.
  • Fee or Fees means specific fees for the Services provided by the Company, which the Customer is obliged to pay.
  • Terms of Payment means the terms of payment for the Purchase Price and/or Fees.
  • Terms and Conditions means the General Terms and Conditions.
  • Organiser’s Terms and Conditions means the Organiser’s terms and conditions of business, sale, purchase, delivery or other terms and conditions, the terms and conditions of the relevant Event, the Organiser’s instructions, the organising services or the Event’s rules of procedure.
  • Event or Events means public events, performances, concerts or social gatherings, particularly of a cultural or sporting nature (e.g. theatrical, dramatic, musical, audiovisual, film and sporting events), which are organised, arranged or provided by the Organiser, or the staging of which is facilitated by the Organiser. Events may also be virtual and accessible via online applications. Events constitute services relating to leisure activities, which their Organisers undertake to provide at a precisely agreed time or within a precisely agreed period. The current list of Events and information regarding changes and cancellations are set out on the Website.
  • Sales Portal means the online marketplace interface hosted on the Website, through which the Company facilitates the sale of Tickets to Customers on behalf of and for the account of the Organisers, who are traders distinct from the Company.
  • Consumer Protection Regulations means the relevant provisions of the Civil Code and the Consumer Protection Act.
  • Registration means the registration of a Customer on the Website for the purpose of creating an Account in accordance with these Terms and Conditions.
  • Service or Services means the service provided by the Company to the Customer in accordance with these Terms and Conditions.
  • Party or Parties means the Organiser and the Customer in the case of a Purchase Agreement. The Company and the Customer in the case of a Service Agreement and an Account Usage Agreement.
  • Website means www.partymaker.eu and/or the Company’s accounts on social media or websites operated by other providers (Instagram, Facebook, YouTube, etc.).
  • System means the information and booking system (IRS), which is a computer programme operated by the Company or by another entity in a contractual or other relationship with the Company, and which serves and is intended for the distribution, booking and sale of Tickets, and for other activities related to the organisation of Events, and whose customer interface is located at the Point of Sale.
  • Company means Partymaker Group a.s.
  • Account means a registered Customer’s account on the Website or within the system.
  • Organiser means the entity that organises, arranges or ensures the organisation of an Event, and/or facilitates the holding of an Event, and/or is responsible for the organisation and holding of Events, and for whom the Company handles the sale of Tickets. The Organiser is a trader who sells Tickets via the Sales Portal (online marketplace) or a Point of Sale. The Organiser is in a contractual relationship with the Company, under which the Company enables the Organiser to sell Tickets via the Sales Network.
  • Admission fee means the purchase price of the ticket paid by the Customer to the Organiser via the Company.
  • Ticket or Tickets means an electronic virtual authorisation and confirmation for the Customer to enter the Event, the sale of which to the Customer on behalf of and for the account of the Organiser is arranged by the Company via the Point of Sale. For the purposes of these Terms and Conditions and the Purchase Agreement, a Ticket is exclusively such a permit or confirmation which the Customer has purchased electronically via the Point of Sale. A Ticket may be a single-entry ticket or a season ticket. Each Ticket is a security and is protected under the relevant legislation.
  • Customer means a person who (i) has entered into one of the Agreements, and/or (ii) has completed Registration, and/or (iii) uses an Account, and/or (iv) wishes to purchase a Ticket, and/or (v) has purchased a Ticket from the Organiser via the Point of Sale.
  • The Alternative Dispute Resolution Act means Act No. 391/2015 Coll. on the alternative resolution of consumer disputes and amending certain acts, as amended, or any other relevant legislation that replaces it.
  • The Electronic Communications Act means Act No. 452/2021 Coll. on Electronic Communications, as amended, or any other relevant legislation that replaces it.
  • The Personal Data Protection Act means Act No. 18/2018 Coll. on the Protection of Personal Data, or the Act replacing it, in the version in force on the date on which the personal data is provided.
  • Consumer Protection Act means Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, or any Act that replaces it.
  • Device means any technical device belonging to the Customer and/or any third party which enables connection to the Website, the Sales Portal and the Account, and allows the display of offers on the Website
  • Contract means the Purchase Contract, the Service Provision Contract or the Account Usage Contract.
  • Service Agreement means an agreement concluded between the Company and the Customer, the subject matter of which is the provision of the Service by the Company to the Customer.
  • Account Usage Agreement means the agreement concluded between the Company and the Customer on the basis of Registration, the subject matter of which is the Registration and use of the Account by the Customer on the Website and the Sales Portal.

1.4. Unless otherwise provided in the Terms and Conditions or the Parties expressly agree otherwise in writing, (i) any reference to a provision, statutory provision or the Terms and Conditions shall be deemed to refer to their current version, including all previous amendments, amendments and addenda, or a completely new version of a regulation governing the same relationships as the original regulation; (ii) any reference to a statutory provision shall be deemed to be a reference to a Slovak statutory provision; (iii) any reference to an article, clause or annex shall be deemed to be a reference to an article, clause or annex of the Terms and Conditions. The headings of the articles in the Terms and Conditions are for guidance only and do not constitute a rule of interpretation. The Terms and Conditions and the terms contained therein must be interpreted by the Parties in accordance with the definitions set out in the Terms and Conditions, the relevant provisions of the Terms and Conditions, the relevant legislation and the purpose of the Terms and Conditions, whereby the definitions referred to in the preceding paragraph apply to all capitalised terms, regardless of where they appear in the Terms and Conditions or in the Parties’ documents.

1.5. These Terms and Conditions are published at www.partymaker.eu, and confirmation of agreement to them forms an integral part of the Registration and the conclusion of the Contract. Upon Registration, the Customer hereby expresses their agreement to these Terms and Conditions and declares that they have read and familiarised themselves with them. The Contract is governed by the Terms and Conditions in their current and effective version.

1.6. The Company is entitled to unilaterally amend these Terms and Conditions within the limits set by the mandatory provisions of Slovak law. The Terms and Conditions may be supplemented, amended and updated by the Company from time to time, and the Customer is bound by them in their current version. The previous Terms and Conditions shall cease to form part of the Contract and shall be replaced by the new Terms and Conditions even if the Customer expresses their consent to the new Terms and Conditions, except in cases where, under the law or by the nature of the matter, the Customer’s consent is not required.

1.7. In the case of Contracts that have already been concluded, the Company shall notify Customers of any changes to the Terms and Conditions by (i) email to the contact email address, or (ii) via the Account’s user interface, or (iii) via a press release published on the Website, or (iv) by publishing the new version of the Terms and Conditions on the Website, provided that the amendment shall take effect within 30 days of the publication of the new version of the Terms and Conditions, or within a shorter period if this is necessary to implement changes resulting from amendments to legislation, the interpretation of legislation or decisions by public authorities. (v) In the event of a change to the rules under the Digital Services Act, it shall be sufficient for the Company to notify the Customer of any significant change to the Terms and Conditions in accordance with Article 14(2) of the Digital Services Act; in the case of less significant changes, notification by publishing a new version of the Terms and Conditions shall suffice. (vi) The information on the processing of Personal Data set out in Article 5 of the Terms and Conditions is always valid in its latest version; the Company is not required to notify the Customer of every change to it.

1.8. In the event of a change to the Terms and Conditions, the Customer is entitled to terminate the Contract and cancel their Registration in the manner specified in the Terms and Conditions and in mandatory legislation.

1.9. Should any provision of the Terms and Conditions or the Contract become invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining provisions of the aforementioned contractual documents.

2. SERVICE PROVISION AGREEMENT, REGISTRATION AND TERMS OF ACCOUNT USE

2.1. Conclusion, duration and termination of the Service Provision Agreement

  • 2.1.1. The Service Agreement between the Company and the Customer is concluded at the time of Registration. The Customer has no right to demand the conclusion of the Service Agreement, and at the time of Registration the Customer undertakes to use the Website and the Account in accordance with the Agreement, the Terms and Conditions, applicable legislation, good morals and the Company’s instructions; not to infringe the rights and legally protected interests of third parties; and to comply with these Terms and Conditions.
  • 2.1.2. The Company shall send the Customer confirmation of the conclusion of the Service Agreement by email to the Customer’s address provided during Registration or as stated in the Account.
  • 2.1.3. The Company is under no obligation to enter into a Service Agreement with the Customer for any reason whatsoever, but generally in particular where the Customer is a person who has previously breached agreements with the Company, or where the Company has already withdrawn from a Service Agreement or cancelled the Customer’s Registration and/or Account, or blocked the device and/or IP address from which the Customer accessed the Website, the Service and/or the Account.
  • 2.1.4. The Service and the Account may only be used by Customers who enter into a Service Agreement with the Company and successfully register for the Service.
  • 2.1.5. These Terms and Conditions form part of the Service Agreement. Confirmation of acceptance of these Terms and Conditions is an integral part of the conclusion of the Service Agreement. In the event of any conflict between the Service Agreement and these Terms and Conditions, the provisions of the Service Agreement shall prevail.
  • 2. 1.6. The Customer agrees to the use of electronic means of communication for the conclusion of the Service Agreement and to its conclusion at a distance; any costs incurred by the Customer in connection with the use of electronic means of communication and the conclusion of the Service Agreement at a distance shall be borne in full by the Customer.
  • 2.1.7. The Service Agreement is concluded for an indefinite period.
  • 2.1.8. The Customer is entitled to terminate the Service Agreement at any time by cancelling their Registration. Should the Customer disagree with changes to the scope of the Service provided under the Service Agreement, they are entitled, within 30 days of being notified of material changes to the scope of the Service under the Service Agreement, either by cancelling their Registration and/or by sending a notice of withdrawal from the Service Agreement by email to support@partymaker.eu.
  • 2.1.9. The Company is entitled to withdraw from the Service Agreement and/or cancel the Registration and/or the Account in the event that the Customer breaches their obligations under these Terms and Conditions and/or applicable legislation, and, where appropriate, to block the device or IP address from which the Customer accessed the Website and/or the Account or from which they registered. Upon termination of the Service Agreement or cancellation of the Registration and/or blocking of the device or IP address, the Customer loses the right to use the Service and the Account.
  • 2.1.10. Contracts for the provision of the Service are without prejudice to any other contracts between the Customer and the Company or third parties.

2.2. Registration and Provision of the Service:

  • 2.2.1. The Customer is not entitled to registration and the Company is under no obligation to allow the Customer to register, for any reason whatsoever, but generally, in particular, if the Customer is a person who has previously breached contracts with the Company, or if the Company has already withdrawn from the Service Agreement with the Customer, or has cancelled the Customer’s Registration, or has blocked the Customer’s Device or IP address. The Company shall allow the Customer to register where such registration is a condition for the conclusion of a Purchase Agreement, provided there are no grounds on which the Company could terminate the Service Agreement and/or the Purchase Agreement.

  • 2.2.2. [REGISTRATION PROCESS]

  • 2.2.3. The Customer must be at least 16 years of age to register.

  • 2.2.4. Registration is free of charge. This does not affect the Company’s right to charge a fee for Registration.

  • 2.2.5. Provision of the Service commences upon registration and its confirmation by the Company. 2.3. Account:

  • 2.3.1. The Customer is entitled to register only one Account per email address.

  • 2.3.2. The Customer may amend their details within the Account interface to the extent specified by the Company (in particular, first name, surname, password, etc.). The Customer is obliged to provide only true, complete and up-to-date details in the Account, and is obliged to update them in the Account should they change.

  • 2.3.3. Use of the Account is free of charge. This does not affect the Company’s right to charge for the use of the Account.

  • 2.3.4. The Customer may close their Account; in such a case, all their data will be deleted, subject to the exceptions set out in the Terms and Conditions and applicable legislation, and with the exception of data for which the Company has the Customer’s specific consent to use it in accordance with the Electronic Communications Act, the Data Protection Regulations or other legislation. Should the Customer wish to use the Service again, they must create a new Account and re-register. The Company may cancel the Account in cases where it may cancel the Registration or terminate the Service Agreement in accordance with the Terms and Conditions.

  • 2.3.5. The Company is entitled to temporarily block the Customer’s access to the Service in the event of a suspected breach of obligations or unauthorised use of the Service’s login details by an unauthorised person. The Company shall notify the Customer of this and request that they change their password.

2.4. Terms of Use of the Account:

  • 2.4.1. As part of the Service, the Customer may access and amend their Account settings to the extent permitted by the Company and via the standard options available in the Account’s user interface, and may manage their Orders and Tickets.
  • 2.4.2. The Customer is not permitted to add content to the Website.
  • 2.4.3. The Customer is not authorised to use the Service, the Account or the Website in any way that (i) breaches these Terms and Conditions or any legislation, or the rights and legally protected interests of third parties, or public morality, (ii) constitutes promotion, advertising or publicity for the Customer, third parties or their products, or any other form of promotion, advertisement or marketing, (iii) use the content of the Website, the Account and the Service, or any of their elements (graphics, text, source code, etc.) in contravention of the Company’s rights under the Copyright Act and other legislation. The Customer is obliged (iv) not to allow any person other than the Customer to access the Service or the Account, (v) to use secure login credentials; (vi) not to disclose their login credentials to any other person, to ensure their confidentiality, and not to publish them; and (vii) to inform the Company immediately of any loss or misuse of their login credentials.
  • 2.4.4. The Customer is not authorised (i) to use, within the Service, the Account and the Website, any mechanisms, tools, software or procedures that have or could have a negative impact on the operation of the Service, the Account and/or the Website or other equipment of the Company, the security of the internet or other users of the Service, the Account and/or the Website, or the internet or the environment in which the Service, the Account and the Website are operated, (ii) to engage in any activity aimed at preventing or restricting the operation of the Service, the Account and/or the Website or the servers on which the Service, the Account and/or the Website are operated, or to carry out any attacks on these servers or to access them without authorisation in any way or to overload them with automated requests (in particular DDoS attacks), nor may you assist any third party in such activities, (iii) use the Service, Account and/or Website in a manner that restricts or may restrict other users from using the Service, Account and/or Website, third parties or the Company, (iv) interfere with the technical nature or content of the Service, Account and/or the Website, (v) to store on the Service, an Account and/or a Page, or within them, disseminate content that contravenes legislation or public morality, or that infringes the rights and legally protected interests of third parties, in particular, but not limited to, rights protected by legislation governing intellectual and industrial property rights, (vi) use the Service, the Account and/or the Website for activities that breach the law, public morality and/or the rights and legally protected interests of third parties, and (vii) to disseminate via the Service, the Account and/or the Website, malicious computer code (viruses, malware, ransomware, etc.), including links to any external sources of such code.
  • 2.4.5. The Company is entitled at any time, even without prior notice, to interrupt, suspend or terminate the operation or provision of the Website, the Service or the Account, or any part thereof. The Company is entitled to make any changes to the Service, the Account and the Website, including a change to the domain under which the Website is operated. The Company is entitled to delete any content from the Service, the Account and the Website for any reason, with the exception of data necessary for the performance of the Purchase Agreement, or the deletion of which would result in the Customer being unable to exercise their rights under the Purchase Agreement. The Company also accepts no liability for the technical functionality of the Service, the Account and/or the Website, nor for any consequences or damages arising in connection with the use of the Service, the Account and/or the Website, which are or may be caused by any technical fault, insufficient connectivity, etc.
  • 2.4.6. The Company guarantees the availability of the Website, the Service and the Digital Content to a maximum of 70 per cent; this figure is calculated on the basis of the previous calendar year and applies to the Website as a whole. The Company further ensures that any downtime of the Website, Account and Service does not last for more than 48 consecutive hours. The Customer is not entitled to any compensation even if the Company fails to ensure availability in accordance with the preceding sentences. Unavailability caused by Force Majeure, as well as unavailability caused by reasons attributable to the Customer or the Device – in particular its incompatibility with the System or the Website, malfunction or faults of the Device, or outages in the Customer’s internet connection – shall not be counted towards the unavailability period.
  • 2.4.7. The Company is entitled to temporarily interrupt, suspend or restrict access to the Service in the event of maintenance or updates to the System or the Website. The Company shall notify Customers of any such interruption, suspension or restriction of access to the Service, the Website and the Account, as a rule in advance where possible, by publishing a notice on the Website or within the Account interface, together with the expected duration of the interruption, suspension or restriction of access to the Service, the Website and the Account.
  • 2.4.8. The Company accepts no liability whatsoever for any consequences or damages that arise or may arise as a result of the use of information disseminated via the Service, the Website and/or the Account, save for liability under mandatory legal provisions. All information displayed or made available via the Service, the Website and/or the Account is of a non-binding nature and does not constitute professional advice. Furthermore, the Company accepts no liability whatsoever for any loss of or damage to content stored within the Service; the Service does not constitute a data storage facility or a data backup service.
  • 2.4.9. The Customer shall be fully liable for the data it stores and uses within the Service, the Account and on the Website, and for any direct, indirect, consequential or incidental damage that this may cause to the Company and/or third parties, including any recourse claims and compensation for penalties imposed by public authorities. The Customer acknowledges that the Company relies entirely on the Customer storing and using, within the Service and on the Website, data that does not infringe the rights and legally protected interests of third parties.
  • 2.4.10. The Customer is obliged to provide the Company with all necessary cooperation requested by the Company should a third party assert rights against the Company in connection with content stored by the Customer within the Service, or should public authorities request such cooperation.
  • 2.4.11. The Company does not grant the Customer, in connection with the use of the Service, the Account and the Website, Registration and/or the conclusion of the Service Agreement, any licence or right to exercise property rights in respect of the System, the Service, the Account or the Website, or any part thereof or their content. The Customer acknowledges that the texts, photographs, graphic works and all other elements of the Service, the Account and the Website, which are accessible within them, are protected by intellectual and industrial property rights, both individually and as a whole. The databases available within the Service, the Account and the Website are protected under Part Four of the Copyright Act, including the specific right relating to databases.
  • 2.4.12. The Customer is obliged to keep their Personal Data in the Account accurate, complete and up to date, and is obliged to bring it into line with the facts whenever any changes occur.
  • 2.4.13. The Company is entitled to send marketing information to the Customer by email in accordance with the Electronic Communications Act. The Customer does not object to the sending of marketing information as referred to in the previous sentence via SMS and MMS or by telephone in accordance with the Electronic Communications Act. The Customer is entitled to opt out of receiving marketing information at any time via their Account settings or by clicking on the link in the relevant marketing message.

3. SUBJECT MATTER, CONCLUSION, DURATION AND TERMINATION OF THE PURCHASE AGREEMENT

3.1. Provisions concerning Tickets:

  • 3.1.1. An electronic ticket is a Ticket distributed via supported applications and electronic wallets, from which the Ticket can be downloaded and stored once its Purchase Price has been paid in full.
  • 3.1.2. The subject matter of performance under the Purchase Agreement is the Ticket and the service provided with it relating to leisure activities, whereby the Organiser, as the trader, is obliged to provide these services at the precisely agreed time.
  • 3.1.3. The Ticket is considered a security. Altering, forging or copying Tickets is prohibited and contravenes these Terms and Conditions and the law. Altering, forging or copying Tickets may result in the imposition of penalties under administrative and/or criminal law.
  • 3.1.4. The ticket is a simplified tax document and proof of payment of the Purchase Price. Should the Customer require a different tax document (e.g. an invoice), they must request this from the Company by email at support@partymaker.eu prior to purchasing the ticket, so that the Company can verify whether such a request can be accommodated; please note that a fee applies for this service.

3.2. Order and Acceptance:

  • 3.2.1. The Company, as the operator of the Point of Sale (i) concludes a Purchase Agreement with the Customer on behalf of and for the account of the Organiser, whereby the Company is not a party to the Purchase Agreement and the contractual relationship established by the Purchase Agreement arises between the Organiser as the seller and the Customer as the buyer, (ii) receives Purchase Prices from Customers on behalf of and for the account of the Organiser, and (iii) to the extent specified in the contract with the Organiser, generally ensures, on behalf of and for the account of the Organiser, the provision of customer services and the handling of Customer complaints.
  • 3.2.2. The Organiser has authorised the Company to conclude Sales Contracts between the Organiser as the seller and the Customer as the buyer. The rights and obligations arising from the Sales Contract are held directly by the Organiser, not by the Company. Information about the Organiser (company name, company registration number and address) is stated on the Tickets.
  • 3.2.3. An Order constitutes the Customer’s proposal to conclude a Purchase Agreement, addressed to the Organiser via the Point of Sale. Acceptance of the Terms and Conditions is always an integral part of the Order. The Order must always be in writing. The Order takes the form of an electronic form submitted via the Sales Portal or, in the case of a Point of Sale, a verbal proposal to conclude a Contract. The Customer is obliged to provide their true and accurate Personal Data in an Order placed via the Sales Portal to the extent specified by the Sales Portal, and in the case of an Order placed via a Point of Sale, to the extent necessary for such details to be included on a personalised Ticket. The method of placing and submitting Orders is always determined by the Company.
  • 3.2.4. The Customer is entitled to cancel or withdraw an Order only until it has been received by the Company; such cancellation or withdrawal shall be effective only if it is received by the Company no later than the Order itself. Any cancellation of an Order after the conclusion of the Purchase Agreement is possible only with the Company’s consent or in accordance with consumer protection regulations, if the Customer is considered a consumer under the law, or in accordance with the Terms and Conditions.
  • 3.2.5. Acceptance constitutes the Company’s acceptance, on behalf of and for the account of the Organiser, of the Customer’s proposal to conclude a Purchase Agreement. An Order placed via the Sales Portal is deemed to have been accepted upon delivery of an email from the Company confirming the purchase of the Ticket to the Customer. The Company shall effect Acceptance on behalf of and for the account of the Organiser by sending information regarding the acceptance of the Order by email to the Customer’s address specified in the Order. As a rule, the Company accepts an Order in the case of immediate payment (by payment card or bank transfer via the bank interface on the Sales Portal or by another online payment method, where available) only after the Purchase Price has been credited to the Company’s account. An Order placed via a Point of Sale is deemed to have been accepted at the moment of sale and payment of the full Purchase Price by the Customer at the Point of Sale. There is no legal entitlement to Acceptance, and the Organiser is always free to decide not to accept an Order. If the Organiser does not accept the Order within twenty-four (24) hours of its receipt, the Order shall be deemed to have been rejected.
  • 3.2.6. ZmluvnĂ˝ vzĹĄah medzi UsporiadateÄľom a ZákaznĂ­kom vzniká Akceptáciou Objednávky. NeoddeliteÄľnou súčasĹĄou KĂşpnej zmluvy sĂş Podmienky.
  • 3.2.7. [SALES PROCESS]
  • 3.2.8. The contractual relationship established by the Purchase Agreement arises exclusively between the Organiser and the Customer; the Companies do not acquire any rights or obligations arising from this contractual relationship, apart from the rights and obligations set out in the Terms and Conditions. Furthermore, the Company bears no liability whatsoever for the performance of the Purchase Agreement or for the Event; such liability rests entirely with the Organiser. All actions undertaken by the Company in connection with the conclusion of the Purchase Agreement in accordance with the Terms and Conditions are carried out on behalf of and for the account of the Organiser. The Company publishes information about Events on the Website based on information provided by the Organiser.
  • 3.2.9. [REGISTRATION REQUIREMENT]
  • 3.2.10. The Customer must be at least 16 years of age to place an Order and enter into a Purchase Agreement.
  • 3.2.11. The Purchase Agreement is always for consideration; the provisions regarding the Purchase Price and payment terms are set out in Article 4 of the Terms and Conditions.

3.3. Termination of the Purchase Agreement:

  • 3.3.1. The Customer is not entitled to withdraw from or terminate the Purchase Agreement, except where this right arises from mandatory legal provisions or where a claim relates to defects in the goods supplied in accordance with the Terms and Conditions. The application of discretionary legal provisions, in particular Sections 436 to 439 of the Commercial Code, is excluded.
  • 3.3.2. A Customer who is a consumer does not have the right to withdraw from the Purchase Agreement under Section 19(1) of the Consumer Protection Act, as the subject matter of the Purchase Agreement is the purchase of Tickets granting admission to the Event, which constitutes a service relating to leisure activities, and the Organiser, as a trader, is obliged to provide these services at the precisely agreed time. This does not affect the rights of the Customer, who is a consumer, to withdraw from the Purchase Agreement if such a right arises due to defects in performance under the Purchase Agreement.
  • 3.3.3. The Organiser (and, on its behalf and for its account, the Company) is entitled to withdraw from the Purchase Agreement if the Customer books and/or purchases a Ticket or related services at a Purchase Price or fees that were published in error as a result of (i) an error on the part of the Organiser or the Company caused by human error, or (ii) a technical fault in the System, or (iii) an obvious error in the display of the Purchase Price (e.g. the Purchase Price clearly does not reflect the usual or market price or is unusually low, and this is not a promotional offer, or one or more digits are missing or present in the numerical representation of the Purchase Price), regardless of whether the incorrect Purchase Price is stated in the confirmation delivered to the Customer, or (iii) in the event that the Customer fails to collect the Ticket in accordance with the Terms and Conditions. The Organiser (and, on its behalf and for its account, the Company) may offer the Customer the option to pay the difference to bring the Purchase Price up to its actual correct amount before withdrawing from the Purchase Agreement; provided that, should the Customer pay this difference, the Organiser shall not be entitled to withdraw from the Purchase Agreement on this ground. In the event of such additional payment as referred to in the preceding sentence, the Company shall send the Customer confirmation of payment of the additional amount towards the Purchase Price and/or proof of payment of the full correct Purchase Price by email.
  • 3.3.4. Withdrawal from the Purchase Agreement must be in writing, state the reasons, be dated and signed, and be delivered to the other Party. In the event of withdrawal by the Customer, notice of withdrawal from the Purchase Agreement may be delivered to the Company. The notice of withdrawal may also be sent by email; in the case of withdrawal by the Organiser, to the Customer’s email address used during Registration, Booking or in the Order, and in the case of withdrawal by the Customer, to support@partymaker.eu. A ticket that was the subject of a purchase under a terminated Purchase Agreement shall be cancelled and may be re-offered and sold to other Customers.
  • 3.3.5. The Company shall, on behalf of and for the account of the Organiser, refund to the Customer the Purchase Price or the amount paid by the Customer, in the amount and to the extent stipulated by mandatory legal provisions, within 30 days of the withdrawal from the Purchase Agreement taking effect.
  • 3.3.6. Tickets covered by the terminated Purchase Agreement shall be cancelled and released, and the Company is entitled to offer them to other Customers.
  • 3.3.7. Should the Customer, for any reason not attributable to the Organiser, fail to use the Ticket and not attend the Event or any part thereof, they shall not be entitled to a refund of the Purchase Price or the Admission Fee. A refund of the Purchase Price is only possible in the circumstances set out in these Terms and Conditions and/or under mandatory legal provisions.

4. PURCHASE PRICE AND TERMS OF PAYMENT

4.1. Amount of the Purchase Price:

  • 4.1.1. [PRICE, DISCOUNTS, SPECIAL OFFERS, LOYALTY SCHEMES, SUPPLEMENTARY CHARGES]

4.2. Method of payment:

  • 4.2.1. The Customer is obliged to pay the Purchase Price in the following ways:
  • 4.2.2. When purchasing a Ticket via a Point of Sale, the Customer is obliged to pay the Purchase Price (i) by payment card via the payment gateway on the Sales Portal, whereby the Sales Portal specifies the types of payment cards that may be used for payment, or (ii) by bank transfer via the bank interfaces listed on the Sales Portal, whereby the Sales Portal will redirect the Customer during payment to the bank’s website or the payment gateway through which the Purchase Price can be paid, or (iv) by another online payment method operated by a third party, provided that the Company offers such an option on the Sales Portal; or (vi) via payment methods linked to a loyalty programme, subject to the terms set out in the Terms and Conditions.

4.3. Terms of payment:

  • 4.3.1. Where the Purchase Price is paid by immediate payment (payment by payment card, bank transfer via the bank’s interface on the Sales Portal or other online payment methods, where available, or cash payment), the Purchase Price is due at the time the Order is placed. If, for any reason, payment of the Purchase Price is not made, the Customer will be notified of this via the Sales Portal or by an email sent by the Company notifying them of the failed payment, in the case of an Order placed via the Sales Portal, or by the retailer at the Point of Sale, in the case of an Order placed at the Point of Sale.
  • 4.3.2. The purchase price shall be deemed to have been paid at the moment the full amount is credited to the Company’s account in the case of payment by bank transfer, cash corresponding to the Purchase Price is handed over at the Point of Sale, or when it is credited to the Company’s account in the case of payment by payment card or other online payment methods, provided the Company permits their use.
  • 4.3.3. The terms and conditions governing the use of payment cards and online payment methods are determined by the operators of those payment methods.
  • 4.3.4. All payments under the Terms and Conditions and the Contract are denominated in euros. Should any payment be made in any other currency, the Customer shall be liable for any exchange rate differences.

5. TICKET DELIVERY TERMS

5.1. The Company shall deliver the Tickets to the Customer, depending on their type, using the method selected by the Customer in the Order. As part of the Order creation process, the Company will specify which methods of Ticket delivery are available; however, the Company is not obliged to offer all options and methods of Ticket delivery in accordance with these Terms and Conditions and is entitled to restrict the Customer’s choice of options and methods of Ticket delivery.

5.2. [DESCRIPTION OF TICKET DELIVERY METHODS – MOBILE TICKET ETC.]

5.3. Upon collection of the Tickets, the Customer is obliged to check all the details on the Ticket and ensure they are correct; otherwise, neither the Organiser nor the Company shall be liable for any defects or errors in the Tickets.

5.4. [TICKET DELIVERY TIME]

6. RIGHTS AND OBLIGATIONS RELATING TO EVENTS AND TICKETS

6.1. [GENERAL]

6.2. [PROCEDURE IN THE EVENT OF LOSS OR THEFT]

7. [SPECIFIC SERVICES – ARCHIVING, TICKET CHANGE FEE]

8. LIABILITY FOR DEFECTS AND COMPLAINTS PROCEDURE

8.1. Complaints regarding defects in Tickets:

  • 8.1.1. Defects and errors in performance are defined as errors on the Ticket that are not caused by the Customer. An error caused by incorrect, false or incomplete information provided by the Customer, or by the Customer selecting the wrong type or category of Ticket when placing an Order or making a Booking, shall not be considered a defect in the Ticket. A defect in a Ticket also includes the failure to deliver the purchased quantity of Tickets, if the Customer has purchased more than one Ticket under a single Purchase Agreement, up to a maximum quantity limited by the Organiser for a single Customer.
  • 8.1.2. The Customer is obliged to report any defects in the Ticket to the Company without undue delay following delivery of the Ticket. The Customer is obliged to lodge a complaint (i) in person at the Point of Sale, in the case of a Ticket purchased at the Point of Sale, or (ii) by sending the complaint by post to the Company’s registered office, in the case of an official paper Ticket with security features purchased via the Sales Portal, or (iii) by sending an email to support@partymaker.eu.
  • 8.1.3. Where a complaint is lodged electronically (by email or via the Website) or by post, the Company will, as a rule, process such a complaint within 5 days of receipt of the complaint, including all documents required under the Terms and Conditions. If the complaint requires a more complex assessment by the Company or the Organiser, it will be dealt with within 30 days of being lodged.
  • 8.1.4. The Company shall send the Customer confirmation of receipt and resolution of the complaint by the same means by which the complaint was delivered to the Company.
  • 8.1.5. The Company is entitled to resolve the complaint by rejecting it if (i) it is manifestly unfounded, or (ii) the Customer has not acquired, or has lost, the right to make a claim for defects in performance under the Purchase Agreement and/or the Terms and Conditions, or (iii) the Company is permitted to do so by law and/or the Terms and Conditions in accordance with the law, or (iv) the complaint is lodged after the Event has taken place or been cancelled, or (v) the complaint is lodged so shortly before the Event that it is not reasonable to expect the Organiser to deal with the complaint in any way.
  • 8.1.6. Should the Company assess the complaint as justified, it shall resolve it by (i) providing the Customer with a replacement Ticket with the errors rectified, at the Organiser’s expense.

8.2. Restriction, alteration and cancellation of the Event:

  • 8.2.1. [PROCEDURES IN THE EVENT OF RESTRICTIONS, CHANGES OR CANCELLATION OF THE EVENT, REFUNDS OF THE PURCHASE PRICE DIRECTLY FROM THE COMPANY, REFUNDS THROUGH THE ORGANISER AND OTHER MATTERS]
  • 8.2.2. The Organiser is not obliged to refund the Purchase Price, or any part thereof, to the Customer if the Event is cancelled or altered (i) for reasons caused by a force majeure event not attributable to the operations of the Organiser and/or the Company (Section 420a(3) of the Civil Code), in particular but not limited to reasons attributable to the performers (e.g. deterioration in health, etc.), force majeure, natural disasters, adverse weather conditions, strikes, demonstrations, wars, uprisings, riots, terrorist attacks or suspected terrorist attacks, or bans on public events or the Event by any public authority, court or statutory provision, or (ii) for reasons attributable to the Customer (Section 420a(3) of the Civil Code), or (iii) for any other similar reasons set out in the Organiser’s Terms and Conditions, all of the above applying even if no replacement Event is held on an alternative date in place of the cancelled Event. This provision shall not apply to the extent that its application is precluded by mandatory legal provisions with which it conflicts.
  • 8.2.3. The Customer is not entitled to (i) reimbursement of any other out-of-pocket expenses relating to the Event, including in the event of a restricted, altered or cancelled Event, in particular travel, accommodation and meal expenses, nor to (ii) reimbursement of the costs of delivering the Ticket, Ticket insurance, or (iii) other charges under the Terms and Conditions, provided that the services relating thereto have been fully provided.
  • 8.2.4. In the event that information regarding the restriction, alteration or cancellation of the Event is not available or delivered to the Customer due to reasons attributable to the Customer, Force Majeure, internet connection or power failures, a breach of the Customer’s obligations, or if the Customer’s email server classifies an e -mail from the Organiser or the Company as spam or otherwise filters and blocks it and does not display it to the Customer, or if the Event’s website or the Organiser’s website is not displayed to the Customer for reasons attributable to the Customer or the Device, the Organiser shall not be liable to the Customer for any damage or loss caused to the Customer as a result of the non-delivery or non-display of the aforementioned information.
  • 8.2.5. The Organiser, and not the Company, is fully responsible for any restrictions, changes or cancellations of Events, and for the refund of Purchase Prices in full. The Company shall ensure that the relevant rights and claims of Customers are met exclusively on behalf of and for the account of the Organiser, to the extent agreed between the Organiser and the Company. Customers shall therefore have no claim or right against the Company in this regard. The Company bears no obligations or liabilities towards Customers arising from the restriction, alteration or cancellation of Events, nor is it obliged to refund Purchase Prices or other payments, nor to provide compensation or reimbursements to Customers from its own resources. The Company is not obliged to process requests for a refund of the Purchase Price, nor to refund the Purchase Price, if the Organiser has not authorised the Company to carry out these activities, has revoked such authorisation, or has not provided the Company with the funds necessary to refund the Purchase Price. The Company publishes information about Events on the Website based on information provided by the Organiser.

9. SPECIAL PROVISIONS FOR CONSUMERS

9.1. This Article applies only to those Contracts which, within the meaning of the definitions set out in clauses 9.1 and 9.2 of the Terms and Conditions and the Consumer Protection Legislation, are consumer contracts, and where the Customer is a consumer, i.e. a person designated as a consumer under the Consumer Protection Legislation. This article does not apply to Contracts that are not consumer contracts. Where any provisions of the Terms and Conditions in other articles conflict with this article, and the Contract in question is a consumer contract, this article shall take precedence over the provisions of the other articles of the Terms and Conditions. Persons who are not consumers may not rely on the rights set out in this Article, which the law grants exclusively to consumers, nor on other provisions of the Terms and Conditions that expressly grant certain rights and options only to consumers.

9.2. A consumer is a natural person who, in connection with a consumer contract, an obligation arising therefrom, or a commercial practice, is not acting within the scope of their business or professional activity. A relationship governed by these Terms and Conditions is a consumer relationship if the Customer is a natural person who uses the performance provided under the Contract not in the course of their business activities but for their own personal consumption. The relationship governed by these Terms and Conditions is not a consumer relationship if the Customer is a natural person who uses the services provided under the Contract in the course of their business activities and not for their own personal use, or if the Customer is any legal entity. The Customer is also not considered a consumer if, when filling in the details within the Service, they provide the details of a legal entity or a natural person with an identification number (IÄŚO) in the invoicing or payment details.

9.3. [TO BE FINALISED BY MENTS]

10. SPECIFIC RULES UNDER THE DIGITAL SERVICES ACT

10.1. This section of the Terms and Conditions sets out the specific rules under the Digital Services Act. The Sales Portal and the Website constitute an online platform within the meaning of Article 3(i) of the Digital Services Act. The Company provides Organisers with the opportunity to use the platform as an online marketplace and thereby provides services to Organisers and Customers in accordance with Article 29 of the Digital Services Act. The Website provides Customers with the opportunity to conclude distance contracts with traders.

10.2. To the extent provided for in the Digital Services Act, the Company is not liable for the activities or information of Organisers or Customers, nor for the content they publish via the Service.

10.3. The following content on the Website or within the Service is deemed to be unlawful or in breach of the terms of use of the relevant services:

  • (i) content that contravenes the law, in particular, but not limited to, criminal law and legislation governing administrative offences;
  • (ii) content that contravenes public morality;
  • (iii) the content contravenes the principles of fair trading;
  • (iv) the content contravenes the decisions of courts and/or public authorities;
  • (v) the content contravenes the codes of ethics to which the Company has undertaken to adhere;
  • (vi) the content unlawfully infringes the rights or legally protected interests of any person, including the Company and its affiliated persons, their employees, their statutory representatives and members of their governing bodies;
  • (vii) the content infringes the rights or legally protected interests of any third parties;
  • (viii) the content jeopardises or damages the good reputation or name of the Company or its affiliated persons;
  • (ix) the content contains advertising or commercial information relating to third parties;
  • (x) the content contains advertising or commercial information relating to competitors of the Company or its affiliated persons;
  • (xi) the content is not directly relevant to the subject matter of the Service and the Website;
  • (xii) the Organiser makes the provision of further information conditional upon the payment of a separate fee, including but not limited to via paid SMS messages or calls to telephone numbers with a special rate;
  • (xiii) the content is objectionable for other reasons under the Terms or applicable legislation, or is in breach of the Terms or applicable legislation.

10.4. The Company shall not be liable for content within the Service or on the Website to the extent provided for in the Digital Services Act. The Company is entitled, but not obliged, to carry out preventive checks on content uploaded by Organisers to the Website. The Company is entitled to remove any content from the Service and the Website for any reason.

10.5. Should the Organiser, the Customer or a third party suspect that unlawful content, content that contravenes the Terms of Service, or otherwise objectionable content is being disseminated on the Website or via the Service, they may report this to the Company. If the person making the report does not agree with the outcome of the handling of their report, they may submit a complaint to the Company. Complaints lodged under the Digital Services Act must be received by the Company within six months of the date on which the complainant was informed of the decision on their complaint pursuant to Article 16(5) or Article 17 of the Digital Services Act.

10.6. The Company has implemented a system in accordance with Article 20 of the Digital Services Act. The contact details for submitting notifications and complaints under this clause are set out on the page [HYPERLINK]. The system for reporting harmful content and handling complaints may be used not only by Customers but also by third parties. 10.7. The Company does not suspend the processing of reports and complaints submitted via the mechanisms set out in the Digital Services Act in respect of individuals who frequently submit manifestly unfounded reports and/or complaints. However, should any person submit more than two manifestly unfounded reports or complaints in a single week, the Company is entitled to suspend the processing of reports and complaints from such persons for a period of two months.

10.8. The data subject may also make use of the out-of-court dispute resolution scheme in accordance with Article 21 of the Digital Services Act. 10.9. The main parameters used to determine the order in which content is displayed within the Sales Portal on the Website are (i) popularity (content is ranked by traffic), (ii) chronological order (content is ranked by the date it was added), and (iii) topic (content is sorted by individual topics). The order of these parameters has been chosen to reflect their economic significance to the Company and to take the user experience into account. The mechanism for determining the order of content takes into account the nature of the content and its relevance to Customers according to the specified parameters (popularity, date added, topic).

10.10. The Company shall not apply different treatment to the services and products it offers to Customers, whether offered by the Company itself or by a person controlled by or affiliated with it.

11. GENERAL AND FINAL PROVISIONS

11.1. [METHOD OF DELIVERY – COMMUNICATION WITH THE CUSTOMER]

11.2. [ELECTRONIC INVOICES(?)]

11.3. These Terms and Conditions and the Contract are governed by Slovak law and the Commercial Code. Where the Contract is a consumer contract, the restrictions on the choice of the Commercial Code shall apply to it. 11.4. Any disputes arising from the Contract and/or these Terms and Conditions shall be resolved by a Slovak court. The Slovak court with local jurisdiction shall be determined in accordance with the relevant provisions of the Civil Procedure Code.