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RULES GOVERNING THE SALE OF TICKETS FOR EVENTS

 VIA THE WEB SITE OF THE NOWY TEATR IN WARSAW

 § Definitions

  1. Theatre - Nowy Teatr (the New Theatre) with its registered office in Warsaw at ul. Madalińskiego 10/16, 02-513 Warsaw, entered in the Artistic Institutions Register, kept by the Municipal Office of the Capital City of Warsaw, under register number 113/85.
  2. PayU – PayU Spółka Akcyjna with head office in Poznan at ul. Grunwaldzka 182, 60-166 Poznan, entered in the Register of Entrepreneurs, kept by the District Court of Poznan – Nowe Miasto (New Town) and Wilda in Poznan, the 8th Economic Division of the National Court Register under register number 0000274399, NIP: 7792308495.
  3. Cash desk - cash desk (in particular ticket sales point) located in the seat of the Theatre.
  4. Buyer - any entity making purchase via the Web site (both the consumer in the understanding of the Civil Code and a person who is not a consumer).
  5. Event - public performance of theatrical plays and other theatrical forms, concerts and any other artistic and cultural events taking place in the seat of the Theatre, organised or co-organised by the Theatre outside the seat of the Theatre, for which Tickets are sold via the Web site.
  6. Ticket - document in the paper of electronic form authorising its holder to take part in the Event, issued for sale by the Theatre via the Web site.
  7. Order - declaration by the Buyer aimed directly at concluding the contract of distance Ticket sale, specifying at least the type and number of Tickets and the event the Order relates to, placed via the Web site.
  8. Web site – the Theatre's internet service nowyteatr.org, enabling the sale and distribution of Tickets by the Theatre and placing an Order by the Buyer.
  9. Rules - these Rules.
  10. Ticket Reservation and Sale Rules - the Ticket Reservation and Sale Rules of the Nowy Teatr (New Theatre) in Warsaw, introduced by Resolution of the Director of the Nowy Teatr in Warsaw, number 12/2016 (single text with amendments), available at the web site http://www.nowyteatr.org/pl/tickets.

§ 2 General Provisions

  1. These Rules specify the rules governing the sale of tickets via the Web site.
  2. The purchase of a ticket via the Web site means that the Buyer accepts the Rules.
  3. The Theatre, via its Web site, may offer for sale individual Tickets: normal and discount tickets, or - if plays are addressed to children - individual Tickets for adults and children (if such tickets have been foreseen by the Theatre). The remaining tickets for events, as described in the Rules governing the sale of tickets for events online, can be purchased at the cash desk, provided they are available.
  4. The purchase of Tickets for the Events is possible provided that Tickets offered by the Theatre for sale are available via its Web site. Unavailability of Tickets via the web site does not mean lack of tickets at the cash desk.
  5. Tickets cannot be booked via the Web site.
  6. The Buyer can make a purchase of no more than 10 (ten) Tickets at a time. Should someone wish to buy more tickets than the number specified above, the Buyer should contact the Theatre's Audience Service Office by e-mail or telephone or at the cash desk.
  7. Ticket prices posted on the Web site are VAT inclusive.
  8. Information concerning individual Tickets do not constitute a sale offer in the understanding of the Civil Code regulations (Journal of Law 2017, item 459, consolidated text).
  9. The Buyer, while placing his or her order expresses consent to that any and all communications required by the law, in particular: information specified in art. 12 of Act of 30 May 2014 on Consumer's Rights (Journal of Law 2017, item 683, consolidated text), confirmation of placing an order and a specimen of declaration on withdrawal from the contract, be sent to him or her in the electronic form to the e-mail address specified at the time of placing the Order.
  10. In accordance with the regulation of the Minister of Finance dated 16 December 2016 on derogations from the obligation to keep registers with the use of cash registers (Journal of Law 2016, item 2177), the sale of Tickets via the Web site is not subject to fiscal registration, therefore the Buyer shall not receive a cash register bill.
  11. VAT invoice for the Ticket purchase, should such a wish be communicated while placing the Order, shall be sent to the Buyer by e-mail to the e-mail address specified at the time of placing the Order and the Buyer agrees to that.
  12. Any and all information concerning the Theatre's repertoire, ticket prices, working hours as well as contact details to the Audience Service Office are available at nowyteatr.org.

§ 3 Rules governing the sale of Tickets via the Web site

  1. The on-line sale and distribution of Tickets by the Theatre as well as placing orders by the Buyers takes place via the Web site.
  2. The sale of tickets via the Web site finishes not later than 3 (three) hours before the event. The Theatre may close the sale of Tickets for the event via its Web site at any moment and without specifying its reasons.
  3. In order to purchase Tickets via the Web site, the Buyer should have one of the following browsers: Internet Explorer 9.0 or more recent, Mozilla Firefox, Opera, Google Chrome or Safari.
  4. Prior to placing his/her order, the Buyer confirms that he/she has been acquainted with the Rules and agrees to them by ticking the option 'accept the Rules.' Ticking the option 'accept the Rules' is necessary for placing an Order.
  5. In order to place an Order via the Web site, the Buyer chooses a Ticket to the event and follows instructions on the Web site.
  6. The Buyer shall pay for the Tickets by means of the platnosci.pl portal, run by the PayU payment system, by means of an online bank transfer or a credit card payment. Detailed description of payment methods and complaints concerning the payments have been specified in the PayU Regulations, available at [_]. The Theatre declines any responsibility for any irregularities in the operation of the PayU payment system.
  7. The tickets remain the property of the Theatre until the conclusion of the sale contract.
  8. The sale contract between the Buyer and the Theatre shall be concluded upon the completion of all the below specified Ticket purchase procedures:
    • the Buyer's registration on the Web site or filling the Order form without registration, specifying the data necessary for the Ticket purchase process;
    • placing the Order by the Buyer;
    • payment of the Tickets price made by the Buyer;
    • registration by the PayU system of the confirmation of transfer completion by the bank, with which the Buyer paid for the Ticket, or confirmation of his/her credit card payment;
    • receipt of confirmation of transaction completion, with the purchased Tickets, sent to the e-mail address specified by the Buyer in the course of the process detailed in item 1) above.

The sale contract is concluded with the last of these events, as specified in this paragraph, i.e. the receipt of confirmation of transaction completion, together with the Tickets purchased.

  1. If the bank, with which the Buyer paid for the Ticket, despite accepting payment order from the Buyer, does not send confirmation of the payment within 30 minutes of registering it in the system specified in item 5 above, the Tickets booked by the Buyer in the process of placing his/her order shall be released and the funds collected from the bank account of the Buyer remain with PayU for his/her next transaction or the funds shall be reimbursed to the Buyer's bank account used for making the payment. In order to determine the path to be followed in the situation described in the previous sentence, the Buyer should contact immediately PayU directly by means of e-mail at pomoc@platnosci.pl or by calling the number +48 61 630 60 05.
  2. The Theatre shall not be held liable for the consequences of the Buyer's providing incorrect or false data at the registration on the Web site or while filling in the Order form. In particular, the Theatre shall not be liable for the Buyer's providing the wrong e-mail address to which the purchased Tickets are to be sent. Should the Buyer specify the wrong e-mail address, the sale contract shall be deemed concluded the very moment the Theatre sends confirmation of transaction completion together with the Tickets purchased.
  3. Prior to the arrival to the Event, the Buyer shall show the ticket controller his/her Ticket either printed or displayed on a mobile device enabling the scanning of the QR code or the bar code on the Ticket. If he/she has no mobile device, the Buyer shall at his/her own expense print the Ticket sent to him/her after the Order completion.
  4. The Theatre shall not be responsible for Tickets lost by the Buyer or destroyed in such a way that it is impossible to verify their QR code or the bar code.
  5. Tickets purchased via the Web site shall not be copied, modified or scanned.
  6. The Theatre shall not be responsible for:
    • irregularities in the functioning of the Internet;
    • messages or other data lost in any way in the Internet, individual computer settings or computers’ configuration manner;
    • breaks in providing services by suppliers who provide access to the Internet.

 § Complaints, returning or exchanging Tickets

  1. Except for paragraph 3 and the following ones, the Buyer concluding the Ticket sale contract via the Web site, in accordance with art 38, item 12 of Act dated 30 May 2014 (Journal of Law 2017, item 683, consolidated text) does not have the right to withdraw from the contract without specifying the reason, as defined in art 30 of the said Act of Law.
  2. The Theatre withholds the right to make changes to the Theatre's repertoire and to cancel events.
  3. Should an event be cancelled or changes be introduced by the Theatre to its repertoire, the Buyer shall have the right to reimbursement of the Ticket purchased, pursuant to the rules specified in the information communicated by the Theatre on its Web site, however, not later than within 10 years of the purchase of the Tickets.
  4. For the return of Tickets purchased by the Web site, if the Event is cancelled or the Theatre introduces changes to its repertoire, the Buyer should contact the Audience Service Office and send to the e-mail address: bow@nowyteatr.org the confirmation of the ticket purchase and the Tickets received by e-mail, sent by the Theatre to the Buyer.
  5. Any and all complaints concerning the Order, except for complaints concerning the operation of the PayU payment system, shall be sent to the following addressbow@nowyteatr.org, e-mails should be entitled „REKLAMACJA” (complaint). The complaint should specify the name, surname and exact address of the complaining person, precise description of the reason for the complaint, and if the transaction was made earlier, also the Ticket or Tickets received from the Theatre.
  6. Complaints concerning the Order should be placed within 2 (two) working days of the date of obtaining by the Buyer the confirmation of the transaction completion; should the confirmation not be sent, the above specified deadline shall be counted as of the day of the payment by the Buyer. The remaining complaints shall be sent not later than 7 (seven) days of the day when the viewer became aware of the situation of event constituting the cause of the complaint. The complaint sent after that deadline shall not be considered. Complaints shall be considered within 14 days of their receipt. The Buyer has the right to sue for claims dismissed in the complaints procedure in the appropriate common court, pursuant to general rules.

 § Buyer's personal data

  1. The Administrator of the Buyers’ personal data, collected by means of the Web site is the Theatre
  2. The Buyer's personal data shall be stored and processed in accordance with the Act of Law dated 29 August 1997 on Personal Data Protection (Journal of Law 2016, item 922 as amended) and the Act dated 18 July 2002 on electronic services (Journal of Law 2016, item 1030 as amended).
  3. By registering on the Web site or filling the Order form without registration, the Buyer expresses his/her consent to the storage and processing of his/her personal data by the Theatre for the purpose of concluding the Ticket sale contract and to execute the Order, for the necessary contact with the Buyer, any necessary actions related to the correct operation of the Ticket sale by means of the Web site. Additionally, the Buyer can express his/her consent for the storage and processing or his/her personal data by the Theatre with a view to sending him/her information on the promotions offered by the Theatre.
  4. In connection with the Order execution, the Theatre makes the collected data of the Buyer available to PayU, to which the Buyer agrees.
  5. Submitting personal data by the Customer is voluntary, however, due to that the storage and processing of personal data transferred by the Buyer is necessary for the conclusion and completion of the Ticket sale contract as well as for the necessary contacts with him/her, failure to submit data requested on the Web site results in lack of possibility of placing an Order and conclusion of the Ticket sale contract via the Web site.

The Buyer shall have the right to have access to his/her personal data kept by the Theatre, including the right to correct and update the it.

 § Final provisions

  1. The Rules shall be valid as of 31 August 2017.
  2. The Rules are available at the Web site and at the cash desk.
  3. The Theatre may change the Rules at any moment by making the modified Rules public at the Theatre's Web site. The change shall be deemed made at the moment of its publication, unless the new Rules specify otherwise.
  4. Change of Rules shall be binding for the Ticket sale contracts concluded after the introduction of the change.
  5. Issues not regulated by these Regulations shall be governed by the provisions of the Rules for the Ticket Reservations and Sale. These rules shall not exclude or limit any consumer rights guaranteed by the commonly binding law.