Rules of the sale of tickets and festival passes and distribution of admission passes to events and festivals organised and co-organised by Krakow Festival Office

Article 1 SUBJECT OF THE RULES

The purpose of these Rules is to establish general rules of the sale of Tickets and Festival Passes and distribution of Admission Passes to Events and Festivals organised and co-organised by Krakow Festival Office.

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 Buyer, 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 Buyer, 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 Buyer, 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. Being a form of a Ticket, it 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 a specific Event or Festival, available on the Event or Festival website and at InfoKraków Points.
6)  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;
7) Festival – a series of ticketed Events held under a common name.
8) Festival Pass – a set of Tickets, either in paper or electronic form, each of which is for a different Event during the Festival concerned;
9) 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.
10) 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.
11) 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, NIP: 676-17-87-436, REGON: 351210040, e-mail address: poczta@kbf.krakow.pl, tel. 12 00 25 00, Fax 12 354 12 01.
12) Buyer – every person who has acquired a Ticket, a Festival Pass or an Admission Pass to an Event or Festival for himself/herself or for another person via nay of the sales channels specified in the Rules. A Buyer may also be referred to as "a User".
13) Organiser – Krakow Festival Office.
14) 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, as amended, hereinafter: "the Consumer Rights Act") – Chapter 4 "The right of withdrawal" of the Consumer Rights Act.
15) InfoKraków Points – points operating as part of the InfoKraków Tourist Information Network in Kraków: InfoKraków Pawilon Wyspiańskiego at pl. Wszystkich Świętych 2 (tel. 12 354 27 23), InfoKraków at ul. św. Jana 2 (tel. 12 354 27 25), InfoKraków at ul. Powiśle 11 (tel. 12 354 27 10, 12 354 27 12), InfoKraków Sukiennice – Rynek Główny 1/3 (tel. 12 354 27 16), InfoKraków at ul. Szpitalna 25 (tel. 12 354 27 20), InfoKraków at ul. Józefa 7 (tel. 12 354 27 28), InfoKraków at Os. Zgody 7 (tel. 12 354 27 14), InfoKraków ICE Kraków at ul. Konopnickiej 17 (tel. 12 354 27 38).
16)  Rules – these rules of the sale of Tickets.
17) Event Rules – the rules of a specific Event, available on the Event website.
18) KBF: BILETY Rules – the rules of the platform for the sale of Tickets, Festival Passes and distribution of Admission Passes.
19)  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.
20) Event – an event organised or co-organised by the Organiser;
21) 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.
22) 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.
23) 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. These Rules apply to Tickets, Festival Passes or Group Orders purchased via www.eventim.pl only to the extent that the Eventim rules refer to the Organiser's Rules or that the Eventim rules do not regulate matters set forth in these Rules.

 Article 3 GENERAL PROVISIONS

1. These Rules contain provisions regarding sales of Tickets/Festival Passes and distribution of Admission Passes to Events and Festivals organised and co-organised by Krakow Festival Office, rules on returning Tickets/Festival Passes and Admission Passes, and information on the method of lodging and considering complaints.
2.  Krakow Festival Office uses the following Ticket/Festival Pass sales channels:
a/      InfoKraków Points,
b/      KBF: BILETY platform available at www.kbfbilety.krakow.pl (which is regulated by the provisions set forth in the KBF: BILETY Rules), and
c/      "Eventim" Portal, available at www.eventim.pl.
3.  Krakow Festival Office uses the following Admission Pass distribution channels:
a/      InfoKraków Points,
b/      KBF: BILETY platform available at www.kbfbilety.krakow.pl (which is regulated by the provisions set forth in the KBF: BILETY Rules), and
c/      "Eventim" Portal, available at www.eventim.pl.
4. The Organiser reserves the right to expand, limit or change the channels of the sale of Tickets/Festival Passes and distribution of Admission Passes depending on the Event or Festival.
5. Before acquiring any Tickets/Festival Passes or Admission Passes, the Buyer must read these Rules as well as other rules which regulate the purchase of Tickets/Festival Passes, downloads of Admission Passes and participation in Events.
6. Information published on the Event's website, the Event Rules and Guidelines on the use of a Venue shall apply to all participant of a given Event. The KBF: BILETY Rules and the Eventim Rules shall apply respectively to persons who purchase Tickets/Festival Passes or Admission Passes via those platforms. If the Buyer of Tickets/Festival Passes or Admission Passes has acquired Tickets/Festival Passes or Admission Passes also for other persons, he/she is obligated to inform those persons about applicable rules, the requirement to read and comply with the, and to provide those persons with information published on the Event's website.
7. The Administrator of the KBF: BILETY platform reserves that it is not possible to graphically reflects the design of the venue in which an Event is to be held, and so the plans of halls shown on the sales platforms should be treated as simplified auditorium plans Shall the Organiser make any changes in the auditorium plan of a given venue, in particular regarding the layout of individual sectors, the administrator of the KBF: BILETY platform shall promptly inform the Buyers of the Tickets/Festival Passes or Admission Passes concerned about the related details provided to it by the Organiser. A corresponding reservation is set forth also in the rules of the www.eventim.pl portal.

 Article 4 TICKETS AND FESTIVAL PASSES

1.  The Organiser offers Tickets, Concessionary Tickets, Festival Passes and Admission Passes which entitle the holders to enter respective Events.
2. Tickets and Festival Passes can be purchased via the sales channels listed in Article 3(2) above.
3. The Organiser reserves the right to expand, limit or change the channels of the sale of Tickets/Festival Passes listed in Article 3(2) above depending on the Event or Festival.
4. The Organiser both Traditional Tickets and Electronic Tickets available in a PDF format.
5. A Ticket allows the number of persons specified therein a one-off entry to the Event concerned.
6. The QR and/or bar code shown on a Ticket can be scanned one time, so the Buyer cannot exit and re-enter the venue where the ticketed Event or Festival concerned is held.
7. The Buyer is obligated to verify the data shown on the Ticket/Festival Pass with the data provided in the order. In the event of any differences, the Buyer should lodge a complaint in accordance with Article 9.
8. The Buyer of a Ticket or a Festival Pass purchased via KBF: BILETY or InfoKraków Points who damages o loses his/her Ticket/Festival Pass or whose Ticket/Festival Pass is stolen from him/her may request the Organiser to issue a duplicate of the Ticket/Festival Pass. In such a case, the original Ticket/Festival Pass shall be cancelled. To obtain a duplicate of the Ticket/Festival Pass, the Buyer should contact the Organiser by e-mail at kontakt@kbfbilety.krakow.pl. After the request is considered, an electronic duplicate of the Ticket/Festival Pass will be sent to the e-mail address provided by the Buyer. The process of obtaining a duplicate of a Ticket or a Festival Pass purchased via the Eventim portal is regulated under the rules available at www.eventim.pl.
9. 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.
10.  Damage of the QR and/or bar code by the Buyer may prevent scanning the code and taking part in the related Event or Festival. The Organiser shall bear no responsibility for any damage caused as a result of this.
11. For safety reasons (regulations on occupational health and safety and fire protection) it is required that all persons participating in Events and Festivals, 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), subject to Paragraph 16 below.
12.  A Ticket obligates the Buyer 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 to one in the same or higher price category, both before and during the Event or Festival concerned, if this is required by safety considerations, law enforcement or other reasonable circumstances, which should be communicated to the Buyer by the Organiser's security staff.
13.  The Organiser shall have the right to refuse entry to an Event to a person who has purchased a Ticket or a Festival Pass from an unauthorised source. Information on official and authorised points of sale is available on the websites of respective Events or Festivals.
14. Children below the age of 13 may take part in Events only in the presence of a guardian and then under a separate Ticket or Festival Pass.
15. The guardian of a child below the age of 13 must participate in the Event concerned under a separate Ticket or Festival Pass.
16.  Children below the age of 3 are eligible for a free entry to an Event. Such a child must have a Ticket at the price of PLN 0 which can be obtained at a booking office only on the date of the Event concerned, one hour before the start of the Event at the earliest. To participate in an Event, a child below the age of 3 must take the same seat as his/her guardian who has a Ticket to that Event. The Organiser reserves the right to restrict participation of children below the age of 3 in specific Events.
17. Depending on the venue, persons with disabilities who move in wheelchairs can purchase a Ticket to a special zone adapted to accommodate wheelchair users. To purchase this type of a Ticket, the Buyer should contact the Customer Service Department at kontakt@kbfbilety.krakow.pl.
18. Prices for Tickets and Festival Passes offered by the Organiser include VAT. 
 19. The Buyer 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: kontakt@kbfbilety.krakow.pl;
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 buyer's NIP at a later date.

 Article 5 ADMISSION PASSES

 1. The Organiser offers Admission Passes which entitle the holders to enter free-of-charge Events where attendance is limited.
2. Admission Passes can be bought via the distribution channels listed in Article 3(3) above - in a traditional or electronic form, depending on the channel.
3. The Organiser reserves the right to expand, limit or change the channels of distribution of Admission Passes referred to in Article 5(2) above depending on the Event or Festival.
4. An Admission Pass allows a single person a one-off entry to the Event or Festival concerned.
5. The buyer shall have the right to acquire more than one Admission Pass. However, the Organiser reserves that it can limit the number of Admission Passes available for a single Buyer to acquire.
6. The Organiser reserves the right to distribute an additional set of Admission Passes immediately before the Event or Festival concerned, at the Event's or Festival's venue, even if distribution of Admission Passes through the channels referred to in Paragraph 2 has been closed and no Admission Passes are available in those channels any more.

 Article 6 DISCOUNTS

1. The Organiser honours Discounts for the purchase of Tickets and Festival Passes to Events and Festivals organised or co-organised by Krakow Festival Office.
2. Discounts are in each case regulated under the Price List for the Event/Festival concerned.
3.  The Organiser reserves the right to limit the group of people eligible Concessionary Tickets or Concessionary Festival Passes. The said limitation may be included in the Price List for the Event/Festival concerned, as details regarding Discounts available are in each case regulated under respective Event/Festival Price Lists.
4. Schoolchildren and students under the age of 26 who hold relevant documents shall be eligible for a 30% Discount on the regular price for a Ticket or Festival Pass.
5. Pensioners who hold relevant documents which confirm their pensioner status shall be eligible for a 30% Discount on the regular price for a Ticket or Festival Pass.
6. Disabled persons who hold relevant documents which confirm their disability shall be eligible for a 30% Discount on the regular price for a Ticket or Festival Pass.
7. Guardians of disabled persons shall be eligible for a 30% Discount on the regular price for a Ticket or Festival Pass.
8. Holders of the Large Family Card (Karta Dużej Rodziny, KDR) shall be eligible for a 70% Discount on the regular price for a Ticket.
9. Holders of the Krakow Large Family Card (Krakowska Karta Dużej Rodziny, KDR3+) shall be eligible for a 70% Discount on the regular price for a Ticket.
10. Holders of the Krakow Card For A Family With A Disabled Child (Krakowska Karta Rodziny z Niepełnosprawnym Dzieckiem, KRN) shall be eligible for a 70% Discount on the regular price for a Ticket.
11. Holders of the Krakow Card (Karta Krakowska, KK) shall be eligible for a 20% Discount on the regular price for a Ticket.
12. Schoolchildren and students below the age of 26, as well as pensioners and disabled persons who hold the Krakow Card shall be eligible for a 44% Discount on the regular price for a Ticket.
13. Holding a Card listed in Paragraphs 8 - 12 of this Article 6 shall entitle the Buyer to purchase a single Ticket for a specific Event.
14. The Discounts listed in paragraphs 8 - 12 of this Article 6 can be used only when purchasing a Ticket at InfoKraków Points on producing a relevant Card.
15. The Organiser reserves the right to establish, for every Event or Festival separately, the number of Tickets subject to the Discounts listed in Paragraphs 6, 7, 8, 9, 10, 11, 12 of this Article 6.
16. In return for making a Group Order, i.e. purchasing more than 10 Tickets for a single Event in a single transaction, the Buyer shall be eligible for a 10% Discount on the regular price for each Ticket included in the Group Order.
17.  The Organiser reserves the right to specify Events or Festivals for which Tickets can be purchased under Group Orders.
18. The Organiser reserves the right to limit the maximum number of Tickets which can be purchased under Group Orders during a specific Ticket sales action.
19. The Organiser reserves the right to request, on the day of the Event or Festival concerned, a holder of a Concessionary Ticket or Concessionary Festival Pass whose price includes a Discount listed in this Article 6 to produce a document or Card which entitles him/her to those Discounts. In the absence of such a document or Card, the Organiser shall have the right to refuse the Ticket holder to enter the Event or Festival.
20.  If a Buyer purchases a Concessionary Ticket or a Concessionary Festival Pass at a Discount for which he/she is not eligible due to the lack of a document or Card required for the said Discount, the Buyer cannot make a balancing cash payment or replace/return the Ticket/Festival Pass, except as provided in Article 8 in connection with Article 7(1) of these Rules.
21. Discounts listed in Paragraphs 2 - 12 may not be combined.
22. The Organiser reserves that it may organise special price promotions as part of sales of Tickets or Festival Passes to selected Events or Festivals, and such promotions shall be announced inter alia on the websites of the Events/Festivals concerned, in social media or in newsletter.

 Article 7 REFUNDS

1. Subject to Article 8(3) of these Rules, and subject to the provisions of the KBF: BILETY Rules and the provisions of the www.eventim.pl platform rules, upon completing his/her payment, a Buyer shall not have the right to return the Ticket, Festival Pass or Group Order, regardless of how much it has been used.
2. In particular, the right of return shall not be available to persons who have been refused entry to an Event/Festival or has been removed from an Event due to non-compliance with generally applicable provisions of law, these Rules or the Event Rules, or when the person concerned poses a risk to his/her life or health or the life or health of third parties.
3. In duly justified cases, the Organiser reserves the right to consider Ticket refund applications submitted for reasons other than referred to in Article 8 on a case-by-case basis.

Article 8 CANCELLATION, CHANGE OF TIME, VENUE OR PROGRAMME OF AN EVENT

 1.  If an Event/Festival is cancelled, or if the date or venue of an Event/Festival is changed, or if the programme of an Event/Festival is changed significantly, the Buyer shall have the right to request a refund for his/her Tickets, Festival Passes or Tickets covered by a Group Order in accordance with the provisions of this Article.
2. The Organiser shall announce cancellation of an Event/Festival, or a change of the date, venue or programme of an Event/Festival on its website and by e-mail to the Buyer, provided that it has the Buyer's e-mail address.
3.  In the case of a situation described in Paragraph 1 above, in order to receive a refund for the Tickets, Festival Passes or Tickets covered by a Group Order and purchased from InfoKraków Points, the Buyer must deliver the original unused Ticket, Festival Passes or Tickets covered by a Group Order together with a proof of purchase, i.e. a receipt or a photocopy of a VAT invoice. If no such proof of purchase is available, the Buyer must fill in and submit to the Organiser a relevant statement, a specimen of which is shown in Appendix 1 to these Rules, or to send a statement which should include information required for obtaining a refund, as set forth in Appendix 1.
4. A refund shall be made on the basis of a statement shown in Appendix 1 to these Rules or the proof of purchase referred to in Paragraph 3 above, or another type of statement which shall include the data set forth in Appendix 1. 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 Buyer can specify the number of the bank account into which the refund of the money paid for the Ticket is to be made. If the card with which the payment for Tickets, Festival Passes or Tickets covered by a Group Order has been closed, the refund shall be made within 14 days from the receipt of correctly filled in and complete documents constituting the basis for the refund, into the bank account indicated by the Buyer in a refund statement.
5. If an Event/Festival for which a Buyer purchased Tickets, Festival Passes or Tickets covered by a Group Order via the KBF: BILETY platform is cancelled, the related refund shall be made automatically within 30 days from the date of publication of KBF's announcement regarding the cancellation. 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 Buyer can specify the number of the bank account into which the refund of the money paid for the Ticket is to be made.
6. Refunds for Tickets, Festival Passes and Tickets covered by Group Orders purchased via the KBF: BILETY platform shall be subject to the provisions of the KBF: BILETY Rules.
7. In the case of cancellation of an Event/Festival, or changes in the date or venue of an Event/Festival, or a significant change in the programme of an Event/Festival for which a Buyer purchased Tickets, Festival Passes or Tickets covered by a Group Order via the Eventim portal, the related refund shall be subject to the rules available at www.eventim.pl.
8. If the Buyer is eligible for a refund for his/her Ticket, Festival Pass or Ticket covered by a Group Order, he /she shall promptly request the Organiser to make that refund upon becoming aware of his/her eligibility for the refund.
9. Refund requests are accepted by the Organiser within periods announced by the Organiser in each case after cancelling or making significant changes in the programme of an Event, provided that:
a) as regards cancellation of an Event/Festival – the Buyer shall submit a relevant request to the Organiser within the period and in accordance with the provisions set forth in Paragraphs 2 and 8;
b) as regards an Event/Festival 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/Festival at a new date/venue/with significant changes at the latest.
10. Failure to return the ticket within a deadline set in accordance with Paragraph 9 shall result in the Ticket Price paid being retained by the Organiser, however the Buyer shall have the right to demand that amount to be refunded until expiry of the time limit for claims arising under the applicable sales agreement.
11. Upon submission of a reasonable refund request by a Buyer, the Organiser shall return the Buyer the amount equivalent to the price for the Ticket (including a Ticket being part of a Festival Pass) to the cancelled Event/Festival or the Event/Festival whose date, venue or programme have been changed.
12. The Organiser reserves the right to make changes in Events/Festivals other than those referred to in Paragraph 1 which may make it impossible to request any refunds for Tickets, Festival Passes or Tickets covered by Group Orders, including due to imposition of public and legal limitations or sanitary restrictions by the competent authorities.
13.  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, in particular via the KBF: BILETY platform in accordance with the rules thereof, 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.

 Article 9 COMPLAINTS

1. A Buyer may submit any and all complaints either to the e-mail address kontakt@kbfbilety.krakow.pl, 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 complaint can be lodged by filling in the complaint form shown in Appendix 2 to these Rules.
2. Complaints shall be considered within 14 days from the date of receipt.

 Article 10 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 is the Controller of the Personal Data made available by Buyers (Krakow Festival Office shall hereinafter be referred to also as "the Controller").
2. The Controller can be contacted by e-mail at poczta@kbf.krakow.pl, 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 rodo@kbf.krakow.pl or traditional mail at the address: Inspektor Ochrony Danych Osobowych, Krakowskie Biuro Festiwalowe z siedzibą przy ul. Wygranej 2, 30-311 Kraków.
4. The personal data which a User must provide in the course of making a purchase or acquiring Admission Passes under these Rules shall be processed by the Organiser for the purpose of concluding and implementing agreements under these Rules (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 agreements concluded under these Rules, the User's 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 of the Organiser, 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 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 User computer IP, online identifiers, web browser and operating system information, and activities on the Organiser's website, including the KBF: BILETY platform, and preferences, shall be processed by the Controller for the purposes of the correct display and optimisation of the Organiser's website, including the KBF: BILETY platform. 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 when 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 a given 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 Organiser's website/KBF: BILETY platform or web browser settings.
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 KBF: BILETY 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 User 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 Organiser's website/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 11 OTHER PROVISIONS

1. The Organiser shall not be liable for any effects of Force Majeure. As used in these Rules, the term Force Majeure shall mean any unforeseen and exceptional situations or occurrences which are beyond the Organiser's control and prevent it from performing any of its obligations, which is not caused by the Organiser's error or negligence, and which cannot be overcome despite exercising all due care, including in particular natural disasters such as floods or hurricanes, or extraordinary and external occurrences which cannot be prevented (a war, martial law restrictions, an uprising, a revolution, riots, national mourning, an epidemic, a pandemic or quarantine due to inter alia SARS-Cov-2 and the spread of an infectious disease among people caused by that virus etc.), or regulations, instructions, decisions or other acts issued by public authorities in response to the aforementioned occurrences, e.g. cancellation of cultural events, including concerts.
2. The Organiser shall bear no responsibility for any purchases of or refunds for Tickets, Festival Passes or Group Orders effected via www.eventim.pl.
3. The Organiser shall have the right to record Events with audio and video recording equipment. A Buyer of a Ticket, Festival Pass or Admission Pass who participates in an Event/Festival acknowledges that his/her participation in the Event/Festival is equivalent to granting consent for free-of-charge photographing and filming of his person and for recording, transmitting and disseminating his/her voice or image for documentary, reporting, advertising and promotion purposes, in connection with any programme or publication in which such a recording of the Event/Festival will be used, in all field of exploitation known as of the date of the Event/Festival, without any time or territorial limitations.
4.  It is forbidden to resell Tickets or Festival Passes for a profit, or to resell them on auctions or contests, or to resell them for remuneration outside authorised points of sale.
5. The Organiser warns that purchasing a Ticket or a Festival Pass from a third party entails a risk of acquiring a forged ticket, leading to the holder being refused participation in the Event.
6. The Organiser shall honour only genuine Tickets, Festival Passes and Admission Passes obtained in accordance with these Rules. Tickets, Festival Passes or Admission Passes obtained in violation of these Rules may be invalidated by the Organiser without the right to receive any refunds.
7. Any questions regarding the sale of Tickets, Festival Passes or Admission Passes to Events/Festivals should be sent to kontakt@kbfbilety.krakow.pl.
8. Terms and conditions of participation in Events/Festivals are set forth in separate rules made available on the websites of respective Events or Festivals. A buyer of a Ticket, Festival Pass of Admission Pass is obligated to strictly comply with all applicable rules, security provisions and guidelines issued by the Organiser.
9. Matters not regulated in these Rules shall be subject to the provisions of the Act of 23 April 1964 on the Civil Code and other provisions of generally applicable law.
10.  All matters related to a specific order shall be subject to the Rules in force as of the order date.
11. These Rules are available on the Organiser's website at www.kbf.krakow.pl, and on the websites of individual Events or Festivals, at InfoKraków Points and at the Organiser's registered office.
12. These Rules shall enter into force on 1 June 2021.