These General Terms and Conditions are governed by the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act").
I. Introductory provisions and definition of terms
1. The following General Terms and Conditions (hereinafter referred to as "GTC") are issued by MetronomeProduction s.r.o., ID No. 04658639, with registered office at Terronská 3, Dejvice, 160 00 Prague 6, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 251541 (hereinafter referred to as the "Organizer" or also the "Seller"), which is the organizer of the Metronome Prague Festival (hereinafter referred to as the "Festival"), or other cultural events organized by the Organizer, to which these GTC also apply accordingly.
2. The GTC form an integral part of the purchase contract for the purchase of tickets to the Festival, cultural events held at the Festival or cultural events held outside the Festival (hereinafter referred to as the "Purchase Contract").
3. The subject of the GTC is the regulation of contractual relations between the person entering into a contractual relationship with the Organiser (hereinafter referred to as the "Participant" or also the "Purchaser") when purchasing tickets.
4. Ordering tickets via the Internet, as well as purchasing tickets at the Festival box offices, implies acceptance of the GTC, which the Participant can get acquainted with on the website www.metronome.cz or at the Festival box offices at the time of the Festival, and which are effective on the day of the order or purchase of tickets.
5. online shop means the online system operated on the Internet at the domain (URL) http:// https://www.metronome.cz, which allows the conclusion of Purchase Contracts between the Organiser and the Participant by means of remote communication. The Participant agrees to the use of remote means of communication in concluding the Purchase Contract.
6. In the case of personal purchase of a ticket through the box office, the provisions of the GTC which cannot be applied to the contractual relationship thus established due to their nature shall not apply to the contractual relationship concluded.
7. A ticket means:
- A regular ticket or pass (multi-day ticket) purchased by the Participant at the Festival box offices.
- A sponsorship ticket, the purchase of which makes the Participant a partner of the Festival.
- An electronic ticket or electronic accreditation, which is sent to the Participant in pdf format by e-mail after the Participant has made an on-line payment or after the Participant's payment has been credited to the Organiser's bank account by bank transfer.
Tickets are divided into categories, which are listed and described on the website www.metronome.cz in the "Tickets" section, with different Entrant rights attached to each category.
8. Purchase contract means a purchase contract within the meaning of Section 2079 et seq. of the Civil Code concluded between the Organiser as the seller and the Participant as the buyer via the Online Shop or at the Festival box office.
9. Order means an electronic binding proposal for the conclusion of the Purchase Contract, which is created by filling in the necessary data in the order form (e.g. quantity, delivery address) and sending it to the Seller via the Online Shop.
10. TICKETSTREAM s.r.o., with its registered office at náměstí Vladimírova 567/11, Nusle, 140 00 Prague 4, ID No.: 26695944, registered in the Commercial Register maintained by the Municipal Court under file No. C 87942, is a provider of ticketing services through which the Promoter sells Tickets via the website www.metronome.cz (or the website www.ticketstream.cz). The Organizer's GTC are superior to the terms and conditions of TICKETSTREAM s.r.o. In case of a dispute, the mutual rights and obligations of the parties are governed by the Organizer's GTC.
11. According to these GTC, a consumer means a person who does not act within the scope of his/her trade or other business activity when concluding and performing a contract. The consumer is governed by the GTC insofar as they apply to him/her, the Civil Code and the Consumer Protection Act.
12. Other undefined terms shall have their ordinary linguistic meaning, unless the context indicates otherwise.
II. Order, conclusion of the Purchase Contract
1. Ticket prices are expressed in Czech crowns including VAT. The Company is a VAT payer. Costs incurred by the Participant when using remote means of communication in connection with the conclusion of the Purchase Agreement via the Internet (Internet connection costs) are borne by the Participant. The Participant may pay the purchase price of the Ticket in the following ways:
a. cashlessly by credit card at the Festival ticket offices during the Festival,
b. in the Online Shop by credit card through the PayU payment system, bank transfer in CZK, Google Pay, Twisto or through the employee benefit programs Edenred, Benefit Plus and Benefity, Ebenefity, if the Purchaser's employer allows it.
2. Terms and conditions of Ticket sales at the Festival box offices during the Festival: The number of tickets for each cultural event at the Festival is limited by seating or standing capacity.
3. Conditions and Procedure for Ordering Tickets via the Online Shop:
a. Buyer selects the category, price and number of Tickets. The Buyer is obliged to fill in other data required to create an Order, in particular to select the method of payment of the purchase price, his/her identification and contact details to the extent necessary for the conclusion of the Purchase Agreement and additional data in case of applying a discount code, the name of the preferred performer or the size of the T-shirt in case of purchasing a Ticket that includes a gift.
b. The Buyer has the possibility to check and eliminate errors arising from the data entry in the Order before sending the Order, in particular, the Buyer has the possibility to remove individual items from the virtual basket and to check and change the data provided in the Order, especially the quantity and type of Tickets, contact details or payment method. The Organiser is not responsible for any incorrect data entered by the Buyer when making an online reservation (Ticket category, name, surname, email, telephone, etc.).
c. Submitting an Order by clicking on the "ORDER" button shall be deemed to be a proposal by the Buyer to enter into a Purchase Agreement.
d. Upon payment of the purchase price of the electronic Ticket, the electronic Ticket is sent to the Buyer's email address specified in the Order. Upon receipt of the order confirmation to the e-mail address provided by the Buyer, the Purchase Contract is concluded. In the event that the Buyer has entered incorrect contact details, as a result of which the Order confirmation cannot be delivered, the Seller is entitled to cancel the Order.
e. The management of reservations in the Buyer's account is subject to registration on www.ticketstream.cz and the use of the Buyer's login (email) in the purchase form when purchasing Tickets, under which the Buyer is registered on www.ticketstream.cz.
4. The Seller hereby excludes in advance the possibility of accepting the offer with an amendment or reservation in accordance with § 1740 of the Civil Code. This agreement is reciprocal, and the Purchase Agreement is always based on the unconditional acceptance of the proposal of the other party.
5. The Seller is entitled, depending on the nature of the Order (e.g. unusual quantity of Tickets), to ask the Buyer for additional confirmation of the Order (in writing or by telephone). If the Buyer does not confirm the Order, the Seller may require payment of the full purchase price before the Tickets are sent to the Buyer, otherwise the Seller is entitled not to conclude the Purchase Contract. The provisions of Section 2119(1) of the Civil Code shall not apply.
6. The Seller shall not be liable for the validity and authenticity of Tickets purchased outside the Online Shop or the Festival Box Office. Forgery of the Ticket is a criminal offence.
7. Czech law shall apply to the relations arising from the Purchase Agreement. The Purchase Contract may be concluded in the Czech language. The Buyer is entitled to enter the data in the Order also in a language other than Czech, if this is understandable to the Seller (English or German).
III. Rights and obligations under the Purchase Contract
1. The Seller is obliged to deliver the ordered Tickets to the Buyer at the agreed price and the Buyer is obliged to pay the Purchase Price.
2. The Buyer is entitled to choose one of the methods of payment of the Purchase Price and other information that is provided in the dynamic information fields available during the creation of the Order. In the case of payment in advance by bank transfer, the provisions of Section 2119(1) of the Civil Code shall not apply. Further information on the methods of payment of the Purchase Price is available to the Buyer on the website www.metronome.cz in the section "Tickets" and in Article II, paragraph 1 of the GTC.
3. In case of payment by bank transfer, the Buyer will receive the Ticket within 2-4 working days.
4. In case of selecting the category of Tickets containing a gift
a. the Buyer is obliged to check whether the parcel bears any signs of damage caused during transportation (in particular, whether the parcel is not torn or damaged), in case of damage to the parcel visible during the actual delivery, the Buyer is obliged to check the condition of the contents of the consignment and is obliged to make a record of the damage in the presence of the carrier, or the damage may be reported to the carrier via its nearest depot within 3 days of receipt of the consignment, or the damage may be reported to the Seller,
b. whether or not the shipment shows signs of damage, the Buyer shall always inspect the contents of the shipment without undue delay after receipt of the shipment and report any damage to the Seller immediately upon discovery,
c. The Buyer shall inform the Seller of any damage to the consignment caused during its transportation even if the Buyer does not take over the consignment from the carrier for this reason. In the event that the Buyer does not sign a claim report or similar record of damage to the shipment with the carrier, the Seller cannot take the damage into account.
IV. Claims
1. The Promoter only offers dated tickets for leisure use. Therefore, within the meaning of Section 1837(j) of the Civil Code, the Participant is not entitled to withdraw from the Purchase Contract, even in the case of a contract concluded by means of distance communication.
2. The Organiser reserves the right to change the programme, performers, date and venue of the Festival. A change of this nature does not give the Buyer the right to return the Ticket. By purchasing a Ticket, the Buyer acknowledges this right.
3. In the event of cancellation of the Festival without refund, for which the Buyer has already purchased a Ticket, the Buyer will be refunded the full amount of the Ticket on the following terms: In the case of a Ticket purchased through the Online Shop, the Buyer will be refunded the price paid after submitting a written claim to [email protected] in the manner in which the Ticket was paid by the Buyer. The claim must include a PDF copy of the Ticket. This provision does not apply to the relationship agreed between the Promoter and the Buyer - business.
4. Paragraph 3. of this Article IV. shall not apply to cases when the Festival is cancelled for reasons not caused by the Organiser, in particular to cases when the Festival is cancelled without compensation due to force majeure and at the same time the legal regulations or other measures of the state administration authorities in force at the time allow the Organiser to choose another solution to the given situation or if the Organiser offers the Participant an alternative date of the Festival. It also does not apply if the Participant chooses to exchange the Ticket for a Ticket to another cultural event organized by the Organizer.
5. In case of cancellation and rescheduling of the Festival to another date, the purchased Tickets remain valid.
6. Already purchased Tickets cannot be returned or exchanged except in the cases expressly stated.
7. No refunds will be given for lost or destroyed Tickets.
8. The Promoter shall not be liable for the Buyer's failure to receive a Ticket due to reasons on the Buyer's side, in particular due to the Buyer's inability to receive an electronic Ticket to the specified e-mail address (e.g. overflowing mailbox, spam filter, etc.).
9. In the event that the Buyer does not receive the electronic Ticket within 1 hour of the payment of the admission fee (in the case of a bank transfer within 5 days of its execution), the Buyer is obliged to immediately contact the administrator of the ticketing system - TICKETSTREAM s.r.o. by e-mail at [email protected] and notify that the paid Ticket has not been delivered. For this purpose, the Buyer is obliged to provide TICKETSTREAM s.r.o. with the name, surname and e-mail address he/she provided as contact or identification when purchasing the Ticket. In the event that TICKETSTREAM s.r.o. finds that the Ticket was not actually delivered to the Buyer within the proper time limit, the time limit for complaint has been met and it is not the case referred to in the previous paragraph 6 of this Complaint Procedure, the Ticket will be resent to the Buyer by TICKETSTREAM s.r.o. to the e-mail address provided by the Buyer.
10. Tickets purchased outside the Online Shop cannot be claimed under these GTC in any case.
V. Intellectual property rights
The Participant does not acquire any intellectual property rights, in particular copyrights, industrial rights and is not granted any license or other permission to use the names, signs, symbols, logos, marks and other signs of the Festival, the ownership of which is vested in the Organizer.
VI. Liability
1. The Organiser shall not be liable for any damage caused by theft to items brought in that have not been stored in the designated place. Each Participant shall be liable for damage caused to third parties and for damage to property caused to the Organiser and to third parties during their visit to the Festival.
2. The Organiser's liability for damages caused to the Participant - consumer is governed by the relevant legislation, in particular the Civil Code.
3. If a Participant - entrepreneur is a party to the Purchase Agreement, the Organiser is liable for damage caused by culpable breach of obligations under the Purchase Agreement.
4. Participation in the Festival is voluntary. Each Participant is fully responsible for himself and his actions before, during and after the Festival and for any damage he causes. The Organiser accepts no responsibility for any damage caused during the Festival by individual Participants.
5. The Organiser is not responsible for the health condition of the Festival Participant. By participating in the Festival, the Participant declares that his/her health condition is not an obstacle to his/her presence at the Festival.
6. The use of any addictive and psychotropic substances is prohibited at the Festival, except for beverages containing alcohol, which can be purchased on the Festival premises. There is a strict prohibition of handling open fires in the Festival area outside the designated areas.
7. The Participant agrees to observe the rules of social coexistence and will not use any physical violence or inappropriate behaviour towards other Participants. The nighttime quiet is governed by the applicable legislation of the Czech Republic.
8. Each Festival Participant will receive an identification band after registration at the Festival venue, which he/she is obliged to wear visibly (e.g. on his/her wrist). The armband entitles the Participant to enter the premises with the possibility to leave and return at any time. The identification band is non-transferable. In case of damage, the Participant is obliged to ask the organizers to replace it for a handling fee of 500 CZK. Each Participant is obliged to present the identification tape to the organizers or security service during random checks within the premises.
9. The Organizer of the Festival is entitled to decide to exclude the Participant from the Festival if the Participant repeatedly fails to follow the instructions of the organizers, violates the GTC, the Visiting Regulations or the rights of other participants of the Festival, without any claims for refund of admission fees or claims for reimbursement of any other costs.
VII. Participation in the Festival
1. The price of the Festival Admission and Ticket entitles to admission to all Festival music productions in accordance with the Ticket category selection, and does not include the cost of accommodation and meals at the Festival venue.
2. The Ticket is non-transferable and Tickets purchased at a discounted price in advance of the Festival are no longer available for sale.
3. The Participant acknowledges that a cashless payment system will be operated throughout the Festival site at all individual vendors. The Organiser shall have the right to modify the terms and conditions of use of this system and the fees for its use upon proper and timely notification to the visitors.
4. The Participant undertakes to comply fully with the operating rules of the centre where the Festival is held and the Festival's organizational regulations.
5. The entry of animals is prohibited.
6. The participation of minors in the Festival venue is only possible when accompanied by a Festival Participant over 18 years of age and under strict conditions that are in accordance with the law of the Czech Republic. In such a case, the Participant is fully responsible for the minor and undertakes to ensure that he/she does not participate in activities that could endanger his/her moral development. The Operator does not provide babysitting or supervision of minors during the Festival.
7. Participants who are PWD/P (particularly severely disabled with a guide) may have a guide who will accompany them free of charge during the Festival. Disabled/P participants are obliged to consult their therapist or doctor about their participation in the Festival and inform the Festival organisers about their treatment before the Festival.
8. Photographing or making any recordings is only allowed for authorized persons designated by the Organizer.
9. By participating in the Festival, the Participant grants the Organiser permission to publish illustrative photographs. If the Participant does not consent to the publication of his/her photographs, he/she is obliged to notify the Organiser of this fact when registering for the Festival.
10. On the premises, Participants are obliged to follow the instructions of the Organisers and at the same time to observe the rules of social coexistence and to comply with all the terms and conditions of the GTC.
VIII. Possibility of out-of-court dispute resolution
In the event of a dispute between the Buyer - consumer and the Seller arising from the Purchase Contract, the Buyer is entitled to submit a proposal for out-of-court dispute resolution to the Czech Trade Inspection in order to conclude an agreement with the Seller, using the contact details available on the website of the Czech Trade Inspection. The submission of the proposal and the subsequent participation in the out-of-court dispute resolution is free of charge for the Buyer, while any costs incurred in connection with the out-of-court dispute resolution shall be borne by each party separately. The Buyer's choice of out-of-court dispute resolution is voluntary.
2. Out-of-court dispute resolution is regulated by § 20d et seq. of Act No. 634/1992 Coll. on Consumer Protection. The proposal for initiation of out-of-court proceedings must contain the elements pursuant to § 20n of the Consumer Protection Act. Consumer Protection Act. The application for out-of-court dispute resolution may be filed no later than within 1 year from the date when the Buyer first filed a claim with the Seller which is the subject of the dispute (e.g. from the moment of the first complaint of the goods or from the moment of the request for the refund of the purchase price after a valid withdrawal from the contract in the event of the Seller's delay in returning it).
3. Buyers who are resident in another EU Member State, Norway or Iceland are entitled to take their dispute with the Seller to out-of-court settlement through the European Consumer Centre in their country of residence; a list of the relevant Consumer Centres is available on the European Commission's website.
IX. Final provisions
1. If the Buyer is a foreign entity, Czech law shall apply to the legal relationship arising from the Purchase Contract or any other legal relationship arising in connection with the use of the online shop services. At the same time, the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
2. The Seller is authorised to carry out activities related to the operation of the Internet Shop on the basis of trade licences and its activities are not subject to any other authorisation.
3. the Buyer shall have the possibility to communicate any complaints to the Seller in writing or electronically by e-mail to the Seller's address specified in Article 1.1.2. the Seller shall respond to the received complaint in the same form in which it was received (in writing or electronically to the Buyer's e-mail address). However, the Buyer reserves the right not to respond to complaints from third parties who have not entered into a Purchase Agreement with the Seller.
4. In the event that any provision of these Terms and Conditions is invalid or ineffective for any reason, this shall not render the other parts of the Terms and Conditions or the Purchase Agreement invalid or ineffective.
5. This version of the Terms and Conditions is effective as of 22.6.2024