The AGREEMENT is public and, in accordance with Art. 633, 641 of the Civil Code of Ukraine, its terms are the same for all consumers, the unconditional acceptance of the terms of which (payment by any means in accordance with part 2 of Art. 642 of the Civil Code of Ukraine) is considered acceptance of the AGREEMENT between the parties under the AGREEMENT and confirms the fact of its conclusion.

PUBLIC OFFER – AGREEMENT, which enters into force from the moment of publication at the electronic address https://flymark.com.ua, unless otherwise indicated in the text of the AGREEMENT.

Acceptance – is the full and unconditional acceptance by the CUSTOMER of the terms of the OFFER by making payment for the Services and receipt of such payment to the account of the EXECUTOR and/or the EVENT ORGANIZER.

EXECUTOR – a subject of economic activity, who may act on his own behalf, and on behalf and in the interests of the Event Organizer on the basis of a contract concluded with him for the purpose of promoting the Services at Events.

CUSTOMER – an individual who has reached the age of 18 and has fully and unconditionally accepted the terms of the AGREEMENT and has received and used the Services for booking/cancellation and purchase/return of Tickets in accordance with the terms of the AGREEMENT.

PARTIES – the collective name of the EXECUTOR and the CUSTOMER.

Event Organizer – a person who organizes, prepares, and conducts the Event, interacts with the EXECUTOR on the basis of a contract.

Event – a cultural and entertainment event (festival, tournament, competition, as well as any other event, attendance of which is possible only after presenting a special document – an Electronic Ticket and/or a Ticket at the Event control point.

Service – a technical opportunity provided by the EXECUTOR to the CUSTOMER for independent booking/annulment of Booking, issuing/returning of Tickets, issuing related Services through the Internet-Service-Site and other consulting-information services.

Order – Reservation for one or more Tickets or one or more Seats at tables for one Event, formed by the CUSTOMER and combined in the System with a single identifying element (barcode/code/number, etc.).

Ticket – a document/electronic document of a certain sample, certifying the CUSTOMER's right to attend (pass and view, listen, etc.) the Event and containing information about: the name of the Event; the name, date, time, venue of the Event, the cost of the Event Service; the cost of the Service Fee; also, if necessary, Places at the table; other additional legal or technical information agreed with the Event Organizer and, as a mandatory annex to the Ticket, or an independent paper/plastic bracelet of a certain color with the presence or absence of information about the Event placed on it, other information specified by the Event Organizer and issued to the CUSTOMER and/or another person to whom the CUSTOMER purchased the Ticket.

Electronic ticket – an electronic document formed using the EXECUTOR's System as a result of successful booking and payment of the Event Ticket/Booking and placed on the electronic medium of the CUSTOMER, certifying the CUSTOMER's right to attend (pass, view, listen) this Event, and contains/may contain a barcode, a unique number of the Order (Ticket and/or Booking), the surname and name of the CUSTOMER of the ticket/service, information about the name, date, venue of the Event, the cost of the Event Service and the amount of the Service Fee, as well as additional legal or technical information.

Booking – a Booking of this type of Service, formed by the CUSTOMER manually, which sets the time period from the moment of forming this Order to the moment of making payment for this Order in accordance with the AGREEMENT in the System for a specific Event separately, during which the Ticket/Tickets, Seats at tables included in the Order, are not available for use by other persons except the CUSTOMER of this Order throughout the entire Period of the Booking and is in a waiting mode for payment by the CUSTOMER.

Cancellation – cancellation of Booking for Ticket/Tickets by Order with automatic transfer of it/them for free sale in the System. Orders not paid during the Booking period are automatically canceled at the end of the Booking period (unless otherwise provided by additional information on the website).

Service Fee – funds additionally to the price of the Service/Services charged to the CUSTOMER by the EXECUTOR as payment for the Service/Services when providing Booking and/or sale of Tickets for Events, inseparably related to the ticket sales procedure using the System.

System – an automated information system-software complex located on the website https://flymark.com.ua, designed for booking/selling Tickets, which meets the requirements for protection against unauthorized access, identification, recording, and storage of all transactions with Services, and also ensures the complete formation and preservation of identification features of each Service.

Internet-Service-Site - software of the EXECUTOR, located on the Internet at https://flymark.com.ua

Return document – a settlement electronic document received by the CUSTOMER and the Event Organizer as a result of the successful refund of funds to the CUSTOMER for the Service not used by him through the Internet-Service-Site due to the fault of the EXECUTOR and/or the Event Organizer.

3.1. Under the AGREEMENT, the EXECUTOR undertakes to provide the Service to the CUSTOMER according to the Customer's Task, and the CUSTOMER undertakes to pay the EXECUTOR for the specified Service in accordance with the terms of the AGREEMENT.
3.2. The subject of the AGREEMENT is the provision of Services to the BUYER for Events exclusively in the manner and on the conditions provided for by the AGREEMENT and only in case of full and unconditional acceptance of the terms of the OFFER by the CUSTOMER (Acceptance of the OFFER). Partial Acceptance, as well as Acceptance on any other terms, is not allowed.
3.3. The Service is considered to have been provided by the EXECUTOR and received by the CUSTOMER in full from the moment the Internet Service Site's technical means send the Electronic Booking or Electronic Ticket or Document for refunding funds to the customer's card to the customer's mobile phone and/or email.
3.4. The Service is considered to be Annulled by the EXECUTOR and accepted for Annulment by the CUSTOMER in full from the moment the technical means of the Internet Service Site send the Electronic Document for refunding funds to the customer's card to the customer's mobile phone and/or email.
3.5. If the CUSTOMER does not fully accept the terms of the PUBLIC OFFER, further processing of the Service is blocked by the software means of the Internet Service Site.
3.6. The availability of Services is regulated by the Event Organizer or the EXECUTOR by agreement with the Event Organizer and does not depend on the possibility of using an automated access control system based on barcode reading and/or the ability to obtain a Ticket directly at the access control point at the Event venue before the start of the Event in accordance with the terms of the AGREEMENT.
3.7. By unconditionally agreeing to the terms of the AGREEMENT, the CUSTOMER confirms his legal capacity and legal capacity, including reaching the age of 18, lawful use of a bank payment card, as well as that he has carefully read all the points of the AGREEMENT and the information published on the Internet Service Site, and realizes the responsibility for the obligations imposed on him as a result of entering into the AGREEMENT.
3.8. In accordance with the provisions of the Law of Ukraine "On Personal Data Protection" No. 2297-VI of 01.06.2010 and the AGREEMENT, the CUSTOMER acknowledges and agrees to provide the EXECUTOR with his personal data, as well as the personal data of third parties specified by the CUSTOMER, which are received by the EXECUTOR during the processing of the Order, namely: surname, name, gender, contact phone number, city, email address. The processing of the CUSTOMER's personal data is carried out in accordance with the legislation of Ukraine. The CUSTOMER grants the EXECUTOR the right to process his personal data in connection with the provision of Services to the CUSTOMER, as stipulated by the PUBLIC OFFER, including for the purpose of receiving advertising messages about the event, tickets for which are sold by the EXECUTOR. Since the processing of the CUSTOMER's personal data is carried out in connection with the performance of the AGREEMENT concluded on the terms of the PUBLIC OFFER, the CUSTOMER's consent to the processing of his personal data is not required. The term of use of the personal data provided by the CUSTOMER to the EXECUTOR under the AGREEMENT is indefinite. The CUSTOMER guarantees and is responsible for the fact that the data specified in the Order are voluntarily provided by him and third parties when ordering Services by the CUSTOMER, and all these persons are familiar with the PUBLIC OFFER and have fully and unconditionally accepted it.
4.1. Acceptance of the PUBLIC OFFER by the CUSTOMER is made by the CUSTOMER by sequentially performing the actions specified in clause 4.3 of the AGREEMENT (Acceptance of the PUBLIC OFFER). The CUSTOMER's Acceptance of the PUBLIC OFFER is voluntary and is equivalent to the conclusion of a written agreement (clause 2 of article 642 of the Civil Code of Ukraine).
4.2. Before accepting the PUBLIC OFFER, the CUSTOMER must be sure that all the terms of the PUBLIC OFFER are clear to him and he accepts them unconditionally and in full.
4.3. The CUSTOMER's Acceptance of the PUBLIC OFFER is also carried out when purchasing a Ticket through the Internet, by phone, by performing the following actions: selecting the Event, the category of Service, ordering, paying for the Order in full.
4.4. After performing all the actions, the CUSTOMER, depending on the chosen method of purchasing the Service: Electronic Booking or Electronic Ticket or Seats at the table, makes payment for the Order in accordance with the chosen method of purchase and with the corresponding payment method for the specific Event.
4.5. After making payment for the Order, the CUSTOMER records the Electronic Booking, Electronic Ticket, Seats at the table in the memory of the technical device (computer, tablet, mobile phone, etc.) belonging to the CUSTOMER, provided that such a device allows the demonstration (scanning) of the document for control by an authorized person or access control system at the Event venue.
5.1. The EXECUTOR's service fee for processing the Service is determined by the EXECUTOR and amounts to 7 (seven) percent of the CUSTOMER's Order amount and is collected immediately upon the CUSTOMER's payment of the Order.
5.2. The CUSTOMER pays for the selected Service(s) and the EXECUTOR's service fee by making a 100% payment using any of the methods offered by the EXECUTOR, the information about which is available on the Internet Service Site, using payment methods accessible on the Internet Service Site, in accordance with the AGREEMENT and payment system rules.
5.3. Services and/or the EXECUTOR's service fee are considered paid if the payment system provides the EXECUTOR with information about the debiting of funds from the CUSTOMER's account in favor of the EXECUTOR and they are credited to the EXECUTOR's and/or the Event Organizer's account depending on the type of Service.
5.4. The EXECUTOR's service fee for the provided Services is non-refundable, except in cases caused by the fault of the EXECUTOR and/or the Event Organizer.
5.5. Refunds to the CUSTOMER for unused Services that were purchased through the Internet Service Site are possible only in accordance with the AGREEMENT and payment system rules.
5.6. Seats at the table ordered by the CUSTOMER can be reassigned by the Event Organizer or the EXECUTOR to other seats at another table if such seats are available directly before the start of the Event with notification accordingly to the EXECUTOR or the Event Organizer.
5.7. In case of payment using a bank card, the CUSTOMER must use a bank card issued in his name. At the same time, the EXECUTOR has the right to demand from the CUSTOMER the originals of documents confirming the CUSTOMER's identity. Payment is not accepted, and the Order is canceled if the CUSTOMER violates the payment terms established by the AGREEMENT, the payment system, or Ukrainian legislation.
6.1. Money received by the EXECUTOR as payment for the Ticket/Electronic Ticket is subject to refund to the CUSTOMER only in case of cancellation/replacement/postponement of the Event and upon receipt by the EXECUTOR of an official letter from the Event Organizer specifying the conditions (term, time, place) and procedure for ticket refunds. Information about the procedure, deadlines, time, and place for ticket refunds can be found on the Agent's website. In the event of refunds for canceled, replaced, or postponed Events for Tickets purchased through the Agent, refunds are made by the Event Organizer in accordance with the official letter from the Event Organizer, and the CUSTOMER has no right to make claims against the EXECUTOR. If the CUSTOMER disagrees with the replacement or postponement, the money is refunded to the CUSTOMER on the day of the Event by the Event Organizer in accordance with the official letter from the Event Organizer, unless otherwise indicated in the Event Organizer's official letter. The CUSTOMER has no right to make claims against the EXECUTOR.
6.2. Refunds of money under the AGREEMENT for Tickets purchased by the CUSTOMER are made only for Tickets purchased through the EXECUTOR's Internet Service Site if this refund location is specified in the Event Organizer's official letter according to clause 6.1. of this Offer.
6.3. Money is refunded to the CUSTOMER only upon the mandatory actual return by the CUSTOMER of the unused purchased Ticket/Electronic Ticket.
6.4. Refunds of money under the AGREEMENT for Tickets purchased by the CUSTOMER are always made without taking into account the amount of the EXECUTOR's service fee paid.
6.5. The EXECUTOR does not refund money for Tickets used by third parties without agreement with the EXECUTOR or the Event Organizer.7.1. The CUSTOMER has the right to:
7.1.1. Independently obtain information from open sources about prices for Reservation and Tickets for Events, the amount of the Service fee, and prices for Additional services at other Events, and, based on the received information, freely make a decision to purchase Services from the EXECUTOR.
7.1.2. Receive information about the rules of selling Services, available types of Tickets, and other information about Events, which the EXECUTOR possesses within its competence, using the Internet and/or other methods specified on the Internet Service Site.
7.1.3. Independently choose the method of payment for the Service from those offered by the EXECUTOR on the Internet Service Site. At the same time, the CUSTOMER is obliged to familiarize himself with the rules of using a particular payment method.
7.1.4. Demand from the EXECUTOR the provision of Services in accordance with the terms of the AGREEMENT.
7.1.5. Attend the Event according to the purchased Services independently or accompanied by individuals for whom he has purchased Tickets/Electronic tickets/Table seats in case of full and unconditional compliance with all the terms of the PUBLIC OFFER and after payment of the Order.
7.1.6. Send feedback on the performance of the EXECUTOR to his address.
7.1.7. Terminate the PUBLIC OFFER at any time without prior notice to the EXECUTOR in case of violation of the latter's terms of the OFFER.
7.2. The CUSTOMER is obliged to:
7.2.1. Thoroughly familiarize himself with the terms of the AGREEMENT and unconditionally accept and comply with them in full when purchasing Services under the AGREEMENT.
7.2.2. Provide accurate and complete information about himself when placing an Order. The CUSTOMER is solely responsible for minors, for whom he purchases a Ticket/Table seats.
7.2.3. Pay in full for the provided Service in the amount, within the timeframe, and in the manner specified by the AGREEMENT.
7.2.4. Pay the EXECUTOR a reasonable fee, including reimbursement of all expenses incurred in full, in case of impossibility to perform the AGREEMENT, not due to the fault of the EXECUTOR.
7.2.5. Pay the EXECUTOR a fee in full if the impossibility to perform the AGREEMENT is due to the fault of the CUSTOMER.
7.2.6. Not to post, publish, transmit, or distribute messages that may be criminal or cause any harm to the Agent, Organizer, and other Buyers.
7.2.7. In case of any problems/inconveniences/obstacles with attending and/or being at the Event, the CUSTOMER is obliged to immediately, but no later than 12 (twelve) hours from the start of the Event, contact the EXECUTOR using the means of communication indicated on the Internet Service Site, specifying and describing the problems/inconveniences that have arisen and assisting in their resolution.

7.3. The EXECUTOR has the right to:
7.3.1. Require the CUSTOMER to comply with all procedures for ordering and paying for the Order in accordance with the rules set out in the AGREEMENT and on the Internet Service Site.
7.3.2. In case of refusal of the CUSTOMER to accept the terms of the AGREEMENT, refuse to provide Services to the CUSTOMER.
7.3.3. Modify any software of the Internet Service Site and terminate the operation of software tools that ensure the functioning of the Internet Service Site in case of significant malfunctions, errors, and failures, as well as for preventive work and prevention of unauthorized access to the site.
7.3.4. Establish and change the cost of its Services unilaterally and at any time.
7.3.5. Include in the cost of the Order and collect from the CUSTOMER the cost of the Service fee and the cost of Additional services.
7.3.6. Refuse to provide Services due to the CUSTOMER's improper performance of his obligations under this Agreement.
7.3.7. Add an additional fee for Additional services to the cost of the Order. The amount of the cost of Additional services is determined by the EXECUTOR independently and may be changed at any time.
7.3.8. Make changes/additions to the AGREEMENT, publish it in a new edition, but in any case, such changes/additions are published promptly and are available to the public on the EXECUTOR's Internet Service Site as a PUBLIC OFFER.
7.3.9. Terminate the PUBLIC OFFER at any time with notification of the CUSTOMER in case of violation by the latter of the terms of the OFFER.
7.4. The Agent is obliged to:
7.4.1. Provide the CUSTOMER with the necessary information determined by the Event Organizer about the specific Event in full.
7.4.2. Provide the CUSTOMER with instructions for ordering/payment/receiving Services. Exhaustive information is considered to be the information published by the EXECUTOR on the Internet Service Site.
7.4.3. Not to use the CUSTOMER's personal data for sending materials unrelated to the Services provided by the EXECUTOR.
7.4.4. Not to transfer the personal data to third parties and not to use them for other purposes not related to the essence of the AGREEMENT.
7.4.5. Provide Services provided by the terms of the AGREEMENT.
7.4.6. Ensure the possibility of ordering and paying for Services using the payment methods provided on the Internet Service Site.
7.4.7. Provide consultations on the use of the Internet Service Site and the registration of Services. ```html
8.1. In case of non-performance or improper performance of their obligations, the PARTIES shall be liable in accordance with the legislation of Ukraine and the terms of the AGREEMENT.
8.2. For failure or improper performance of obligations under the AGREEMENT, the guilty PARTY shall be liable for the damage caused to the other PARTY and shall compensate for the losses incurred in accordance with the current legislation and the AGREEMENT.
8.3. The PARTY that violates the property rights or legitimate interests of the other PARTY is obliged to restore them without waiting for a claim or recourse to the court.
8.4. The CUSTOMER is responsible for the loss, transfer, or disclosure of information from a document (Electronic Booking, Electronic Ticket, etc.) for the Services that has reached the CUSTOMER's technical device.
8.5. The EXECUTOR bears no responsibility for the non-receipt of services by the CUSTOMER under the following conditions:
- rescheduling, substitution, or cancellation of the Event,
- inconsistency with the declared state of preparation and conduct of the Event.
- the CUSTOMER's refusal to participate in the Event without returning the Ticket or the Ticket value by the Event ORGANIZER;
- inaccuracies in the data provided by the CUSTOMER when ordering Services on the Internet-Service site (Last name and first name of the Customer, Event date, etc.);
- the CUSTOMER's failure to receive an Electronic Booking and/or Electronic Ticket, a document to cancel the Booking, or return the Ticket due to technical problems with the CUSTOMER's technical means and communication channels, Internet/network provider. In this case, the CUSTOMER must contact the EXECUTOR's support service within 1 hour of paying for the Service using the contact details provided on the main page of the Internet-Service Site.
- for improper functioning or non-functioning of communication channels through which the CUSTOMER connects with the EXECUTOR.
- other conditions not related to the issuance/return of the Ticket and related services on the Internet-Service site.
The EXECUTOR is not an obligated person, including a PARTY to the agreement, concluded directly between the Event ORGANIZER and the CUSTOMER regarding the purchase by the latter of a Booking for a Ticket, Ticket for the Event, Table reservations.
8.6. The EXECUTOR's liability in the process of providing Services to the CUSTOMER is limited to the function of organizing and facilitating interaction between the Event ORGANIZER and the CUSTOMER for the purpose of implementing the Services provided directly by the EXECUTOR to the CUSTOMER.
8.7. The EXECUTOR bears no responsibility for the discrepancy between the services provided by the Event ORGANIZER, which correspond to the CUSTOMER's expectations and/or his subjective assessment. Advice and recommendations provided by the EXECUTOR to the CUSTOMER cannot be considered as providing any guarantees.
8.8. The CUSTOMER assumes all possible commercial risks associated with his actions in case of errors and inaccuracies in providing his data. The CUSTOMER is fully responsible for the data provided to the EXECUTOR. The CUSTOMER acknowledges that he has no claims against the EXECUTOR for incorrectly processed Orders due to his own fault or negligence.
8.9. When registering on the Internet-Service Site, the CUSTOMER is responsible for not maintaining the confidentiality of his own login and/or password. All actions using the CUSTOMER's login and/or password are considered to be performed by the CUSTOMER personally.
8.10. The EXECUTOR is not liable for any damages and moral harm suffered by the CUSTOMER as a result of incorrect understanding and/or misunderstanding of the information about the order/payment process, as well as the receipt and use of Services.
8.11. The EXECUTOR is not responsible for the actions of the Event ORGANIZER and/or third parties regarding the sale of Services, acting on behalf of or on behalf of the Event ORGANIZER, as well as for the organization and conduct of the Event.
8.12. Damages caused to the CUSTOMER by non-performance or improper performance of the AGREEMENT shall be compensated by the EXECUTOR, in case of his guilt, in full. The EXECUTOR who violated the AGREEMENT is responsible for this violation unless he proves that proper performance became impossible due to force majeure, unless otherwise provided by the AGREEMENT or the law.
10.1. Amendments and/or additions to the AGREEMENT, the presentation of the AGREEMENT in a new edition, are made by the EXECUTOR at any time unless otherwise provided by law.
10.2. Amendments and/or additions to the AGREEMENT, the presentation of the AGREEMENT in a new edition, are formalized by a new edition of the text and posted on the Internet-Service Site.
10.3. Placing an Order for Services by the CUSTOMER with the EXECUTOR after amending and/or adding to the AGREEMENT, presenting the AGREEMENT in a new edition, means Acceptance of the OFFER taking into account such amendments and/or additions, such a new edition of the AGREEMENT.
10.4. The AGREEMENT may be terminated prematurely at the initiative of one of the PARTIES by unilateral refusal from the AGREEMENT in the manner prescribed by law or the AGREEMENT.13.1. The AGREEMENT enters into force from the moment of its placement on the EXECUTOR's Internet-Service Site and is valid indefinitely.

СПД ФО Ткаченко Віталій Анатолійович

+380504312332

info@flymark.dance