Terms & Conditions of the Hybernia Theatre
1 INTRODUCTORY PROVISIONS
1.1 These terms and conditions (hereinafter referred to as "Terms & Conditions") are issued by Hybernia, a.s., with registered office in Prague 1 - Nové Město, nám. Republiky 3/4, Postal Code 11000, ID No.: 26133083, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. B 6255, (hereinafter referred to as the "Operator") as the operator of the Hybernia Theatre (hereinafter referred to as the "Theatre").
1.2 In accordance with the provisions of § 1751 (1) of the Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the Terms & Conditions regulate the mutual rights and obligations of the Operator as the seller and the visitor as the buyer (hereinafter referred to as the "Visitor") arising from the purchase contract formed between them when purchasing tickets for performances organized by the Operator through the Operator's sales channels (the Theatre's ticket office, ordering tickets through the Theatre's sales department by email: vstupenky@hybernia.eu). In the case of purchasing tickets through the colosseumticket.cz retailer, the following terms and conditions of this retailer apply: https://www.colosseumticket.cz/cs/obchodni-podminky.
1.3 The Visitor is either a consumer or a entrepreneur. A consumer is a physical person who, outside the area of his/her business activity or outside the area of independent practice of his/her profession, concludes a purchase contract with the Operator as a seller or otherwise deals with him/her. An entrepreneur is a person who independently operates a business on his own account and responsibility in a trade or similar manner with the intention of doing so consistently for financial gain. For the purposes of consumer protection, an entrepreneur shall also include any person who concludes contracts relating to his or her own business, manufacturing or similar activities or to the independent exercise of his or her profession, or any person who
acts in the name or on behalf of an entrepreneur. If the Viewer provides his/her identification number in the order, he/she acknowledges that the Operator considers him/her to be a business.
1.4 By concluding a ticket purchase contract in the manner set forth below, the Visitor confirms that he/she has read the Terms & Conditions in advance and agrees to follow them.
1.5 The provisions of the Terms & Conditions are an integral part of the purchase contract. Any other provisions in the purchase contract shall prevail over the provisions of the Terms & Conditions.
1.6 The Operator may change or modify the contents of the Terms & Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms & Conditions.
2 CONCLUSION OF THE PURCHASE CONTRACT
2.1 The purchase contract between the Operator and the Visitor is created at the time the tickets are purchased personally at the ticket office at the moment of their payment and in the case of purchase through the sales department at the moment the order is accepted.
2.2 The Visitor can also use the ticket reservation option. Ticket reservations are valid for 7 days from the date of order. In the case of ticket reservations for performances taking place within 14 days of the date of the order, they are valid for 3 days. In the case of events held within 7 days of the date of the order, ticket reservations are valid for 2 days, but no later than 1 day before the day of
the event. Tickets cannot be booked on the day of the event. Booked tickets must be picked up no later than the last day of the reservation at the Theatre's ticket office. Unpicked reservations are automatically cancelled and tickets are returned to the sale. In case of repeated non-collection of reservations (three or more times), the Operator reserves the right to cancel them without notice.
2.3 E-mail orders are not accepted on the day of the performance.
2.4 Tickets purchased and ready to be picked up at the Theatre's ticket office must be picked up no later than 60 minutes before the performance.
2.5 The Operator is not responsible for the impossibility to collect tickets at the last minute due to the opening hours of the ticket office or the availability of the sales department staff.
2.6 The Ticket entitles the Visitor to enter and attend the performance at the time and place specified on the ticket.
2.7 Purchased tickets cannot be returned or exchanged. In accordance with Section 1837(j) of the Civil Code, tickets purchased by e-mail or telephone order cannot be cancelled.
2.8 It is also not possible to undo the purchase of tickets that have been purchased at the Theatre's ticket office, regardless of whether or not this was done on the basis of a previous reservation. When purchasing a ticket from the Theatre's ticket office, the Visitor must check that the details on the ticket are correct as later claims will be disregarded. Also, any eligibility for discounted admission is to be announced by the Visitor in advance, as any later claims in this matter will be disregarded.
2.9 The Operator does not provide discounts on admission to holders of ZTP and ZTP/P cards and their escorts.
2.10 Discounts on the price of the tickets cannot be combined with each other.
2.11 If the ticket is delivered to the Visitor at the place specified by the Visitor, the Visitor is obliged to check the correctness of the information on the ticket immediately after receiving it, as later claims will not be taken into consideration. He/she is obliged to immediately inform the sales department of any defective performance.
2.12 The Visitor agrees to the use of remote means of communication in the conclusion of the purchase contract (in the case of ordering by telephone or email communication). The costs that arise for the Visitor when using remote means of communication in connection with the conclusion of the purchase contract shall be the responsibility of the Visitor.
2.13 The presentation of the Operator's performance on the Internet, on advertising posters or on other similar presentation materials is of an informative character only and therefore cannot be considered a proposal for the conclusion of a contract.
3 PRICE AND PAYMENT CONDITIONS
3.1 The price of tickets is determined by the price valid at the time of the conclusion of the purchase contract.
3.2 If the Visitor orders a ticket by e-mail or by telephone through the sales department, he/she is obliged to pay the Operator, together with the purchase price, the costs of packaging the ticket and the related costs of its delivery to the address specified by the Visitor.
3.3 The Operator is a VAT payer. Unless otherwise stated, the Visitor is obliged to pay the Operator the ticket price including VAT in the amount specified by the relevant regulations.
3.4 Unless otherwise stated, the Operator accepts payment in cash or by card when purchasing tickets at the Theatre's ticket office, and payment in advance by bank transfer or invoice if so agreed when ordering tickets through the Theatre's sales department.
3.5 Entrance fees are refundable only in the case of a cancelled performance, unless otherwise stated. Tickets can only be returned at the place and in the manner in which they were purchased (at the ticket office or through the sales department), unless otherwise stated. Information is provided by the Theatre's Sales Department. In this case, tickets may be returned or exchanged within 2 months of the original performance date, unless otherwise stated.
3.6 No compensation for other costs (e.g. transport of the Visitor and his/her accommodation at the venue of the performance, etc.) will be provided.
3.7 The publication of special promotional offers does not entitle holders of previously purchased tickets to compensation for any price differences.
3.8 Any unauthorized modification of the ticket will make the ticket invalid and the owner will not be allowed to enter the Theatre. Without the validation stub, the ticket is invalid.
3.9 No refunds will be given for lost tickets. In exceptional cases, it is possible to ask the Theatre's sales department to issue a duplicate, which is charged at CZK 50 per ticket. The issue of a duplicate ticket is at the sole discretion of the Theatre's Sales Department.
4 CANCELLATION OF PERFORMANCE OR CHANGE OF PROGRAMME
4.1 The Operator reserves the right to change the programme and the cast (hereinafter referred to as "change of performance"). In the event of a change of performance, when an alternative performance is being performed at a given time, the ticket entitles the Visitor to enter the alternative performance. In the case that the Visitor is not interested in the alternative performance, he/she is entitled to resign from the purchase contract and the ticket price will be refunded.
4.2 In case of cancellation of the performance, the Operator will refund the entrance fee. Along with the notice of cancellation, the audience may be offered the opportunity to exchange the ticket for a ticket for another date or performance, a gift voucher in the amount of the ticket price or other service provided by the Operator.
4.3 Tickets purchased via mass orders can only be exchanged or returned at the Theatre's Sales Department in the case of a change or cancellation of a performance.
5 OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1 The Visitor acknowledges that an audiovisual recording of the performance and the theatre premises may be made during or in connection with the performance. By purchasing a ticket, the Visitor agrees that images may be captured during or in connection with the performance. It also grants the theatre Operator and third parties the right to make and publish any form of recording of the performance or recording in connection with the performance for the theatre's marketing purposes. The Viewer acknowledges that, pursuant to § 89 of the Civil Code, a similar image or sound or visual recording may be taken or used without the person's permission in a reasonable manner for scientific or artistic purposes and for press, radio, television or similar reporting.
5.2 The making of any recordings by the Visitor during the performance is prohibited.
6 VISITING RULES
6.1 The Terms & Conditions include the Visiting Rules, which the Visitor is obliged to respect in all areas of the Theatre. The text of the visiting regulations is set out in Appendix 1 to the Terms & Conditions.
7 EXCEPTIONAL MEASURES
7.1 The Visitor acknowledges that the performance may be affected as a result of emergency measures issued by the Government of the Czech Republic or other public authorities in connection with the epidemiological situation, and undertakes to respect the restrictions and to fulfil the obligations arising for the Operator or the Visitor from the emergency measures.
8 OUT-OF-COURT DISPUTE RESOLUTION
8.1 The Operator declares that he is interested in the peaceful resolution of any potential conflicts with the Viewer.
8.2 If any conflict between the Operator and the Viewer cannot be resolved by peaceful means, the Viewer shall be entitled to settle such conflict out of court. The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869 is competent for out-of-court dispute resolution. Information on out-of-court dispute resolution is available at: https://www.coi.cz/informace-o-adr/.
9 CONCLUSION
9.1 The Terms & Conditions are written in the Czech language.
9.2 Relations and any possible disputes arising under the Purchase Contract shall be settled exclusively under the law of the Czech Republic, namely by the competent courts of the Czech Republic.
9.3 The Terms & Conditions are valid and effective from 28 September 2023 and supersede the previous version of the Terms & Conditions effective from 4 October 2022.
The Visiting Rules are available here.
