Terms and conditions for provision of services for the event organizers
Welcome to BookTes.com. The following are The Rules or "Terms and Conditions" that govern the use of BookTes.com website. By using and visiting BookTes.com, you expressly agree to comply by these Terms and Conditions and to abide by these terms and all applicable laws and regulations governing the website.
BookTes.com is the ticketing platform and event/activity listing platform where you can buy tickets, season passes, coupons, products and packages at any time of the day. Our goal is to provide you with a simple, efficient and fast way to purchase tickets, coupons, season passes, products and packages online or offline or to register and create events/activities with free or paid access. Anyone who buys tickets, season passes, coupons, products and packages or registers an event/activity through BookTes.com, therefore, accepts the agreement below with SC Booktes Media Ticket System SRL, the parent company of BookTes.com and all intellectual property associated with BookTes.com. SC BOOKTES MEDIA TICKET SYSTEM S.R.L., BookTes and BookTes.com is also referred to in this document as Provider, Party, Operator.
Event - a show of great importance, constituting an artistic event (musical concert, dance, festival, artistic performance, theatrical play) or business (conferences, symposiums, seminars, classes, workshops, exhibitions, fairs).
Activity - is the place where the action of active participation in a process that involves physical, intellectual or moral effort (amusement park, tourist attraction, sports competition, etc.) takes place.
Electronic ticket or e-ticket - a digital document that provides the holder with the right to access an Event or Activity. An electronic ticket (commonly abbreviated as an e-ticket) is the equivalent of a paper ticket.
Physical ticket - is a piece of paper that indicates that a person has the right to access an Event or Activity. Usually, a person pays for a ticket, but it can also be free. A ticket can only serve as proof of the access right or access reservation. A ticket can be valid for any seat ("free seats") or for a certain seat ("allocated seats").
Season pass - a digital document that provides the holder with the right to access an Event or Activity once or multiple times daily, weekly, monthly or annually depending on the permissions set in the system. An electronic season pass is the equivalent of a paper season pass.
Coupon - a digital document that provides the holder in certain Events or Activities the right to claim services and consumer goods that can not be classified as tickets, such as food, drinks or accommodation. A coupon can only serve as proof of the right of access to certain predetermined goods or the booking accommodation. A digital coupon is the equivalent of a paper coupon. In some cases it may allow access to the event or activity, being signalled, as the case may be, in their name, description or terms and conditions, but in most cases, the coupon is accompanied by an entrance ticket.
Product - a digital document that provides the holder in certain Events or Activities the right to claim some packaged goods that can not be classified as tickets, such as CDs, T-shirts, souvenirs and the like. A product can only serve as proof of the right of access to certain packaged goods. A digital product is the equivalent of a paper product. In some cases it may allow access to the event or activity, being signalled, as the case may be, in their name, description or terms and conditions, but in most cases, the product is accompanied by an entrance ticket.
Package - represents the grouping of two or more digital products (tickets and/or season passes and/or coupons and/or products) required when it is desired to offer customers an incentive through lower prices for several products (in the form of a package) bought at once, or the opportunity to buy a package for the whole family or group of friends.
Social Media - the online social media - is a group of tools (websites and software/applications) that work with a device connected to the Internet (computer, laptop, tablet, mobile phone, etc.) built to facilitate the communication of Internet users and the creation, distribution and exchange of content (text, photo, video, audio, multimedia presentations, etc.) between members of social groups (friends, colleagues, family, etc.) that are formed based on trust, each member seeking to capitalize on their identity, belonging, creativity and freedom of expression and participation.
Distribution of fiscal tax series - the division of some fiscal tax series provided or approved by the Local Tax Administration where the event/activity will take place.
Refund - the action of returning to a Buyer a sum of money with which he purchased tickets/season passes/products/coupons/packages in the form of cash or in the form of a bank transfer.
Buyer - a person who purchases a ticket/season pass/product/coupon/package using the BookTes.com platform. The Buyer is also called Client, User, Customer in the context of this document.
Event/Activity Organizer - a person/legal entity that manages all pre-event/activity planning, places spokespersons for guests and groups of delegates, coordinates suppliers, manages Buyers' questions, and resolves issues on the day of the event/activity to ensure that all work smoothly within budget, provide post-event/activity evaluations to prepare for future events/activities, finds Client new research opportunities and new events. The Event/Activity Organizer is also called Beneficiary, Party, Operator in the context of this document.
Site or Website - is a page or collection of pages on the World Wide Web that contains specific information provided by a single person or entity and tracks a common resource locator (Uniform Resource Locator - URL).
Terms and Conditions - general, special arrangements, provisions, requirements, rules, specifications and standards that are part of an agreement or contract.
Services - the act of performing an attribution (marketing, management, accounting or administration) for a business or a person who wants or needs in return monetary compensation.
Informative note: to make it easier to go through the document, we will call the ticket, subscription, coupon, product and package hereinafter with the term ticket or tickets for the plural form. The Event/ Activity Organizer will be hereinafter referred to as the Organizer or Organizers for the plural form.
The terms and conditions for the provision of services to the Organizers govern all BookTes.com websites and domains (including all web pages, subdomains and subparts thereof) and all services available on or through the website or otherwise provided by BookTes.com for the Events/Activities of the Organizer and all software, collectively defined above under the name "Services." The Services are owned and operated by BookTes.com and are provided subject to acceptance by the Organizer of all Terms and Conditions contained herein, without modification, as well as all other operating rules, policies and procedures that may be published from time to time on BookTes.com as part of the Services. The Organizer agrees to all of the Terms and Conditions contained in this document and to all other rules, policies and procedures that may be published overtime on the BookTes.com website. If the Organizer does not agree with these terms, conditions, rules, policies or procedures, the Organizer must immediately cease using the Services offered through the Website. These Terms and Conditions for the provision of services to the Organizers may be amended only by a written agreement on ticketing services or by a written annexe to these Terms and Conditions, signed by both an authorized signatory from the Organizer and a representative of BookTes.com or through the BookTes.com system.
BookTes.com reserves the right, in its sole discretion, to change or replace any of the details of these Terms and Conditions at any time. It is the responsibility of the Organizer to periodically check the changes to the Terms and Conditions. The continued use of the Services by the Organizer after posting any changes to these Terms and Conditions constitutes your acceptance of the changes. If any changes to these Terms and Conditions are not acceptable to you as an Organizer, then your only solution as an Organizer is to stop accessing, browsing and using the Services.
- Using the BookTes.com Services
BookTes.com grants you a non-exclusive, non-transferable, sub-licensed right to access and use the Services solely for the purpose of creating an event or activity page in terms of promoting, managing, tracking and collecting e-tickets and physical tickets for sales and registrations for a registered Event/Activity added on the site, in each case in accordance with these Terms and Conditions and to the extent permitted by all applicable laws and regulations (national and international) relating to the Event/Attraction. Without violating the Terms and Conditions, you will not allow anyone, directly or indirectly: to modify, reproduce or otherwise create or derivate any part of the Services or the Content of the Site (as defined below); engineering, disassembling, decompiling or otherwise attempting to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction does not apply to the limited extent of the reverse engineering restrictions that are prohibited by applicable local law); sublease, resell, distribute or use the Services for commercial purposes (except for the commercial purpose limited by collecting sales or ticket registrations through the Site as an Event Organizer in accordance with these Terms and Conditions); removal or modification of any notices or proprietary tags on or in the Services or the content of the Site; or engage in any activity that interferes with or disrupts the Services.
2.2. What role does BookTes.com have in Services?
BookTes is not the creator, Organizer or owner of the Events/Activities listed in the Services. BookTes only offers its services, which allow the Organizers to manage ticket sales, registration and promote Events/Activities. The Event/Activity Organizer is solely responsible for ensuring that any page that displays an Event/Activity within the Services (and the Event/Activity itself) meets all local, state, provincial, national, and local laws, rules, and regulations. otherwise and that the goods and services described on the event/activity website are delivered as described and in a satisfactory manner.
- Your obligations as an Event / Activity Organizer
In order to be a Registered User of the Services as an Organizer, you agree to provide true, accurate, current and complete information about yourself in the form required by the Website registration form ("Registration Data") and update the registration data to keep them valid, accurate, current and complete. BookTes.com advises you to provide accurate data as it is used to provide the Service to its full potential. BookTes.com reserves the right to suspend the use of the Service in case the data is false or incorrect.
- Security of your account
In order to access BookTes.com Services, you must create an account using an email address and set a password. Please note that you must keep the set password with which you log in to BookTes.com confidential and protected. BookTes.com will not be responsible if your password is stolen. This also applies to the rest of the accounts under the tutelage of the Event/Activity Organizer account. We advise you to log out after each use of the Website and to keep the security option in two steps active at all times. To use this option, you must provide a valid phone number in order to use the authentication code sent to it.
- The authorizations and permits that the Organizers must obtain
If you are an Organizer, without limiting the generality of any representations or warranties provided in these Terms and Conditions, you represent and warrant to us that:
- a) You and your affiliates will obtain, prior to the commencement of ticket sales, all applicable licenses, permits and fiscal authorizations (individually and collectively, "Licensing") in respect of the events/activities hosted by you or your affiliates within Services. Licensing includes, but is not limited to, property permits and safety permits from firefighters department, traffic police department, the safety and security committee, etc.
- b) You and your affiliates will comply with and ensure that the venues for each Event/Activity hosted by you or your affiliates within the Services will comply with all applicable laws, regulations, rules and ordinances.
- c) You will register and get approved in accordance with art. 274 of Law no. 571/2003 on the Fiscal Code, the tickets tax series added on sale on BookTes.com and you will present to BookTes the original endorsed by the local authorities.
(d) You will request that the Event/Activity be put on sale with tickets on the BookTes.com website only after you have obtained specific licenses for such Event/Activity, including, but not limited to, any authorization of the Event/Activity by the state, county, municipality or other local authority, inspection reports of the fire department, authorization to receive minors (if applicable), health authorization (if applicable) and any other potentially applicable authorization; and you and your affiliates will maintain in effect throughout the term of access to the Service the Licensing applicable to the Organizer to promote, produce, sponsor and sell tickets for all Events/Activities hosted by you or your affiliates within the Services.
(e) You agree not to hold BookTes, its subsidiaries, affiliates, officers, agents and other partners and employees liable for any loss, liability, claim or request, including reasonable attorneys' fees incurred by any third party in the case or arise from your own use of the Site, including your use of the Site to provide a link to another Site or to upload content or other information to the Site. BookTes is not liable in any way, to any extent and does not bear such responsibility for all actions related to obtaining all applicable licenses, permits and tax authorizations (individually and collectively, "Licensing"). However, BookTes will ask for, if necessary, proof of these documents and by accepting these Terms and Conditions you undertake to provide these documents.
Tickets, ticket prices, ticket descriptions, Event/Activity descriptions and all information related to the Event/Activity are entirely the responsibility of the Organizer and BookTes.com is not responsible for any changes made by it.
- General conditions
6.1. Partners - BookTes.com distribution partners may charge an additional fee above the value of the ticket, depending on their choice, up to a maximum of 10% of the ticket price or a maximum transaction fee of RON 25.00.
6.2. Services - BookTes.com is authorized to charge additional services on the payment page.
6.3. If BookTes.com has the exclusive right to sell tickets, this right must be respected and if the exclusivity is violated by selling tickets with other ticketing networks, BookTes.com will charge a fee of RON 10,000 such as and the full commission (no discount applied) and the cost for other Services that were offered free of charge - according to the Contract Annex -. BookTes.com will deduct this amount from ticket sales when payment is made to the Beneficiary (Organizer).
6.4. BookTes.com has the right to process Customer Refunds in the following cases according to Visa and Mastercard rules:
- The event/activity is cancelled for any reason.
- Artists do not appear at the Event/Activity.
- The artist does not perform for the agreed and promoted duration.
- The date or time of the Event/Activity changes.
- The Organizer provides incorrect or erroneous information to Buyers related to the Event/Activity.
- Event/Activity is postponed.
- Changing the Event/Activity venue.
- Lack of Event/Activity information.
- There is no access for people with disabilities and the Event/Activity has been promoted in this regard.
- Poor seat view or seat problems (where there are seats).
- Lack of air conditioning or on-site heating (and was promoted in this regard).
- Artist change, for example, the promoted artist does not appear at the event.
- Modifying the entry policy without informing the Buyers in advance.
- Delays at entry due to poor organization of the entry process, security bodies, location management.
- Difficulties related to Event/Activity access by private or public transport.
- Incorrect numbering of seats (where seats are located).
6.5. If BookTes.com is obliged to return the value of the tickets to the Buyer but has already paid the funds representing the value of the tickets to the Beneficiary, the Beneficiary agrees to refund the value of the tickets to the Provider within 3 days of notification by the Provider.
6.6. In case that, the Event/Activity has been cancelled and Cash Returns to Buyers must be made, the Beneficiary will be obliged to pay the personnel costs that BookTes.com has incurred to facilitate the Return on request of the Beneficiary.
6.7. If a Buyer disputes the debit/credit card payment and despite all efforts to prove payment, the bank still returns the value of the cardholder's tickets, then the tickets will be considered unsold.
6.8. If the Return to the Buyer of the value of the tickets takes place after the value of the tickets sold at the Event/Activity has been paid to the Beneficiary then the Beneficiary agrees to pay the full amount to the Provider within 30 days.
6.9. The payment of taxes to the Local Financial Department is the responsibility of the Beneficiary according to the law.
Each Party hereby agrees and irrevocably undertakes to respect at all times the confidentiality of any information that belongs to or relates to the other Party, including (but not limited to) business, finance, transactions, services received, transactions or business. which appear in its direct or indirect possession as a result of this agreement, and neither Party shall give or disclose any such information to any third party without the prior written consent of the other Party.
- Ticket policy
The Beneficiary may provide its Ticket Return Policy and Event/Activity Access Policy for Buyers. If the Ticket Return Policy is not provided by the Beneficiary, the standard BookTes.com policy will apply. If the Beneficiary offers a Ticket Return Policy after ticket sales have begun, BookTes.com's standard Return Policy will apply to all previous purchases and the new orders will be those to which the new Ticket Return Policy will apply.
8.1. BookTes.com standard purchase/return policy.
Tickets cannot be Returned but can only be transferred with the prior notification of the Organizer.
It is the Buyer's responsibility to be of the correct age (according to the conditions set by the Organizer or BookTes.com) required to enter the Event/Activity. The Buyer's responsibility is to comply with the dress code established by the Organizer. If the Buyer is denied access to the Event/Activity, for any reason, BookTes.com is not responsible for Returning the value of the tickets. It is the Buyer's responsibility to participate in the Event/Activity at the time and date communicated by the Organizer or BookTes.com. For Events/Activities that the Buyer fails to reach, BookTes.com will not refund the value of the tickets. BookTes.com assumes no responsibility for any lost or stolen personal property or damage suffered at the Event/Activity. Access with a video camera or professional cameras (DSLR, mirrorless cameras) is not allowed. BookTes.com will not be responsible for lost or damaged tickets.
The ticket is not intended for resale by the Customer on websites intended for resale of tickets such as Viagogo, Online Ticket Shop, StubHub, OLX, Getmein, Okazii or any other similar website. Anyone who buys resold tickets on Viagogo, Online Ticket Shop, StubHub, OLX, Getmein, Okazii or any other similar website will not be admitted to the Event/Activity. Exchange of seats, tickets or categories is not allowed. One person per ticket (unless otherwise specified). The ticket is only valid for the specified Event/Activity and cannot be reused for multiple Events/Activities (unless otherwise specified). The Event/Activity Organizer has the right to refuse entry after the Event/Activity has started. Re-entry is not allowed. The valid ticket holder must have a valid identification document or a copy of it, such as the Identity Card or Passport, together with the credit/debit card used to purchase the ticket. Failure to present the documents requested above to the Event/Activity Organizer makes the Organizer reserve the right to refuse to participate in the Event/Activity.
- Content restrictions
The content of the Activities / Events, including the photographs attached to it, may not violate the law, the rights of third parties (including intellectual property rights and the right to privacy), good practices and the provisions of these Terms and Conditions. Activities/events and information published on BookTes.com may not contain offensive, harmful, abusive, illegal, threatening, harassing, defamatory, obscene, pornographic, libellous, discriminatory, hostile, damaging or abusive or misleading content which damage the image of the Platform or contains misleading offers. BookTes will ensure that no published Event/Activity will contain: acts of unfair competition, links to third-party service providers or websites, offers for goods or services whose sale or provision is illegal, personal data that identifies or may lead to the identification of a person without their express consent, viruses or other types of files, codes or programs intended to interrupt, destroy or limit the functionality of any software or hardware components, e-mail addresses misleading or non-existent.
You agree that you are responsible for all Content, in any form, that you provide to all Users of the Services or otherwise make available to them or through the Services. You agree not to use the Services to:
- upload, post, email, otherwise transmit or make available any content that is illegal, harmful, threatening, abusive, harassing, malicious, defamatory, vulgar, obscene, slanderous;
- harm minors in any way;
- steal the identity of any person or entity, including, but not limited to, any BookTes.com representative, or misrepresenting or otherwise misleading your affiliation with any person or entity;
- cancel the headers or otherwise manipulate the identifiers to hide the origin of any content transmitted through the Services;
- upload, post, send by email, transmit or otherwise make available any content that you are not entitled to make available under a law or contractual or fiduciary relationships (such as inside information, or in accordance with non-disclosure agreements);
- upload, post, send by email, transmit or make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
- upload, post, send by email, transmit or otherwise make available any content related to the sale or supply of goods and services, other than the sale or supply of tickets and registrations for events/activities listed on the Site and other goods and services sold or provided in conjunction with such events/activities;
- interfere with or disrupt the Services or servers or networks connected to the Services or fail to comply with any requirements, procedures, policies or regulations of the networks connected to the Services;
- disturb or otherwise harass any person or entity.
You agree to:
- use e-mail tools in accordance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and e-mail, including, without limitation, the EU Protection Directive regarding personal data and the GDPR Privacy Directive;
- represent and warrant that you have all the rights, power and authority necessary to ensure that all of your content does not infringe, misappropriate or infringe the rights of third parties; comply with all applicable local, state, provincial, national and other laws, rules and regulations; and does not violate these Terms and Conditions.
It is forbidden to publish fictitious Activities/Events on the Platform. The Organizer undertakes to delete or withdraw from the Platform, as soon as possible, Activities/Events that are no longer valid, unless the Activities/Events that may become valid at a later date, mentioning in the Activity/Event details, the date from which it will be available again.
It is not allowed to insert the phone numbers of the Organizers in other sections than the dedicated ones (eg: entering the phone number in the title or in the details of the Activity/Event).
It is not allowed to include so-called telephone line numbers (value-added services), which, when called, result in higher telephone charges for callers.
In order to ensure full compliance with the relevant legislation, BookTes reserves the right to request from the Organizer, for objective reasons, Contracts concluded with third party suppliers in carrying out the Activity/Event, such as the contract with the owner of the venue where the activity or event takes place or any other relevant contracts to verify the veracity of the Activity/Event, if there are reasonable suspicions.
Any Activity/Event can be verified by BookTes, and those that do not comply with these Terms and Conditions will be rejected and/or deleted as soon as possible.
Following the finding of non-compliance with the rules of these Terms and Conditions by any of the Activities/Events published on the Platform, BookTes Operators will have the right, depending on the specific situation, on a case by case basis:
- a) either to partially modify the Event/Activity and to correct the errors or inadvertences found, insofar as this is possible, so as to avoid deleting the respective Event/Activity.
- b) or to interrupt the continuity of the publication of the Event/Activity by refusing it. Refusing the Event/Activity means disabling its posting on the Platform.
In case of rejection of the Event/Activity and its deletion from the Platform, the Organizer will be informed by email about the reason for the rejection.
If the Organizer repeatedly publishes an Event/Activity without fixing the reported issues, BookTes reserves the right to block the Organizer's access to the Platform for posting new Events/Activity or managing existing Events/Activities, until the effective termination of the contract between the Parties.
In case of non-compliance with the rules of these Terms and Conditions by one or more of the Events/Activities published by an Organizer then BookTes has the right to remove the position of all Events/Activities of the Organizer from the list of Event/Activity search engine results. The elimination of the Events/Activities position will apply both to the current announcements in the Organizer's account and to the new ones, added by him.
In order to increase the effectiveness of Events/Activities, BookTes has the right to edit and complete its parameters.
BookTes assumes no responsibility for the accuracy and informational content of the Events/Activities published by the Organizers or for any of the consequences of using the Service in a manner that contravenes these Terms and Conditions.
- Review of Events / Activities
BookTes.com reserves the right to review the content of Events/Activities created by the Event/Activity Organizers and listed on the BookTes.com platform. The review will take these Terms and Conditions into account. Events/Activities that deviate from or violate the Terms and Conditions will be removed with immediate action from the Website.
- Modifications and/or suspensions of Services
BookTes reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time or for any reason, with or without notice. BookTes.com will not be responsible for the full or partial refund of service fees for any reason, except for those fees related to refunds issued to Customers. You agree that BookTes will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
- Prohibited Events / Activities
BookTes.com reserves the right to prohibit an Organizer from using the Services if it violates the Terms and Conditions. He will be notified in this case and will subsequently be denied access to BookTes Services. BookTes is not liable for any losses incurred by the Organizer as a result of the following actions:
- actions in violation of the law or this agreement;
- improper or unauthorized use of the Services by an Organizer;
- uploading events/activities on the Platform in order to recruit members for a certain ideology or religion;
- uploading events/activities on the Platform that violate public order and morality, such as sexual and obscene acts;
- other situations considered otherwise inappropriate by BookTes.
In all these cases BookTes will not be held liable and also BookTes reserves the right to prohibit these Events/Activities from appearing on the website.
- Age limit
You must be at least 18 years of age, or the legal age of majority where you live, in order to use the Services. If you are 13 years of age or older, you may use the Services only under the supervision of a parent or legal guardian who manages your use and/or account. However, if you are under the age of 13, do not provide us with any information about you.
- Account issues
If there is a dispute between two or more persons or entities over ownership of an account, BookTes will be the sole arbiter of the dispute and the decision of BookTes (which may include termination or suspension of the account) will be final and binding on those parties.
If you use the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally connect that entity to BookTes.com and grant BookTes all permissions and licenses provided in these Terms and Conditions.
BookTes advises you to report any illegal activity related to your account to BookTes.com. You are responsible for any activity that takes place under your account.
- Links to other websites
The Site and the Services provided may include, or third parties may provide, links to other websites or sources. BookTes.com has no control over the sites and sources of such third parties, and the Organizer acknowledges and agrees that BookTes.com is not responsible for the validity of such sites or resources and is not responsible or liable. for any content, services or other materials that are available on these sites or sources. The Organizer acknowledges and agrees that BookTes.com is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of such content, advertising, products, services or other available materials or through such site or source from a third party.
- Trademark Rights and Copyright Policy
The BookTes logos, as well as the BookTes and design found on this Site, are registered trademarks of BookTes. BookTes trademarks may be used publicly only with the written permission of BookTes.
We will terminate the privileges of any User who uses the www.booktes.com website to illegally submit copyrighted material without the express consent of BookTes to do so. In particular, Users who post content on this Site, whether it is articles, images, text, software or other copyrighted material, must ensure that the content they upload does not infringe the copyright or other rights of third parties (such as confidentiality or public rights). After the correct notification of the copyright holder or his agent and the confirmation by a court decision or the admission by the User that he has used this website as an instrument of illegal infringement, we will terminate his rights if he infringes the rights of use and/or we will stop accessing the Website. We may also, in our sole discretion, decide to terminate the User's rights to use or access the Website prior to that time, if we are satisfied that the alleged infringement has occurred.
- Processing of personal data
Agreement of Associated Operators
Whereas both BookTes and the Event/Activity Organizer are personal data operators within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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 referred to as "GDPR"), the Organizer understands that the processing activities of the two operators are the subject of a report by associated operators, as it is defined by Article 26 GDPR, so it understands to assume responsibility for the processing of the data it collects as an operator through BookTes.com for the purpose of carrying out the activity published on BookTes.com.
To avoid any doubt, the purpose of BookTes.com is to provide ticketing and Event/Activity listing services in such a virtual space where tickets can be purchased online or Events and Activities can be created with either free or paid access, and the purpose aim by the Organizer is to use the means offered by BookTes.com to promote its events/activities and sell tickets to BookTes.com Users.
In this sense, the Organizer assumes the responsibility for transmitting the information under the conditions of art. 13 and art. 14 GDPR and guarantees the rights of the data subject regulated by art. 7 and art. 15-22 GDPR. It will process personal data:
- a) legally, equitably and transparently to the data subject;
- b) for determined, explicit and legitimate purposes and not in a manner incompatible with the purposes mentioned at the time of collection of personal data;
- c) guaranteeing their adequacy, relevance, limiting the processing to what is necessary in relation to the purposes for which they are processed;
- d) ensuring that personal data which are inaccurate, are deleted or rectified without delay;
- e) storing personal data in a form that allows the identification of the data subjects for a period not exceeding the period necessary to fulfil the purposes for which the data are processed;
- f) processing personal data in a manner that ensures adequate security of personal data, including protection against unauthorized or illegal processing and against accidental loss, destruction or damage, by taking appropriate technical or organizational measures.
BookTes.com provides the Organizer with space where he can upload his information regarding the processing of personal data and respect for the rights of Persons concerned. Also, through the means of contact made available to Persons concerned, BookTes.com assumes the role of contact point for them and ensures the knowledge of Persons concerned of these rules on the processing of personal data as associated operators.
However, the Organizer will be responsible for evaluating the personal data processing activities it collects through BookTes.com, respectively whether personal data can be processed legally and adequately while respecting and protection of the fundamental rights and interests of the Persons concerned or other persons involved, in the framework of its specific activity.
During the conduct of business relations, the Associated Operators will inform each other of any legal, technical or organizational requirements, which they are obliged to comply with in order to carry out the processing of personal data in accordance with applicable specific legislation, each of which is directly responsible for the means of processing implemented in the performance of specific services that fall within its competence in relation to the Person concerned.
The processing of personal data may be performed by each of the Associated Operators only in compliance with the rights of the concerned Person in accordance with art. 7, art. 13, art. 14 - art. 22 GDPR, as well as the other provisions of the GDPR.
The parties will respect the principle established by art. 26 paragraph (3) GDPR regarding the fact that, regardless of the provisions of this Agreement, the Person concerned may exercise his rights provided by GDPR with respect to and in relation to each of the Associated Operators under the main contract.
Associated Operators have an obligation to cooperate and provide mutual support throughout the business relationship in order to ensure respect for the rights and freedoms of the concerned Persons in the processing of personal data in strict accordance with the GDPR.
The operations of personal data processing by the Organizers may be performed pursuant to art. 6 paragraph (1) letter (b) GDPR on the occasion of the sale of tickets to BookTes.com users and pursuant to Article 6 paragraph (1) letter (c) GDPR for compliance with the legal provisions governing their activity.
Whenever the Organizer will substantiate the processing of personal data based on the legitimate interest provided by art. 6 paragraph (1) letter (f) GDPR or the consent provided by art. 6 paragraph (1) letter (a) GDPR, under the conditions of art.7 GDPR, respectively whenever the Organizer intends to process personal data, after the sale of tickets, for a purpose other than that for which they were obtained, it undertakes to provide to the concerned Person, before this further processing, information on the respective secondary purpose and any relevant additional information, in accordance with art.12 - 14 GDPR.
Also, whenever the processing of personal data will be performed based on the consent of the concerned Person, the Organizer will obtain its consent before performing the data processing operation, informing the concerned Person according to art. 12 -14 of the GDPR. The consent of the concerned Person must be free, specific, informed and unambiguous, by which he or she can accept by an unequivocal statement or action that he or she agrees to the processing of his or her personal data.
The Associated Operators will inform each other about the requests made by the concerned Person whose personal data have been processed through BookTes for the services provided by the Organizer, requests related to the exercise of the rights provided by art. 15-22 GDPR or in connection with the services that are the object of the commercial relationship between the Associated Operators. BookTes.com will respond directly to the concerned Person within the legal deadline. In the event that in order to resolve the request of the concerned Person, information from the Organizer is required, the Parties will cooperate to respond within the legal deadline to the concerned Person.
The parties shall inform each other of any possible Security Incident as a result of which personal data falling under the commercial relationship between the Associated Operators have been affected and the deadline for transmitting the notification has the legal regime provided for notifying the fact to the Supervisory Authority under the conditions of art. 33 GDPR, respectively within 72 hours from the date on which any of the Associated Operators became aware of the existence of a Security Incident that may present risks for the Persons concerned.
The processing of personal data will take place only within processing systems that have been subject to the implementation of appropriate technical and organizational measures for the protection of personal data. The technical and organizational measures must comply with art. 32 of the GDPR, ensuring an adequate level of protection and security of personal data.
The associated operators have the right to modify the existing technical and organizational measures if there are more efficient solutions, with the prior information of the other.
Data carriers containing personal data will be labelled accordingly. If such data carriers are compromised Associated Operators are obliged to take all necessary measures to protect and secure personal data.
The Organizer declares and accepts that personal data collected through BookTes.com will not be processed, used, etc. except in connection with the purposes provided by the parties and only in connection with the services accessed through BookTes.com
Associated Operators undertake to respect the confidentiality of data processing.
The Parties must ensure that the employees involved, the Persons empowered by the Operators, the secondary Persons empowered by the Operators, do not process personal data without authorization and that these persons are obliged to maintain confidentiality. The obligation of confidentiality continues even after the termination of the effects of employment or contractual relations.
Associated operators are prohibited from providing information to third parties without the prior written consent of the other associated Operator unless they have a legal obligation to do so (for example the obligation to report to various public authorities).
The obligation to maintain the confidentiality, the security of personal data and the confidentiality of communications will remain in force even after the termination of the effects of the Agreement.
Associated Operators also guarantee that the Persons empowered by the Operators, the secondary Persons empowered by the Operators or any other persons authorized to process personal data in connection with this Agreement and the Main Contract, are subject to the obligation of confidentiality regarding the scope of applicability, purposes and means of processing personal data.
The Parties agree that in order to fulfil their obligations under this Agreement, they shall work closely together, to a reasonable extent, and shall inform each other of any circumstances that affect or are likely to affect the conduct of the business relationship.
The Associated Operators undertake to inform each other of any procedures carried out by the Supervisory Authority or another competent authority, in connection with the processing of data subject to their commercial report, as well as any correspondence with these entities regarding the conduct of this Agreement. In the event of any inspection concerning personal data held under this Agreement in any way, the Associated Operator concerned shall, as soon as possible after learning of the planned or ongoing inspection, notify the other Associated Operator of the inspection, by telephone as well as in writing (unless the law prohibits such notification).
In the case presented in the previous paragraph, the Associate Operator undertakes to cooperate fully with the other Associate Operator during the inspection (including by transmitting, without undue delay, any data, information and documents necessary to clarify the object of the inspection). For the purposes of this Agreement, "inspection" also means the receipt by one of the Associated Correspondences Operators from the Supervisory Authority or another competent authority in connection with the conclusion or performance of the Main Contract or the Agreement.
The Organizer understands that both the undersigned and the Persons authorized by the Operators with whom he collaborates, will not have the right to transfer, store or otherwise process personal data that are collected through BookTes.com, outside the European Economic Area, without prior written notice from BookTes.com.
The Associated Operator who transfers the data outside the European Economic Area assumes all and any obligations to ensure compliance of the transfer with the provisions of the GDPR as well as with all applicable laws regarding the international transfer of personal data.
In the event that the national legislation transposing the provisions of the GDPR will impose additional obligations on the Associated Operators, they will be subject to an update of these Terms and Conditions or of an act concluded between them.
The nullity of a provision of this Agreement shall not affect the validity of the other provisions. If a provision proves to be null and void, the Parties shall replace it with a new provision which shall illustrate the initial intentions of the Parties.
Any amendments to this Agreement, as well as any additional documents, will be made in writing.
The Parties agree that all disputes arising out of and in connection with this Agreement shall be settled by the competent courts in Bucharest, Romania.
- Limitation of liability
You agree not to hold BookTes, its branches, affiliates, officers, agents and other partners and employees liable for any loss, liability, claim or request, including attorneys' fees incurred by any third party in connection with or arising out of the use of to you of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site. BookTes does not respond in any way, to any extent and does not bear such responsibility for the SMS, email or card payment processing service, PayPal. Consequently, BookTes is not responsible for any type of error related to online payment and/or any type of fraud resulting from online payment. However, BookTes using the merchant payment provider services, SMS and email services independent of BookTes, will make every effort to ensure the prevention of these errors and/or fraud attempts. Tickets, ticket prices, ticket descriptions, Event/Activity descriptions and all information related to the Event/Activity are entirely the responsibility of the Organizer and BookTes is not responsible for any changes made by it.