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Terms and conditions

Nowy Teatr Online Live Ticket Sales Regulations
valid as of 10 December 2020
Nowy Teatr Director order no. 33/20

Consolidated text of the Terms and Services

Including changes introduced

by Nowy Teatr Deputy Director Ordinance no. 20/2023 of July 10, 2023

 

§ 1 Glossary

  1. Teatr – Nowy Teatr based at ul. Madalińskiego 10/16, 02-513 Warszawa, registered with the Warsaw Municipal Authorities as Cultural Institution no. RIA 113/85.
  2. PayU – PayU company based at ul. Grunwaldzka 182, 60-166 Poznań, registered with the Poznan Companies Register – Nowe Miasto i Wilda w Poznaniu, VIII Wydział Gospodarczy KRS 0000274399, NIP: 7792308495.
  3. Box office – point of ticket sales on the Teatr premises.
  4. Customer – those purchasing via the Website (both a consumer within the meaning of the Civil Code and a person who is not a consumer).
  5. Event – public performances of plays and other live events, concerts and happenings taking place on the Teatr premises, organised, co-organised by Teatr beyond its premises ticketed via the Teatr Website.
  6. Ticket – paper or digital document authorising the holder to attend Events, as sold by Teatr via its Website.
  7. Booking – declaration by the Customer intending directly to enter into a binding agreement for Ticket sales remotely, stating at a minimum the type and number of Tickets and the Event which the Booking relates to, actioned via the Website.
  8. Website – Teatr's online portal nowyteatr.org, facilitating the sales and distribution of Tickets by Teatr and Bookings by Customers.
  9. Regulations – the following Regulations.
  10. Ticket Booking and Sales Regulations – Ticket Booking and Sales Regulations relating to Nowy Teatr in Warsaw, actioned by Nowy Teatr Director order no. 12/2016 with further amendments – published here https://nowyteatr.org/pl/bilety.

§ 2 General provisions

  1. These Regulations define the rules governing the sales of Tickets via the Website.
  2. The purchase of Tickets via the Website equates to the Customer accepting the Regulations.
  3. The Teatr may put up for sale through the Website individual Tickets: full and reduced price, industry, and – in the case of performances intended for children – individual child and adult Tickets (should such Tickets be provided by the Teatr). The Teatr is entitled to sell Tickets for selected Events solely through the Website. Other Event Tickets, described in the Terms of Service for Ticket Booking and Sales, provided they are available, can be purchased at the Box Office.
  4. The purchase of Tickets for Events is possible subject to the availability of Tickets issued by Teatr for sale through its Website. The unavailability of Tickets via the Website does not mean that there are no tickets at the Box Office.
  5. Tickets can also be booked through the Website.
  6. Customers may purchase no more than 10 (ten) Tickets via the Website at a time. If the Customer wishes to purchase more tickets than indicated in the preceding sentence, the Customer should contact the Teatr via e-mail or by phone with the Customer Service Office or the Ticket Office.
  7. Ticket prices as shown on the Website include VAT.
  8. Information on individual Tickets does not constitute an offer for sale within the meaning of the provisions of the Civil Code (Dz. U. 2020 item. 1740 j.t. further amended).
  9. Customers making a Booking agree that all notifications required by law, in particular: information referred to in art. 12 of the Act of May 30, 2014 on consumer rights (Dz. U. 2020 poz. 287 j.t. further amended), confirmation of placing the Order and a template of the declaration of withdrawal from the contract delivered in electronic form to the e-mail address provided when making the Booking.
  10. Pursuant to the Ordinance of the Minister of Finance of December 28, 2018 on exemptions from the obligation to keep records using cash registers (Journal of Laws of 2018, item 2519), the sale of Tickets via the Website is not subject to fiscalisation, therefore the Customer does not receive fiscal receipt.
  11. A VAT invoice for the purchase of a Ticket, if you wish to receive it in the booking process, will be sent to the Customer via e-mail to the address provided at the time of placing the Order, to which the Customer agrees.
  12. All information about Teatr's repertoire, price list, working hours and contact details of the Customer Service and Box Office are published on  nowyteatr.org

  

§ 3 Online Ticket sales Regulations

  1. Tickets are sold and distributed online by Teatr and Bookings placed by the Customer through the Website.
  2. The sale of Tickets via the Website ends no later than 1 (one) hour before the start of the Event. The Teatr may terminate the sale of Event Tickets via the Website at any time without giving reasons.
  3. In order to purchase Tickets Online Customers should use one of the following: Internet Explorer 9.0 or later, Mozilla Firefox, Opera, Google Chrome or Safari.
  4. Before placing the order, the Customer confirms that they have read the Terms of Service and accept their contents by checking “I accept the Terms of Service,” as well as the data processing provision by checking “I hereby confirm I have read the data processing provision relating to use of my personal data for the purpose of purchasing tickets via bilety.nowyteatr.org, found here*.” Checking the above options is prerequisite or placing the order.
  5. In order to make an Online Booking, Customers choose a ticket for a given Event and then follow the instructions on the Website.
  6. Customers purchase Tickets using the payments system via www.platnosci.pl and the PayU payments facility. A detailed description of this process can be found at  https://poland.payu.com/dokumenty-prawne-do-pobrania/. Teatr accepts no responsibility for any irregularities in the functioning of the PayU system.
  7. Tickets remain the property of Teatr until the sales agreement is binding.
  8. The sales contract between the Customer and Teatr will be binding when the Ticket Sales Regulations are followed, as listed below:
  • registering the Customer on the Website or else completing a Booking form without registration, by providing the data necessary for the Ticket purchasing process;
  • Customer making a Booking;
  • Customer making a payment for Tickets;
  • PayU system confirming a payment has been made by the relevant bank, used by the Customer to purchase Tickets or making a payment using a payment card;
  • receiving confirmation of the transaction being finalised, containing the purchased Tickets, sent to the email address provided by the Customer during point 1) as above, the sale agreement is concluded at the moment of the last of the events specified in this section, i.e. receipt of the confirmation of the finalization of the transaction along with the purchased Tickets.
  1. If the bank through which the Customer paid for a Ticket, despite accepting the payment order from the Customer, does not send the payment confirmation within 30 minutes of its registration in the system referred to in paragraph 6 above, the Tickets reserved by the Customer in the Order submission process will be released and the funds charged from the Customer's bank account will remain in PayU to be used for the next purchase or will be returned to the Customer to the bank account from which the payment was made. In order to determine the course of action in the situation referred to in the preceding sentence, the Customer should immediately contact PayU directly via e-mail at pomoc@platnosci.pl or by telephone on the number +48 61 630 60 05.
  2. Teatr is not responsible for the consequences of providing false or incorrect data by the Customer during registration on the Website or when filling out the Order form. In particular, Teatr is not responsible for the Customer providing an incorrect e-mail address to which the purchased Tickets should be sent. If the Customer provides an incorrect e-mail address, the sales contract is considered concluded when Teatr sends the confirmation of the transaction completion together with the purchased Tickets..
  3. Before entering an Event, the Customer is obliged to physically present a printed Ticket or one displayed on a mobile device that allows scanning of the QR code or barcode on the Ticket. In the absence of a mobile device, the Buyer is obliged at their own expense and with own effort to print the Ticket sent by the Teatr after finalizing the Booking.
  4. Teatr bears no responsibility for Tickets lost by the Customer or damaged in ways which make it impossible for the QR code or barcode upon them to be scanned.
  5. Tickets bought via the Website cannot be copied, modified or scanned.
  6. Teatr accepts no liability for:
  • Internet service interruptions;
  • messages or other data lost online, individual computer settings or the way they are configured;
  • interruptions to service caused by Internet service providers.

§ 4 Complaints, returns and exchange of Tickets

  1. Subject to paragraph 3 and subsequent paras, to the Customer concluding a contract for the sale of Tickets via the Website, in accordance with Art. 38 points 12 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, consolidated text), there is no right to withdraw from the contract without giving the reason referred to in art. 27 above the law.
  2. Teatr reserves the right to make changes to its repertoire and to cancel Events.
  3. Should Events be cancelled or altered in terms of repertoire by Teatr, Customers can request a refund for the purchased Tickets, in line with the Regulations published on the Teatr Website, no later than 6 years after the date of the purchasing of the Tickets.
  4. In order to return Tickets bought via the Website, should an Event be cancelled or altered by Teatr, Customers should contact the Customer Service Desk and send confirmation of purchase to bow@nowyteatr.org along with Tickets sent to the Customer online.
  5. All Booking complaints and returns, with the exception of those relating to the PayU system, should be emailed to: bow@nowyteatr.org entering COMPLAINTS / RETURNS in the email subject field. The email should include your name, exact address, precise description and cause of the problem. If necessary, previously purchased tickets should also be added. Ticket returns should be actioned within 2 working days of receipt of confirmation of payment for Tickets. If the confirmation has not been sent, this period begins from the day the payment is made by the Customer. Further complaints / returns can be sent no later than 7 days from the time the Customer becomes aware of the problem or the event which is the reason for writing. Complaints / returns made after this time will not be reviewed or responded to. Teatr will reply to complaints within 14 days of receipt. Customers have the right to pursue claims not included in the complaint procedure before a competent common court, on general terms.
  6. Tickets purchased through the Website may be returned or exchanged, regardless of the reason, no later than 3 days before the Event. To return or exchange Tickets, the Customer shall contact the Customer Service Office and send an email to bow@nowyteatr.org, with the purchase confirmation and the Tickets issued electronically by the Teatr attached to the message. This provision does not apply to Ticket returns specified in paragraph 4 above.

§ 5  Customer personal data

  1. Teatr is the administrator responsible for the handling of personal data via the Website – email address for contacting the inspector of data protection: iodo@nowyteatr.org.
  2. The personal data of the Customer are handled in line with the European Parliament and Council Order 2016/679 dated 27 April 2016 covering the protection of persons in relation to personal data processing and breaches of directive 95/46/WE (general order about the handling of personal data, further known as: RODO), by order dated 10 May 2018 covering personal data protection (Journal Of Laws 2019, item 1781 c.t. amended) and order dated 18 July 2002 covering online data processing (Journal Of Laws 2020, item 344 j.t. Further amended).
  3. The legal basis for processing is Art. 6 sec. 1 lit. b RODO. The purpose of processing is to conclude a Ticket sales contract and complete the Booking, through contact with the Customer necessary to perform the contract (in particular activities related to the proper functioning of the sale of Tickets via the Website). Additionally, the Customer may consent to the storage and processing of their personal data by Teatr in order to provide information about promotions offered by Teatr, and then the basis for data processing is Art. 6 sec. 1 letter a RODO.
  4. Teatr releases the Customer's personal data to PayU in processing the Ticket sales contract.
  5. Personal data will not be shared with third parties as understood by RODO.
  6. Personal data will be held until the date of expiry of claims related to the contract for the sale of Tickets.
  7. Customers give their personal data voluntarily – yet due to the fact that the storing and handling of personal data as provided by the Customer is necessary to conclude and action the bill of Ticket sales and necessary contact with the Customer, refusal to provide personal data as shown on the Website will make Bookings and Online Ticket sales impossible to action.
  8. Customers have the right to access their own personal data as held by the Teatr, the right to correct personal data, the right to demand data be removed and the right to limit the sharing of personal data.
  9. Customers can file complaints to the relevant authority, for example the Director of the Office for the Protection of Personal Data.

 

§ 6 Conclusions

  1. The Regulations go live on 10 December 2020.
  2. The Regulations are available on the Website and the Box Office.
  3. Teatr can change the Regulations at any time by publishing the altered Regulations on its Website. The change is active once the new Regulations are made public, unless the new Regulations state otherwise.
  4. Changes to the Regulations will be effective regarding contracts for the sales of Tickets concluded once the change has taken place.
  5. To the extent not regulated in these Regulations, the provisions of the Regulations of Booking and Sale of Tickets shall apply.
  6. These Regulations may not exclude or limit any consumer rights guaranteed by generally applicable law.