KBF: BILETY PLATFORM RULES
Article 1 SUBJECT OF THE RULES
These Rules contain provisions which regulate setting up an account and using the KBF: BILETY platform, available at www.kbfbilety.krakow.pl, which sells Tickets and Festival Passes, and distributes Admission Passes to Events organised and co-organised by Krakow Festival Office. These Rules contain also provisions regarding the sale of Tickets and Festival Passes, as well as regulations on the distribution of Admission Passes (the aforementioned terms, such as "Account", "KBF: BILETY", "Ticket", "Festival Pass", "Admission Pass", "Event" and "Krakow Festival Office" – are defined in Article 2 below).
Article 2 DEFINITIONS
1. Unless provided otherwise in these Rules, the following terms used herein have the meanings assigned to them below:
1) Ticket – an instrument which confirms an agreement between the Organiser and a User, and entitles the latter to take part in an Event.
2) Electronic Ticket – a Ticket which is meant to be printed out or produced in an electronic format, e.g. on a mobile phone; an electronically generated confirmation of an agreement between the Organiser and a User, entitling the latter to take part in an Event. An Electronic Ticket is generated electronically as a PDF file, which makes it possible to process and store it on portable electronic devices (e.g. mobile phones, tablets) with the Android or iOS operating systems. An Electronic Ticket bears a unique QR and/or bar code which can be read by a scanning device. Being a form of a Ticket, it is subject to regulations applicable to Tickets.
3) Traditional Ticket - a paper-based Ticket; a printed confirmation of an agreement between the Organiser and a User, entitling the latter to take part in an Event. A Traditional Ticket bears a unique QR and/or bar code which can be read by a scanning device, and is subject to regulations applicable to Tickets.
4) Concessionary Ticket/Concessionary Festival Pass – a Ticket/Festival Pass sold at a Discount; the availability of Concessionary Festival Passes is in each case regulated by the applicable Event/Festival Price List.
5) Event/Festival Price List – a price list for Tickets and Festival Passes to specific Events or the Festival, available on the Event or Festival website and at InfoKraków Points.
6) Proof of Purchase – a Ticket or other proof to confirm the purchase of a Ticket, e.g. a credit card printout, an e-mail confirmation.
7) Invoice – a paper-based or electronic document which contains data required under the Act of 11 March 2004 on the tax on goods and (codification: Journal of Laws of 2021, items 685, 694, 802, as amended) and rules issued thereunder.
8) Festival – a series of ticketed Events held under a common name.
9) Festival Pass – a set of Tickets, either in paper or electronic form, each of which is for a different Event during the Festival concerned.
10) KBF: BILETY - a platform for sales of Tickets and Festival Passes, and distribution of Admission Passes to Events organised and co-organised by Krakow Festival Office, available on www.kbfbilety.krakow.pl, based on the Visual Ticket System, administered and run by Krakow Festival Office.
11) Consumer – a natural person who effects a legal transaction with Krakow Festival Office which is not related directly to his or her business or professional activities.
12) Account – a service provided by electronic means (with provision of services by electronic means to be understood in accordance with the definition set forth in Article 2(4) of the Act of 18 July 2002 on the provision of services by electronic means, codification: Journal of Laws of 2020, item 344, as amended, hereinafter "the Act on the provision of services by electronic means"; referred to in Point 23 of this Paragraph 1) by the Organiser to a User, allowing collection and storage of the User's data regarding orders made through KBF: BILETY, and enabling the User to make personalised orders through KBF: BILETY, which can be created on the KBF: BILETY platform in accordance with the provisions set forth below in these Rules.
13) Krakow Festival Office – a city institution of culture with its registered office in Krakow (ul. Wygrana 2, 30-311 Kraków), entered in the register of cultural institutions kept by the City of Krakow under no. 19, Tax Identification Number: 676-17-87-436, REGON: 351210040, e-mail address: firstname.lastname@example.org, tel. 12 354 25 00, Fax 12 354 25 01.
14) Amount Due – the amount which a User should finally pay on making an effective order for a Ticket. It includes the price of the Tickets selected.
15) Venue – a location in which an Event is held.
16) Payment Operator – a company under the name: PayPro spółka akcyjna with its registered office in Poznań (registered address: ul. Kanclerska 15, 60-327 Poznań), number in the business register of the National Court Register: 0000347935, Tax Identification Number: 7792369887, REGON: 301345068, share capital (paid up in full) of PLN 5,476,300 (say: five million four hundred seventy six thousand and three hundred złoty and zero groszy), entered in the register of domestic payment institutions kept by the Polish Financial Supervision Authority under number: IP24/2014 (date of entry: 10 June 2014), offering a payment service under the name of www.przelewy24.pl.
17) Organiser – Krakow Festival Office.
18) Business Operator with the Consumer Status - a natural person who concludes an agreement under these Rules that is directly related with his or her business activity, where the content of the agreement shows that it is not of a professional nature, in particular one that would arise from the subject of his or her business as reported in accordance with the provisions on the Central Electronic Register and Information on Economic Activity. Accordingly, a Business Operator with the Consumer Status shall, under Article 385 upper index 5 of the Civil Code, be subject to the provisions applicable to consumers as set forth in Article 385 upper index 1 of the Civil Code to Article 385 upper index 3 of the Civil Code, and in Article 38a of the Act of 30 May 2014 on consumer rights (codification: Journal of Laws of 2020, item 287, hereinafter: "the Consumer Rights Act") – Chapter 4 "The right of withdrawal" of the Consumer Rights Act.
19) Rules – these rules.
20) Rules of Sales of Tickets and Festival Passes and Distribution of Admission Passes – the rules regulating the sales of Tickets and Festival Passes and distribution of Admission Passes to the Organiser's Events, published on relevant Event websites, KBF: BILETY platform and the Organiser's website. The Rules of Sales of Tickets and Festival Passes and Distribution of Admission Passes apply to all Events of the Organiser.
21) Event Rules – the rules of a specific Event, available on the Event website.
22) Ticketing System – the computer ticket distribution system Visual Ticket, provided by a business operator under the name of Paweł Simka Visualnet.pl (NIP: 6482489680), on which KBF: BILETY relies. The minimum technical requirements to use the System are: Internet access, a web browser (recommended browsers: Internet Explorer, Mozilla Firefox, Google Chrome, Opera), a PDF reader. The aforementioned technical requirements should also be met where a User purchases Electronic Tickets as well as electronic Festival Passes and Admission Passes, i.e. to the extent that the services are provided by electronic means.
23) Provision of services by electronic means - delivery of a service without the parties being physically present (remotely) by means of transmission of data at the recipient's individual request, sent and received via devices for electronic processing, including electronic compression, and storage of data, which is sent, received or transmitted entirely through a telecommunication network as defined in the Act of 16 July 2004 on the Telecommunication Law.
24) Participant – a person who takes part in an Event.
25) Admission Pass Acquisition Agreement – an agreement under which the Organiser undertakes to issue a free-of-charge Ticket to a User in accordance with these Rules, entitling the latter take part in a free-of-charge Event.
26) Sales Agreement – an agreement under which the Organiser undertakes to transfer the ownership of a Ticket or Festival Pass onto a User (in accordance with these Rules), depending on the order made, and to issue the Ticket or Festival Pass to the User, and the User undertakes to take the Ticket or Festival Pass concerned and pay the applicable price (in accordance with Article 535 of the Civil Code). At the same time, where the User acquires an Electronic Ticket or a Festival Pass or Admission Pass in an electronic form, the conclusion of the Sales Agreement is accompanied by the conclusion (between the Organiser and the User) of an agreement on the delivery of digital content, as defined in Article 2(5) of the Consumer Rights Act, whereby digital content means data generated and delivered in a digital form.
27) Consumer Rights Act – the Act of 30 May 2014 on consumer rights (codification: Journal of Laws of 2020, item 287, as amended).
28) User – a natural person (including Consumers and Business Operators with the Consumer Status), a legal person, an organisational unit without legal personality assigned such a personality under applicable legislation - that uses the KBF: BILETY platform and purchases a Ticket, a Festival Pass or an Admission Pass through the Ticketing System.
29) Admission Pass – a free-of-charge Ticket, either in a traditional or electronic form, entitling the holder to take part in a free-of-charge Event.
30) Event – an event organised or co-organised by the Organiser.
31) Group Order – a purchase of more than 10 Tickets to the same Event, made by a single person. A Group Order does not apply to Festival Passes or Admission Passes.
32) Guidelines on the use of a Venue – guidelines established by the Owner or Administrator of a Venue, available on the Venue website or in the Venue and/or on the KBF: BILETY website and/or the Organiser's website.
33) Discount – a reduction on the regular price of a Ticket; Discounts may not be combined.
2. Any reference made in these Rules to any definition set forth in Paragraph 1 above in singular shall apply accordingly to plural and vice versa.
3. Unless expressly provided otherwise in these Rules, any reference to a Ticket shall apply accordingly to the sale of a Festival Pass, a Group Order and the acquisition of an Admission Pass.
Article 3 General provisions
1. These Rules contain provisions on:
a) creating and using a KBF: BILETY User account;
b) purchase and distribution of Tickets and Festival Passes through the KBF: BILETY platform, with the use of the Ticketing System, on the www.kbfbilety.krakow.pl website;
c) acquisition of Admission Passes;
d) provision of services by electronic means, as these Rules constitute also the rules of provision of such services, in accordance Article 2(4) of the Act on the provision of services by electronic means and Article 8(1)(1) of the Act, which requires the service provider, i.e. the Organiser, to lay out the rules of the provision of services by electronic means.
2. By using the KBF: BILETY the User accepts these Rules. The User has no right to publish or upload illegal content, in particular one that may infringe upon third party personal rights, or undertake any actions that could interfere with or damage the system.
3. The KBF: BILETY platform is used by the Organiser to sell and distribute Tickets and Admission Passes to Events organised and co-organised by Krakow Festival Office. Information about Events for which a User can acquire a Ticket and/or Admission Pass through KBF: BILETY can be found on www.kbfbilety.krakow.pl and www.kbf.krakow.pl.
4. Purchases of Tickets and Festival Passes, and downloads of Admission Passes are regulated in the Rules of the Sale of Tickets and Festival Passes and Distribution of Admission Passes, available on www.kbfbilety.krakow.pl
5. At the Organiser's discretion, Tickets to a specific Event are distributed:
a. in a traditional or electronic version;
b. as named or bearer Tickets.
The Organiser may also allow distribution of Admission Passes for a specific Event. Detailed information in this regard can be found on the Event's website or when making the order.
6. Before purchasing a Ticket on www.kbfbilety.krakow.pl, the User must read these Rules, the Rules of the Sale of Tickets and Festival Passes and Distribution of Admission Passes, and all other additional information published by the Organiser on www.kbfbilety.krakow.pl.
7. The Owner or administrator of the Venue where an Event is to be held may establish the Guidelines on the use of the Venue. In such cases, the Guidelines shall apply to Participants within the Venue's premises. The Guidelines on the use of the Venue shall be made available on the Organiser's of Venue's website, on inside the Venue.
8. The Organiser reserves that it is not possible to graphically reflect the design of the Venue in which an Event is to be held, and so the plans of halls shown on the sales platform should be treated as simplified auditorium plans. If the Organiser makes any changes in the auditorium plan of a specific Venue, in particular as regards locations of individual sectors, the administrator of the KBF: BILETY platform (i.e. the Organiser) shall promptly notify the changes to the Users who purchased Tickets to the Event to be held in the Venue concerned.
9. The Organiser represents that it is under obligation to provide Consumers with Tickets, Festival Passes and Admission Passes without any defects.
Article 4 Methods of making orders, including set up of an account
1. Every order (whether regarding the purchase of a Ticket or the acquisition of an Admission Pass) can be made either:
a. through a full KBF: BILETY account (hereinafter "Account"); or
b. without the needs to set up the Account.
2. A User shall have the right to set up an Account in accordance with the provisions of this Article 4. A full Account on the KBF: BILETY platform enables the User to access order history. Setting up and having the Account is free of charge.
3. To set up an Account on KBF: BILETY, a User shall specify his/her e-mail address and password, and complete the data necessary to fully use the Account, including make orders, i.e.:
a. e-mail address;
b. first name and surname;
c. address: street, house/flat number, postal code, city and country (optional); contact telephone number (optional).
Next, the User shall read and accept the Rules by ticking (pushing) the correct option available. By setting up an Account, the User concludes an agreement with the Organiser regarding operation and administration of the Account. The agreement is concluded upon confirmation of the correct registration of the Account by the Organiser sending the User a message to the e-mail address provided by the latter.
2. The User can log in to KBF: BILETY using his/her Facebook or Google account. Upon logging in with the said accounts, User details such as his/her first name, surname and e-mail address will be sent to the Organiser via the KBF: BILETY platform.
3. Depending on the type of an Event, in accordance with the Organiser's recommendation arising from mandatory provisions of law or safety rules applicable to persons taking part in Events, the Organiser may require the User to provide also other data necessary to purchase a specific Ticket/Festival Pass.
4. On logging in, the User can use the functionalities available in KBF: BILETY, including, but not limited to, change the data provided in the "My Profile" section (also for the purpose of rectification), with each order based on the data provided by the User when making the order.
5. The responsibility for entering wrong address data to KBF: BILETY by the User shall rest entirely on the User. Shall the User notice an error in the data provided after his/her order has been confirmed, he/she shall contact the Customer Service Department.
Article 5 STAGES OF THE PROCESS OF PURCHASING A TICKET OR FESTIVAL PASS ON WWW.KBFBILETY.KRAKOW.PL
1.The process of purchasing a Ticket or Festival Pass distributed by the Organiser via the KBF: BILETY platform with the use of the Ticketing System includes the following stages:
a.selecting the Event;
b. selecting the category, quantity and type of Tickets;
c. selecting the method of Ticket delivery;
d. selecting additional order elements available;
e. providing/clarifying contact and address data necessary to complete the order, in particular to deliver the Ticket;
f. verifying the order, including the Amount Due and data provided, accepting the Ticket purchase conditions and granting consent for the processing of personal data for the purpose of completing the order, and accepting the provisions of these Rules and other rules related to the process of purchasing Tickets/Festival Passes;
g. confirming the order, by the User, with the obligation to pay – by ticking the "Proceed to payment" option, which is equivalent to making an order for the purchase of the Ticket concerned; at the same time, upon the acceptance of the Ticket purchase conditions, the Organiser sends the User, to the e-mail address provided by the latter, a confirmation of the order and Ticket/Festival Pass sale agreement;
h. making the payment;
i. confirmation of the conditions and execution of the order by the Organiser - by the latter sending a message confirming the order to the e-mail address provided by the User;
j. sending the Ticket to the User/ receipt of the Ticket in the manner specified by the User in the order.
2. The Sale Agreement (and in reference to Tickets and Festival Passes purchased electronically, also - in addition to the Sale Agreement - the agreement on delivery of digital content, which is subject to corresponding regulations applicable to the Sale Agreement) is concluded after the User has confirmed his/her order with the obligation to pay.
3. Failure to timely pay for an order in accordance with Paragraphs 8 and 9 below shall be deemed as the User's withdrawal from the Sale Agreement, and such an order shall be cancelled automatically.
4. If an order is cancelled in accordance Paragraph 3 above, it cannot be reinstated, and a new order must be made. In such a case, the Organiser cannot guarantee that the originally selected Tickets and/or Festival Passes will still be available. If the funds paid are credited after the date specified in accordance with Paragraphs 8 and 9 below, the User shall be eligible only for a refund of the funds paid.
5. The User can obtain an invoice to document the purchase of a Ticket or Festival Pass, provided that:
a) a Consumer, i.e. a person who is not a person taxable with the tax on goods and services or the value added tax (as defined by the Act of 11 March 2004 on the tax on goods and services, codification: Journal of Laws of 2021, items 685, 694, hereinafter "the VAT Act"), is eligible to request the Invoice at the stage of making the order or within 3 months from the end of the month in which the Consumer received the Ticket or Festival Pass. The related request shall be made to the Organiser's e-mail address: email@example.com;
b) a person taxable with the tax on goods and services or the value added tax (as defined by the VAT Act, including Business Operators with the Consumer Status) must provide their data necessary to issue the Invoice as well as their tax identification numbers for the purpose of the tax on goods and services or the value added tax, which should take place at the moment of making the order, for in accordance with Article 106b(5) of the VAT Act, it will be impossible to provide the data and obtain a VAT invoice bearing the User's tax identification number (NIP) at a later date.
6. In the case of making a purchase without setting up an Account, the User must provide, in the order summary, his/her personal data required to deliver the order, depending on the form of delivery – i.e. for an Electronic Ticket: his/her first name, surname and e-mail address, and for a Traditional Ticket: his/her first name, surname, e-mail address and the address to which the Ticket is to be sent, and in the case of a Traditional Ticket collected at the Venue immediately prior to the event – his/her first name, surname and e-mail address.
7. The system allows making payments via Przelewy24.pl (in accordance with the rules of that service), which is the Payment Operator for the KBF: BILETY platform.
8. The Amount Due arising from the order shall be paid in full promptly after the order has been made, within the period specified on www.kbfbilety.krakow.pl, depending on the payment method selected. The payment shall be deemed as made upon crediting the funds on the account on Krakow Festival Office or upon confirmation of the transaction by the Payment Operator.
9. If the funds are not credited on the account of Krakow Festival Office or the transaction is not confirmed by the Payment Operator within the period specified above, the order shall be cancelled.
10. Tickets for persons on wheelchairs are made available upon contacting the Customer Service Department at firstname.lastname@example.org.
Article 6 STAGES OF THE PROCESS OF DOWNLOADING AN ADMISSION PASS FROM WWW.KBFBILETY.KRAKOW.PL
The process of downloading an Admission Ticket distributed by the Organiser via the KBF: BILETY platform with the use of the Ticketing System includes the following stages:
a. selecting the Event;
b. selecting the Admission Pass;
c. optional: logging in/registering in the System unless the User already logged in;
d. providing/clarifying contact data necessary to complete the order;
e. verifying the order and accepting the conditions for downloading the Admission Pass, and granting a consent for the processing of personal data to complete the order, and accepting these Rules and other rules related to the process of downloading Admission Passes;
f. confirmation of the order by the User;
g. confirmation of the conditions and execution of the order by the Organiser - by the latter sending a message confirming the order to the e-mail address provided by the User, containing data regarding the order concerned, which constitutes a confirmation of an agreement on the acquisition of the Admission Pass;
h. sending the Admission Pass to the User / collecting the Admission Pass in the manner specified by the User in the order.
Article 7 OTHER PROVISIONS REGARDING THE PURCHASE OF A TICKET/FESTIVAL PASS,
AND THE ACQUISITION OF AN ADMISSION PASS
1. When booking a ticket, the User also selects the category of the Ticket. The User can purchase Tickets or acquire Admission passes in the quantity specified on the website of the Event concerned. For certain Events, the quantity of Tickets or Admission Passes which can be purchased/acquired may be subject to limitations, as communicated to the User during the process of making the order on www.kbfbilety.krakow.pl. Shall the User wish to purchase more Tickets, he/she should contact the Customer Service Department by sending an e-mail to email@example.com. The User is obliged to check the data on the Ticket against the data provided in his/her order. In the event of any differences, the User should lodge a complaint in accordance with Article 10.
2. Orders can be placed only with respect to Events which are active on the KBF: BILETY platform.
3. A Ticket or an Admission Pass allows the number of persons specified therein a one-off entry to the Event concerned.
4. A Ticket or Admission Pass obligates the User to take the seat indicated therein, provided that information about the seat number is shown on the Ticket or Admission Pass. The Organiser reserves the right to change the seat indicated in a specific Ticket or Admission Pass to one in the same or higher price category, both before and during the Event, if this is required by safety considerations, law enforcement or other reasonable circumstances, which should be communicated to the User by the Organiser's security staff.
5. A Ticket, Festival Pass or Admission Pass, depending on the User's selection, can be delivered:
a. electronically to the e-mail address provided at the order summary stage;
b. in a traditional form, to be collected immediately before the Event; subject to Paragraphs 7 and 12 below.
6. In the case of an order for an Electronic Ticket, the User is sent, to the e-mail address provided at making the order, an Electronic Ticket (in a PDF format) to be either printed out or stored in the User's portable electronic device.
7. The Organiser reserves that certain forms of delivery may be unavailable for specific Events. This limitation can be related to the time remaining until the Event and/or arrangements made by the Organiser. If a specific option is not available for a given Event, then a corresponding message will be displayed – during the order making process - on www.kbfbilety.krakow.pl.
8. Upon making and confirming an effective order, the User will no longer be able to change the selected option of delivery of the Ticket or Admission Pass.
9. Tickets and Admission Passes shall be delivered to the User in a manner which he/she has selected. The time and cost of delivery of a Ticket or an Admission Pass depend on the delivery option selected by the User. If the User selects the Ticket delivery option set forth in paragraph 5(a), the maximum time of delivery shall be 15 minutes from the moment of payment; in the case of Paragraph 5(b), the maximum time of delivery shall be 14 business days from the payment date. If the payment is made but the User does not receive his/her Ticket within the prescribed time (option 5(a) and 5(b)), the User should promptly contact the KBF Customer Service Department.
10. If it is possible to personally collect a Ticket or an Admission Pass to a specific Event immediately before that Event, such an option will be indicated at the description of the Event concerned. To ensure User safety and minimise the risk of Tickets being collected by unauthorised persons, personal collection of a Ticket shall require specification of the following data:
a. order number;
b. first name and surname of the person making the order.
11. A User is obligated to safeguard the access data to his/her Account and the data of his/her order.
12. If a User authorises a third party to collect his/her Ticket or Admission Pass, the party authorised shall know the order number, the first name and surname given in the order and/or the e-mail address used for logging in to www.kbfbilety.krakow.pl. The Organiser shall not be held responsible if a person authorised by the User loses, destroys or fails to transfer the Ticket to the User, or uses the Ticket in a manner which the User finds undesirable.
Article 8 WITHDRAWAL FROM THE AGREEMENT
1. In accordance with Article 38(12) of the Consumer Rights Act, a Consumer and a Business Operator with the Consumer Status shall have no right to withdraw from agreements concluded under these Rules, for in accordance with the said regulation: The right of withdrawal from an off-premises or distance agreement does not extend to inter alia agreements regarding leisure activities or entertainment, sport or cultural events if the agreement provides for a specific date or period of performance. Accordingly, the right of withdrawal shall not be available to any other Users.
2. KBF: BILETY is authorised to cancel an order/Ticket/Festival Pass/Admission Pass in the event that:
a. the User makes payment with a stolen credit card;
b. the User has made the Ticket available for further resale;
c. the Ticket has been purchased from a service, shop or trade platform not authorised by the Organiser;
d. the Ticket has not been paid for within the period defined in accordance with these Rules.
Article 9 CANCELLATION, CHANGE OF TIME, VENUE OR PROGRAMME OF AN EVENT, REFUNDS FOR TICKETS, CHANGE OF DATA
1. A Ticket purchased in a manner specified in these Rules shall not entitle to any refunds or change to another one, except as provided in Paragraph 9 or in the case of cancellation of the Event, a change of date or venue of the Event, or a substantial change of the programme of the Event, including a change of the lead artist. In the situation referred to in the preceding sentence, the User shall have the right to demand a refund of the price paid for the Tickets or Festival Passes concerned - in accordance with the provisions of this Article.
2. If an Event is cancelled or its programme, time or venue is changed, the Organiser shall promptly inform Users of this fact. Users shall be informed about cancellation, change of the programme, time or venue of the Event by means of an electronic message (e-mail) sent to their addresses provided while making their orders, and by means of relevant information published on www.kbfbilety.krakow.pl.
3. If an Event is cancelled, the equivalent of the money paid shall be refunded automatically within 30 days from the publication of KBF's statement on the cancellation of the Event into the bank account from which the payment was made.
4. In the case of a substantial change of the programme of an Event or a change in the time or venue of an Event, a User who has no Account will be allowed to apply for a refund of the money paid for the Ticket. To this end, the User shall send a Ticket refund application including a statement on his/her resignation from participating in the Event, which can be done electronically to the Organiser's e-mail address: firstname.lastname@example.org (the said application can be submitted on the form provided in Appendix 1 to these Rules) or in any other form (e.g. in writing, by sending the aforementioned statement to the Organiser's registered office). After the application is received, the refund shall be made within 14 days from the receipt of complete and correctly filled in documents constituting the basis for the refund. The refund shall be made in the same form as the original payment. If the payment was made by bank transfer or card, the refund will be made, respectively, into the bank account or credit card with which the payment was made. In the refund application referred to in this paragraph the User can specify the number of the bank account into which the refund of the money paid for the Ticket is to be made.
5. In the case of a substantial change of the programme of an Event or a change in the time or venue of an Event, a User who has purchased a Traditional Ticket with the delivery option is obligated to send back the Tickets purchased to the Organiser's address: Krakowskie Biuro Festiwalowe ul. Wygrana 2, 30-311 Kraków, together with a written Ticket refund application including a statement on his/her resignation from participating in the Event (the said application can be submitted on the form provided in Appendix 1 to these Rules). After the application is received and the Ticket/Festival Pass delivered by the User, the refund shall be made within 14 days. The refund shall be made in the same form as the original payment. If the payment was made by bank transfer or card, the refund will be made, respectively, into the bank account or credit card with which the payment was made. In the refund application referred to in this paragraph the User can specify the number of the bank account into which the refund of the money paid for the Ticket is to be made.
6. As regards an Event the date or venue of which have been changed or the programme of which has been changed significantly, refund applications shall be accepted at the start of the Event at a new date/venue at the latest.
7. The Organiser may establish rules or dates for making ticket refunds other than those set forth in this Paragraph - for cancellation or a change of the programme, time or venue of an Event, and such rules will be communicated to Users by means of information on www.kbfbilety.krakow.pl. Users shall be informed about any changes in the Ticket refund procedure in the case of cancellation or a change in the programme, time or venue of an Event also at the moment of making their orders via the System.
8. In duly justified cases, the Organiser reserves the right to consider Ticket refund applications submitted for reasons other than referred to in Paragraph 1 on a case-by-case basis.
Article 10 COMPLAINTS
1. A User may submit any and all complaints either to the e-mail address email@example.com, in person at InfoKraków Points or in the form of registered mail sent to the Organiser's registered office at the address: ul. Wygrana 2, 30-311 Kraków. A User can lodge his/her complaint on the complaint form, a specimen of which is shown in Appendix 2 to these Rules.
2. Complaints shall be considered within 14 days from the date of receipt.
Article 11 RESPONSIBILITY
1. A User shall report any irregularities in the functioning of the System to the Organiser by sending relevant information to firstname.lastname@example.org.
2. A User shall be responsible for the correct functioning of his/her portable electronic devices which enable the correct readout of Electronic Tickets.
3. Making the QR and/or bar code shown on the Ticket to third parties may lead to the Ticket being used by another person. The Organiser shall bear no responsibility for any damage caused as a result of this.
4. Damage of the QR and/or bar code by the User may prevent scanning the code and taking part in the related Event. The Organiser shall bear no responsibility for any damage caused as a result of this.
5. For safety reasons (in particular the regulations on occupational health and safety and fire protection) it is required that all persons participating in Events, regardless of their age, should do so only on the basis of their Tickets or Festival Passes. These persons are obligated to take separate seats (provided that the Event's auditorium provides seating).
6. A Ticket or Admission Pass obligates the User to take the seat indicated therein, provided that information about the seat number is shown on the Ticket. The Organiser reserves the right to change the seat indicated in a specific Ticket or Admission Pass to one in the same or higher price category, both before and during the Event, if this is required by safety considerations, law enforcement or other reasonable circumstances, which should be communicated to the User by the Organiser's security staff.
7. If the Organiser cancels an Event, it shall be obligated to refund the Amount Due for the Ticket as provided for in Article 9 above.
8. The Organiser shall bear no responsibility for sending a Ticket to a wrong address or sending a message about an order or cancellation of or change in a concert to a wrong e-mail address if the User has provided wrong data.
Article 12 PROTECTION OF PERSONAL DATA
1. Krakow Festival Office with its registered office at ul. Wygrana 2, 30-311 Kraków, a municipal cultural institution entered in the register of cultural institutions kept by the City of Krakow under no. 19 ((hereinafter referred to as "the Controller") is the Controller of the Personal Data made available by Users.
2. The Controller can be contacted by e-mail at email@example.com, by traditional mail at the address: Krakowskie Biuro Festiwalowe z siedzibą przy ul. Wygranej 2, 30-311 Kraków, or by telephone at +48 12 354 25 00.
3. The Controller has designated a Data Protection Officer – Łukasz Gajdecki, who can be contacted on all matters related to processing of personal data and exercising the rights related to processing of personal data - by e-mail at firstname.lastname@example.org or traditional mail at the address: Inspektor Ochrony Danych, Krakowskie Biuro Festiwalowe z siedzibą przy ul. Wygranej 2, 30-311 Kraków.
4. The personal data which a User must provide at Registration and/or when making a purchase without registration shall be processed by the Organiser for the purpose of concluding and implementing the Agreement, i.e. for the purpose of Registration, use of the Account's functionalities and acquisition of Tickets and Admission Passes by the User on the Platform (legal grounds: Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter "GDPR"). On completion of an agreement concluded under these Rules, the User's personal data will be processed solely for the purpose of the Controller's legitimate interest, i.e. possible assertion of or defence against claims (Article 6(1)(f) of GDPR).
5. If the User gives his/her consent to take part in a Survey/Surveys/customer satisfaction polls conducted in connection with the Platform, the Controller shall process his/her personal data provided in those surveys for the purpose of analysing and evaluating their results (the legal grounds for such processing shall always be the User's free consent – Article 6(1)(a) of GDPR).
6. If the User so agrees, the Controller shall process his/her personal data for the purpose of presenting him/her marketing content (including commercial offers), i.e. in particular information about the Controller's current offer available via the Platform or special offers made available to Users. The processing shall be based on the User's consent (Article 6(1)(a) of GDPR).
7. Information collected with the use of the cookies technology, i.e. inter alia the computer IP, online identifiers, web browser and operating system information, and activities on our web pages indicated in the Rules and preferences, shall be processed by the Controller for the purposes of the correct display and optimisation of our platform KBF: BILETY. If the User gives his/her consent for the use of cookie files, the Organiser shall use information collected through cookies also for marketing and statistical purposes. To the extent that information recorded through cookie files can be qualified as personal data in the light of applicable law, the processing will be carried out on the grounds of the Controller's legitimate interest (Article 6(1)(f) of GDPR). Consent given for the use of cookie files, and in consequence for the use of information on the User concerned for advertising purposes, will lead to automated matching of advertising content to the User.
8. The User's personal data which he/she provides in connection with concluding agreements under these Rules will be processed by the Controller for as long as may be necessary to achieve the purposes for which it has been collected (i.e. throughout the period of implementation of the Agreement) and for as long as may be possible to assert claims, including secure any possible claims for a period of 6 years.
9. The User's personal data which he/she provides for the purpose of voluntary surveys will be processed until withdrawal of his/her consent, however not longer than until achieving the purpose for which it has been collected.
10. Information collected with the use of the cookie file technology will be stored for a period required by the technical specification of the respective cookie files, or until the User changes his/her settings on the KBF: BILETY platform or the settings of his/her web browser.
11. The User's personal data and/or User information other than his/her personal data may be made available by the Controller to:
11.1. the Payment Operator, only when the User makes a purchase on the Platform and proceeds to making the payment through the payment Operator;
11.2. providers of advertising solutions which use the cookie file technology, such as Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland), the provider of Google AdSense, only when a consent is given for the use of the cookie files for marketing purposes, and then only with respect to information obtained through the cookie technology;
11.3. entities that process personal data on behalf of the Controller under active assignment contracts - i.e. providers of such IT services as hosting, providers of IT systems, and (only with respect to information obtained through the cookie technology) providers of statistical solutions for websites which use the cookie technology, such as Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland), the provider of Google Analytics;
11.4. other entities which will act as controllers of the data deciding on the manner and purposes of processing – only when such data transfer is required under law.
12. At the same time, the Controller advises that the User has:
12.1. the right to access the content of his/her personal data and to obtain information about inter alia categories of data and purposes of processing, and to obtain a copy of the data (Article 15 of GDPR);
12.2. the right to have incorrect data rectified and incomplete data completed (Article 16 of GDPR);
12.3. the right to withdraw his/her consent for processing of the personal data provided in a survey or for marketing purposes, which the User can do with the use of the contact data provided in Paragraph 2 of this Article 12. Consent for the use of cookie files for statistical and marketing purposes can be withdrawn via the settings of the KBF: BILETY platform or the User's web browser. A withdrawal of the consent shall not affect the lawfulness of current processing of the personal data by the Controller;
12.4. the right to be forgotten, i.e. the right to erasure of personal data processed unduly and unlawfully (Article 17 of GDPR);
12.5. the right to restriction of processing, i.e. to suspend operations on the data or not to erase the data, as per the request submitted (Article 18 of GDPR);
12.6. the right to have the Controller notify the data recipients of rectification or erasure of personal data or restriction of processing (Article 19 of GDPR);
12.7. the right to portability of data processed automatically (Article 20 of GDPR), which means that the User shall have the right to have the personal data transmitted directly from the Organiser to another controller, where technically feasible;
12.8. the right to lodge a complaint with the President of the Polish Personal Data Protection Authority if the User considers that the processing of personal data relating to him/her infringes GDPR (the mailing address of the President of the Polish Personal Data Protection Authority: ul. Stawki 2, 00-193 Warszawa).
Article 13 OTHER PROVISIONS
1. Matters not regulated under these Rules shall be subject to applicable provisions of Polish law, including the Civil Code.
2. Closing down an Account and unregistering from the System requires sending a prior message to that effect to the e-mail address: email@example.com. Agreements concluded under these Rules (except for ones on setting up and running an Account, which are subject to the provisions set forth in the first sentence of this paragraph) shall be concluded for the period ending on the date of the Event concerned. Consumer obligations arising under agreements concluded under these Rules shall remain in force until the date of the Event concerned, including the obligation on the side of the Consumer to pay the price required therein.
3. Orders made or completed shall be subject to the provisions of these Rules as applicable on the date of making the order concerned. These Rules shall be available on www.kbfbilety.krakow.pl, including in a pdf format. These Rules are available in Polish. The provisions set forth in these Rules which apply to concluding and terminating agreements hereunder, and to the complaint procedure, shall apply accordingly to the extent that agreements concluded hereunder are agreements on the provision of services by electronic means.
4. All matters related to a given order shall be subject to these Rules, and the Rules of the Sale of Tickets and Festival Passes and Distribution of Admission Passes in force as of the order date.
5. The Organiser may amend these Rules for such important reasons as:
a. changes in the System, including new functionalities or new services, as well as changes in technical requirements;
b. changes in the Ticket distribution process;
c. an addition of or change in services provided or goods offered by the Organiser;
d. an intention to improve the User service quality and facilitate the use of the System;
e. the safety of the System and available functionalities, in particular the Ticket purchase process and prevention of abuse and unlawful use of the System;
f. the necessity to amend or adapt these Rules to the provisions of law and decisions, orders, rulings, interpretations or other resolutions made by public authorities;
g. the necessity to specify or clarify the provisions of these Rules;
h. a change of data or other information related to the Organiser.
2. Amendments to these Rules and their effective dates shall be made available to Users on www.kbfbilety.krakow.pl, with orders for Tickets being subject to the provisions of these Rules accepted as of the date making the order concerned.
3. A User who does not accept amendments to these Rules shall have the right to close down his/her Account and unregister from the System. To this end, the User shall submit his/her intention to do so by sending an e-mail to firstname.lastname@example.org.
4. Disputes with a User shall be considered by a common court with a proper jurisdiction under applicable law.
5. The Organiser declares its willingness to settle disputes with Users off court, including inter alia through the platform run by the Office of Competition and Consumer Protection under the name Polubowne Rozwiązywanie Sporów Konsumenckich (Amicable Consumer Dispute Settlement), www.polubowne.uokik.gov.pl. The Consumer can also use the EU Online Dispute Resolution platform, available on the website Online Dispute Resolution | European Commission (europa.eu).
6. These Rules shall enter into force on 1 June 2021