Upfan Upfan

Terms

Upfan, s. r. o.

with its registered office at Karpatské námestie 10A, 831 06 Bratislava - Rača, Slovak Republic, ID No.: 56 322 551, registered in the Commercial Register of the Municipal Court of Bratislava III, Section: Sro, Insert No.: 179257/B, which regulate the mutual relationship between the Ticket/Passholder or User of the website https://upfan.io and Upfan, or the Organiser on whose behalf Upfan acts in the sale of Tickets and Passes (hereinafter referred to as the "GTC").

1. Definitions of terms

  1. Application means the Upfan mobile application available for download in the AppStore and Google Play.
  2. Price means the purchase price of a Ticket or Pass, which Owner must pay before receiving them.
  3. Owner means a natural person - a consumer, over 18 years of age, who purchased the Ticket or Pass.
  4. Civil Code means Act No 40/1964 Coll., the Civil Code, as amended regulations.
  5. Season Ticket means a bulk Ticket allowing the Holder to enter the several or all Events organised by the Organiser within the one season.
  6. Event means a public event of a sporting, cultural or other social event, for which tickets are sold, season tickets and which is organised or hosted by the Organiser.
  7. System means an information and reservation system having the nature of a computer program operated by Upfan for its website https://upfan.io/, which enables the distribution, booking and sale of Tickets for Events, as well as other activities related to the organisation of these Events, namely via the Internet.
  8. Upfan means the commercial company Upfan, s. r. o., with its registered office in Karpatské námestie 10A, 831 06 Bratislava - Rača, Slovak Republic, ID No: 56 322 551, registered in the Commercial Register of the Municipal Bratislava III, Section: Sro, Insert No.: 179257/B, e-mail address: info@upfan.io, which is the operator of the Application and the System.
  9. Organiser is a legal person organising, operating or organising Event, which is in a contractual relationship with Upfan enabling Upfan to arrange the sale of Tickets and Passes for Events and the performance of related activities within the meaning of contract.
  10. User means a natural person - consumer, over 18 years of age, who creates a profile in the System available on the website https://upfan.io or in the mobile Application in order to purchase Tickets or Passes to the Organiser's Events.
  11. Ticket means a ticket and a receipt allowing its Holder to enter the the Event specifically listed on the Ticket, for which it has been purchased, and may not be used for any other Event.
  12. Organiser's website means a website operated by the Organizer, where they publish information about Events they organize or host, and which Upfan may reference or link to when promoting a specific Event.
  13. Consumer Protection Act means Act No. 108/2024 Coll. on Consumer Protection and on Amendments and amendments to certain acts.
  14. Credits prepaid electronic value linked to the User's account in the System, which is used to pay for the Ticket Price or other products in the Upfan environment. The face value of one (1) Credit is not fixed and may vary depending on the setup of the particular Organiser for whom the Credits are purchased. Credits are not electronic money within the meaning of Section 1(1)(c) of Act No. 492/2009 Coll., are not an investment instrument and do not constitute a claim against Upfan payable in cash. Credits cannot be exchanged back for money and are non-transferable between different organisers and seasons unless explicitly stated otherwise.

2. General provisions

  1. These GTC govern the mutual rights and obligations of Upfan and the User/Owner arising in connection with or by virtue of the use of the services provided through the Application or the System and arising in connection with or by virtue of the purchase of a Ticket or Pass by the Owner through the Application or the System.
  2. These GTC govern the process and terms and conditions of registration on the System and the Upfan App, the process and terms and conditions of use of the services provided through the System and the Upfan Application, the rights and obligations of the User and the Owner when using the Services, Complaint terms and conditions (including the Complaint Procedure), alternative dispute resolution for consumer disputes.
  3. Use of the services provided through the System and the Application is possible only after filling in the registration form and subsequent logging into the User's account, except for such online services whose technical nature does not require such registration and payment of the subscription fee.
  4. These GTC constitute the entire agreement between Upfan and the User/Owner and the User/Owner's acceptance and subsequent use of the Services constitutes the conclusion of an online service agreement between Upfan and the User/Owner.
  5. These General Terms and Conditions include Upfan's complaints procedure, issued in accordance with the relevant provisions of the Consumer Protection Act, through which Upfan informs consumers about the conditions and method for filing complaints, the procedures for submitting and handling complaints, claims, and consumer suggestions, including information on where a complaint can be submitted.

3. Contractual relationship

  1. Upfan, on the basis of a contract concluded with the Organiser, as an intermediary, provides the sale of Tickets and Passes for Events on behalf of the Organiser and, at the same time, receives funds from Users corresponding to the Ticket or Pass Price on behalf of the Organiser. By paying the Ticket or Pass Price, the Ticket Holder enters into a legal relationship directly with the Organiser of the selected Event in relation to the specific Event. The contract between the Organiser and the Ticket Holder is concluded for a definite period of time, until the Event takes place or the claims arising from it are settled. More detailed information on the Organiser's terms and conditions relating to a particular Event and the relationship between the Organiser and the Owner is available on the Organiser's Website, which Upfan refers to for information relating to a particular Event.
  2. The Organiser is responsible for the organisation, execution and modification of the Event. Upfan is not authorised by the Organiser to exercise any control over individual Events, nor does it have any influence on their conduct and the actual running of the Event, and therefore does not warrant or accept responsibility for their conduct, alteration or cancellation.
  3. Upfan publishes on the System and the Application the information about the Events provided by the Organiser and is not responsible for their accuracy and completeness.
  4. Upfan is the operator of the System and the Application and only provides Users/Owners with access to the services available therein.
  5. The conclusion of the contract for the provision of online services between Upfan and the User occurs by creating a user account (profile) by the User directly in the Upfan System or Application. By creating a user account, the User confirms that he/she has read these GTC.
  6. Upon conclusion of the contract between Upfan and the User according to the previous paragraph, these GTC become an integral part thereof and are binding for both parties.
  7. Costs incurred by the User when using remote means of communication in connection with the use of the System and the Application (e.g. internet connection costs, banking service fees) shall be borne in their entirety by the User.
  8. The User acknowledges that Upfan is not responsible for any errors in the transmission of data via communication means in connection with the use of the System and the Application.
  9. Upfan reserves the right to cancel the User's account (profile) in the following cases: Upfan has reasonable grounds to suspect that the data provided in the profile does not belong to the natural person who created the profile; The User does not use the profile in accordance with these GTC or uses the services provided through the System and/or the Application in violation of these GTC, good manners, behaves in a vulgar manner towards other Users/Owners or for other serious reasons; there is a technical error in the System or the Application.
  10. Upfan agrees to make available to the User the section of the System and the Application allowing temporary reservation and purchase of Tickets and Passes for the Events upon creation of a profile by the User, and the User agrees to pay the stated Price for the Tickets and Passes and to use the Tickets and Passes for his/her own use only.
  11. The User acknowledges that by entering into the Online Service Agreement, the User does not acquire any rights to use the trademarks, trade names or corporate logos of Upfan or other affected entities, unless otherwise agreed by separate contract in individual cases.

4. Booking and purchase of tickets, season tickets and credits

  1. Once the information about the Event has been published and the booking system has been opened, the User is entitled to choose a specific seat (ticket type) from the available options and to confirm his/her choice by adding the Ticket to the basket. The Ticket is reserved for 15 minutes. If the User fails to make payment within that time, the Ticket will be re-released to other Users, and Upfan shall not be liable to the User if another User purchases the Ticket after it has been released from the reservation.
  2. After completing and submitting an electronic order for the purchase of a Ticket or Pass via the System or the Application, the User will be redirected to the payment gateway of the provider Revolut Bank UAB for the purpose of payment of the Price by card, at which time the User will comply with the terms and conditions and the personal data processing policy (available at revolut.com) when using the payment gateway. Upon receipt of payment from the User, Upfan will immediately make the purchased Ticket or Pass available on the Application or System and will also send the User a confirmation of payment of the Price to the e-mail address provided by the User.
  3. The User is fully responsible for the truthfulness of the information provided in his/her profile. In the event that Upfan discovers that the data filled in is false or the profile is "fake", it reserves the right to delete it and prevent the User who created it from creating a new one.
  4. The User can purchase or top up Credits through his/her profile on Upfan by credit card via the Revolut payment gateway. Credits credited will immediately appear in the User's balance in the "Wallet/Credits" section. When purchasing a Ticket, the User can choose to pay either with Credits or with a credit card; combined payment is not possible.
  5. Credits always expire at the end of the season of the particular Organiser for which they were purchased. Unused Credits shall be forfeited to the Organizer upon expiration without refund.
  6. Credits are tied to a specific User Account and are not transferable to any other person or account. Credits do not earn interest or other monetary returns. Upfan does not deduct or collect special taxes or fees on Credits.

5. Rights and obligations of the owner

  1. The Owner is entitled to use the Ticket for a single admission to the Event for which it was purchased. If a Pass/Season Ticket is purchased, the Owner is entitled to single entry to all Events to which the Pass/Season Ticket relates. After leaving the area in which the Event takes place, the Ticket or the entry applied to the Pass/Season Ticket shall lose its validity.
  2. The Owner is entitled to use the services offered at the Event. The Owner is obliged to present a valid identity card at the request of the Organiser or persons authorised by the Organiser. By purchasing a Ticket or a Pass, the Owner becomes a contractual partner of the Organiser of the Event.
  3. The Owner is obliged to check the Ticket or Pass and the data on it immediately after payment of the Price and receipt of the Ticket or Pass and to immediately claim any errors in accordance with Article 7 of these GTC.
  4. Upfan is not responsible for the inability to present the Ticket or Pass upon entry to the Event due to a technical malfunction or battery failure of the Owner's device. In such case, the Owner is not entitled to request duplicate provision of the Ticket or Pass in another (e.g. printed) form.
  5. Upfan undertakes to inform the Owner immediately of any circumstances relating to the Event communicated to it by the Organiser, both via the System and the App. Upfan recommends that Owners follow these notifications and shall not be liable for any damages that Owners may incur if they fail to read or comply with such notifications.
  6. By presenting the Ticket/Pass upon entry to the Event, the Owner agrees to the instructions of the Organiser at the Event venue and the terms and conditions attached thereto and undertakes to abide by the same. The Organiser's instructions, the Organiser's service or the Event's operating regulations are either available on the Organiser's Website for the specific Event or published prior to entry to the Event. In the event of non-compliance, the Organiser shall be entitled to proceed in accordance with its instructions or the rules of the Event, e.g. also in the form of preventing further participation of the Owner in the Event without any form of refund of the Ticket/Pass Price and/or other damages to the Owner.
  7. Violation of these GTC by the User shall entitle the Operator to immediately interrupt and/or stop the provision of services through the Application and the System and to block the User's access to them. If the User's access is blocked due to a proven violation of the GTC, the validity and effectiveness of the contractual relationship between Upfan and the User, as well as the User's registration, shall automatically terminate on the date of such blocking of access, without prejudice to Upfan's claim for damages.
  8. The User agrees that Upfan may at any time inspect the User's use of the System and the Application to the extent and under the terms and conditions set forth in these GTC and verify compliance with them.
  9. The User shall protect the login credentials from loss, theft or misuse. At the same time, the User is obliged not to provide the login data to a third party, otherwise Upfan is entitled to block the User's profile and prevent the User from creating another one.
  10. Upfan has the right to temporarily shut down the System and the Application in justified cases without any notice and without giving any reason.
  11. In the case of purchase of a Ticket and/or Season Ticket/Pass, the Owner is not entitled to withdraw from the contract with the Organiser and to claim a refund of the Price, since under Section 19(1)(l) of the Consumer Protection Act, the consumer does not have the right to withdraw from a contract concluded at a distance in the case of services related to leisure activities, if the Organiser is to provide these services at a precisely agreed time or within a precisely agreed period, and the contract for the purchase of a Ticket/Season Ticket/Pass is deemed to be such a contract.
  12. The User is obliged to protect the login data to his/her profile; Upfan shall not be liable for any unauthorised use of Credits caused by neglecting this obligation.

6. Scope of services related to events

  1. Upfan is not the organizer, co-organizer or promoter of the Events and is in no way responsible for their execution, conduct or determination of the terms and conditions of participation in them. Upfan provides for the Organiser exclusively the intermediation of the sale of Tickets and Passes for the Events.
  2. Any services offered at the Event are not the services of Upfan. For individual Events, the general instructions of the Organiser of that Event, available on the Organiser's Website or at the venue of the Event, shall apply and the Owner is obliged to familiarise himself with these instructions.
  3. Upfan shall not be liable in any way for the content, nature, quality or other parameters of the Event or for any infringement of the Owner's rights in connection with the Event (e.g. cancellation). Any such claim is a claim by the Owner against the Promoter and Upfan is not authorised to settle such claims on behalf of the Promoter. Upfan therefore strongly advises Owners that any claim made against Upfan under this paragraph of the GTC will not be settled by Upfan or assigned to the Promoter and Upfan shall not be liable for any limitation of an Owner's claim due to its misapplication.
  4. Restrictions on the offer of services at Events and their use may occur due to force majeure circumstances beyond the control of the Organiser. The Organiser reserves the right to change the Event. In the event that there are serious reasons related to the limitation of the offered Event, the Organiser shall publish such information via the System and the Application, in addition to the Organiser's Website, while informing the Owners and those interested in the Event about the change, cancellation, alternative date of the Event, or the place and time of the refund of the entrance fee, as the case may be. The Owner shall not be entitled to any refund or reduction of the Ticket price if he/she has attended the Event or if he/she has used the proposed new date of the Event, nor shall he/she be entitled to reimbursement of any other expenses (transport to the venue of the Event, accommodation, meals, delivery of the Ticket, etc.).
  5. In the event of a change in the Event, e.g. a reduction in the scope of services provided, the funds representing the relevant part of the Ticket/Pass Price shall be refunded by the Organiser to the extent determined by the Organiser, unless otherwise determined by the Organiser. The place, time and method of refunding the relevant part of the Admission Fee shall be determined by the Organiser and communicated to the Ticket Holders via the System and the App in addition to the Organiser's Website. In the event that the change relates only to a change of venue and/or date of the Event, without any reduction or reduction in the scope of services provided, the Ticket Holder shall not be entitled to a refund of the Price or any part thereof.
  6. In the event of cancellation of the Event, the funds representing the Price shall be refunded by the Organiser to the Owner without undue delay after the Organiser has published notice of the cancellation of the Event. Owners are entitled to claim a refund of the Entry Fee within the time limit set by law. The place, time and method of refunding the entry fee shall be determined by the Organiser and communicated to the Owners via the System and the App in addition to the Organiser's Website. Upfan and/or the Organiser shall not be obliged to refund the Price to the Holders, either directly or through Upfan, nor to pay or provide any compensation to them in the event that the Event is cancelled for reasons caused by an unavoidable event not originating from the Organiser's and/or Upfan's operations (Art. 420a para. 3 of the Civil Code), in particular, but not limited to reasons on the part of the performers (e.g. deterioration of health, etc.), force majeure, natural disasters, adverse weather conditions or weather, strikes, demonstrations, wars, insurrections, riots, terrorist attacks or suspected terrorist attacks, or prohibitions of public events or the Event by any public authority, court or law, or for reasons on the part of the Owner (§ 420a para. 3 of the Civil Code), or for any other similar reasons set out in the Organiser's terms and conditions, all even if a replacement Event is not held on an alternative date in place of the cancelled Event.

7. Complaints procedure

  1. Any claim by a User who is a consumer shall be governed by these Complaints Regulations.
  2. The User has the right to claim liability from Upfan for defects in the purchased Tickets / Passes. A claim can be made to Upfan only during the validity period of the Ticket/Pass. No claim can be made after their expiry date due to use or expiry. A complaint can be sent to Upfan in writing to the address of Upfan's registered office indicated in the header of these GTC, or electronically to the e-mail address info@upfan.io.
  3. The complaint must contain a specific description of the fact complained of. It must be clear who and what Ticket/Season Ticket/Pass is being complained about and what is being claimed. The User shall also attach a copy of the proof of payment for the Ticket/Pass to the complaint.
  4. The User's right to make a claim with Upfan shall be extinguished by failure to provide proof of payment for the Ticket, by making a claim after the expiry of the validity period of the Ticket/Pass, by using the Ticket/Pass in violation of these GTC or in violation of generally binding legislation of the Slovak Republic.
  5. Upfan shall not be liable for malfunctions and/or failures of the System and the Application caused by technical, operational or other circumstances which it could not control or prevent even with the exercise of professional care, in particular for malfunctions caused by failure or unsuitability of the User's own technical equipment, for which the User is solely responsible, improper use of the User's technical equipment or use of the System and the Application, interruption of the local access or connection provided by the Internet connection provider, failure caused by a third party without the possibility of prevention or avoidance by Upfan.
  6. Upfan will investigate each claim and, if justified, shall take steps to remedy it.
  7. Upfan is also obliged to notify the User of its opinion on the subject of the complaint and, if it considers the subject of the complaint to be relevant, it shall inform the User without undue delay of its findings and the steps taken to remedy it and shall deal with the complaint within 30 days of receipt of the complaint.
  8. If the defect is remediable, the claim shall be handled free of charge, in a timely and proper manner, so that Upfan remedies the defect without undue delay. If it is a defect that cannot be remedied and that prevents the Ticket/Pass from being used properly without defect, Upfan will provide a new Ticket/Pass.
  9. The User has the right to contact Upfan for redress if he is not satisfied with the manner in which Upfan has handled his complaint or if he believes that Upfan has violated his rights.
  10. In the event of cancellation of an Event or Match, the Credits used will not be refunded.

8. Privacy policy

  1. The User/Owner, who is a natural person, acknowledges that Upfan collects and processes his/her personal data as a data subject in connection with the provision of services through the System and the Application, as well as in connection with the use of Upfan's website, pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation -- "GDPR"), the UK General Data Protection Regulation ("UK GDPR"), and Act No. 18/2018 Coll. on the Protection of Personal Data (hereinafter referred to as the "Personal Data Protection Act"). Information and instructions on the collection and processing of personal data are available here.
  2. The User/Owner also acknowledges that at the Events, video or audio-visual recordings may be made, or the identity of the Users/Owners may be checked, and that the Organiser is fully responsible for the processing of personal data in this respect and is obliged to publish information on the processing of personal data in an appropriate manner on the Organiser's website or at the venue of the Event.

9. Delivery of documents

  1. Unless otherwise specified in these GTC, all notices, invitations and other submissions between Upfan and the User which are required to be made in writing pursuant to these GTC or the generally applicable laws (hereinafter referred to as "Documents") shall be deemed to have been duly served on the other party if they are delivered to the other party by personal delivery to the addressee at the address set out in these GTC or in the User Profile or notified to the other party in any other relevant manner, by delivery by mail carrier, by courier service or electronically (by e-mail) to the electronic address indicated by the User in his/her user profile or indicated by the User in the order and, in the case of Upfan, to the address info@upfan.io.
  2. In case of personal delivery, the documents shall be deemed to have been delivered on the date marked on the acknowledgement of receipt of the written item by its addressee (e.g. acknowledgement of receipt on the copy of the delivered document), or on the date of refusal to accept the personally delivered document.
  3. Documents delivered by Upfan or the User by means of a postal carrier (hereinafter referred to as a "Parcel") shall be deemed to have been delivered to the addressee (or to the person authorised by him to receive the Parcel) on the date of receipt of the consignment, the date on which the addressee or the person authorised by him/her to receive the consignment refuses to accept the consignment, the day on which the consignment is deposited at the post office, the date on which the consignment is returned to the sender, if the addressee or the person authorised by him/her to receive the consignment could not be found at the address indicated in the profile or at the last known address.
  4. Letters delivered by courier service shall be deemed to have been delivered on the date indicated in the delivery confirmation or on the date of refusal by the addressee to accept the document being delivered.
  5. Documents delivered electronically (by e-mail) shall be deemed to have been received on the next working day following the day on which the e-mail message was demonstrably sent.
  6. Each Party shall notify the other Party of any change in its address for service and e-mail address immediately after such change has occurred.

10. Alternative dispute resolution for consumer disputes

  1. Disputes arising between Upfan and the User in connection with the provision of services through the System and the Application shall be preferably settled by agreement in order to reach an amicable resolution of the dispute.
  2. A user who is a consumer has the right to contact Upfan for redress if he is not satisfied with the way Upfan has handled his complaint or if he believes that Upfan has violated his rights. The User has the right to submit to the Alternative Dispute Resolution entity a proposal to initiate an Alternative Dispute Resolution in accordance with the terms of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts (hereinafter referred to as the "Act on Alternative Dispute Resolution of Consumer Disputes"), in the event that Upfan has responded to the User's request for redress in a negative manner or has not responded to it within 30 (thirty) days from the date of sending the request for redress.
  3. The filing of an application for alternative dispute resolution shall not affect the User's right to assert his/her rights in the competent court.
  4. The list of alternative dispute resolution entities is published on the website of the Ministry of Economy of the Slovak Republic.
  5. The User may also use the online dispute resolution platform available on the website https://ec.europa.eu/consumers/odr/ to submit a proposal for alternative dispute resolution.

11. Final provisions

  1. These GTC apply to all Upfan services provided through the System and the Application, while unpaid services are covered accordingly.
  2. Upfan reserves the right to change these GTC. These GTCs shall replace the previously applicable GTCs on the effective date. The relationship between Upfan/Organiser and the User shall be governed by those GTC which were in force and effect on the date of purchase of the Ticket/Pass and, in the case of unpaid services, on the date of creation of the user profile on the System or the Application.
  3. Relations between Upfan and the User, who is a consumer, and which are not regulated by these GTC, are subject to the relevant provisions of the Consumer Protection Act and the Civil Code.
  4. The User declares that he/she has read these GTC and undertakes to comply with them.
  5. These GTC shall come into force and effect on 01.07.2025.