Terms of sale and usage

Terms of Sale and Use

The company GIGS TIX DOO NOVI SAD, with its registered office at Kralja Aleksandra 12, 21000 Novi Sad, Republic of Serbia, email address for communication: tix@gigstix.com (hereinafter: Gigs Tix and/or the company Gigs Tix and/or the Company), is engaged, among other things, in the provision of digital services, online marketplace services, online and other intermediation services, commercial representation and information society services within the meaning of the applicable regulations.

Terms designated by an acronym or an initial capital letter and used in these Terms of Sale and Use shall have the meaning assigned to them herein.

GIGS TIX doo may amend and supplement these Terms of Sale and Use. Amendments shall, from the time of their publication, apply to further use of the Portal and to purchases made after their publication. Purchases made before the publication of amendments shall be governed by the version of the Terms that was in force at the time of purchase, unless otherwise provided by mandatory provisions. Amendments relating to the use of the Portal shall not affect rights and obligations arising from purchases previously made.

The current version of the Terms and the date from which it applies are published on the Gigs Tix website. Users are advised to periodically review the current version of the Terms, particularly before any activity for which their express confirmation of acceptance is required.

This version of the Terms applies from: 02.10.2026.

1.
Key Terms

1.1.
The terms used in these Terms shall have the following meanings:

  • 1.1.1.
    Gigs Tix: Gigs Tix doo of Novi Sad, Kralja Aleksandra 12, Company Registration No. 20421924, Tax ID No. 105801137, telephone number 066/850-7100, email: tix@gigstix.com.
  • 1.1.2.
    User: any natural or legal person who accesses the Portal or uses any of its functionalities, including a Customer, a registered user and a visitor who only browses the content of the Portal or uses its functionalities without making a purchase.
  • 1.1.3.
    Customer: a natural or legal person who purchases a ticket for an Event through Gigs Tix or a Partner and, by purchasing the ticket, concludes with the Organizer a contract for the provision of a service related to the Event, regardless of whether such person has the status of a Consumer within the meaning of the Law.
  • 1.1.4.
    Event: a musical, theatrical, cinema, sporting or other event for which tickets are sold, with specific characteristics such as its name, date and time, venue and similar.
  • 1.1.5.
    Organizer: a legal person or entrepreneur who organizes the Event, in whose name and for whose account Gigs Tix sells tickets, directly or through a Partner, and with whom the Customer, by purchasing a ticket, concludes a contract for the provision of a service related to the Event.
  • 1.1.6.
    Partner: a legal person that has concluded a business and technical cooperation agreement with Gigs Tix, on the basis of which it is included in the Gigs Tix sales system and, at one or more of its physical points of sale, using the Gigs Tix sales system, sells, charges for and issues tickets to Customers for Events for which Gigs Tix has the right to sell tickets.
  • 1.1.7.
    Portal: websites, user interfaces and functionalities available on the gigstix.com domain and its subdomains, including new.gigstix.com and bilet.gigstix.com.
  • 1.1.8.
    Consumer: a Customer who is a natural person and who acquires a ticket or the related service for purposes outside their business or other commercial activity, within the meaning of the Law.
  • 1.1.9.
    Seller: Gigs Tix or a Partner that sells and charges the Customer for a ticket and that, within the specific sale, is responsible for issuing it.
  • 1.1.10.
    Law: the Consumer Protection Act (“Official Gazette of the Republic of Serbia”, No. 35/2026).

1.2.
The provisions of these Terms governing Consumer rights under the Law shall apply exclusively to Customers who have the status of Consumers within the meaning of the Law.

1.3.
Where such rights relate to a contract for the provision of a service related to the Event concluded by the Customer with the Organizer, they shall apply only if the Organizer acts as a trader within the meaning of the Law in that contractual relationship.

2.
Application and Acceptance of the Terms

2.1.
These Terms form an integral part of contractual relationships concluded or performed through the use of the Gigs Tix system, to the extent that they govern the rights and obligations of the parties to the particular relationship.

2.2.
In the case of an online purchase, the Customer accepts these Terms by actively confirming their acceptance during the purchase process, in the manner described in greater detail in the section “Customer Statements During the Online Purchase Process”.

2.3.
In the case of a purchase at a physical point of sale, these Terms are made available to the Customer before the purchase in a manner that provides the Customer with a genuine opportunity to review them. At the physical point of sale, the Customer is provided with access to the current Terms in electronic form and, upon request, with an opportunity to inspect a printed copy of the Terms. By purchasing a ticket after having been provided with such an opportunity, the Customer concludes a contract to which these Terms apply, to the extent applicable to the specific contractual relationship.

2.4.
The provisions of these Terms governing the use of the Portal apply to all Users to the extent applicable to them. The provisions governing the purchase of tickets and the rights and obligations arising from a particular purchase apply to Customers.

3.
Important Information

3.1.
Gigs Tix and the Partners are not the organizers of the Events for which they sell tickets and are not responsible for organizing the Event or for the performance of the Organizer’s obligations arising from the contract for the provision of a service related to the Event. This provision does not exclude or limit the liability of Gigs Tix or the Partner for their own obligations and conduct towards the Customer in the process of selling, charging for and issuing tickets, nor the rights to which the Consumer is entitled under the Law.

3.2.
In connection with ticket sales, Gigs Tix acts in the name and for the account of the Organizer, within the limits of the authority granted to it by the Organizer. Within that framework, Gigs Tix is authorized, in the name and for the account of the Organizer, to conclude with the Customer a contract for the provision of a service related to the Event, collect the ticket price and issue the ticket. The contractual party to that contract is the Organizer, and Gigs Tix does not become a contractual party thereto by performing the above activities. This does not affect the separate contractual relationship between the Customer and Gigs Tix in connection with the online order processing service, where such service is provided.

3.3.
Where a sale is made through a Partner, Gigs Tix may, in accordance with the Organizer’s authorization and the agreement with the Partner, enable the Partner, using the Gigs Tix sales system, to sell, charge for and issue tickets to Customers in the name and for the account of the Organizer.

3.4.
The fact that the Gigs Tix name, trademark, logo or other designations appear on tickets, devices, promotional materials or other equipment related to the Event, as well as any checking or recording of tickets upon entry to the Event by Gigs Tix or persons engaged by it, does not in itself mean that Gigs Tix is the organizer of the Event. Such activities form part of the business, technical and marketing activities of Gigs Tix related to the sale, issuance and control of tickets.

3.5.
Gigs Tix provides a Customer who chooses the online method of purchase with an online order processing service related to the online purchase of a ticket, for which it may charge a separate fee.

3.6.
The page for the specific Event on the Portal publishes the Organizer information prescribed by the Law, as well as, on the basis of a statement provided by the Organizer to Gigs Tix, information as to whether the Organizer acts as a trader within the meaning of the Law in relation to the contract for the provision of a service related to the Event.

  • 3.6.1.
    If the Organizer is a trader: All provisions of the Consumer Protection Act apply to the purchase.
  • 3.6.2.
    If the Organizer is not a trader: The provisions of the Consumer Protection Act do not apply to the purchase. In that case, your rights arise from the general rules governing sales regulated by the Law on Obligations.

3.7.
In accordance with the Law, a trader is a legal person, entrepreneur or natural person acting on the market within the scope of their business activity or for other commercial purposes.

3.8.
The same page also publishes basic information about the Event, including the place, date and time at which it is held, as well as other information and conditions that are known and relevant to the purchase and use of the ticket.

3.9.
Special terms of sale and use may apply to certain Events. The applicable special terms for a specific Event are published on the page for that Event on the Portal, which constitutes the single place where Gigs Tix publishes and updates such terms, regardless of the manner in which the ticket is purchased. The special terms are available to the Customer before purchase and form an integral part of the contract concluded by purchasing the ticket. The special terms published at the time of the specific purchase apply to that purchase.

3.10.
If the special terms for a specific Event differ from these Terms, the special terms shall prevail to the extent that they govern the specific characteristics of that Event. The special terms may not exclude or limit rights to which the Consumer is entitled under mandatory provisions.

3.11.
The Portal may display offers from multiple Organizers to the Customer, including displays in the form of search results based on a keyword, phrase or other input by the User. The most important parameters for ranking offers i.e. displaying events on the Portal are: event popularity and sales, the start of the event and the geographical location of the event. Other applicable parameters may, in individual cases, include: diversity of the offer, commercial terms and other factors.

3.12.
The information referred to in the preceding paragraph is published and maintained independently of these Terms, and its availability does not depend on whether the User has reviewed these Terms.

4.
User Account

4.1.
Most of the content of the Portal may be viewed without registering a user account. A registered user account is required for the online purchase of tickets.

4.2.
Registration of a user account is free of charge. A registered User is provided with access to the user panel and to the data and functionalities associated with their account, including information on orders and purchased tickets.

4.3.
When registering and using a user account, the User is required to provide accurate and complete information and, where necessary, keep such information up to date.

4.4.
The processing of personal data in connection with the registration and use of a user account is carried out in accordance with the Privacy Statement.

4.5.
A registered User may request the closure of their user account. Closure of the user account does not constitute termination of contracts concluded in connection with purchases previously made and does not affect rights and obligations that have already arisen on those grounds.

4.6.
Closure of a user account does not automatically entail the deletion of all data relating to the User and completed transactions. The processing and retention of personal data, as well as the exercise of rights relating to such data, are governed by the Privacy Statement and applicable regulations.

5.
Use of the Portal

5.1.
The User is required to use the Portal and its functionalities in accordance with applicable regulations and these Terms.

5.2.
The User is not permitted to:

  • 5.2.1.
    Interfere with or attempt to interfere with the operation of the Portal, its systems, security mechanisms or other technical functionalities.
  • 5.2.2.
    Without authorization, use robotic or automated means for bulk downloading of data, automated purchasing, circumvention of technical restrictions of the Portal or other use that is not intended as ordinary use of the Portal.
  • 5.2.3.
    Without appropriate authorization, copy, modify, decompile, reverse engineer or otherwise attempt to access or manipulate source code, software components or other parts of the system that are not intended for public access, except to the extent that such action is expressly permitted by mandatory provisions.
  • 5.2.4.
    Modify, falsify or otherwise manipulate without authorization tickets, purchase confirmations or other documents generated by the Gigs Tix system, or make unauthorized use of another person’s user account.
  • 5.2.5.
    Infringe copyright, trademark rights or other intellectual property rights of Gigs Tix, holders of rights in content and components available through the Portal or other third parties.

5.3.
Gigs Tix may temporarily restrict or disable access to a user account or individual functionalities of the Portal where there are justified reasons to suspect abuse, a threat to system security or another serious violation of these Terms or applicable regulations. Such a measure does not affect rights already acquired by the Customer through the purchase of a ticket or rights to which the Customer is entitled under mandatory provisions.

6.
Purchase of Tickets

6.1.
Tickets may be purchased in the following ways:

  • 6.1.1.
    at physical points of sale where Gigs Tix directly carries out sales, including points of sale located within the business premises of another legal person;
  • 6.1.2.
    at physical points of sale of Partners;
  • 6.1.3.
    at the Gigs Tix online point of sale, available through the Portal;

6.2.
The availability of individual methods of sale may depend on the specific Event.

6.3.
The Customer independently and of their own free will selects the Event for which they purchase a ticket, as well as the type and quantity of tickets. For certain Events, the maximum number of tickets that a Customer may purchase in a single transaction or in total may be limited.

6.4.
At physical points of sale, payment is generally possible in cash, while the availability of other payment methods depends on the specific point of sale.

6.5.
In certain cases, where provided for a specific Event, the Customer is issued a voucher instead of a ticket, which constitutes proof of the right to collect a means of entry to the Event, such as a wristband, card or other appropriate means. The voucher itself does not permit entry to the Event and must first be exchanged for the appropriate means of entry. The fact that the voucher must be exchanged for a means of entry, as well as information on the exchange procedure known at the time of purchase, is made available to the Customer before purchase. The exchange procedure is determined by the Organizer, who is responsible for its implementation.

6.6.
In certain cases, in accordance with the Organizer’s decision, where a purchase is made at the online point of sale, issuance of the ticket may be delayed. In such case, before purchase the Customer is clearly provided with information on the deadline or date by which the ticket will be issued. By purchasing the ticket, the Customer accepts the issuance deadline so determined. Following payment, Gigs Tix issues the Customer an electronic confirmation of the ticket purchase and sends it to the registered email address.

7.
Use and Transfer of Tickets

7.1.
Unless otherwise specified for a specific Event, a ticket may be used by the Customer or by another person to whom the Customer has transferred the ticket.

7.2.
For certain Events, the Organizer may stipulate that a ticket is personalized, that only the person whose details are stated on the ticket is entitled to enter, or that transfer of the ticket to another person is subject to special conditions. Such restrictions and, where applicable, the possibility and procedure for changing the ticket user are made available to the Customer before purchase.

7.3.
The Customer or ticket user is required to protect the ticket and the information contained on it against unauthorized copying and use. If the ticket contains a unique barcode, Data Matrix code or other identification data intended for entry control, the same code may be used only once, unless otherwise specified for the specific Event. Where there are multiple copies or reproductions of a ticket containing the same identification data, the entry control system will, as a rule, record as used the ticket whose code is successfully scanned first, after which another copy bearing the same code may be rejected as already used.

7.4.
In the case of a non-personalized ticket, the fact that the ticket was purchased by another person does not in itself constitute grounds for denying entry.

8.
Rules at the Event

8.1.
The Customer or person using the ticket is required to comply with the lawful rules of the Organizer relating to safety, entry, attendance and conduct at the Event, including rules concerning prohibited items, entry control, use of a particular section or seat and other appropriate organizational and safety rules.

8.2.
Rules that are relevant to the purchase decision or constitute a special condition for use of the ticket are made available to the Customer before purchase on the page for the specific Event on the Portal. During the Event, the Organizer may also issue additional instructions required for safety and the orderly conduct of the Event, provided that such instructions do not constitute a material subsequent change to the agreed service.

8.3.
A person who fails to comply with such rules or instructions may, where justified by the nature of the violation and the circumstances of the specific case, be denied entry or removed from the Event. Such circumstance does not in itself constitute grounds for a refund of the amount paid for the ticket, without prejudice to rights to which the Customer is entitled under mandatory provisions.

9.
Price and Fiscal Receipt

9.1.
The ticket price is determined by the Organizer. The ticket price is clearly communicated or displayed to the Customer before purchase. The Seller is required to sell the ticket at the price of which the Customer was informed before purchase.

9.2.
The ticket price may change during the sales period, in accordance with the conditions determined by the Organizer, including the passage of time, the sale of a specified number of tickets or transition to the next sales phase or allocation. The price displayed to the Customer before confirmation of the specific purchase applies to the Customer. A subsequent change in price does not affect purchases already completed.

9.3.
In the case of an online purchase, where an online order processing fee is charged in addition to the ticket price, its amount is displayed separately to the Customer before confirmation of the purchase, together with the total amount payable.

9.4.
The online order processing fee is not charged when purchasing at a physical point of sale.

9.5.
A fiscal receipt is issued to the Customer for the completed sale in accordance with applicable regulations.

10.
Purchase at the Online Point of Sale

10.1.
The online point of sale is intended exclusively for natural persons.

10.2.
By accepting these Terms and making an online purchase, the Customer consents to the Seller delivering the fiscal receipt electronically to the email address associated with the Customer’s user account, in a form that enables verification of the fiscal receipt in accordance with applicable regulations.

10.3.
Tickets purchased at the online point of sale are delivered to the Customer electronically to the email address provided during registration and are also available in the Customer’s user panel. The Customer is responsible for the accuracy and currency of the email address associated with their user account.

10.4.
Except in the case of delayed ticket issuance, following successful payment Gigs Tix issues the tickets and makes them available to the Customer through the user panel, as well as by sending them to the registered email address. If the Customer does not receive the email containing the tickets, they may download them from their user panel. If the tickets are not available by either of the above methods, the Customer should contact Gigs Tix to verify the status of the purchase.

10.5.
No later than at the time of ticket issuance, or at the time when provision of the online order processing service begins, Gigs Tix provides the Consumer on a durable medium with: (1) a document evidencing the concluded contract, i.e. a purchase confirmation containing information on the Organizer, the Event, the type and number of tickets, the ticket price, the online order processing fee if charged and the total amount paid; (2) all notices prescribed by law, including notice of the circumstances under which the Consumer has no right to withdraw from the contract.

10.6.
The notices referred to in item 2 of the preceding paragraph are provided in the body of the message or as an attachment to the message by which the purchase confirmation is delivered.

10.7.
The Customer is required to comply with the ticket usage instructions stated on the ticket or in the email by which it was delivered.

10.8.
The Customer is responsible for safeguarding the credentials used to access their user account and is required not to disclose them to third parties. If the Customer suspects that their account has been compromised or that unauthorized access has occurred, they are required to change the access credentials without delay and notify Gigs Tix. Gigs Tix shall not be liable for the consequences of unauthorized use of the account resulting from the Customer’s failure to adequately protect their access credentials, unless the unauthorized access occurred as a result of an omission by Gigs Tix.

10.9.
The online point of sale supports payment:

  • 10.9.1.
    by payment card via the internet;
  • 10.9.2.
    through electronic banking or by payment at a bank, post office or other appropriate institution, for Customers making payment within the territory of the Republic of Serbia.

10.10.
Depending on the Event and the time of purchase, one of the above payment methods may not be available.

10.11.
Depending on the Event, a Customer who chooses the online method of purchase may, in addition to the value of the tickets, be charged an online order processing fee as a separate item. The regular amount of the online order processing fee may depend on the Event and the value of the tickets in the order. For payment based on a payment slip or through electronic banking, Gigs Tix grants a benefit in the form of a lower fee amount. The final amount of the fee for the selected payment method is displayed to the Customer during the online purchase process before the Customer becomes bound to make payment and is included in the total amount payable.

10.12.
The online order processing service provided by Gigs Tix to the Customer includes processing the order, collecting payment and recording the completed purchase in the Gigs Tix system. The service begins following successful payment and is deemed fully performed when Gigs Tix records the completed purchase and, in the case of immediate ticket issuance, makes the issued tickets available to the Customer in the user panel and sends them to the registered email address, or, in the case of delayed ticket issuance, delivers the purchase confirmation to the Customer’s registered email address.

10.13.
In the case of delayed ticket issuance, the subsequent issuance and delivery of the ticket within the predetermined period is performed in the name and for the account of the Organizer and does not constitute an unperformed part of the online order processing service provided by Gigs Tix to the Customer in its own name.

10.14.
A condition for continuing the online purchase is that, before payment, the Consumer expressly requests that Gigs Tix begin performance of the service immediately following successful payment and confirms that they understand that, once Gigs Tix has fully performed the service, they lose the right to withdraw from the contract for that service.

10.15.
Only a payment instrument which the person initiating payment is authorized to use may be used for payment. By using a payment instrument, the person initiating payment confirms that they are authorized to use it.

10.16.
If the holder of a payment instrument claims that they did not authorize the transaction, such case shall be considered in accordance with mandatory provisions governing payment services and the rules of the competent payment service provider. The mere fact that the purchase was made by a minor or that a payment instrument issued in another person’s name was used does not in itself constitute grounds for a refund of the amount paid for the ticket if the transaction was authorized and the contract was validly concluded.

10.17.
When the Customer selects tickets and proceeds to payment by payment card, the selected tickets are temporarily reserved for a period of 30 minutes. If successful payment is recorded within that period, the reserved tickets are issued to the Customer. If successful payment is not recorded within the allotted period, the reservation expires and the Customer, if they still wish to make the purchase, must restart the purchase process.

10.18.
If the Customer selects payment based on a payment slip or through electronic banking, after creating the order they receive payment instructions and the period within which payment must be made. The selected tickets are reserved until the deadline stated in the payment instructions. For the purpose of determining whether payment was made on time, the Consumer’s monetary obligation is deemed settled on the day on which the bank, public postal operator or other payment service provider receives the Consumer’s payment order, in accordance with the Law. Tickets are issued after Gigs Tix is able reliably to record and associate the payment with the specific order. If the payment cannot reliably be associated with the order, Gigs Tix may contact the Customer for supplementation or correction of the information.

11.
Customer Statements During the Online Purchase Process

11.1.
Before proceeding to payment, the Customer is required to confirm the following statement by checking the appropriate box:

I accept the Terms of Sale and Use and any special terms stated in connection with the Event, confirm that I have been informed of the Privacy Statement, as well as the displayed prices, any online order processing fee and the total amount payable. I request that Gigs Tix begin performance of the online order processing service immediately following successful payment and confirm that I understand that, upon its full performance, I lose the right to withdraw from that service.

11.2.
It is not possible to continue the online purchase process without confirming this statement.

11.3.
Gigs Tix reproduces the statement referred to in the preceding paragraph in the order confirmation delivered to the Customer at the email address associated with their user account.

12.
Payment by Payment Cards

12.1.
Payment card processing for online purchases at the online point of sale is performed by Chip Card ad of Belgrade, Bose Milićević 8, Company Registration No. 17564374, Tax ID No. 103425560, as the provider of card transaction processing services.

12.2.
Prices and amounts payable at the online point of sale are stated in dinars (RSD), and the card transaction is initiated in dinars. If the payment card is linked to an account in another currency, any conversion and the applicable exchange rate are determined by the payment card issuer and/or card organization.

12.3.
Payment card details are entered and processed in the secure environment of the card transaction processing service provider. Gigs Tix neither receives nor stores complete payment card details required to execute a card transaction.

12.4.
Where a refund is made for a purchase paid by payment card, the refund is processed through the card system to the payment instrument used for payment, in accordance with the rules of the payment service provider and card organizations.

13.
Withdrawal from Purchase

13.1.
Once purchased, a ticket may not be returned or exchanged at the Customer’s subjective request.

13.2.
The Consumer has no right to withdraw from a distance contract under which they purchase a ticket for an Event, pursuant to Article 38 paragraph 1 item 12 of the Law, given that it concerns a service related to leisure activities for which the contract provides for a specific date or period of performance.

13.3.
Where the Customer has the status of a Consumer and the Organizer, in relation to the contract for the provision of a service related to the Event, acts as a trader within the meaning of the Law, the Consumer has no right to withdraw from the distance contract under which they purchase a ticket for the Event, pursuant to Article 38 paragraph 1 item 12 of the Law, given that it concerns a service related to leisure activities for which the contract provides for a specific date or period of performance.

13.4.
The absence of the right of withdrawal referred to in the preceding paragraph does not affect Consumer rights that may arise due to non-performance or non-conforming performance of the agreed service.

14.
Refunds for Purchased Tickets

14.1.
If the Organizer fails to perform the agreed service related to the Event or circumstances arise as a result of which performance of that service is no longer possible, the Customer is entitled to a refund of the amount paid for the ticket, in accordance with these Terms and applicable regulations.

14.2.
If there is a change to the date, time, venue, programme, performers or another element of the Event which, taking into account all circumstances of the specific case, constitutes a material change to the agreed service, the Customer may request termination of the contract and a refund of the amount paid for the ticket.

14.3.
Where the Customer has the status of a Consumer and the Organizer, in relation to the contract for the provision of a service related to the Event, acts as a trader within the meaning of the Law, the rights referred to in the preceding paragraphs do not affect other rights to which the Consumer is entitled due to non-performance or non-conforming performance of the service in accordance with the Law.

14.4.
For the avoidance of doubt, the following changes shall, as a rule, be considered changes of lesser significance and shall not in themselves constitute grounds for termination of the contract and a refund of the amount paid for the ticket, unless, taking into account the nature of the Event, the manner in which the Event was presented to the Customer and the circumstances of the specific case, they constitute a material change to the agreed service:

  • 14.4.1.
    A change to the venue of the Event, including a change of city, if the new venue is located at a straight-line distance of up to 15 km from the venue originally published.
  • 14.4.2.
    A change to a minor part of the performers or programme, up to a maximum of 30% of the announced performers or programme, provided that the change does not include a performer or part of the programme presented as a main or material element of the Event.
  • 14.4.3.
    A change to the schedule within the same day, if such change does not constitute a material deviation from the schedule originally published.
  • 14.4.4.
    A delay in the start of the Event which, taking into account the duration and nature of the Event, does not constitute a material change to the agreed service.

14.5.
If, due to a change of the Event venue or a change in the configuration of the venue, the originally designated numbered seat is no longer available, the Organizer may allocate to the Customer another seat in the same or a higher price category, or another seat whose material characteristics correspond to the seat originally agreed. A replacement seat shall, as a rule, be considered appropriate if it belongs to the same or a higher price category and if, taking into account the section or part of the venue, the distance from the stage, field or other central part of the Event and visibility conditions, it does not constitute a material deterioration compared with the seat originally agreed. A difference in row or seat number, exact position within the section, viewing angle or distance does not in itself constitute a material deterioration. The Customer’s subjective preference regarding a particular seat does not in itself constitute grounds for concluding that the replacement seat is inappropriate. If the replacement, assessed objectively and taking into account the circumstances of the specific case, nevertheless constitutes a material deterioration of the agreed service, the Consumer retains the rights to which they are entitled under the Law.

14.6.
The Organizer is responsible for the performance of obligations arising from the contract for the provision of a service related to the Event. A refund of the amount paid for tickets may, in accordance with the procedure determined by the Organizer, be technically processed through Gigs Tix or a Partner.

14.7.
In the event of termination of the contract with the Organizer and a refund for tickets, the subject of the refund on that basis is the amount paid for the tickets. Costs that the Customer may incur in connection with the Event, such as transport, accommodation, postage, banking costs and other similar expenses, are not included in such refund, without prejudice to other rights to which the Customer may be entitled under mandatory provisions.

14.8.
The online order processing fee constitutes consideration for a separate service provided by Gigs Tix to the Customer. If Gigs Tix has fully and conformingly performed that service, the fee shall not be refunded solely because the Event is subsequently cancelled, the contract with the Organizer is terminated or another circumstance occurs as a result of which the Customer is refunded the amount paid for the ticket.

14.9.
The preceding paragraph does not affect the Consumer’s rights where Gigs Tix has not fully performed the online order processing service or has not performed it in conformity with the contract.

14.10.
If the Customer, after having been informed of a change to the Event, uses the ticket and attends the Event under the amended conditions, the Customer may not thereafter request termination of the contract and a refund of the amount paid for the ticket on the basis of that change. Determining whether the ticket has been used may be based on physical evidence, including the absence of a control stub, as well as data from electronic recording or entry control systems, whether operated by Gigs Tix or by another person engaged to perform entry control. This provision does not affect other rights to which the Customer may be entitled due to any non-conforming performance of the service.

14.11.
For the purpose of exercising the right to a refund, the Customer is required to present the receipt for inspection or another appropriate proof of purchase. A physical ticket containing information on the basis of which the specific purchase can be reliably determined may at the same time constitute another proof of purchase.

14.12.
For a ticket issued in physical form, surrender of the original ticket may be required in order to obtain a refund where this is necessary for its cancellation and to prevent further use. The ticket must be in a condition that permits its reliable identification and verification of authenticity. This provision does not limit rights to which the Consumer is entitled under mandatory provisions.

15.
Age and Legal Capacity

15.1.
Before purchase, the Customer is provided with known restrictions regarding age, mandatory accompaniment by a parent, legal representative or other adult, as well as other known special conditions of access to the Event. Such conditions are published on the page for the specific Event on the Portal and may also be published on the Organizer’s official website, social media profiles or other official channels.

15.2.
The Customer is required to review the conditions published on the Portal before purchase and, before arriving at the Event, also the current notices and instructions of the Organizer published through its official channels. Notices of the Organizer published after purchase may regulate organizational, safety and other matters relating to access to and attendance at the Event, but may not, to the detriment of the Consumer, constitute a material subsequent change to the agreed service or subsequently introduce a material condition that had to be known before purchase.

15.3.
The Seller is not required to verify, at the time of every purchase, the age of the Customer or the person who will use the ticket, or the existence of other prerequisites relating to their legal capacity.

15.4.
The Organizer may, in accordance with the nature of the Event and applicable regulations, prescribe a minimum age for access to the Event or require a minor to attend the Event accompanied by a parent, legal representative or other adult.

15.5.
If the Customer or the person using the ticket does not meet clearly published requirements regarding age or mandatory accompaniment, the Organizer may deny access to the Event. Denial of access on that basis does not in itself constitute grounds for a refund of the amount paid for the ticket, provided that the relevant conditions were clearly available to the Customer before purchase, without prejudice to rights to which the Customer is entitled under mandatory provisions.

16.
Force Majeure

16.1.
Gigs Tix shall not be liable for non-performance or delay in the performance of its obligations if this is a direct consequence of circumstances arising after conclusion of the contract which Gigs Tix could not reasonably have foreseen, prevented, avoided or remedied.

16.2.
Such circumstances may in particular include interruptions to public communications or energy networks, serious attacks on information systems, decisions of competent authorities or interruptions to the services of third-party providers on which performance of the obligation depends, provided that such circumstances are beyond the reasonable control of Gigs Tix.

16.3.
For the duration of such circumstances, performance of the obligation may be postponed to the extent and for the period during which performance was prevented or delayed directly as a result of those circumstances. Gigs Tix shall take reasonable measures to limit the consequences and, where appropriate, inform the Customer of circumstances affecting performance of the obligation.

16.4.
This provision does not exclude or limit rights to which the Consumer is entitled under mandatory provisions.

17.
Allocation of Responsibilities

17.1.
Obligations of the Organizer:

  • 17.1.1.
    The Organizer is solely responsible for: (1) accuracy of Event information — the truthfulness, accuracy and completeness of all information concerning the Event published on the Portal, including the name, date, time and place of the Event, programme, performers, ticket categories, prices and special conditions; (2) accuracy of the status statement — the truthfulness of the statement as to whether, in relation to the contract for the provision of a service related to the Event, it acts as a trader within the meaning of the Law; (3) organization and holding of the Event — including postponement, cancellation and modification of the Event, as well as safety, rules of conduct and conditions of access; (4) conclusion and performance of the contract with the Customer — including handling refund requests and complaints relating to the service connected with the Event; and (5) fulfilment of all obligations arising from the Law, if it acts as a trader; (6) fulfilment of all obligations arising from relevant regulations if the Organizer does not act as a trader within the meaning of the Law.
  • 17.1.2.
    The Organizer bears sole responsibility for the content of the offer and for performance of the service related to the Event.

17.2.
Obligations of Gigs Tix

  • 17.2.1. Gigs Tix provides information society and online marketplace services. Gigs Tix’s obligations are limited to providing the services set out in these Terms, for the proper performance of which Gigs Tix is responsible, and which primarily include: (1) provision of technical means — ensuring the technical capabilities for displaying Events, searching, purchasing, payment and ticket issuance; (2) sale, collection of payment and issuance of tickets in the name and for the account of the Organizer, within the limits of the authority granted; (3) online order processing service — where that service is provided and charged to the Customer, Gigs Tix is responsible in its own name for its proper and conforming performance; (4) informing the Customer — providing the information prescribed by Article 28 of the Law, on the most important ranking parameters, the status of the Organizer and the applicability of the provisions of the Law; and (5) operation of the Portal and services directly offered and charged by Gigs Tix to Users.
  • 17.2.2. Gigs Tix is not a contractual party to the contract for the provision of a service related to the Event concluded by the Customer with the Organizer and is not responsible for the performance of the Organizer’s obligations under that contract, nor does it participate in determining the substantive content of that service. This provision does not exclude or limit the liability of Gigs Tix for its own obligations and conduct towards the Customer in the process of sale, payment collection and ticket issuance, or for the online order processing service.

18.
Complaints

18.1.
The Consumer may submit a complaint to Gigs Tix:

  • 18.1.1.
    Orally or in writing at the business premises of Gigs Tix at Kralja Aleksandra 12, Novi Sad.
  • 18.1.2.
    Electronically to the email address tix@gigstix.com.
  • 18.1.3.
    By telephone at 066/850-7100.
  • 18.1.4.
    Orally or in writing at the physical point of sale at which Gigs Tix directly carries out sales and at which the ticket was purchased.

18.2.
A complaint shall be submitted upon presentation of the receipt for inspection or other appropriate proof of purchase.

18.3.
Where a complaint is submitted at a physical point of sale at which Gigs Tix directly carries out sales and which is located within the business premises of another legal person, the person working at that point of sale is authorized to receive the complaint and forward it to Gigs Tix. The complaint procedure is conducted by Gigs Tix, which records the complaint and without delay provides the Consumer with confirmation of its receipt, or the number under which the complaint has been registered.

18.4.
Where the ticket was sold to the Consumer by a Partner, the complaint may be submitted to the Partner at the point of sale at which the ticket was purchased. The Partner handles the complaint in accordance with the Law, while Gigs Tix may, in accordance with its business relationship with the Partner, participate in processing the complaint and communicating with the Organizer.

18.5.
In response to a complaint submitted to Gigs Tix, Gigs Tix shall respond to the Consumer without delay and no later than within eight days from the date of receipt of the complaint, in writing or electronically. The response shall contain a decision as to whether the complaint has been accepted, an explanation if the complaint has not been accepted, a statement regarding the Consumer’s request and, where the complaint has been accepted, a specific proposal and deadline for resolving it. The period for resolving an accepted complaint may not exceed 15 days from the date on which the complaint was submitted.

18.6.
Where a Consumer complaint submitted to Gigs Tix relates to performance of the Organizer’s obligations arising from the contract for the provision of a service related to the Event, and the Organizer acts as a trader within the meaning of the Law in that contractual relationship, Gigs Tix records the complaint and forwards it to the Organizer for a statement and determination of the relevant facts and conducts the complaint procedure in accordance with the Law. Submission of a complaint to Gigs Tix on this basis neither transfers nor excludes the Organizer’s responsibility for performance of its obligations towards the Customer, nor does it change the fact that any consumer dispute relating to those obligations concerns the Organizer. The Organizer bears sole responsibility for the conformity of the Event organization service.

18.7.
Where the Organizer, in relation to the contract for the provision of a service related to the Event, does not act as a trader within the meaning of the Law or the Customer does not have the status of a Consumer, a request by the Customer relating to performance of the Organizer’s obligations does not constitute a complaint within the meaning of the Law. For the purpose of exercising their rights under such contract, the Customer shall contact the Organizer directly. Gigs Tix is not required to decide on such request or conduct the complaint procedure prescribed by the Law.

18.8.
The preceding paragraph does not affect the Consumer’s right to submit a complaint to Gigs Tix or the Partner in relation to their own obligations towards the Consumer, where the conditions prescribed by the Law are met.

18.9.
Receipt and processing of a complaint relating to the Organizer’s obligations neither transfers nor excludes responsibility of the Organizer for performance of its obligations towards the Customer, nor makes Gigs Tix a contractual party to the contract for the provision of a service related to the Event.

18.10.
Gigs Tix shall act in accordance with the decision and proposal for resolving the complaint if it has previously obtained the Consumer’s consent. The time limit for resolving the complaint is suspended when the Consumer receives Gigs Tix’s response and resumes when Gigs Tix receives the Consumer’s statement.

18.11.
The Consumer is required to respond to the reply no later than within three days from the date of receipt of the reply. In its response to the complaint, Gigs Tix expressly informs the Consumer of this obligation, the consequences of failure to comply with that time limit and the suspension of time limits.

18.12.
If the Consumer fails to respond within the specified period, they shall be deemed not to have agreed with the proposal of Gigs Tix.

18.13.
If Gigs Tix, for objective reasons, is unable to satisfy the Consumer’s request within the prescribed period, it is required to inform the Consumer of the extension of the period for resolving the complaint, specify the period within which it will resolve the complaint and obtain the Consumer’s consent, which it shall record in the register of received complaints.

18.14.
The period for resolving a complaint may be extended only once.

19.
Possibility of Out-of-Court Resolution of a Consumer Dispute

19.1.
The Consumer has the right, after having previously submitted a complaint or objection to the trader to whom the dispute relates, to initiate proceedings for the out-of-court resolution of a consumer dispute before the competent body, in accordance with the Law.

19.2.
For the purposes of this provision, the trader to whom the dispute relates may be the Organizer, where the Organizer acts as a trader within the meaning of the Law in the specific contractual relationship and the dispute relates to a service connected with the Event, Gigs Tix, where the dispute relates to Gigs Tix’s obligations in connection with the sale, collection of payment and issuance of tickets or the online order processing service, or the Partner, where the dispute relates to its obligations towards the Consumer.

19.3.
Where the Organizer does not act as a trader within the meaning of the Law, a dispute between the Customer and the Organizer does not constitute a consumer dispute within the meaning of the Law and the provisions of the Law concerning out-of-court resolution of consumer disputes do not apply to it.

19.4.
A trader that is a party to a consumer dispute is required to participate in proceedings for the out-of-court resolution of the consumer dispute before the competent body, in accordance with the Law.

19.5.
The list of bodies for the out-of-court resolution of consumer disputes is available on the website of the ministry competent for consumer protection matters (https://vansudsko.must.gov.rs/). The Consumer may initiate proceedings before such a body only if they have previously submitted a complaint or objection to the trader to whom the dispute relates. Out-of-court resolution of a consumer dispute before the competent body, in accordance with the Law, may last for no longer than 90 days from the date of submission of the proposal and, exceptionally, where the subject matter of the dispute is complex, that period may be extended by no more than an additional 90 days.

20.
Partial Invalidity

20.1.
If any provision of these Terms is found to be null and void, invalid or unenforceable, this shall not affect the validity and application of the remaining provisions, unless the specific contractual relationship cannot continue without such provision or such a result would be contrary to mandatory provisions.

21.
Jurisdiction

21.1.
For disputes with a Consumer, the territorial and subject-matter jurisdiction of the court shall be determined in accordance with applicable regulations.

21.2.
For disputes between Gigs Tix and a Customer who does not have the status of a Consumer within the meaning of the Law, the jurisdiction of the court having subject-matter jurisdiction in Novi Sad is agreed.

22.
Language

22.1.
These Terms are drawn up in the Serbian language. Any translations into other languages are made available solely for easier understanding. In the event of any discrepancy between the Serbian version and a translation, the Serbian-language version shall prevail.