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Following terms have the meanings as described, in all variations of small and/or capital letters, single and/or plural forms:
1.a. General Terms and Conditions refer to these general terms and conditions except if explicitly named otherwise and serve as Contract between the Parties;
1.b. Event: an organized happening, with given date or period, location, route or destination, a planned public, private or social occasion of musical, cultural, sporting, recreational, business or travelling nature for which PNL.center provides certain web-based services;
1.b.1. Private event: such one not opened for online sales to Customers and usually accessible for the Event Holder and other parties to which/who the Event Holder has given its access credentials for the platform;
1.b.2. Public event: such one opened for public access and online sales; Public events are subject to verification and approval from PNL.center; depending on the event specifics – sufficient proves of arrangements from Event Holder will be required, including formalized Service contract; events not deemed to be firmly fixed and properly arranged or organized will not be approved for Public events, but can still be managed as Private ones by the Event Holder; completion of Public event is subject to PNL.center’s verification;
1.b.3. Flight: an event concerned with the air transportation of passengers with suitably certified, equipped, and configured aircraft, properly fueled and crewed to serve a given route as origin and destination, under particular schedule as date and times of departure and arrival and operated by certified aircraft operator;
1.c. Event Holder: legal entity that produces, arranges, or organizes an Event and is responsible for it and which enters into contract with Fiesta 77 Ltd as owner and beneficiary of PNL.center platform;
1.d. Contract: non formalized agreement to the extent of these general terms and conditions deemed to be acknowledged, understood, and accepted by the Event Holder in case the latter uses platform’s functionality to the extent of private events;
1.d.1. Service Contract: formalized agreement between an Event Holder and platform’s beneficiary required for public events; same not applicable to Customers;
1.e. Customer: natural person with whom or legal entity with which Event Holder enters into a formalized or non-formalized contract concerning a Public Event or to whom or which Event Holder makes an offer for the purpose of doing so;
1.f. Ticket: the document that serves a Customer for admission to an Event, including an electronic Ticket, itinerary or passenger’s receipt;
1.g. Fiesta 77 Ltd: the private limited company with its registered office in Sofia, Bulgaria, owner, and beneficiary of PNL.center platform. For the purpose of beneficiary, rights, and limitation of liability Fiesta 77 Ltd. and PNL.center have the same meaning, where Fiesta 77 Ltd. is the legal entity and PNL.center is the platform meant to deliver the intended service and product.
1.h. Service and product: PNL.center provides web-based functionality for Event Holders to manage events, events registrations, bookings, create Private events and create Public events or transform Private into Public events, publish, advertise, or sell tickets or other access and/or travel documents online;
2 Applicability of the General Terms and Conditions
2.a. These General Terms and Conditions apply to all offers, orders, legal relationships, and contracts pursuant to which PNL.center provides products or services of any nature whatsoever to Event Holder or a Customer, also if these products or services are not described or not further described in these General Terms and Conditions.
2.b. PNL.center and its owner Fiesta 77 Ltd expressly rejects other conditions of whatsoever nature imposed to them by third party, except if explicitly confirmed and accepted in writing.
2.c. PNL.center is entitled to change the General Terms and Conditions and declare changed general terms and conditions applicable to Contracts. Changed general terms and conditions shall be published on PNL.center website for consultation.
2.d. General terms and conditions of the Event Holder, the ones of the event itself and of any other subcontractor, supplier or servicer to the Event Holder, including any General terms and conditions of an aircraft operator shall apply to the Event Holder and/or the Customer only and not to the PNL.center platform. If a Customer does not yet have a copy of the Event Holder’s general terms and conditions, the Event holder shall send on request the Event Holder’s general terms and conditions.
2.d.1. In case of air transportation of passengers – by buying Tickets for particular flight, Customers agree and consent to the General Terms and Conditions of the aircraft operator operating the given flight. Such General terms and conditions are to be found on the website of the aircraft operator, whose name and contacts or website link will clearly be given in the respective ticket, itinerary or passenger’s receipt.
3 Formation of a Contract
3.a. These General Terms and conditions serve as contract between the platform and any visitor of the platform, Event Holder or Customer, provided in case of Public events, Event Holders are required to formalize the Service Contract too.
3.b. Unless otherwise agreed in writing, all offers, including in this regard all advertisements and price lists published or given on the platform by an Event Holder, are without obligations from PNL.center.
3.c. When Tickets are being offered and sold, PNL.center acts as an intermediary in the formation of the Agreement between the Customer (buyer) and the Event Holder (and further with the aircraft operator in case of air transportation). PNL.center is not a party to the Agreement that is formed by the purchase of a Ticket. The Agreement is formed after the Customer has purchased one or more Tickets from the platform. PNL.center supplies the Tickets on behalf of the Event Holder.
3.d. Before confirming the reservation/purchase, a Customer should always check if the correct Tickets have been selected. Customer must always use a correct e-mail address and agrees this means of delivery will be the one for delivery of any documentation, notice or other information related to the given event and also consent on receiving automated messages, updates and other unsolicited correspondence. The risk of loss, theft or misuse of a Ticket pass is to the sole discretion of the Customer as soon as the Ticket has been sent to the given e-mail address. If there is doubt regarding the accuracy of the details provided by a Customer when ordering, PNL.center may contact the Customer using the details provided by the Customer. If PNL.center is unable to contact the Customer and is therefore unable to check the details, PNL.center shall be authorized to cancel the reservation and sell the Tickets to another Customer. If PNL.center doubts the accuracy or validity of the details provided by the Customer when ordering or doubts the payment instrument used by the Customer, it shall be authorized to cancel the Customer’s reservation and sell the Tickets to another Customer. In such cases, PNL.center shall undertake efforts to inform the Customer concerned. Each Contract is entered into under the suspensive condition of sufficient availability of the products or services concerned.
3.e. PNL.center and/or the Event Holder reserve the right to set a limit to the number of Tickets that a Customer can reserve/purchase. The limitation on how many tickets a Customer can buy depends on the event the tickets are bought for, and in the case of air transportation – on the aircraft performance and configuration along with other limitations, applied by the aircraft operator, or the respective authorities. The limit is published on the purchase page of the event on the PNL.center platform and is checked at every transaction. We do so to prevent misuse of our website and unfair ticket purchasing practices. If we identify breaches of these limits, whether by a single user or multiple connected users (for example, using multiple credit cards or multiple members of a household purchasing tickets), or via the use of automated means to purchase tickets, we reserve the right to cancel any such orders. Use of automated means to purchase tickets is strictly prohibited.
3.f. Tickets cannot be returned.
4 Prices and payment
4.a. PNL.center sells Tickets on behalf of Event Holders which determines the price and number of available places. Information concerning price and availability is provided without obligations of PNL.center.
4.b. The Customer must pay the price specified for products or services ordered by means of online payment within the same session of its visit on the platform, or in case bank transfer is given as an option for particular Event – payment to be received within 24h from booking. Further conditions, including those pertaining to ordering and paying, may be set with respect to particular Events and in the Service Contract.
4.c. All prices of PNL.center specified on the website are in euros, exclusive of VAT, unless expressly stated otherwise, and final for the Customer.
4.d. Service charges apply to all orders placed with PNL.center. In addition, PNL.center charges administrative costs that are calculated on the basis of several factors and depend on the service plan used by the Event Holder - these fees and charges are given in the Service Contract and deducted from the accumulated amount received as Customer’s payments for online purchases.
4.e. If the Customer fails to pay amounts owed in time of a reservation, purchase will be cancelled, and tickets will be made available to other Customers.
4.f. Customer’s payments, less the service and administrative fees, as well as any exchange rates fluctuations, are accumulated on a dedicated account of PNL.center and given as statistics in the Event Holder’s profile on the platform. The amount is made available to the Event Holder within 5 working days after the completion of the Event. Any payments served by PNL.center under its Refund policy are deducted from the accumulated amount as given above.
4.g. Payments to Event Holder are done with one bank transfer to the Event Holder’s bank account with spot value date, less any beneficiary’s bank fees, against proof of event completion, which is to be provided to PNL.center in timely manner and as per requirements of the Service Contract.
5 Lock date and time
5.a. Tickets are sent to the e-mail address specified by the Customer when placing the order. PNL.center shall continue to deem the e-mail address, specified by the Customer, to be correct until the Customer has informed PNL.center of a new e-mail address.
5.b. Tickets sale online shall stop 8 hours prior to the scheduled time of start of the Event, or in a case of an Event with air transportation - 14 /fourteen/ days prior to the date of the event, provided any sales carried on beyond this deadline are on sole risk and discretion of the Event Holder, and are not covered by the Refund Policy of PNL.center for purchases from the platform.
6 Cancelled or rescheduled Events
6.a. It is the Customer’s responsibility to check whether an Event has been cancelled or rescheduled and to ascertain any new details of the same. Although PNL.center shall undertake efforts to inform the Customer of a cancellation after it has received the information required from the Event Holder, PNL.center cannot guarantee that the Customer shall be acknowledged of the cancellation prior to the date of the Event. PNL.center shall not be responsible for any costs incurred in this regard.
6.b. If the Customer has taken out cancellation insurance, the additional conditions of this cancellation insurance shall apply to the Contract.
6.c. Tickets for rescheduled Events shall remain valid for the replacement Event. For more information in this regard, the Customer can contact PNL.center for further details. If an Event is rescheduled to start with revised time up to 6 hours from original schedule – Customer shall accept the change. If rescheduling is with more than 6 hours – Customer is free to cancel its reservation/booking without sanctions and PNL.center’s Refund Policy would apply.
7.a. The Tickets distributed by PNL.center remain the property of the Event Holder and in respect of air transport – to the aircraft operator, where the ticket forms formal contract between the Customer and the aircraft operator. The Customer may not resell Tickets.
7.b. Following the receipt, the Customer must check the Tickets, since errors cannot always be corrected. Tickets may not be exchanged or refunded after they have been purchased, except in case of cancellation of event or rescheduling beyond the given lock date and time and yet if not used.
7.c. Special requirements, such as reserving places or seat, wheelchair, catering requirement or other must be clearly communicated in good time upfront the lock date and time. PNL.center cannot give any guarantee whatsoever that special requirements can be met.
8 Refund Policy
8.a. In case of cancellation of an event or rescheduling not falling within the lock date and time limits and yet not been accepted and used by the Customer, the same is entitled to a refund of the price paid, less any service and administrative fees and beneficiary’s bank fees, if any.
8.b. Refunds are made to the same account the payment has been served to PNL.center from within 14 days from the date of the Event.
8.c. PNL.center serves refunds only to Customers who/which bought tickets from the platform.
8.d. Other compensations, including Passenger’s liability (EU261) concerned with air transportation, are subject to Event Holder’s and aircraft operator’s General Terms and conditions, Conditions of carriage and respective limitations of liability and responsibility of each party accordingly.
9 Intellectual and industrial property rights
9.a. The intellectual and industrial property rights vested in Tickets of PNL.center are owned by PNL.center or its beneficiary. The Customer must refrain from conduct, that is potentially detrimental to the rights or other interests of PNL.center or its beneficiary in this regard.
9.b. The Customer may not remove any indication concerning copyrights, brands, trade names or other intellectual or industrial property rights from the Ticket or alter any such indication or alter the form of the Ticket or any of its other features in any way whatsoever.
9.c. The Customer may not forge or make copies of Tickets or reproduce them in any way whatsoever.
9.d. The Contract shall not entail the transfer of any intellectual property right from PNL.center to the Customer.
10.a. The Customer is deemed to have taken note of PNL.center’s privacy statement, which can be consulted on the website, and to agree to the way in which personal data provided by the Customer is processed as described in the aforesaid statement.
11.a. PNL.center can not be regarded as the organizer (Event Holder) of the Event and is not responsible for and does not warrant the quality and content of an Event, nor the course of business in or with respect to the Event and accepts no liability on this basis.
11.b. With the exception of the other provisions pertaining to liability in these General Terms and Conditions, PNL.center’s total liability by reason of an attributable failure to perform or due to a wrongful act shall be limited to compensation for direct damage up to a maximum of the amount that has been or could be charged to the Customer by virtue of the Contract concerned.
11.c. In all cases, PNL.center shall only be liable by reason of an attributable failure to perform a Contract if the Customer or Event Holder has promptly and properly given PNL.center notice of default in writing and set a reasonable term for the breach to be remedied and an attributable failure on the part of PNL.center to meet its obligations continues to apply after the term referred to has ended. The notice of default must contain a description of the failure that is as complete and detailed as possible to enable PNL.center to respond adequately.
11.d. The Customer indemnifies PNL.center against all claims of third parties pertaining to a failure on the part of the Customer or the Event Holder to meet any obligation towards PNL.center, whether or not it arises from the General Terms and Conditions, or a failure to meet such an obligation to a sufficient degree.
11.e. Any right to compensation shall always be conditional on the Customer reporting the damage to PNL.center in writing as soon as possible following its occurrence.
11.f. PNL.center may never be held liable for any form of damage to or loss of a Ticket whatsoever. In the event of loss or theft, the Customer may not claim a replacement Ticket, or the refund of any amount paid. PNL.center shall likewise not be liable for incorrect delivery of Tickets if incorrect delivery cannot be attributed to PNL.center.
11.g. PNL.center does not in any way whatsoever accept liability for Tickets acquired by the Customer from third parties. In addition, PNL.center cannot guarantee the authenticity of such Tickets nor the delivery of the service/product.
11.h. PNL.center may not in any way whatsoever be held liable for any damage suffered by the holder of a Ticket as a result of acts or omissions on the part of third parties.
11.i. Both the Event Holder and the Customer shall indemnify and hold PNL.center harmless in respect of all liability, costs, claims, demands, suits, judgments or actions including all costs and expenses of any defense unless caused by PNL.center’s willful misconduct or gross negligence.
12 Force majeure
12.a. Force majeure is taken to mean any failure of performance that cannot be attributed to PNL.center because it is blameless in the matter and cannot be blamed in terms of the law, a legal act or generally accepted standards.
12.b. Without prejudice to its other rights, PNL.center has the right in the case of force majeure, at its own discretion, to suspend performance of the Customer’s order or to terminate the Contract with either or both the Customer and/or the Event Holder, without judicial intervention being required, by informing the Customer and/or the Event Holder respectively of such action in writing and without PNL.center being obliged to pay any compensation unless such action is unacceptable according to principles of reasonableness and fairness in the given circumstances.
13 Applicable law and competent court
13.a. These General Terms and Conditions and its form of contract between the parties is governed by, and construed in accordance with the Bulgarian law and in compliance with the international (aviation) laws. All disputes, arising out of these General Terms and Conditions and its form of contract, or relating to its interpretation, fill of gaps, invalidity, performance and termination, as well as its adaptation to new circumstances, will be settled by the Arbitration Court at the European Institution of Mediation and Arbitration (ac-eima.org), headquartered at 16 Sveta Nedelia Square, 3rd floor, Sofia, Bulgaria, in compliance with its Rules related to cases, which are based on arbitration agreements. Any awards of the same shall be without protest, final and binding for the parties concerned.
14.a. For contact with PNL.center – e-mail address office@PNL.center to be used;
14.b. Any correspondence with PNL.center by means of e-mail is considered part of the non-formalized contract or the Service contract between the parties and has the form of original;
14.c. Admission, access procedures and measures for a given event depend on the event specifics and for particular terms Customer is required to get accustomed with the same in advance checking the General Terms and conditions of the Event Holder or its supplier/servicer/subcontractor.