Public offer agreement
On the sale of tickets for the cultural and entertainment event Atlas Festival 2026
1. DEFINITIONS
1. In this document, the following terms are used equally in the singular and plural (unless otherwise follows from the meaning of the term and/or definition) in the following meanings:
1.1. Agent — a legal entity or a physical person-entrepreneur authorized to act on the basis of concluded agreements with the Event Organizer for the processing and sale of Tickets for the Event.
1.2. Wristband — a means of identifying the Visitor, issued in exchange for a Ticket at the Event's control point, granting the right to multiple entry/exit (if provided for by the ticket category) during the duration of the Event.
1.3. Electronic Ticket (Ticket) — a document generated using the automated System of the Event Organizer on an electronic medium, certifying the Buyer's right to view and listen to the Event, containing a barcode, order number, information on the name, date, time, venue of the Event, cost of the visit service, and the amount of the Service Fee (if applicable), as well as additional legal or technical information.
1.4. Order — one or more Tickets for one Event selected by the Buyer from the System.
1.5. "Event" — a cultural and entertainment event to be held at: Kyiv, 36A Stepana Bandery Ave, Blockbuster Mall, attendance at which is possible only after presenting an Electronic Ticket.
1.6. Ticket Recipient — a physical person authorized by the Buyer to receive the Ticket purchased by the buyer, as well as the person possessing the right to exchange the Ticket in accordance with the terms of this Offer.
1.7. Event Organizer — "Your Best Festival" LLC (ТОВ «Твій найкращий фестиваль»), legal address: 04053, Kyiv, 37-41 Sichovykh Striltsiv St, email: info@atlasweekend.com.
1.8. Offer — this agreement for the sale of tickets for cultural and entertainment events (Public Offer), published at the electronic address https://atlasfestival.com/.
1.9. Buyer — a physical or legal person using the Agent's services for the processing and purchase of Tickets under the conditions of compliance with this Offer.
1.10. Service Fee — funds paid by the Buyer for the Agent's services in booking, processing, and sending the Ticket, which are not included in the nominal price of the Ticket and are non-refundable in case of Event cancellation.
1.11. System — an automated information system (software complex) designed for Ticket sales, consisting of the web portal https://atlasfestival.com/ and an internal office business process automation system that records and stores all ticket operations and ensures the uniqueness of the ticket number when filling out the ticket form.
1.12. Point of Sale — the Event Organizer's website on the Internet for ticket sales.
2. GENERAL PROVISIONS
2.1. This Offer regulates the terms and procedure for the sale of Tickets, as well as the rights and obligations arising in this regard for the Agent and the Buyer.
2.2. The sale of Tickets to the Buyer is carried out exclusively on the terms of this Offer and only in the case of full and unconditional acceptance of the terms of this Offer by the Buyer (acceptance of the Offer). Partial acceptance, as well as acceptance on other terms, is not permitted.
2.3. If the Buyer does not accept the terms of this Offer in full, the sale of Tickets is not performed. Tickets purchased by the Buyer cannot be returned, including in cases of the Buyer's refusal based on disagreement with the terms of this Offer after acceptance of its terms and payment for the Ticket. Refunds for Tickets purchased by the Buyer are possible only in the manner and on the terms established by this Offer.
2.4. When Tickets are purchased from the Agent by a legal entity or a physical person-entrepreneur, payment for the Tickets is made only by transferring funds to the Agent's current account based on an invoice issued by the Agent.
2.5. This Offer enters into force from the date of its placement on the Event Organizer's website and remains valid for three years from the date of the completion of the event.
3. SUBJECT OF THE OFFER
3.1. The subject of this Offer is the provision of services to the Buyer for the sale of Tickets for the Event (hereinafter referred to as the Services).
3.2. The Agent is not responsible for the actions of the Event Organizer and/or third parties selling Tickets acting in their own name and/or on behalf of the Event Organizer, nor for the organization and the fact of the Event taking place.
3.3. In accordance with the provisions of the Law of Ukraine "On Protection of Personal Data" No. 2297-VI dated 01.06.2010, the Buyer acknowledges and agrees to provide the Agent and the Event Organizer with their personal data, as well as the personal data of third parties specified by the Buyer, which may be provided to the Agent and the Event Organizer during the processing/replacement/return of a Ticket (Order), including: surname, name, contact phone number, address, and email address. The processing of the Buyer's personal data is carried out in accordance with the legislation of Ukraine. The Buyer grants the Agent and the Event Organizer the right to process their personal data in connection with the provision of Services defined by this Offer, including for the purpose of the Buyer receiving promotional messages about the event for which tickets are being sold by the Agent. Since the processing of the Buyer's personal data is carried out in connection with the performance of a contract concluded on the terms of this Offer, the Buyer's consent for the processing of their personal data is not required. The term of use of the provided personal data is indefinite. The Buyer guarantees and is responsible for ensuring that the data specified in the Order are voluntarily provided by them and third parties during the processing of the Ticket, and all such persons are familiar with and agree to the Offer.
4. ACCEPTANCE RULES
4.1. This offer is considered the primary document in the official relationship between the Buyer and the Agent regarding the purchase and sale of Tickets. The Buyer's acceptance of this Offer is carried out by the sequential performance of the actions specified in clauses 4.3 and 4.4 of this Offer (acceptance of the Offer). The acceptance of this Offer by the Buyer is performed voluntarily and is equivalent to concluding a written contract (Clause 2 of Art. 642 of the Civil Code of Ukraine).
4.2. Prior to performing the acceptance of the Offer, the Buyer must be sure that all terms of this Offer are clear to them and that they accept them unconditionally and in full.
4.3. Acceptance of this Offer by the Buyer is carried out by sequentially performing the following actions:
a) accessing the Event Organizer's website;
b) selecting the Ticket category/categories from those available at the time of the Buyer's request;
c) familiarizing themselves with the terms of this Offer;
d) familiarizing themselves with the age restrictions of specific Events, as well as providing a contact phone number, email address, and the surname and name of the Electronic Ticket Recipient.
4.4. After performing all actions specified in clause 4.3 of this Offer, the Buyer makes payment for the Order using the Liqpay payment system via a direct link from the Event Organizer's website.
4.5. After making the payment for the Order, the Buyer receives the Electronic Ticket at the specified email address and independently prints the Electronic Ticket or saves the Electronic Ticket into the memory of a technical (mobile/telephone) device belonging to the Buyer.
5. PAYMENT PROCEDURE
5.1. The Buyer has the right to make payment for Tickets using an acquirer or payment system specified on the Event Organizer's website.
5.2. Payment is recognized as performed by the Buyer at the moment of confirmation of a successful transaction by the bank or payment system.
5.3. When paying for the Order with a bank card on the Event Organizer's website, the Buyer is obliged to use a bank card issued in the name of the Buyer.
5.4. An Electronic Ticket can be received by the Buyer only on the condition of forming the Order independently by the Buyer directly on the Event Organizer's website and paying for the order only by bank card or another non-cash method, information about which is provided on the Event Organizer's website.
5.5. After paying for the Order according to clause 5.2 of this Offer, the Order is considered sold, and the Buyer gains the right to access the Event.
5.6. In case of non-payment or partial payment, the Order is considered unsold and is canceled.
6. REFUNDS
6.1. In accordance with the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII dated 12.05.1991 (as amended) and the Instructions for Ticket Management in Theater and Entertainment Enterprises and Cultural and Educational Institutions, approved by the Order of the Ministry of Justice of Ukraine No. 452 dated 07.07.1999, refunds for event tickets are carried out by the Event Organizer only in cases of the event's cancellation (annulment).
In the event of the Event being rescheduled due to circumstances resulting from martial law or circumstances related to the full-scale aggression of the Russian Federation against the territory of Ukraine, the return of tickets may be carried out exclusively by the decision of the Event Organizer. If the Event Organizer decides to reschedule the event for the reasons specified in this clause, the tickets will remain valid for the new dates of the Event.
For the purposes of this Offer, the suspension of the Event, changes to the performance schedule, or an interruption in its holding caused by the announcement of an air raid alert, threat of artillery shelling, use of electronic warfare (EW) systems, or other safety factors related to the military aggression of the Russian Federation, are considered force majeure circumstances. Such circumstances do not constitute a cancellation of the Event and do not impose an obligation on the Organizer or the Agent to return the nominal value of the Ticket or reimburse any other expenses of the Buyer. In case of rescheduling the Event due to these circumstances, the Tickets remain valid for the new dates of the Event.
The Event Organizer refunds only the nominal price of the ticket to the Buyer; the cost of additional services charged by the bank or payment system, the Event Organizer, or the Agent is not refunded.
The Agent bears no responsibility for the timeliness and completeness of the refund of funds to Buyers by the Event Organizer.
6.2. Procedure for refunding funds to the Buyer (subject to compliance with the rules defined in clause 6.1 of the Offer):
6.2.1. Refunds to the Buyer occur after the Buyer provides an application for a refund and full information to the Event Organizer's email address. Full information consists of: electronic tickets, a receipt of successful payment, the registration number of the taxpayer's account card according to the State Register of Individuals – Taxpayers (TIN/IPN) of the person, as well as a copy of an identity document.
6.2.2. Refunds are made within 10 (ten) working days from the moment of the Buyer's request.
6.2.3. Tickets for which a refund application has been submitted are canceled.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Buyer has the right to:
7.1.1. Refuse the purchase of a Ticket from the Agent until the moment of payment for the Order in accordance with the terms provided for by this Offer. Such refusal will entail the termination of all the Agent's obligations toward the Buyer.
7.2. The Buyer is obliged to:
7.2.1. Familiarize themselves in detail with all the rules for purchasing Tickets and the terms of this Offer and accept them when purchasing a Ticket, as well as all additional rules governing the relationship of the Parties in accordance with this Offer.
7.2.2. Provide true, accurate, and complete information about themselves when placing an Order. The Buyer acknowledges that they bear full responsibility for the data provided to the Agent or the Event Organizer. The Buyer acknowledges that they have no claims against the Agent or the Event Organizer for an incorrectly processed Order by the Buyer using the Event Organizer's website, as they did not ensure its correctness during the processing.
7.2.3. Pay the full cost of the processed Order before processing the next Order.
7.3. The Agent and the Event Organizer have the right to:
7.3.1. Require the Buyer to comply with the entire procedure for processing/paying for the Order according to the rules set out in this Offer. Require full payment of the Ticket from the Buyer before completing the sale of the Ticket.
7.3.2. In the event of the Buyer's refusal to accept this Offer on the terms set forth therein, refuse the sale of a Ticket and the provision of Services to the Buyer. In case of the Buyer's non-compliance with any clause of the Offer, refuse further provision of services.
The Event Organizer has the right to:
7.3.3. At any time, perform modifications to any software of the Event Organizer's System, including the website, suspend the operation of software tools ensuring the website's functioning upon detection of significant malfunctions, errors, or crashes, as well as for preventive maintenance and prevention of unauthorized access to the website.
7.3.4. Establish and change the cost of the Ticket for its Services unilaterally and at any time.
7.3.5. The Organizer has the right to conduct photo, video filming, and audio recording of the Event. By accepting the terms of this Offer, the Visitor provides unconditional consent to the use of their image and voice in promotional, reporting, and other materials of the Organizer without payment of remuneration and without limitation by time or territory.
7.4. The Event Organizer is obliged to:
7.4.1. Provide the Buyer with a Ticket for the Event in accordance with the Order paid for by the Buyer.
7.4.2. Not use the Buyer's personal data for unauthorized distribution of materials unrelated to the processing of the Order.
8. LIABILITY
8.1. In case of non-performance or improper performance of their obligations provided for by this Offer, the Parties bear responsibility in accordance with the legislation of Ukraine and the terms of this Offer.
8.2. The Agent's liability to the Buyer is limited to the function of organizing and implementing interaction between the Event Organizer and the Buyer for the purpose of Ticket sales.
8.3. The Agent is not responsible to the Buyer for the refund of funds for Tickets purchased by the Buyer in case of cancellation, replacement, or rescheduling of the Event, nor in case of the Buyer's refusal to attend the Event before it begins. Responsibility for refunding funds to the Buyer in case of cancellation, replacement, or rescheduling of the Event, as well as in case of the Buyer's refusal to attend the Event before it begins, rests with the Event Organizer.
8.4. The Agent is not responsible for the non-compliance of the provided Services with the Buyer's expectations and/or their subjective evaluation:
- non-compliance of the Event with the Buyer's expectations,
- for the lineup of artists/actors participating in the Event,
- for improper performance by the Event Organizer of its obligations to provide reliable and timely information about the entertainment event,
- for the proper and timely public display of the Event,
- for the results of intellectual activity and/or means of individualization, informational and/or promotional materials (photographs, drawings, etc. (works), other objects of copyright, related, and/or patent law) transferred to the Agent by the Event Organizer for the purpose of announcing the entertainment event by the Agent and selling tickets for such Events, which may violate the copyright and/or related and/or intellectual rights of third parties. From the moment of the Buyer's purchase of the Ticket, all rights and obligations regarding tickets arise directly between the Event Organizer and the Buyer.
8.5. The Buyer assumes all possible commercial risks associated with their actions in making errors and inaccuracies in the personal data provided by them.
8.6. The Agent is not responsible for any losses and moral damage incurred by the Buyer as a result of an erroneous understanding or misunderstanding of information about the procedure for processing/paying for the Order, as well as the receipt and use of Services.
8.7. The Parties are released from liability for full or partial non-performance of their obligations under this Offer if such non-performance was the result of force majeure circumstances. During this time, the parties have no mutual claims, and each Party assumes its own risk of the consequences of force majeure circumstances.
8.8. The Agent is not responsible for the operability and/or security of information communication channels used by the Buyer to access the Event Organizer's website, the bank, or the payment system, nor for the preservation of information, including the Electronic Ticket received by the Buyer in accordance with the terms of this Offer.
8.9. All claims or lawsuits related to this Offer must be filed in writing within 10 (ten) calendar days from the date the grounds for such claims or lawsuits arose. After this period, claims will not be considered by the Agent or the Event Organizer.
8.10. The Buyer (Visitor) is responsible for complying with the rules of public order and safety on the territory of the Event. The Organizer has the right to cancel the Wristband and remove the Visitor from the Event territory without a refund of the Ticket price in case of violation of the Event rules, being in a state of severe intoxication, or aggressive behavior.
9. SPECIFIC PROVISIONS REGARDING TICKETS (ELECTRONIC TICKETS)
9.1. When purchasing an Electronic Ticket, the Buyer in any case undertakes to provide their valid email address, phone number, and also specify the surname and name of the Ticket Recipient (in specific cases, passport data if there are such requirements according to the Laws of Ukraine and/or the Event Organizer). In case of failure to provide such information (valid email address, phone number, surname and name of the Buyer and the Ticket Recipient, passport data), as well as in case of providing false or invalid information, the Agent is entitled to refuse the Buyer the purchase of an Electronic Ticket.
9.2. The Buyer accepts and agrees that they bear full responsibility for providing a false or invalid email address.
9.3. An Electronic Ticket is sent to the Buyer's email address only on the condition of the Buyer's compliance with the terms of this Offer regarding the payment of the Electronic Ticket's cost.
9.4. The Buyer is obliged to independently and at their own expense print the Electronic Ticket. When printing the Electronic Ticket, the Buyer must ensure the proper quality of the print. In case of non-performance or improper performance of the obligation established by this clause, the Buyer bears full responsibility for such actions (inaction). The Agent is not responsible for any losses arising for the Buyer in case of violation of the terms of this clause, due to the fact that the Agent is not a party to the contract for the provision of services related to the holding of the Event.
9.5. The Buyer is independently responsible for the preservation and protection of the Electronic Ticket from copying. In case of copying the Electronic Ticket, access to the Event will be granted to the ticket that was presented first.
10. DISPUTE RESOLUTION
10.1. Disputes arising during the performance of the contract under the terms of this Offer are resolved with mandatory compliance with the claim procedure. A claim is submitted to the Event Organizer in writing with the attachment of documents justifying the proposed demands, within a period of no more than 10 (ten) calendar days from the date of the cause of the dispute. A received claim is considered by the Event Organizer within a period of no more than 10 (ten) calendar days.
10.2. If an agreement cannot be reached, the arising disputes are subject to consideration in the manner provided for by the current legislation of Ukraine.
10.3. For all other issues not provided for by this Offer, the Parties are guided by the current legislation of Ukraine.
11. DURATION OF THE OFFER, OTHER CONDITIONS
11.1. This Offer enters into force from the date of its placement on the Agent's website and remains valid for the period specified therein. The provisions of this clause also apply to additions (changes) to this Offer.
11.2. The contract is considered concluded from the moment of acceptance of the Offer by clicking the "Proceed to payment" button and remains in effect until the complete performance of obligations under this Contract by the Parties.