17. Any application filed for changing or getting a refund for tickets shall not be accepted, and tickets shall not change or be refunded, if visitors make offensive and disregarding statements about the Concert Promoter and/or other persons’ honour, dignity, and business reputation in such application or correspondence regarding it, or they contain threats of physical or other illegal violence against them, and in other cases when visitors clearly and unambiguously abuse their rights.
In such cases, persons who sent their application
*by e-mail - should be given the following response to the same e-mail address. For example: "Dear …!
We hereby terminate any correspondence with you for the following reason: …(reason required).”;
*in person (personal delivery) – will be given oral explanations about termination of interactions with reason;
*by post – will not be given any response, if no e-mail address is provided. If an e-mail address is provided, a response regarding termination of correspondence will be sent to such address. For example, "Dear …!
We hereby terminate any correspondence with you for the following reason: …(reason required).”.
No interaction regarding the specified application shall be renewed. If a new application for change or refund of tickets is filed, it shall be considered a in accordance with these Rules.
18. If an application for change or refund of tickets is accepted and there are no circumstances listed in sub-clauses 13, 16 and 17 hereof, visitors may, as agreed upon with them, accordingly:
*get a ticket or voucher issued for one concert of the Concert Promoter. By order of the Concert Promoter, the ticket or voucher may be issued by authorised agents or sub-agents. The ticket or voucher shall be filed in an electronic format to the email address provided by visitors in the application for change or refund of tickets;
* get a refund of an amount equal to the cost of tickets using the bank card number or account details specified in the application for refund of tickets. Upon instructions from the Concert Promoter, the tickets or vouchers may be issued by authorised agents or sub-agents.
The Concert Promoter shall notify visitors of its decision made in the manner provided for in paragraphs 8-11 of clause 13 hereof.
19. If the Concert Promoter decides to cancel (postpone) a concert and refund all tickets purchased for the cancelled concert, no application for change or refund of tickets shall be required, if the tickets were purchased through a bank.
If the tickets were paid in cash, they shall be refunded upon submission of a duly executed application for change or refund of tickets in the manner established herein.
20. If the Concert Promoter decides to refund the cost of tickets, the following rates for refunding tickets shall be established:
a) 100% of the cost, if the tickets are returned by visitors 10 or more days before the start of the entertainment event (the concert for which the tickets were purchased),
50%, if the tickets are returned by visitors 5-10 days before the start of the entertainment event (a concert for which the tickets were purchased),
30%, if the tickets are returned by visitors 3-5 days before the start of the entertainment event (a concert for which the tickets were purchased).
The number of days shall be calculated in calendar days from the date of filing a duly executed application for change or refund of tickets together with documents attached thereto that are listed in clause 10 hereof;
b) 100% of the cost, if the tickets are returned by visitors no later than 14 days from the concert date in case of illness of visitors.
The number of days shall be calculated in calendar days starting from the last day of the event, and if the ticket grants the right to enter the event on certain days, from the last day of the event for which the ticket grants the right.
In accordance with paragraph 5 of clause 10 hereof, a document that supports the visitor’s illness on one of the days of the entertainment event for which a ticket was purchased should be attached to the application;
c) 100% of the cost, if the tickets are returned due to the cancellation or rescheduling of concert.
21. The period for sending responses to the visitors and making decisions stipulated by sub-clauses 13, 16-20 hereof shall be 10 calendar days from the date of their receipt (acceptance).
The period for refunding the cost of tickets:
a) if the Concert Promoter decides to cancel (reschedule) the concert and refund the cost of all tickets purchased for the cancelled concert – within 10 working days from the date of the decision to cancel (reschedule) the concert and refund the tickets, if the tickets were purchased through a bank;
b) in other cases, if the Concert Promoter makes decisions on a refund, on an individual basis, within a reasonable period established by the Concert Promoter.
The periods for refunding the cost of tickets may be changed by the Concert Promoter where there are good grounds established by law, including force majeure circumstances, other rules on change or refund of tickets in the absence of other obstacles to this effect.
22. The provisions of sub-clauses 13, 16-21 hereof shall not be applied, and no tickets shall be changed or refunded if tickets are marked as "non-refundable".
If there exist valid reasons confirmed by additionally submitted documents, the Concert Promoter shall have the right to bend the rule stipulated in paragraph 1 of this clause and change or refund the cost of tickets on an individual basis.
The provisions of this clause shall not apply if a concert is cancelled or rescheduled.
23. Visitors who have been refused a change or refund for their tickets shall be entitled to appeal such a decision. For this purpose, they shall file a complaint using a website's complaint form
https://parklive.world/ on the Internet information and telecommunications network, setting out the arguments which, in their opinion, indicate a change or cancellation of such a decision. The complaint can be supplemented with additional documents that support the arguments made in it.
Compliance with the Rules, as well the presence of valid reasons for the cancellation or change of the decision, shall be established upon consideration of the complaint.
The complaint shall be considered by a person authorised by the Concert Promoter within 10 (ten) working days, after which a decision to dismiss the complaint or to change or cancel the Concert Promoter’s decision should be taken.
24. In addition to the implementation of the algorithm provided herein, the Concert Promoter shall prevent visitors’ correspondence from being ignored. The Concert Promoter shall delve into the details of messages received and give clear and kind responses as quickly as possible.
25. The claims received shall be considered in accordance with the procedure established for the consideration of applications for change or refund of tickets, including cases where visitors submit separate applications and separate claims.
26. Applications for change or refund of vouchers for several of the Concert Promoter’s concerts, which have been purchased for cash (not as a result of ticket change) shall be considered in accordance with the procedure established for the consideration of applications for change or refund of tickets. For the purposes of these Rules, the legally valid visitor shall attend the first concert based on the specified subscription or filing applications for change or refund of tickets related to the performance of the first concert that the visitors indicated in their applications.
The subscription shall be changed or refunded in full upon termination of its validity, regardless of the number of concerts.
27. Unless otherwise provided by the Rules, no other communications outside a website's form
https://parklive.world/ on the Internet information and telecommunications network shall be carried out.
28. These Rules also apply in case of a change of venue and technical problems during the concert. In this regard, the consumer is warned of such a possibility and agreed to it when purchasing a ticket.
29. A concert ticket, regardless of the method of its sale, shall be deemed valid only if it contains:
*a reference to these Rules posted on the website https://parklive.world/ on the Internet information and telecommunications network,
*a reference to the form for submitting visitors' requests established on the website https://parklive.world/terms-refunds on the Internet information and telecommunications network,
*an indication that all disputes with visitors shall be resolved by District Court No. 2 of the Almaly District of Almaty, the Republic of Kazakhstan, or by another similar court, and that the applicable law shall be the law of the Republic of Kazakhstan,
*an indication that agents (sub-agents) are not persons authorised to consider or resolve visitors' requests.
30. If the Concert Promoter, on its own or through agents and sub-agents (ticket operators), sells tickets in a state other than the place of the concert (a foreign state), the tickets offered for sale in the territory of such a foreign state shall be sold as part of promotions, provided that the ticket is marked accordingly.
Terms of promotions:
*all tickets sold as part of promotions are non- refundable,
*other terms of the promotion shall be determined by the Concert Promoter and (or), upon its instructions, by the ticket operator, and shall be posted on the website https://parklive.world/ on the Internet information and telecommunications network or on any other website whose address is
indicated on the ticket.