Cancellation, Rescheduling& Exceptional Circumstances Policy
Rules for cancellation, rescheduling, No-Show and exceptional circumstances
Rules for cancellation, rescheduling, No-Show and exceptional circumstances
Last updated: 26 August 2026
Version: 2.3
Effective date: upon publication on toybayram.az
TOYBAYRAM - event search platform
Email: [email protected]
Website: toybayram.az
This Cancellation, Rescheduling & Exceptional Circumstances Policy sets out the rules for using TOYBAYRAM when a Confirmed Booking is cancelled, rescheduled, changed or affected by exceptional circumstances. It does not replace the direct arrangements between the Customer and Performer and does not make TOYBAYRAM a party to their Booking Agreement.
Core principles
All consequences of cancellation and rescheduling are agreed directly between the Customer and the Performer.
TOYBAYRAM does not decide refunds, deposit retention, compensation or damages and does not intervene in those financial arrangements.
Rescheduling or a material change to a Confirmed Booking becomes effective only after the other party agrees.
A replacement Performer may be used only with the Customer's express consent.
Performer No-Show is a serious Platform violation and may result in suspension or termination of the account.
Force Majeure is considered separately from Serious Illness / Emergency / Incapacity and is not established automatically merely because a party claims it.
Contents
Status of this Policy and the role of TOYBAYRAM1-7
Cancellation of a Booking8-16
Rescheduling and Changes to a Confirmed Booking17-24
No-Show and Other Failure to Perform25-31
Exceptional Circumstances32-40
Disputes, Records and Platform Protection41-48
Appendix A. Standard Cancellation Presets
I. STATUS OF THIS POLICY AND THE ROLE OF TOYBAYRAM
1.Purpose and scope
This Policy governs TOYBAYRAM features relating to cancellation, rescheduling, changes and exceptional circumstances affecting bookings between a Customer and a Performer. It applies together with the TOYBAYRAM Terms of Use, Customer Terms & Booking Conditions, Performer Terms & Service Provider Agreement and the specific Booking Agreement.
For this Policy: a “calendar day” means every day of the calendar; a “business day” means a working day under the official production/work calendar of the Republic of Azerbaijan; references to time use official Baku local time (AZT). A cancellation or rescheduling notice submitted through the designated Platform function is considered submitted at the time recorded by the Platform. If notice is given outside the Platform, it is considered submitted when received by the other party.
Where a statutory 7-business-day withdrawal period applies and the required pre-contract information has been provided as required by law, the period is calculated from the date the Confirmed Booking / Booking Agreement is formed. If mandatory law sets a later commencement because required information was not properly provided, the statutory rule prevails.
For purposes of this Policy, the pre-contract information block shown before confirmation includes, as applicable: the essential characteristics of the service; the total agreed price, including applicable taxes and mandatory charges disclosed by the Performer; payment and advance terms; the order and timing of performance; information on the statutory withdrawal right and its exceptions; the validity period of the offer or proposed terms; the principal steps for concluding the Booking Agreement; the address or channel for claims; and the technical means available to identify and correct input errors before confirmation. TOYBAYRAM records the fact, date and time in AZT, and version of the block shown.
2.Direct arrangements between the parties
All decisions concerning cancellation, rescheduling, return or retention of a deposit, reimbursement of expenses, changes to the date, time or venue, and any other consequences are made directly by the Customer and the Performer. TOYBAYRAM does not impose those consequences on the parties.
3.Role of TOYBAYRAM
TOYBAYRAM is not a party to the Booking Agreement and does not act as event organizer, Performer, agent, guarantor or arbitrator of a private dispute between the Customer and the Performer.
The Platform may provide technical tools for submitting cancellation or rescheduling requests, recording statuses, retaining message history and Agreement versions, and applying its own moderation and safety rules.
4.No automatic determination of financial consequences
TOYBAYRAM does not determine who is entitled to a deposit, what amount must be refunded, who must reimburse expenses, or what damages may be claimed. Those matters are resolved directly by the parties, subject to applicable law.
5.Priority of the Booking Agreement and Selected Cancellation Terms
The confirmed Booking Agreement and the Cancellation Preset / other expressly agreed Cancellation Terms selected by both parties govern the direct Customer-Performer relationship for cancellation and rescheduling to the extent permitted by applicable law.
Before Confirmed Booking, cancellation terms must be recorded; the Platform should block confirmation if the required Cancellation Terms field is incomplete.
The full text of the selected Preset must be shown to both parties on the Booking confirmation screen and reproduced in the saveable version of the Booking Agreement made available to each party for the entire duration of the Agreement.
TOYBAYRAM rules on safety, No-Show, misuse, moderation and sanctions apply independently of the parties' private financial arrangements.
6.Good faith and reasonable cooperation
The parties must act in good faith, notify each other promptly of circumstances that may affect the Event, and take reasonable measures to reduce foreseeable losses and organizational consequences.
7.Recording actions on the Platform
For transparency, the parties are encouraged to use TOYBAYRAM features such as Change Request, Reschedule, Cancellation and Messages. Platform records may evidence the fact and time of a technical action, but do not by themselves determine the parties' civil liability.
II. CANCELLATION OF A BOOKING
8.Customer Cancellation and the 7-Business-Day Withdrawal Right
A Customer may initiate cancellation of a Confirmed Booking and should notify the Performer without undue delay through the available Platform function and/or Messages.
Information notice: under the laws of the Republic of Azerbaijan, a consumer may have a statutory right to withdraw from an electronically concluded contract within 7 business days without penalty and without giving a reason. Statutory exceptions may apply, including where performance begins during that period at the Customer’s request or with the Customer’s consent. Applicability is determined by law. TOYBAYRAM does not ask the parties to make a legal classification and does not decide that issue for them.
The Booking Agreement therefore records only factual fields: Performer status, Customer status, and whether performance is scheduled to begin or has begun within the first 7 business days after formation of the Confirmed Booking at the Customer’s request or with the Customer’s consent.
9.Cancellation Presets and Financial Consequences
Before Confirmed Booking, the Customer and Performer must select and confirm one standard Cancellation Preset or another expressly completed option where the Platform provides that functionality. The advance must simultaneously be recorded as a specific AZN amount, including 0 AZN where no advance is provided; confirmation should be unavailable until both fields are completed.
The complete and controlling text of the Flexible, Standard and Strict Presets appears only in Appendix A to this Policy. Customer Terms and the Booking Agreement incorporate that Appendix by reference instead of reproducing the Preset text.
Mandatory law prevails over every Preset. Where a statutory consumer withdrawal right applies during the first 7 business days after formation of the Confirmed Booking, that right and its statutory consequences prevail over the selected Preset, except where performance has begun during that period at the Customer’s request or with the Customer’s consent or another statutory exception applies. After the statutory withdrawal period ends, the selected Preset governs subject to other mandatory law.
TOYBAYRAM does not accept, hold or distribute an advance and does not decide a private financial dispute.
10.Cancellation by the Performer
If the Performer cannot fulfil a Confirmed Booking, the Performer must notify the Customer without undue delay and discuss available options, including rescheduling, another mutually acceptable solution or, where possible, proposing a replacement.
11.Replacement Performer
A Performer may propose another performer, but no replacement is effective without the Customer's express consent. The Customer may reject a proposed replacement and is under no obligation to accept it.
TOYBAYRAM does not select or guarantee a replacement unless a separate Platform feature expressly provides otherwise.
12.Financial consequences of Performer cancellation
Where the Performer cancels a Confirmed Booking or a No-Show occurs, the financial rules in Appendix A to this Policy apply. Any required return of the recorded advance is made by the Performer directly to the Customer. TOYBAYRAM does not receive, hold, transfer, retain or refund the relevant funds and does not participate in carrying out the return. Other claims, including expenses and losses, are resolved directly between the parties subject to applicable law.
13.Cancellation before a Confirmed Booking
Before mutual confirmation of the Booking Agreement, a Request, Discussion, Meeting or proposal may be discontinued by either party using the available functionality without creating a Confirmed Booking, unless the parties have separately assumed other obligations.
14.Cancellation after agreed changes
If the parties confirm a new version of the Agreement following a Change Request or rescheduling, any subsequent cancellation is assessed by reference to the latest mutually confirmed version of the terms.
15.Method of notice
If the Platform provides a dedicated cancellation function, the party should use it and, where appropriate, also notify the other party through Messages. Sending a cancellation notice does not mean that the other party automatically agrees with any financial consequence.
16.False or abusive cancellation
The cancellation mechanism must not be used to mislead the other party or TOYBAYRAM, manipulate ratings, create a fictitious history, circumvent Platform rules or conceal an actual No-Show.
III. RESCHEDULING AND CHANGES TO A CONFIRMED BOOKING
17.Rescheduling an Event
Changing the date of a Confirmed Booking requires renewed agreement with the Performer. The Customer may not treat a new date as confirmed merely because the original Booking was Confirmed.
18.Change Request
A change to the date, time, venue, duration, scope of service, material technical requirements, service composition or any other material term must be submitted as a new proposal or Change Request and becomes effective only after the other party expressly agrees.
19.Existing terms remain effective
Until a Change Request is accepted, the latest mutually confirmed version of the Booking Agreement remains in effect unless the parties expressly agree otherwise.
20.Performer unavailable on the new date
If the Performer is unavailable on the proposed new date or time, the Performer may decline the rescheduling request. The parties determine the consequences, including possible cancellation and financial matters, directly between themselves.
21.Change of venue
A material change to the venue, city or venue conditions requires the Performer's consent, particularly where it affects travel time, Travel / Service Area, equipment, technical requirements or the ability to provide the service.
22.Price changes resulting from changed terms
If a change to the Event objectively changes the scope, duration, travel or technical conditions of the service, a revised price may only be agreed mutually. Neither party may unilaterally replace the previously confirmed price with a new one.
23.Agreement version history
TOYBAYRAM may retain prior Agreement versions, Change Requests and confirmation timestamps. A new version is considered agreed only after the Platform's required confirmation by both parties.
24.Withdrawal of a proposed change
A party that submitted a Change Request or Reschedule Request may withdraw it before acceptance by the other party if the Platform permits that action. Withdrawal does not alter the previously effective confirmed terms.
IV. NO-SHOW AND OTHER FAILURE TO PERFORM
25.Performer No-Show
No-Show means a situation where the Performer has a Confirmed Booking, has not properly cancelled it, fails to attend the agreed venue or provide the agreed service, and there are no circumstances that TOYBAYRAM considers sufficient for its own account-moderation purposes.
26.No-Show as a serious Platform violation
No-Show is treated by TOYBAYRAM as a serious marketplace violation. The Platform may request an explanation, restrict account features, temporarily suspend or terminate the Performer's access, particularly in the case of repeated or clearly unjustified No-Show.
27.Financial claims arising from No-Show
Any Customer claim for refund, reimbursement of expenses, damages or other compensation must be directed to the Performer. TOYBAYRAM does not become liable for those claims and is not required to pay compensation from its own funds.
28.Reporting a No-Show
A Customer may report an alleged No-Show to TOYBAYRAM and provide available information. The Platform's review is for account-rule and safety purposes and is not a judicial or arbitral determination of a civil dispute.
29.Failure caused by the Customer
If the Performer cannot provide the service because of the Customer's acts or omissions, including failure to provide venue access, materially inaccurate Event information or failure to provide agreed technical conditions, the parties determine the consequences directly between themselves.
30.Late arrival and partial performance
Late arrival, shortened duration or partial performance are assessed by the parties under the specific Booking Agreement. TOYBAYRAM may consider substantiated information for account moderation but does not determine the amount of compensation.
31.Abuse of complaints
Knowingly false No-Show allegations, threats to file complaints for leverage, fabrication of evidence or other abuse of the complaint system may be treated as a violation of TOYBAYRAM rules.
V. EXCEPTIONAL CIRCUMSTANCES
32.Force Majeure
Force Majeure means extraordinary external circumstances beyond the reasonable control of the affected party that objectively prevent performance of a Confirmed Booking. A party's mere use of the term Force Majeure does not automatically cause TOYBAYRAM or the other party to recognize that status.
If Force Majeure results in the Performer not providing the agreed service, it does not displace the recorded-advance return rule for Performer cancellation / No-Show set out in Appendix A: any advance that is due to be returned is returned by the Performer directly to the Customer. Allocation of other actually incurred expenses and losses is determined directly between the parties subject to applicable law. TOYBAYRAM does not participate in payments, refunds or allocation of those expenses or losses.
33.Examples of potential Force Majeure events
Depending on the facts, such circumstances may include natural disasters, war, civil unrest, a state of emergency, a binding government prohibition on holding the Event, substantial official travel restrictions or other comparable extraordinary external events.
34.Circumstances that are generally not Force Majeure
An ordinary change of plans, lack of funds, inconvenience, expected traffic, poor time planning, ordinary seasonal weather, lack of necessary equipment or other matters reasonably within a party's control are not, by themselves, normally treated as Force Majeure.
35.Serious Illness / Emergency / Incapacity
Serious illness, a medical emergency or sudden incapacity of the Performer is considered separately from the general concept of Force Majeure. The Performer should, as far as reasonably practicable, notify the Customer immediately and discuss rescheduling, replacement or another direct solution.
If Serious Illness / Emergency / Incapacity results in the Performer not providing the agreed service, it does not displace the recorded-advance return rule for Performer cancellation / No-Show set out in Appendix A: any advance that is due to be returned is returned by the Performer directly to the Customer. Other actually incurred expenses and losses are resolved directly between the parties subject to applicable law. TOYBAYRAM does not participate in payments or refunds.
36.Supporting information
For its own moderation purposes, TOYBAYRAM may request reasonable supporting information concerning the circumstance relied upon by a User. Such a request does not make TOYBAYRAM a party to the Agreement and does not mean that the Platform determines the civil-law consequences.
37.Transport and road circumstances
Ordinary traffic, insufficient travel allowance and predictable delays do not relieve the Performer of the obligation to plan arrival reasonably. A substantial official road closure, extraordinary shutdown of transport services or comparable external event is assessed according to the specific circumstances.
38.Weather conditions
Ordinary adverse weather is not automatically a basis for cancellation. An extraordinary weather event, official warning, closure of an area or genuine safety threat may be treated by the parties as an exceptional circumstance.
39.Venue closure and governmental restrictions
If the venue becomes unavailable or a competent authority prohibits the Event, the parties must directly discuss rescheduling, an alternative venue or cancellation. TOYBAYRAM does not automatically determine the financial consequences of that decision.
40.Duty to mitigate consequences
A party affected by exceptional circumstances should, where possible, notify the other party promptly and take reasonable measures to reduce the consequences, including discussing rescheduling or another practical alternative.
VI. DISPUTES, RECORDS AND PLATFORM PROTECTION
41.Direct resolution of disputes
Disputes concerning the reason for cancellation, return or retention of a deposit, compensation, expenses, losses, rescheduling, quality of performance or other consequences of the Booking Agreement are resolved directly between the Customer and the Performer.
42.Complaint to TOYBAYRAM
A User may contact TOYBAYRAM regarding the conduct of the other party. The Platform may review the matter solely for compliance with TOYBAYRAM rules, safety, profile accuracy and possible account sanctions.
43.No arbitration role of TOYBAYRAM
Reviewing a complaint, requesting documents, restricting an account, changing a profile status or taking another moderation action does not mean that TOYBAYRAM has determined one party's legal liability to the other or established the amount of any monetary obligation.
44.Technical records
TOYBAYRAM may retain available technical records, including the time a Request was sent, Agreement confirmations, Change Requests, Messages, Cancellation status and other events. Such records may be used for Platform operations, safety and complaint review subject to applicable law.
45.Limitation of TOYBAYRAM liability
To the maximum extent permitted by applicable law, TOYBAYRAM is not liable for cancellation or disruption of an Event, rescheduling, No-Show, quality or partial performance of a service, loss of a deposit, expenses, lost opportunities or other consequences of the direct relationship between the Customer and Performer.
Nothing in this Policy excludes TOYBAYRAM liability for its own acts where such liability cannot lawfully be excluded.
46.Platform sanctions
TOYBAYRAM may apply a Warning, Feature Restriction, Temporary Suspension or Permanent Termination in cases of No-Show, fraud, abuse of cancellations, fabricated evidence, threats, systematic breach of confirmed bookings or other serious violations.
47.Applicable Law, Pre-action Claims and Mandatory Rights
This Policy applies subject to the laws of the Republic of Azerbaijan and mandatory rules that apply regardless of choice of law.
Financial consequences of cancellation are resolved directly by the Customer and Performer. For claims concerning TOYBAYRAM’s own conduct, the pre-action procedure and jurisdiction rules in the Terms of Use apply; mandatory consumer rights remain unaffected.
48.Changes, Language Versions and Contact
TOYBAYRAM may update this Policy as the Platform and law evolve. Material changes may require renewed explicit acceptance where required by law or the nature of the change.
This document is published in Azerbaijani, Russian and English. If the versions differ, the Azerbaijani version has prevailing legal force. This does not restrict mandatory consumer rights.
Contact: [email protected]. Website: toybayram.az.
APPENDIX A. STANDARD CANCELLATION PRESETS
This Appendix forms part of the Cancellation, Rescheduling & Exceptional Circumstances Policy. The selected Preset becomes part of the direct Customer ↔ Performer Booking Agreement only after both parties confirm it. The advance amount must be recorded in the Booking Agreement as a specific AZN amount, including 0 AZN where no advance is provided. Any return of an advance under this Appendix is carried out directly between the Performer and the Customer. TOYBAYRAM does not receive, hold, transfer, retain, refund or distribute the advance and does not participate in carrying out the return.
The full text of the selected Preset must be shown to both parties on the Booking confirmation screen and reproduced in the saveable version of the Booking Agreement made available to each party for the entire duration of the Agreement.
Flexible — if the Customer submits a cancellation notice at least 14 calendar days before the Event, the Performer returns 100% of the recorded advance within 7 calendar days from submission of the cancellation notice; for a later Customer cancellation, the Performer returns 50% of the recorded advance within 7 calendar days from submission of the cancellation notice.
Standard — if the Customer submits a cancellation notice at least 7 calendar days before the Event, the Performer returns 50% of the recorded advance within 7 calendar days from submission of the cancellation notice; for a later Customer cancellation, the recorded advance is non-refundable, subject to mandatory law.
Strict — after a Confirmed Booking, the recorded advance is non-refundable on Customer cancellation, subject to mandatory law.
Performer cancellation / No-Show — regardless of the selected Preset, if the Performer cancels a Confirmed Booking or a No-Show occurs, the Performer directly returns 100% of the recorded advance to the Customer within 7 calendar days from the cancellation or the No-Show. Where the Customer is a consumer, no departure from this rule is permitted. In other cases, the parties may expressly agree otherwise only to the extent permitted by mandatory law. The return is made using the same method by which the advance was transferred unless the parties expressly agree another method; any necessary return details are recorded in the Booking Agreement. TOYBAYRAM does not receive, hold, transfer, retain or refund the advance and does not participate in carrying out the return; the Platform may only technically display and record information and statuses agreed by the parties. This rule does not limit the Customer's right to assert claims directly against the Performer for damages or other remedies available under applicable law.
Mandatory law prevails over every Preset. Where a statutory consumer withdrawal right applies during the first 7 business days after formation of the Confirmed Booking, that right and its statutory consequences prevail over the selected Preset, except where performance has begun during that period at the Customer’s request or with the Customer’s consent or another statutory exception applies. After the statutory withdrawal period ends, the selected Preset governs, subject to other mandatory law.
This document is published in Azerbaijani, Russian and English. In the event of a discrepancy, the Azerbaijani version prevails. Questions about this document: [email protected]