Contract offer
PUBLIC OFFER
AGREEMENT FOR THE PROVISION OF SERVICES FOR THE SALE AND BOOKING OF TICKETS FOR THEATRICAL, ENTERTAINMENT, CONCERT AND SPORTS EVENTS
TCT GROUP LTD LLP (hereinafter referred to as the “Contractor”), acting via the website http://zakazbiletov.kz/ (the “Website”), hereby publishes this Agreement for the provision of services for the sale and booking of tickets for theatrical, entertainment, concert and sports events, which constitutes a Public Offer addressed to an indefinite number of persons, including individuals and legal entities (hereinafter referred to as the “Customer”), to enter into an agreement on the following terms:
Terms and definitions:
1. Contractor – TCT GROUP LTD LLP, ensuring the operation of the Platform and providing services for booking and sale of Tickets.
2. Offer – this document titled “Public Offer”, representing a proposal addressed to an indefinite number of persons to conclude an Agreement under the terms specified herein.
3. Acceptance – full and unconditional acceptance by the Customer of the terms of this Agreement, effected by payment of 100% of the Order amount (including the Ticket face value and the Service Fee).
4. Contractor’s Services (Platform Services) – a set of services provided by the Contractor, including:
Technological Service: provision to the Customer of access to an up-to-date database of Events, visualization of venue layouts, and tools enabling the selection and booking of seats in real time.
Processing Service: ensuring the security of transactions, processing of payments through banking gateways, and immediate confirmation of purchase to prevent duplicate sale of seats.
Logistical Service: automatic generation of an electronic Ticket with a unique identifier (QR code), storage in the Customer’s personal account, and delivery thereof to the Customer’s email address.
Information Service: provision of technical support to the Customer during the Order process, as well as prompt notifications (via email and/or messaging services) regarding changes in the status of the Event.
5. Event – a concert, theatrical performance, or any other theatrical, entertainment or sports event.
6. Organizer – a legal entity or individual entrepreneur responsible for the preparation, conduct and content of the Event, as well as for refunding the Ticket face value in the event of cancellation or rescheduling of the Event.
7. Order – one or more Tickets for an Event issued by a single Customer and combined under a single identification number.
8. Ticket – an electronic ticket generated by the Platform confirming the Customer’s right to attend the Event and containing information about the date, time, venue and price. Leaving the Event venue deprives the Customer of the right of re-entry.
9. Reservation – an Order pending payment. The reservation period is 20 (twenty) minutes, after which, if unpaid, the Order shall be automatically cancelled.
10. Cancellation – deletion of an Order with return of Tickets to public sale within the Platform. An Order is automatically cancelled if payment is not made within the specified time.
11. Service Fee – a fee for granting the right to use the Platform functionality and for information and technological support of the Order. The Contractor’s services shall be deemed fully rendered upon issuance and delivery of the electronic Ticket to the Customer (Article 686 of the Civil Code of the Republic of Kazakhstan). Subsequent cancellation, rescheduling or improper quality of the Event shall not affect proper performance by the Contractor.
12. Ticket Face Value – funds payable to the Organizer for the right to attend the Event.
13. Platform – a software system hosted on the Website, including seat selection interface, synchronization with Organizer databases, payment gateway and automated Ticket generation system.
14. Website – http://zakazbiletov.kz/
15. Actual Expenses – costs and expenses actually incurred by the Contractor in connection with the processing of an Order and its cancellation, including, but not limited to, bank fees, payment system commissions, software licensing fees, and administrative expenses.
1. General provisions
1.1. This Public Offer (Agreement for the provision of services for the sale and booking of tickets for theatrical, entertainment, concert and sports events) (hereinafter referred to as the “Agreement”) governs the terms and procedure for booking and sale of Tickets for Events during the period of their sale via the Platform, as well as the obligations arising in connection therewith between the Contractor and the Customer.
1.2. Booking and sale of Tickets to the Customer shall be carried out exclusively under the terms of this Agreement and only upon its full and unconditional Acceptance. Partial Acceptance, as well as Acceptance on any terms other than those set forth herein, shall not be permitted.
Placement of an Order by the Customer shall be deemed full and unconditional Acceptance of the terms of this Agreement and shall constitute the conclusion of a legally binding agreement between the Parties through the performance of conclusive actions.
2. Subject matter of the agreement
2.1. The Contractor shall provide the Customer with Platform Services for the booking, processing and delivery of electronic Tickets for Events organized by third-party Organizers, and the Customer shall pay the Ticket Face Value and the applicable Service Fee.
2.2. Important:
3.1. The Customer confirms and agrees that, prior to performing the actions constituting Acceptance under this Agreement, the Customer has reviewed the terms and conditions of this Agreement in full and understands them completely.
3.2. Full and unconditional Acceptance of this Agreement shall be deemed to occur upon the Customer performing all of the following actions:
(a) accessing the Platform for the purpose of purchasing Tickets;
(b) completing registration by providing accurate contact details, including full name, telephone number and email address;
(c) selecting the relevant Event and Tickets;
(d) reviewing the terms of this Agreement, placing an Order via the Platform, making full payment of the Order, and receiving the electronic Ticket.
3.3. The performance of the actions specified in Clause 3.2 of this Agreement shall constitute full and unconditional acceptance by the Customer of all terms of this Agreement without any reservations or limitations and shall be equivalent to the conclusion of a written agreement.
3.4. The Contractor’s obligations under this Agreement shall be deemed fully performed upon the generation and delivery of the electronic Ticket to the Customer via the Platform, regardless of whether such Ticket is subsequently used by the Customer.
4. Rights and obligations of the contractor
4.1. The Contractor shall:
4.1.1. Provide the Customer with access to an up-to-date allocation of available seats, ensure the booking and sale of Tickets, proper processing of Orders for Events, and deliver the Ticket to the Customer’s email address upon successful payment.
4.1.2. Provide the Customer with support regarding the booking and purchase of Tickets via email and/or messaging services (including WhatsApp). The scope of such support shall be limited to specific issues directly related to the provision of the Services.
4.1.3. Provide the Services with due quality in accordance with the terms of this Agreement.
4.1.4. Provide the Customer with complete and accurate information regarding the procedure for booking and purchasing Tickets, as well as information about Events to the extent provided by the Organizer.
4.1.5. Maintain confidentiality of all information obtained in connection with the performance of this Agreement. Such information shall not be disclosed to third parties, except as required for the performance of this Agreement or as otherwise required by applicable law.
4.1.6. In the event of cancellation or rescheduling of an Event, update the relevant information on the Website, publish such information in publicly available sources (including social media), and notify the Customer via email and/or messaging services (including WhatsApp). The Contractor shall be deemed to have properly fulfilled its notification obligation upon sending the relevant notification to the contact details provided by the Customer when placing the Order.
4.2. The Contractor shall have the right to:
4.2.1. Require the Customer to comply with and properly perform the terms of this Agreement.
4.2.2. Apply discounts and/or set special prices for the Platform Services within the framework of promotional and marketing campaigns.
4.2.3. Cancel any Order or Reservation that has not been paid within the установленный срок (specified time period).
5. Rights and obligations of the customer
5.1. The Customer shall:
5.1.1. Prior to concluding this Agreement, review the content of this Public Offer, including all terms, conditions and instructions published on the Website: http://zakazbiletov.kz/
5.1.2. Pay for the Contractor’s Services in full and in a timely manner.
5.2. The Customer shall have the right to:
5.2.1. Freely decide whether to conclude this Agreement and to choose service providers, including the right to obtain similar services from third parties.
5.2.2. Receive an electronic Ticket, and, where предусмотрено условиями Организатора (where required by the Organizer’s conditions), a voucher or other confirmation of the Order as proof of service provision.
5.2.3. Receive complete and accurate information about the Services provided.
5.2.4. Require proper performance of this Agreement by the Contractor.
6. Price, refund and exchange of tickets
6.1. The total Order amount shall consist of the Ticket Face Value and the Service Fee.
6.2. The amount of the Service Fee shall be determined by the Contractor independently for each specific Event.
6.3. By making payment, the Customer confirms their agreement that the Service Fee is charged for services actually rendered by the Platform in connection with booking and sale of Tickets.
6.4. The Contractor and the Customer agree to the following refund procedure (in accordance with Article 686 of the Civil Code of the Republic of Kazakhstan):
6.4.1. General Refund Conditions:
Unused, expired or lost Tickets, including electronic Tickets sent to the Customer’s email address or stored in the Customer’s personal account, shall not be refundable or exchangeable, except in cases of cancellation, rescheduling or replacement of the Event at the initiative of the Organizer, as well as in other cases expressly provided for by the laws of the Republic of Kazakhstan.
6.4.2. Refund at the Customer’s Initiative:
In the event the Customer refuses to attend the Event at their own initiative more than 72 (seventy-two) hours prior to the Event, the Customer shall be entitled to a refund in the amount of the Ticket Face Value minus Actual Expenses incurred by the Contractor.
For the purposes of this Agreement, the Parties understand Actual Expenses as costs associated with the execution of the Order and its subsequent cancellation, including but not limited to:
The amount of Actual Expenses shall be determined in each specific case based on the totality of transaction-related and operational costs.
The Customer agrees that the weighted average amount of such expenses within the Contractor’s system is 10% of the Ticket Face Value, which is recognized by the Parties as reasonable and proportionate compensation of the Contractor’s costs.
In the event of full cancellation of the Event at the initiative of the Organizer, the Customer shall be entitled to a refund of the Ticket Face Value upon submission of a refund request via the personal account.
The Service Fee and any delivery costs shall be NON-REFUNDABLE, as they constitute payment for services actually rendered by the Contractor.
The refund processing period may range from 14 to 30 (thirty) calendar days from the date of submission of the refund request and shall depend on the payment method and processing time of the payment system.
The Contractor shall refund the Ticket Face Value only to the extent that such funds are actually held by the Contractor and have not been transferred to the Organizer.
If the funds have already been transferred to the Organizer, the Customer shall submit refund claims directly to the Organizer.
The Contractor shall provide the Customer with the necessary contact details of the Organizer for the purpose of submitting such claims.
6.4.4. Event Rescheduling or Replacement
In the event of rescheduling or replacement of the Event, the Customer shall have the right to:
(a) use previously purchased Tickets to attend the Event on the new date; or
(b) refuse the Ticket by submitting a refund request via the personal account.
Refunds shall be processed by the Contractor within the limits of funds not transferred to the Organizer and minus Actual Expenses incurred by the Contractor.
The Service Fee shall be NON-REFUNDABLE. If the funds have already been transferred to the Organizer, the obligation to refund shall pass to the Organizer.
6.4.5. Limitation of Contractor’s Liability
The Contractor shall not be liable for cancellation, rescheduling or replacement of the Event and shall be responsible to the Customer only within the amount of funds actually received by the Contractor and not transferred to the Organizer.
7.1. The Contractor shall not be liable for the actions or omissions of the Organizer of the Event and/or any other persons acting on behalf of or upon the instruction of the Organizer, whether acting in their own name or otherwise, including, but not limited to, the conduct, organization and content of the Event.
7.2. The Customer acknowledges and agrees that the Contractor shall not be responsible for the quality of the Event, as well as for any other consumer or other characteristics (including quality) of the Event.
7.3. The Contractor shall not be liable for any losses or damages, including moral harm, incurred by the Customer as a result of the Customer’s misunderstanding or misinterpretation of information relating to the procedure for ordering and receiving Tickets, attending the Event, or using the Services provided under this Agreement.
7.4. Upon acquisition of a Ticket, the Customer shall be solely responsible for its safekeeping, confidentiality, and prevention of copying, transfer or any other unauthorized provision of access to third parties.
8.1. The Parties shall be released from liability for partial or complete failure to perform their obligations under this Offer if such failure results from force majeure circumstances arising after Acceptance of the Offer, which the Parties could not reasonably foresee or prevent and which are beyond their control.
Force majeure shall mean extraordinary and unavoidable events under the given circumstances, including, but not limited to:
The Party affected by force majeure shall promptly notify the other Party of the occurrence of such circumstances and their expected duration.
Upon cessation of the force majeure circumstances, the Parties shall resume performance of their obligations under this Offer within a reasonable period of time.
9.1. A Ticket shall not be transferred to the Customer until full payment has been made.
9.2. The Customer may pay for Tickets using the following methods:
(a) non-cash payment via bank card (credit or debit) of accepted international payment systems;
(b) payment in cash at the Contractor’s ticket office.
9.3. In the event of refusal or failure to pay for reserved Tickets within 20 (twenty) minutes from the moment of placing the Order in accordance with Clause 9.2, such Order shall be automatically cancelled and the Ticket shall be returned to public sale.
9.4. Tickets shall be delivered to the Customer only upon full compliance by the Customer with the payment terms set forth in this Agreement.
10.1. The Customer hereby consents to the collection and processing of their personal data for the purposes of performance of this Agreement and for informing the Customer about Events.
10.2. The Contractor guarantees confidentiality of personal data and ensures its protection in accordance with the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”.
10.3. Unless otherwise provided by this Agreement, other rules published on the Website shall also apply to the relations between the Parties. Such rules shall be binding. The Customer’s acceptance of the terms of this Agreement and conclusion of agreements as provided in Clause 3.1 shall constitute the Customer’s full and informed consent to the application of such rules.
10.4. Any amendments and/or supplements to this Agreement shall be published on the Website. A new version of the Agreement shall enter into force upon expiry of 7 (seven) calendar days from the date of its publication on the Website.
In accordance with paragraph 1 of Article 385 of the Civil Code of the Republic of Kazakhstan, an offer shall be recognized as a proposal to conclude a contract made to one or more specific persons, provided that it is sufficiently definite and expresses the intention of the person making the proposal to be bound in the event of its acceptance.
A proposal shall be deemed sufficiently definite if it contains the essential terms of the contract or the procedure for determining them.
This Agreement contains all essential terms and expresses the will of the Contractor to conclude an agreement on the stated terms with any person who performs Acceptance, and therefore constitutes a Public Offer.
The text of this Agreement constitutes a Public Offer in accordance with paragraph 1 of Article 385 of the Civil Code of the Republic of Kazakhstan.
TCT GROUP LTD LLP
Republic of Kazakhstan, 050013, Almaty
Nauryzbay Batyr Street, 152
Residential Complex “Овация”, Block A, Office 4Ж