Date of publication: 01.08.2019
Effective date: 01.08.2019
The present document regulates the services related to the booking and execution of Electronic tickets rendered by JSC “MC “Dynamo” at the purchase of Electronic tickets for concerts, sports and other events by means of the System of Electronic tickets booking and purchase on the website http://vtb-arena.com by Users.
By booking and purchasing Electronic tickets by means of the website http://vtb-arena.com, the User agrees with the requirements and provisions stated in the present document "Offer for Booking and Execution of Electronic Tickets for Concerts and Other Events".
1. Terms and Definitions
1.1. For the purposes of this Offer, the terms mentioned below shall be defined as follows:
Offer – the present document "Offer for Booking and Execution of Electronic Tickets for Concerts and Other Events" published on the website http://www.vtb-arena.com .
Event – a theatrical performance, circus performance, concert, exhibition, festival, show, fashion show, sports competition, excursion, film screening, film festival, as well as any other event, the attendance of which is possible upon presentation of an Electronic ticket.
Site – the website http://www.vtb-arena.xx/), computer programs (including the programs for mobile devices) of MC Dynamo or its affiliated parties, by means of which JSC “MC “Dynamo” grants an opportunity to use the System of Electronic tickets booking and purchase. For the purposes of the present document, "xx" used in domain names specified in the present document means any domain zone of the first or second level, where JSC “MC “Dynamo” administers the domain with the specified name.
Ticket – a document printed on the strict reporting form owned by the Organizer, complying with the requirements of the Order of the Ministry of Culture of the RF dated 17.12.2008 N 257 “On the approval of strict reporting forms”, confirming the bearer's right to attend the Event.
Electronic ticket – an electronic form of the Ticket (digital information carrier) offered instead of the Ticket, confirming the bearer's right to attend the Event upon presentation of the Electronic ticket (without exchange for a Ticket), depending on the rules established by the relevant Organizer.
Organizer – an organizer of the Event or a third party authorized by it, that authorizes JSC “MC “Dynamo” to undertake obligations related to the sale of Electronic tickets. Information about the Organizer (name, location, etc.) is indicated on the Electronic ticket.
User – a legally capable individual, a visitor/user of the Site purchasing an Electronic ticket and Services of JSC “MC “Dynamo” with the use of the System for personal, family, home and other needs not related to the implementation of entrepreneurial activity who has accepted the Offer.
Seller – a person with whom the User executes an agreement for the purchase of an Electronic ticket by purchasing the Electronic ticket using the System.
Services of JSC “MC “Dynamo” (Services, Service) – services related to the booking and execution of Electronic tickets provided by JSC “MC “Dynamo” for the User at the purchase of Electronic tickets for Organizers' Events by the latter. Services of JSC “MC “Dynamo” include:
- providing the User with the opportunity to choose, purchase and pay for an Electronic ticket on the Site on the terms defined in the document “Terms of Sale and Return of Tickets” published on the Site and at the ticket offices of JSC “MC “Dynamo” (hereinafter – the Terms);
- informing the User about the purchase of an Electronic ticket by sending a message to the e-mail address and (or) phone number indicated by the User at the purchase of Electronic tickets;
- executing and sending of an Electronic ticket to the e-mail address and (or) phone number indicated by the User at the purchase of Electronic tickets.
Service charge (Commission) – cost of the Service of JSC “MC “Dynamo” imposed on the User according to the terms of the present Offer.
Offer Acceptance (Acceptance) – complete and unconditional acceptance by the User of the Offer terms in accordance with cl.3.4. of the Offer.
Agreement – Service agreement on a paid basis between the User and JSC “MC “Dynamo” executed by means of the Offer Acceptance.
System of Electronic tickets booking and purchase (System) – an information system – software package intended for the booking and purchase of Electronic tickets and Services of JSC “MC “Dynamo” by the Site Users.
MC Dynamo – Joint-Stock Company “Management Company “Dynamo” (JSC “MC “Dynamo”) (Location: 122, 4, 4th Lesnoy pereulok, Moscow, 125047, PSRN 1027714022929). Support service number +7 (495) 122 22 48, working hours – from 12 to 21.
1.2. The Offer may include the terms not defined in cl.1.1 of the Offer. In this case, such a term shall be defined in accordance with the text of the Offer. In case of absence of unambiguous interpretation of the term in the text of the Offer, it is necessary to be guided by the interpretation of the term defined by the legislation of the RF, then – by that developed (generally used) on the Internet.
2. Subject of the Agreement
2.1. The subject of the Agreement is the provision of services by MC Dynamo for the User according to the terms of the Offer.
3. Terms and Conditions of Services
3.1. The User opts in the System for the Event, date and time of the Event, sector, row and seat/seats in the sector. By clicking on the button “Place an order” (or analogous button provided by the System functional), the User confirms the correctness and completeness of information on the Electronic tickets and Service purchased by him/her and the fact of his/her acquaintance and agreement with the Offer. On this page, the User fills in his/her personal information (including e-mail address and/or mobile phone number).
3.2. Upon completion of actions specified in cl. 3.1, the User is transferred to the payment page in order to pay for Electronic tickets and Service in the System. On the specified page, the User opts for payment by bank card, fills in payment data and confirms the purchase of Electronic tickets and Service by clicking on the button “Pay for the order” (or analogously functioning button).
3.3. After clicking on the button “Pay for the order”, the User gets time for payment. The payment session comprises 60 minutes, upon expiration of which there will appear the message “Session timeout. Please select the seats again.”
3.4. Upon clicking on the button “Pay” by the User, the Agreement between the User and MC Dynamo on the terms of the Offers shall be deemed to have been executed (taking into account the terms specified in cl. 3.3. and 3.5. of the Offer).
3.5. In the absence of payment during the period specified in cl. 3.3. for any reason, the Agreement shall not be deemed to have been executed.
3.6. The implementation of actions specified in cl. 3.1 – 3.4 of the Offer by the User means the User's complete and unconditional agreement with the Offer.
3.7. Upon implementation of actions specified in cl. 3.2 and 3.4. of the Offer by the User, the User acknowledges that he/she has been informed about the Service and MC Dynamo (implementer) in full in accordance with the requirements of consumer protection laws.
3.8. The User receives the payment confirmation – a letter with an Electronic ticket copy sent to the e-mail address indicated by the User at the purchase of Electronic tickets and Service in the System.
3.9. In case of the Event cancellation/replacement/postponement, MC Dynamo shall notify the User of the fact of the Event cancellation/replacement/postponement.
3.10. On the Site, the User can purchase the Services related to maximum 5 (five) Electronic tickets at once. The number of Electronic tickets available for purchase by one User may be additionally limited at the discretion of the Organizer.
3.11. The User is not entitled to transfer his/her rights under the Agreement to any third party.
3.12. The User is solely responsible for the security and confidentiality of payment data specified by him/her when purchasing Electronic tickets. MC Dynamo is not responsible for unauthorized use of the User's payment data by third parties.
3.13. The User acknowledges that he/she is aware of the fact that he/she may be denied an Electronic ticket/Ticket and unconditionally agrees with it in the following cases:
- non-confirmation of payment authorization by the issuing bank or electronic payment system;
- initiation by the User of the procedure for the return of the Electronic ticket, if such initiation is permitted by the Terms and rules established by the Organizer;
- if at the Ticket pick-up point the User incorrectly indicates or presents incorrect details of the Electronic ticket, necessary for the attendance at the Event upon presentation of the Electronic ticket in cases when it is permitted by the rules established by the Organizer;
- repeated attempt to get a Ticket by already named or presented details of the Electronic ticket;
- provided by the legislation of the Russian Federation and the rules established by the Organizer or its authorized representative.
3.14. The User shall indicate the reliable personal data when purchasing Electronic tickets and Service in the System.
4. The Cost of Services, Conditions of the Services Acceptance
4.1. The cost of the Service is determined automatically. Information on the cost of the Service is available to the User immediately before the payment in accordance with cl. 3.1. – 3.4. of the Offer.
4.2. The cost of the Services provided includes VAT at the rate in accordance with the effective legislation of the RF.
4.3. The User's obligation to pay for the Services shall be deemed to have been fulfilled upon transfer of money to the bank account of MC Dynamo.
4.4. The Services shall be deemed to have been properly provided by MC Dynamo and accepted by the User in full if MC Dynamo does not receive any substantiated written objections from the User during the period of 5 (five) calendar days upon fulfillment of the obligation to pay for the Services by the User. Upon expiration of the period specified above, the User's claims regarding the drawbacks of the Service, including those related to the number (scope), cost and quality, are not accepted.
4.5.For the purposes of the Agreement, the payment for the Services is carried out by non-cash payment, particularly by bank transfer or by any other method permitted by law and accepted by MC Dynamo.
4.7. In case of return by the User of the Electronic ticket for any reason, the User shall not be given a refund of cost of Services provided by MC Dynamo.
5. Liability and Limitation of Liability
5.1. Within the framework of the Services provision, MC Dynamo shall be under no circumstances responsible for:
5.1.1. any actions/inaction resulting directly or indirectly from the acts/inaction of any third parties;
5.1.2. losses of the User and/or third parties regardless of whether MC Dynamo could foresee the possibility of such losses or not;
5.1.3. temporary failures and interruptions in the System operation and information losses resulting from them, as well as information security, the correctness and timeliness of its transmission and delivery;
5.1.4. reliability, quality and speed of the System operation and security of information created, used and received by the User;
5.1.5. actions of the third parties participating in settlement at the payment for Electronic tickets and actions of the Organizers providing the services directly for Users;
5.1.6. correctness of data filled in by the User and correctness of transactions between the settlement participants (banks, mobile network operators, paying agents, etc.).
5.2. During the term of the Agreement, MC Dynamo will make every effort to eliminate any failures and errors in the System, in case of their occurrence, as soon as possible. At the same time, MC Dynamo does not guarantee the absence of errors and failures when rendering the Services. Except for the guarantees expressly set forth herein, MC Dynamo provides no other express or implied guarantees according to the Offer and expressly disclaims any guarantees or conditions related to non-infringement, compliance of Services with the User's specific objectives and expectations.
6. Force Majeure
6.1. The Parties shall be released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was a consequence of force majeure circumstances arising after the execution of this Agreement, or if the failure to fulfill obligations under the Agreement by the Parties resulted from extraordinary events that the Parties could neither foresee nor prevent by reasonable measures.
6.2. Force majeure circumstances may include, but are not limited to, events which are beyond the Party’s control and for the occurrence of which it is not responsible, such as: war, riot, strike, earthquake, flood, fire, power supply failures, severe weather or similar phenomena, government regulations, orders (decrees) of state authorities of the RF, laws and other regulatory documents of competent authorities adopted after the signing of this Agreement and rendering the fulfillment of obligations under this Agreement impossible as well as actions of state or municipal bodies and their representatives impeding the implementation of the Agreement, and other unforeseen circumstances, including the urban power network failures.
7.1. The Agreement, its execution, implementation and termination shall be regulated by the effective laws of the Russian Federation. All the issues not settled by the Offer or not fully settled shall be regulated in accordance with the substantive law of the Russian Federation.
7.2. By accepting the Offer, the User guarantees that:
7.2.1. he/she has all the necessary powers to execute and implement the Agreement and that the provision of Services by MC Dynamo does not infringe on the rights of the third parties. The User undertakes to settle all claims of third parties related to the actions of the User under the Agreement independently and at his/her own expense;
7.2.2. he/she is fully acquainted with the Offer, understands its subject, fully understands the meaning and consequences of his/her actions in relation to the Offer Acceptance and the provision of Services in accordance with the Offer;
7.2.3. he/she is capable and has reached the age required in accordance with the legislation of the Russian Federation for the transactions provided for in this Offer.
7.2.4. he/she takes all measures necessary and sufficient to prevent unauthorized third-party access to the e-mailbox and/or mobile phone, the address and/or number of which have been indicated by the User when purchasing Electronic tickets. The User undertakes not to disclose the data contained in the letter sent to the User, ticket data and ticket barcode to third parties in accordance with cl. 3.8 of the Offer by any means, including the use of any social networks, messengers, etc. The User is solely responsible for the security and protection of the Electronic ticket from copying. In case of the Electronic ticket copying, the access to the Event will be opened by the initially presented ticket.
7.3. Any notices and other documents in the course of the Services provision under the Offer may be sent: by MC Dynamo – to the e-mail address indicated by the User when purchasing an Electronic ticket and paying for the Service, by the User – by means of the feedback form at firstname.lastname@example.org. The notice shall be deemed to have been delivered on the working day following the day of dispatch.
7.4. If any of the provisions of the Offer is declared invalid or illegal, or cannot enter into force in accordance with the current legislation of the RF, this provision shall be removed from the Offer and replaced by a new provision that best meets the original intentions contained in the Offer, while the remaining provisions of the Offer shall remain unchanged and effective.
7.5. MC Dynamo is entitled to amend the text of the present Offer at any time without notifying the User. Such amendments shall come into effect upon publication. The relevant (current) text of the Offer is published at: https://vtb-arena.com/visitors/oferta/