Terms of Purchase

The parties of this Distance Purchase and Sale Agreement (hereinafter — the Agreement) are: Questory SIA (hereinafter — the Seller), on the one hand, and a natural or legal person with legal capacity who has purchased a gift card (hereinafter — the Card) at Quest.lv website or uses a Card purchased by himself or a third party (hereinafter — the Buyer), on the other hand.

1. Object of the Agreement

1.1. The Agreement governs the relationship between the Seller and the Buyer (hereinafter referred to as the Parties) in relation to the conditions for obtaining, delivery and payment of the Card.

1.2. By this Agreement, the Seller undertakes to provide the Buyer with the purchased Card, and the Buyer undertakes to pay the Seller the Card price and use the service specified in the Card in the manner set out in the Agreement.

1.3. The Card contains a reservation code (hereinafter — the Reservation Code), which, upon activation (payment of the price indicated on the Card), entitles the Buyer to request, during the validity period of the Card, the service specified on the Card and the Buyer undertakes to use the service specified on the Card in accordance with the procedures set out in this Request. The activated Reservation Code is the only proof of order and payment for the service specified in the Card.

1.4. The Buyer acknowledges that he is familiar with the fact that the Seller may require additional agreements and/or consents related to and not in conflict with the Terms of Service to be signed prior to the provision of the service set out in the Card. The Buyer is aware that if he refuses to sign the agreements and/or consents referred to in this paragraph of the Agreement, the Seller may refuse to provide the service set out in the Card, in which case the Buyer shall not be refunded the money with which the Card was purchased.

1.5. The Buyer acknowledges that he has fully read the description of the content of the Card service distributed on Quest.lv and purchased by him and any and all additional requirements (including, but not limited to, age restrictions) specified, which are binding on the Buyer. The Buyer acknowledges that the Seller may refuse to provide the service set out in the Card to a person who does not meet the requirements for the provision of the service, in which case the Buyer will not be refunded the money for which the Card was purchased.

1.6. By purchasing a Card, the Buyer acknowledges that he is aware of: The Seller may refuse to provide the service set out in the Card if the provision of such service in a particular case would endanger the health or life of the Buyer or otherwise cause damage. The Buyer further acknowledges and understands that there may be certain services that can only be used during certain seasons or whose use may be affected by other circumstances.

1.7. The services offered at Quest.lv, which the Card Buyer may purchase, may be dangerous to health and life. By purchasing a Card, the Buyer acknowledges that he is aware of all health and life hazards listed on Quest.lv related to the services for which the Card is purchased by the Buyer.

2. Card Price, Purchase and Payment Procedure

2.1. The terms of this Agreement shall apply if the Card is purchased on the Quest.lv website at https://quest.lv/gift-card/.

2.2. The value (price) of the card is shown on the website.

2.3. By purchasing a Card, the Buyer shall:

2.3.1. complete an order form (Order Form);

2.3.2. pay the Card Price (and any additional charges, if applicable) in accordance with the instructions on Quest.lv.

2.4. The Buyer has the right to choose the method of payment and to settle the Card purchased:

2.4.1. by bank transfer to the account specified by the Seller;

2.4.2. cash by courier in the case of delivery.

2.6. The Buyer acknowledges that he understands and does not dispute that the Card purchased under the terms of the Agreement cannot be returned to the Seller and the money paid for it shall not be refunded, except for the withdrawal from the Agreement as provided for in the Agreement.

3. Entry into Force of the Agreement

3.1. The Buyer confirms that he has carefully read and fully agrees to the terms of the Agreement before entering into the Agreement.

3.2. The Buyer acknowledges that the Agreement shall come into effect from the moment the Buyer clicks on the SUBMIT button in accordance with the instructions provided on the Website, thereby indicating his acceptance of the terms of the Agreement.

3.3. The Seller undertakes to confirm the conclusion of the Agreement without delay by sending a confirmation to the e-mail address indicated in the Buyer’s Order Form.

4. Card Delivery

4.1. The Card may be delivered at the Buyer’s choice:

4.1.1. within 1 (one) hour after receipt of payment of the invoice issued by the Seller to the e-mail address specified in the Buyer’s Order Form.

4.1.2. by post or courier to the address specified in the Buyer’s Order Form. In this case, the delivery time depends on the conditions applied by the courier. The prices/expenses for courier services shall be clearly and unambiguously communicated to the Buyer on the Website.

5. Card Validity and Conditions of Use

5.1. A Card purchased by the Buyer under the Agreement shall be valid for a period of 12 (twelve) months from the date of the Agreement (subject to the exceptions set out in the Agreement), such period to be recorded on the Card.

5.2. A Card which can only provide a specified service at a particular time of the year or in certain climate conditions (Seasonal Service) shall be valid only for the duration of that season or climate condition, but no longer than the term specified in the Card.

5.3. The Buyer acknowledges that it clearly understands:

5.3.1. the term set out in the Card is non-extendable and/or non-renewable;

5.3.2. if the Card is not used by the Buyer within the validity period specified therein, the Buyer will be deemed not to have opted for the service, in which case no refund will be made.

5.7. The Buyer acknowledges: that it is aware that the date and time of the provision of the services set out in the Card is determined on the basis of the Booking Terms prepared by the Seller. Essential Booking Conditions: in order to receive the Service, the Cardholder must contact the Seller at the telephone number indicated on the Card, by e-mail or by any other means indicated and, indicating the Reservation Code and the expiry date, make a reservation using the Reservation Code indicated on the Card, obtain confirmation of the reservation and additional information and arrive at the agreed time at the agreed place. The Buyer clearly understands that his failure to arrive at the agreed time and place shall be deemed to be an act of the Buyer contrary to these Terms and Conditions and the money paid for the Card in such case shall not be refunded as a penalty and its value shall not be otherwise compensated.

5.8. The Buyer acknowledges and agrees that the duration of the service purchased by the Buyer may be longer than stated. The Buyer will be informed of the exact duration of the service directly by the Seller.

6. Parties’ Rights and Obligations

6.1. The Buyer has the right to:

6.1.1. unilaterally withdraw from this Agreement within 14 (fourteen) days from the date of this Agreement. The right of withdrawal shall not be exercised if the Buyer has commenced the provision of the Service within such 14 (fourteen) day period. Similarly, the Buyer may not exercise the right of withdrawal in all other cases provided for in the laws and regulations of the Republic of Latvia, if the provisions of such laws and regulations are applicable to the service in question (2014.gada 20.maija MK noteikumi Nr.255 „Noteikumi par distances līgumu”);

6.1.2. require the Seller to properly fulfil its obligations under the Contract.

6.2. The Buyer is obliged to:

6.2.1. in case of refusal in accordance with the procedure set out in Article 6.1.1 of the Agreement, to return the Card obtained under the Agreement to the Seller at the Seller’s expense within fifteen days after sending a written notice;

6.2.2. to provide all data requested by the Seller upon conclusion of the Agreement;

6.2.3. when transferring its rights under the Contract to third parties, ensure and warrant that the person to whom such rights are transferred will properly comply with its obligations under the Contract.

6.2.4. to come to the Seller at the agreed time and place to receive the Service.

6.3. The Seller shall have the right:

6.3.1. refuse to enter into a Contract with the Buyer if false, inaccurate, misleading or incomplete information is provided at the time of entering into the Contract.

6.4. The Seller is obliged to:

6.4.1. upon receipt of the Buyer’s notice of withdrawal from the Agreement in the case set out in Article 6.1.1, within fifteen days cancel the validity of the Card and return the money paid for the Card to the Buyer.

6.4.2. ensure due observance of the Booking Terms and ensure that the service set out in the Card is provided to the Buyer as soon as is reasonably practicable in the circumstances beyond the Seller’s control;

6.4.3. comply with confidentiality and data protection requirements.

7. Conditions of Data Provision

7.1. The Buyer must provide complete and truthful information when completing the Order Form.

7.2. If the Buyer has provided false, inaccurate or misleading data or has not provided all the required data when concluding the Contract, the risk of non-performance or improper performance of the Contract shall be borne by the Buyer, i.e. in this case the Seller shall not be liable for the proper performance of the Contract.

7.3. The Buyer grants the Seller the right to use the data provided by the Buyer free of charge to the extent necessary for the performance of the Contract. This right shall be valid until the end of the period of service specified in the Card.

7.4. If the Buyer agrees (consent is expressed by ticking the appropriate box), the Seller shall be entitled to use the data provided by the Buyer to send the Buyer information about news and promotions, as well as other information addressed to the Buyer.

8. Liability of the Parties

8.1. The Parties shall be liable for non-performance or improper performance of their obligations in accordance with the procedure established by the legislation of the Republic of Latvia.

8.2. The Buyer shall be responsible for ensuring that the data provided by it when concluding the Contract is correct and complete.

8.3. The Seller does not guarantee that the service specified in the Card may be provided on a particular day selected by the Buyer.

8.4. The Seller shall not be liable for the due performance of the Contract to the extent that the Buyer is at fault if it has provided false, inaccurate or misleading data or has not provided all the required data at the time of entering into the Contract.

8.5. The Seller shall not be liable for any damage caused during or in connection with the provision of the services set out in the Card. The Buyer acknowledges that he/she is aware of the following: all liability in connection with the provision of the services shall be borne by the providers thereof.

8.6. The Buyer shall address any complaints related to the Card purchased or related to the service received to the Seller by sending them to the e-mail address: ticket@quest.lv or in paper form to the Seller’s registered office. The Seller will, to the best of its ability, contact the Buyer, ascertain the cause of the issue and use its best endeavours to find a positive resolution to the issue. The Seller shall respond to the Buyer’s written complaints within the time and in the manner prescribed by the laws and regulations.

8.7. The Seller shall not be liable for any lost or stolen Card and any damage caused to the Buyer as a result thereof. The Buyer shall be fully responsible for the preservation of the Card received and for its or related information being made available to third parties.

8.8. The Parties shall not be liable for any failure to perform their obligations due to causes beyond their reasonable control and caused by circumstances beyond their reasonable control. Circumstances beyond the Parties’ reasonable foreseeability and control shall be considered to be beyond the Parties’ reasonable control. A Party may invoke force majeure if, and only if, it has taken all steps within its power to perform its obligations under this Agreement. After the unforeseen and force majeure has been remedied, the Party is obliged to proceed immediately with the performance of its contractual obligations to the extent objectively possible.

8.9. All information, including images, posted on the Site is the exclusive property of the Seller or is used under the specific consent of the author of the works. Any copying, distribution, transmission, display or other modification of the Site without the prior consent of the Seller is prohibited.

9. Privacy

9.1. The Seller undertakes to keep secret and not to disclose to third parties the data provided by the Buyer in the Order Form (except to third parties providing services, if this is necessary to ensure the proper and timely provision of the services specified in the Card). These obligations shall not apply if the disclosure of the Buyer’s data is necessary in the cases provided for by the legislation of the Republic of Latvia.

10. Other Conditions

10.1. The Parties expressly understand that if the Buyer assigns any rights under the Contract to third parties, they shall also be bound by the terms of this Contract.

10.2. The concluded Contracts shall not be saved on the website for later viewing.

10.3. The Parties undertake to send all writings, reports and other documents to each other by electronic mail or to submit them in writing, if required in the cases specified in the Contract.

The Buyer’s details are set out in the Application Form and the Seller’s details are deemed to be those set out below:

“Questory”
Sabiedrība ar ierobežotu atbildību (SIA)
40203226699
Latgales iela 419 – 89, Rīga, LV-1063, Latvija
Swedbank AS, HABALV22
LV04HABA0551047228857
Estonia VAT: LV40203226699-EX
Phone: +371 29361334
E-mail address: ticket@quest.lv

10.4. The Parties undertake to resolve any disagreements relating to the performance of the Contract by negotiation. If disputes or disagreements arising out of the performance of the Agreement are not settled by negotiation within 30 days of the submission of a written application, they shall be settled in the courts of the Republic of Latvia in accordance with the procedure established by the laws of the Republic of Latvia.

10.5. The Seller shall have the right to unilaterally amend this Agreement at its sole discretion. Amendments to the Contract shall take effect from the time they are published on the Website, and the Buyer shall be obliged to review this Contract before each subsequent Contract is entered into. Changes to this Contract will not apply to Contracts entered into between the Buyer and the Seller prior to the change becoming effective.