15.10.2019
Parties to the contract and the object of the contract
Fienta Ticketing OÜ (Fienta), registry code 12658162, address Hobujaama 4, Tallinn 10151, Estonia, e-mail [email protected], provides a legal person (henceforth Organiser) that has registered as a user on the fienta.com website the service of ticket mediation, by web-based mediation of electronic tickets to the consumer (henceforth Buyer).
Fienta provides the Organiser a web-based service, through which the Organiser can sell the end user tickets (henceforth service). Fienta provides the Organiser the service through the Fienta web-based information system (henceforth ticket shop) at the website address fienta.com.
Service description. The service entails the development, updating, maintenance, and hosting of the e-ticket shop, e-ticket sale mediation, e-ticket delivery via e-mail in an electronic format, payment solutions, reporting and user support by Fienta for the Organisers.
Ticket checking service. The service does not include ticket checks by Fienta at the Organiser’s event. Ticket checks should be organised by the Organiser independently on the territory of the event, and the Organiser is responsible for obtaining the necessary internet connection and hardware solutions.
Service fee payment to Fienta
The payment to Fienta by the Organiser for the service is calculated based on the ticket sales volume through Fienta, according to public pricelist available at fienta.com/pricing.
All proceeds from the sales of the tickets will first be transferred to the account of the payment service provider. The payment service provider will transfer the proceeds to Fienta, after taking out the payment service fee. Fienta will transfer the proceeds in turn to the Organiser at the beginning of each month, on the fifth working day of the month at the latest, for the previous month, unless otherwise agreed by the Organiser and Fienta. When transferring the ticket sale proceeds to the Organiser, Fienta will deduct their service fee. Fienta will submit an invoice to the Organiser detailing the withheld fee.
The Organiser promises to use Fienta signage or description in all printed materials related to the event or in any other advertisements related to ticket sales.
Information and explanations about using Fienta signage or descriptions are available on the Fienta website.
Obligations of the Organiser
Upon entering into this contract, the Organiser confirms that they will submit correct information about the Organiser’s data to Fienta, will give clients all the necessary and correct information about the event and tickets on the Fienta platform, will accept tickets sold via the Fienta platform, will pay Fienta a fee for the services rendered, and will refrain from damaging any of Fienta’s rights and interests, including intellectual property rights.
When registering as a user on the Fienta platform, the Organiser is obligated to submit to Fienta correct information about their person and contact information. The Organiser will among others submit the following information: Business name of the company, registration code, mailing address, VAT number, bank account number, for Fienta to forward the ticket sales proceeds.
When entering events independently into the Fienta platform and managing them, the Organiser is obligated to present clients with all the necessary and correct sales information, including information about the ticket price, the time and location of the event, the description of the event, and information related to processing personal data. The Organiser should comply with personal data protection regulations, as the data controller of personal data submitted during ticket sales, and is responsible for the purposeful use of the data and for the existence of the legal basis for collecting and processing the data. The Organiser is responsible for the legality of processing personal data.
In relation to the personal data involved in providing the service, the Organiser gives Fienta permission to process all data collected by the Organiser or data that is necessary for the provision of the mediation service, to the extent and for the purposes described in these terms of service.
The Organiser is obligated to accept tickets sold through the Fienta platform to clients.
The Organiser agrees that the fee payable to Fienta will be deducted from the sales proceeds to be forwarded to the Organiser.
The Organiser is obligated to present the Buyers with their terms of sale related to the ticket purchase.
If the Organisers foresee that despite the provisions of § 53 (4) (72) of the Law of Obligations Act the Buyers have the right to withdraw from the contract, the Organiser is still obligated to pay Fienta the fee for mediating the ticket as per these terms of service.
Obligations of Fienta
Fienta provides the Organiser with the opportunity to organise ticket sales through the Fienta platform, ensures that the information about the Organier’s ticket sales is accessible on the Fienta platform, transfers to the Organiser the proceeds from last month’s ticket sales by the fifth working day of the month at the latest, from which the payment service provider and Fienta have previously deducted their service fees. Additionally, Fienta provides the Organiser with the opportunity to use Fienta software to check tickets sold through Fienta at the entrance of the event.
By organising ticket sales through the Fienta platform, Fienta allows:
The Organiser to sell tickets at the price and in the amount desired by the Organiser for venues without numbered seating;
The Organiser to sell different classes of tickets for one event;
To determine what kind of information the Organiser needs from the Buyers;
The Organiser to determine the beginning time and ending time of the sale for the whole event as well as for different classes of tickets;
The Organiser to display event information in different languages;
The Organiser to monitor in real time the amounts of bought and checked tickets.
User support. Fienta offers the Organiser user support via e-mail and phone during working days from 10 am to 5 pm. The user support contacts are: [email protected], phone +372 6700 070. The primary user support for ticket Buyers is organised by the Organiser and ticket Buyers are first directed to the Organiser’s general information phone number and contacts. If the Organiser cannot independently answer the ticket Buyers’ questions or resolve problems, they will forward the question or concern to Fienta.
Information about ticket sales is available for the Organiser upon logging into the Fienta platform at any moment, except at previously notified maintenance times for the Fienta platform or due to interruptions to using the platform for reasons beyond Fienta’s control.
Fienta enables the Organisers to use software that can be used by the Organiser to check the validity of tickets bought through the Fienta platform, to validate a valid ticket and register it as used with a device that has an internet connection.
Liability
Fienta mediates tickets in the interest of the Organiser and is not liable for the terms of sale or any claims arising based on the sales contract. The Organiser is liable for any claims.
Fienta mediates tickets at the request, in the name of and at the expense of the Organiser, and does not have the right to implement or change the ticket price or the Organiser’s terms of sale, including buying back tickets or exchanging tickets, compensating for destroyed, lost, stolen or damaged tickets or any other objects related to the event. When purchasing the ticket, the sales contract is entered into by the Organiser and the Buyer.
All rights and obligations related to the tickets are implemented and notified of by the Organiser, and Fienta is not liable for the rights and obligations of those contents, for their changes or for their fulfilment. The Organiser is obligated to notify the Buyer also of all aspects related to personal data issues.
Fienta is not a representative of Organiser or artist and is not responsible for the event taking place, its contents, information, advertisement or quality. The responsible party is the Organiser.
If the event does not take place, if it is postponed or if its location is changed, Fienta is not obligated to buy back or compensate the tickets. The Organiser is responsible for either buying back or compensating the tickets.
Neither the Organiser or Fienta are responsible for any breaches to the contract caused by force majeure, including, for example, widespread power outages or internet outages. If the force majeure passes, the Organiser and Fienta must continue fulfilling their obligations as soon as is possible after the force majeure conditions cease.
Service provision may be interrupted due to Fienta’s service providers (for example, the payment service or server maintenance). In such case, Fienta is not considered to be in breach of contract, and Fienta will restore the service provision at first opportunity.
Personal data
In clause 3.4 of these terms of service, the Organiser has given Fienta the authorisation to process the Buyer’s data to the necessary extent described in these terms of service. Fienta processes personal data according to the Organiser’s instructions.
Personal data, for which the Organiser has given Fienta authorisation as per clause 3.4 of these terms of service, include: e-mail address, phone number, class of ticket purchased, purchase IP and information about cookies, language of purchase, marketing channel used to reach the purchase, the browser and operation system used, the name of the Buyer, the payment method, the name of the bank used for payment, payment status, time that the ticket was used and any additional data the Organiser has requested from the Buye
Fienta processes personal data as long as it is necessary for providing the service and for being in compliance with regulations set out in law (for example, for accounting purposes).
Fienta has the right to refuse processing data in a situation, where the Organiser is not able to confirm to Fienta that the personal data processing is legal.
Fienta confirms that the confidentiality obligation extends to Fienta employees and service providers, who process the personal data listed above.
Fienta confirms that they use the appropriate technical and organisational means for the protection of data.
Fienta involves new data processors in the work only with the prior written consent of the Organiser.
In case the Organiser has to respond to or act due to a claim filed by a data subject, Fienta will assist the Organiser according to their capabilities.
According to their capabilities, Fienta will help the Organiser ensure compliance with the General Data Protection Regulation (EU 2016/679) Articles 32 to 36.
Fienta will erase or return all personal data related to service provision if it is not in breach of the legal obligation to retain information.
If needed, Fienta will provide the Organiser with the necessary information, in addition to what has been provided in these terms of service, so that the Organiser could fulfil their obligation, as outlined in the General Data Protection Regulation (EU 2016/679) Article 32.
Cookies
The Organiser can use cookies in the e-ticket store to analyse the Organiser’s event. In such case, the Organiser has to notify Buyers about the use of such cookies. Any problems related to the use of additional cookies are the responsibility of the Organiser.
Buyers have the opportunity to not allow the use of cookies in their browsers, however, it may cause problems in purchasing the tickets.
Fienta does not forward information from their cookies to the Organiser.
Applicable law and resolution of disputes
These terms of service and the obligations they entail are subject to the laws of the Republic of Estonia.
The Parties will try to resolve any disputes stemming from or related to the contract through negotiations. If the dispute cannot be resolved through negotiations, the Parties have the right to turn to the Harju County Court for a resolution according to the applicable laws of the Republic of Estonia.