STANDARD TERMS OF BUSINESS (Internet)
TEX Hungary Ltd. only sells the tickets but is not itself the promoter of the events offered. These are carried out by the respective promoters, who also issue the tickets. The purchase of an entrance ticket results in an exclusive contractual relationship between the ticket holder (customer) and the respective promoter regarding attendance at an event. The promoter's own Standard Terms of Business, as well as the respective venue’s own rules may possibly apply to this legal relationship.
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• Area of application
• Service Provider’s details
• Description of the purchase: registration, ordering process, conclusion of the contract, cancellation
• Price components and methods of payment
• Right to cancel
• Retention of title; set-off; right of retention when purchasing on invoice
• Liability, Cancelling events, Changes, Reimbursement
• Event rules
• Managing complaints
• Final provisions
I. Area of application
- 1. The following Standard Terms of Business apply exclusively in relation to TEX Hungary Ltd. for all contracts and orders issued for the supply of tickets purchased on https://cts.eventim.hu/ website.
II. Service Provider’s details
Service Provider’s name: Tex Hungary Ltd.
Seat and postal address: Hungary, 1065 Budapest, Bajcsy-Zsilinszky út 31. 1/1.
Company registration number: 01-09-877903
Tax number: 13878131-2-42
Registry authority: Metropolitan Court acting as Registry Court
E-mail address: firstname.lastname@example.org
Name of Data Storage Provider: CTS EVENTIM Solutions GmbH
Address of Data Storage Provider: Contrescarpe 75 A, 28195 Bremen, Germany
E-mail address of the Data Storage Provider: email@example.com
III. Description of the Purchase: registration, ordering process, conclusion of the contract, cancellation
- A. Registration
- 1. Customer declares by purchase/registration on this current website that he/she has read and accepted the current Standard Terms of Business.
- 2. Customer is obliged during purchase/registration to give his/her valid, genuine own personal data. TEX Hungary Ltd. excludes any liability in case the customer acts on behalf of a different person or uses the services with a different person’s personal data.
- 3. TEX Hungary Ltd. cannot be made liable for any delay or other difficulties in performance if such issues can be traced back to customer’s false and/or inappropriate provision of personal data.
- 4. TEX Hungary Ltd. is not liable for damages occurring from such situations as well as if the customer forgets his/her password, or it can be accessed by unauthorized persons for any reason that is not attributable to TEX Hungary Ltd.
- B. Purchasable tickets
- 1. The prices of the tickets shall be interpreted in Hungarian Forints, and they contain the legally prescribed VAT but do not contain the fee of the delivery and system fee, if applicable.
- C. Ordering process
- 1. The customer can log in after the registration to the website or can also log in during the purchase process.
- 2. The customer choses the event, or the artist and the event date.
- 3. The customer choses the tickets: booking based on best seats/interactive seating order and puts the tickets into the shopping cart.
- 4. The customer can look at the content of his/her shopping cart anytime by clicking on „shopping cart” icon.
- 5. If he/she does not want to buy any more tickets he/she shall check the number of whished purchased tickets.
- 6. By clicking on the „Delete Ticket” icon User can empty the content of the shopping cart.
- 7. After the personal data was given by the customer he/she can place his/her order by clicking on „Order” button on the web site. With placing an order customer fully acknowledges that he/she has a payment obligation.
- 8. Correcting the input of erroneous data: customer can always step back to the previous phase before completing the whole ordering process where he/she can correct the erroneously input personal data. In detail: During the order there is the possibility to look at respectively to change the content of the shopping cart. In case the customer wishes to cancel the reserved tickets just click on the „Delete Ticket button on the web site. During the order the customer has the continuous possibility to change/remove the order.
- 9. Customer will receive an email of confirmation of his/her order after he/she has placed the order. In case this confirmation email does not arrive within 48 hours form the moment of placing the order, customer is exempted from the order and contractual obligation.
- 10. In case customer has chosen the print@home option he/she has the possibility to print the actual tickets (which will be sent simultaneously with the confirmation email by the Supplier).
- 11. In case customer chose home delivery of the tickets, TEX Hungary Ltd. undertakes to deliver the tickets to consumer between 7-21 business days depending on the postal or courier services.
- D. Conclusion of the contract
- 1. The offer to conclude a contract comes from the customer as soon as he/she clicks the field "buy". The contract between the customer and the respective contractual partner (promoter, and/or TEX Hungary Ltd.) is not concluded until the transaction number is issued and sent by TEX Hungary Ltd. to the customer.
- 2. TEX Hungary Ltd. is entitled to cancel a customer’s order for which a transaction number has already been issued (unilateral right of cancellation) if the customer violates specific conditions set by the promoter or by TEX Hungary Ltd., to which reference was made prior to the sale. The same is true for attempts to circumvent such conditions (e.g. violation of the limited number of tickets per customer, violation of documentary conditions, particularly against a ban on reselling, attempts to circumvent this by registering and using several user profiles, etc.), or if the promoter or TEX Hungary Ltd. has unpaid receivables vis a vis the customer. Without written consent of the promoter of the event the use of tickets for commercial advertising or marketing purposes (e.g. for competition winning or other commercial purposes) is not permitted, neither is a commercial resale of tickets in the access area of venues governed by the property right of the promoter. Cancellation/withdrawal can also be tacitly declared through the crediting of the amounts paid.
- 3. In case of a postponement of an event the respective promoter is entitled to declare tickets valid for the postponed event date for such event. Return of tickets to the TEX Hungary Ltd. or a reverse of the ticket purchase due to such postponement is not possible, except for cases where the customer demonstrates that attendance of the event at the postponed event date is beyond reason for him/her. This paragraph shall not apply if the promoter of an event is to be held responsible for a postponement of the event.
IV. Price components and methods of payment
- 1. Ticket prices can exceed prices printed on the tickets. Depending on the event and the ordering method, payments may be made by credit card (Visa or Mastercard/Eurocard), and/or by payment in advance (by bank giro transfer), or on invoice. VAT is included in the price. The total price for the order, including all fees, is due for payment immediately. If payment is made in advance (by bank giro transfer), the total amount must be transferred in full, by the stated date, to the bank account specified by TEX Hungary Ltd.
- 2. When orders are submitted online, service and shipping costs are charged that may vary according to event. These fees are displayed to customers in the shopping cart when ordering; no further, undisplayed costs are incurred.
- 3. Data transmission in case of credit card payments with 3D Secure Due to legal requirements (the Payment Services Directive, “PSD2”), and/or to protect against fraudulent use of credit card data, the 3D-Secure procedure is usually applied. With 3D- Secure, browser data, credit card data, address data (billing address, email address), as well as the transaction amount and currency will be transferred to the credit card issuer via the credit card organizations. This data is used by the card-issuing institute to determine the fraud risk of the transaction; depending on the amount and calculation result, an authentication of the payment transaction e.g. via TAN or app may be required.
V. Right to cancel
- In line with Directive 2011/83/EU and Government Decree no. 5/2014 (II.26), consumers do not have a general right to cancel a ticket purchasing contract.
VI. Retention of title; set-off; right of retention when purchasing on invoice
- 1. If the customer is a consumer, TEX Hungary Ltd. shall retain legal ownership of the purchased item until the invoice amount has been paid in full. If the tickets are personalised, the rights vested by the ticket are transferred to the customer on condition that the invoice amount is paid in full. The respective security interests are transferrable to third parties.
- 2. If the customer is not a consumer, TEX Hungary Ltd. retains legal ownership of the purchased item until all outstanding debts in the business relationship with the customer have been settled. If tickets are personalised, the rights vested by the ticket are transferred to the customer on condition that all outstanding debts in the business relationship with the customer have been fully settled. The respective security interests are transferrable to third parties.
- 3. The non-consumer customer has no right of set-off unless the customer’s counter-claims are established by a final court decision, or are undisputed or acknowledged by TEX Hungary Ltd. Furthermore, the non-consumer customer has a right of set-off only to the extent that the customer’s counter- claim derives from the same contractual relationship.
- 4. If the customer is in default on any payments owed to TEX Hungary Ltd., all outstanding receivables shall become due immediately.
VII. Liability, Cancelling events, Changes, Reimbursement
- 1. TEX Hungary Ltd. as seller of the tickets is not liable for the organization of the events. In the event of cancellation of the events, TEX Hungary Ltd. is liable for refunding the tickets to customers, however it shall not be liable for any further damages associated with such cancellation. Accordingly, in the event of a cancelled event, TEX Hungary Ltd. shall be obliged to refund the price of the ticket not including any delivery or system fees and commissions. TEX Hungary Ltd. is not obliged to reimburse any alleged or actual further damages or costs in connection with cancelled or postponed events.
- 2. The promoter may preserve the right for minor changes in the roles or program of the event. In case of cancelling or postponement the costs emerged from those changes (such as travel, accommodation, handling and/or delivery costs/fees) will not be reimbursed by TEX Hungary Ltd.
- 3. TEX Hungary Ltd. is unrestrictedly liable in all cases damages caused intentionally, and for damages resulting from injury to life or health and physical injury.
- 4. The customer's right to rescind him/herself from the contract due to a breach of obligation for which the promoter or TEX Hungary Ltd. is not responsible and in which the goods are not at fault is ruled out.
- 5. If the event cannot be held on the announced date for reasons not attributable to TEX Hungary Ltd. or the promoter, but the promoter sets a new date for the event, the rules governing the cancellation of an event cannot be applied, the tickets will not be refunded, but the tickets will be still valid for the new date of the event. If the promoter decides to postpone an event or to change a venue, the ticket shall, irrespective of the reasons for the postponement or change, apply for the new date or the new event venue.
- 6. The tickets can only be returned within term of 30 days, in case the event has been cancelled. In such case we advise you to follow the announcements of the promoter as well as the website cts.eventim.hu
- 7. The tickets can only be re-exchanged at the premises of the purchase with the showing of the original tickets and giving it back. In case You have bought your ticket via Call-Center or EVENTIM web site and You want to re-exchange it please refer to your claim via this email address: (firstname.lastname@example.org) giving your name, your purchase ID number, the bank account number and the bank code, all of which are necessary to re-exchange, respectively send the original ticket with certified mail to the following address:
TEX Hungary Kft.
1065 Budapest, Bajcsy-Zsilinszky út 31.
VIII. Event rules
- 1. The promoter is obliged to organize the events. Customer acknowledges that TEX Hungary Ltd. does not take any responsibility for the holding of the events attended with the purchased ticket, or for the quality of the event. In connection with the participation in the event, the legal relationship is established between the customer holding the ticket and the promoter. This legal relationship is determined by the regulations established by the promoter on its official website. Therefore, TEX Hungary Ltd. may not be a party to any legal dispute between the promoter and customers, which is initiated due to the insufficient quality of the event or the cancellation of the event. The conditions of participation, the policy of the event or the institution serving as the venue of the event may differ significantly from performance to performance and event to event. The promoter and/or the proprietor of the venue where the event is held is entitled to establish these rules, so the customer can inquire about these rules from the promoter. Acceptance of the promoter’s and/or the event’s general terms and conditions and house rules is mandatory when purchasing tickets or entering.
IX. Managing complaints
- 1. The goal of TEX Hungary Ltd. is to fulfill the order in proper quality to the fullest satisfaction of the customer. If customer still has complaints with the contract or its fulfillment he/she can issue his/her complaints to the phone number, email address mentioned in point II above or via postal services.
- 2. TEX Hungary Ltd. examines immediately the oral complaints and if deems necessary takes the remedy steps. If the customer does not agree with the handling of the complaint or an immediate inquiry is not possible, TEX Hungary Ltd. takes minutes regarding the complaint and its standpoint and gives a copy of said minutes to customer.
- 3. Written complaints will be answered within thirty (30) days upon receipt. If the complaint is rejected the reasoning will be given within the answer. TEX Hungary Ltd. will retain the minutes taken of the complaint and the corresponding answer for five (5) years, and if requested will show such documents to the competent authorities.
- 4. If any customer dispute between the TEX Hungary Ltd. and the customer is not resolved during the negotiations with the TEX Hungary Ltd., the customer qualifying as a customer may apply to the conciliation body competent according to his place of residence or stay, or the TEX Hungary Ltd.'s registered office competent conciliation body. In total, the following remedies are available to a customer who qualifies as a customer:
• Conciliation panel procedure
• Complaints to the consumer protection authority
• Dispute resolution procedure through the EU online dispute resolution platform
• Initiating legal proceedings
- 4.1. Complaints to the consumer protection authority.
After examining the complaint, the authority decides on the conduct of the consumer protection proceedings. The consumer protection authority acts upon request or ex officio, thus examining the market behaviour of the TEX Hungary Ltd. from the point of view of consumer protection. However, your individual case will be resolved by the conciliation body, in which case the consumer protection authority will refer the applicant's case to the conciliation body. Government offices have been designated by law. Contact details of government offices: https://www.kormanyhivatal.hu/en/elerhetosegek
- 4.2. Dispute settlement procedure through the European Union's online dispute settlement platform
In the case of a consumer dispute related to an online sales contract, it is possible for customers to submit an electronic complaint via the online platform available via the link above.
All that is required is for the customer to register on the online platform available at the link above, complete a request in full and then submit it electronically to the conciliation body via the platform. This makes it easy for customers to assert their rights despite distances.
- 4.3. Initiation of the Conciliation Panel procedure
Contact details of the Conciliation Panels: http://www.bekeltetes.hu/index.php?id=testuletek
If TEX Hungary Ltd. rejects the customer's complaint, the customer is also entitled to apply to the conciliation panel competent according to his / her place of residence or stay.
Name of the conciliation panel according to the registered office of TEX Hungary Ltd.: Budapest Conciliation Panel, registered office: 1016 Budapest, Krisztina krt. 99. III. em. 310., mailing address: 1253 Budapest, Pf .: 10. Website: https://bekeltet.bkik.hu/
- 4.1. Complaints to the consumer protection authority.
X. Final provisions
- 1. Hungarian law shall apply exclusively, and the Hungarian courts shall have exclusive jurisdiction in connection with any dispute related to these Standard Terms of Business.
- 2. TEX Hungary Ltd. informs customers that due to the nature of the services provided, no product guarantee and general guarantee rules apply. If applicable, customers may exercise warranty rights as stipulated in Act V of 2013 on the Civil Code.
- 4. Agreements concluded on the basis of present Standard Terms of Business will not be filed and shall not be deemed to be written agreements.
- 5. Agreements concluded on the basis of present Standard Terms of Business may be entered into in Hungarian and English. In case of any conflicts between these versions, the Hungarian version shall prevail.
- 6. In the event of any discrepancy between TEX Hungary Ltd.’s publicly available general terms and conditions, parties confirm that in relation to ticket purchases made on cts.eventim.hu site, these Standard Terms of Business shall apply exclusively.
- 7. In the event of an amendment to these Standard Terms of Business, TEX Hungary Ltd shall notify customers by publishing the changes on cts.eventim.hu website. The amended provisions shall enter into force for customer upon the first use of the website after their entry into force and shall apply only to orders placed after the amendment.