General terms and conditions of Ticketapply VOF
Article 1 Definitions
The following definitions are used in this agreement:
1.1 Organizer: The party responsible for organizing an event and selling tickets for admission to the event.
1.2 Event: A public or private event, including but not limited to fairs exhibitions and expositions, performances of an artistic and/or sporting nature, concerts and musicals.
1.3 Customer: The party using Ticketapply’s service to arrive at the purchase of a ticket.
1.4 General terms and conditions: these general terms and conditions for the use of Ticketapply
1.5 Ticket: admission ticket for an Event.
1.6 Entrance fees: Ticket price including transaction fees.
1.7 Cancellation insurance: Insurance for the cancellation of tickets which can be taken out by the customer with the insurance company that is established through the mediation of ticketapply. The organizer, on behalf of the insurance company, will bill the customer for the cost of the insurance and then settle with the insurance company without Ticketapply’s involvement.
1.8 Agreement: The agreement between the Organizer and the customer to provide services in the form of an event for a fee.
1.9 Ticketshop: Ticketapply’s service that enables the organizer to create a shop and the customer to order and/or reserve tickets from organizers who have a shop at Ticketapply.
1.10 Transaction Fee: The cost charged by Organizer per transaction.
1.11 Service fees: the costs charged by the organizer to the customer for the use of Ticketapply.
1.12 Pay.nl : The payment service provider that handles all payments between the customer and the organizer without the intervention of Ticketapply. Ticketapply will act as a reseller of Pay.nl. Through Ticketapply’s mediation, the organizer will become a merchant with Pay.nl and receive payments directly from Pay.nl which is supervised by DNB as a license holder for providing payment services.
1.13 Ticketapply: Ticketapply vof . located at Maasplein 27, 6541 XS Nijmegen.
Article 2 Establishment of the agreement
2.1 These terms and conditions apply to any use the Buyer makes of the Ticketshop.
2.2 The version of the relevant communication with the customer stored by Ticketapply shall serve as proof thereof, subject to evidence to the contrary from the customer.
2.3 The agreement is finalized after payment is received and approved by Pay.nl. Before payment is received, there can never be a contract between the organizer and the buyer.
2.4 Electronic communication established by means of e-mail shall be deemed to have been received after payment has been approved and confirmed to the customer by return of e-mail, unless the contrary is proven by the recipient. If communications have not been received due to delivery and/or accessibility problems related to the Customer’s e-mail box, this will be at the Customer’s risk, even if the e-mail box is housed with a third party.
2.5 If Pay.nl suspects a fraudulent payment, it reserves the right to reverse and return the payment.
2.6 An order by a customer is irrevocable. It is not possible to change or cancel an established agreement.
2.7 A customer cannot invoke the right of withdrawal. The right of withdrawal does not apply under Article 16l. Chapter 3 of Directive 2011/83/eu on consumer rights
Article 3 Use of the Ticketshop
3.1 Ticketapply is an online service that handles the ticket ordering process. Ticketapply provides a service for event organizers to sell tickets through a ticketshop to buyers. The agreement when purchasing a ticket that comes about is between the organizer and the customer. Ticketapply has no involvement in the concluded contract between the organizer and the customer.
3.2 When using the ticket shop, the customer must complete the order procedure. The information requested when going through the ordering process must be entered correctly in order to proceed through the ordering process. Customer warrants that this information is accurate, current and correct.
3.3 If the Customer has purchased a Ticket from an Organizer using the Ticketshop, the Customer can download the Ticket directly through the Ticketshop provided payment has been approved. The purchaser will also receive a confirmation email with the tickets by return via the email address provided. This confirmation also allows the customer to download the Ticket again.
3.4 If problems have occurred with respect to the operation of the Ticketshop, the customer may contact Ticketapply at email@example.com.
3.5 Ticketapply is not responsible for further conditions set up by organizers regarding access and use of tickets. Ticketapply is therefore not liable if, due to further conditions of the organizer, damage is suffered by the customer.
3.6 Ticketapply points out to the Customer that the Ticketshop relates to leisure activities as referred to in Article 7:46i paragraph 3 of the Dutch Civil Code so that the User does not have the right to dissolve the agreement without giving reasons as referred to in Article 7:46d of the Dutch Civil Code. Even if the Ticketshop were not related to leisure activities, the buyer cannot dissolve the contract since the Ticketshop is executed directly with the consent of the buyer. Pursuant to article 7:46d BW and 7:46i paragraph 5 under 1 BW, the buyer in that case has no possibility to dissolve the agreement without giving reasons.
3.7 Organizers are responsible for providing accurate information regarding events and tickets on the ticket shop. Misinformation regarding dates, ticket availability, event changes and cancellations are the responsibility of organizers. Ticketapply has no influence on the information provided by organizers and is not liable for damages suffered by customers due to incorrect information.
3.8 Ticketapply does not accept liability for damages if an event is cancelled. The amount paid for tickets is transferred directly to the organizer without Ticketapply’s intervention or interference. In case of cancellation, the organizer is responsible for refunding the amount. Refund of the amount paid will never be more the ticket price. Any transaction fees and service charges are non-refundable.
3.9 Ticketapply does not qualify as an organizer and is therefore not responsible for and does not guarantee the quality and content of the event.Also, Ticketapply does not accept any liability for the course of events around an event.
Article 4 Warranties and indemnities
4.1 The Customer accepts that the Ticketshop contain only the functionality and other features as found in the Ticketshop at the time of use Ticketapply expressly excludes explicit and tacit warranties, undertakings and indemnities of any nature whatsoever, including but not limited to, warranties, undertakings and indemnities regarding the quality, security, legality, integrity and accuracy of the Ticketshop.
4.2 The customer indemnifies Ticketapply against third-party claims based on the assertion that the activities carried out by the customer using the Ticketshop are unlawful in any way.
4.3 The Customer guarantees that when using the Ticketshop it will not use robots, spiders, scrapers, or other applications that in any way trigger actions other than those intended with the Ticketshop and/or will not use applications that monitor and/or copy the Ticketshop.
Article 5 Payment
5.1 The organizer determines the price charged for a ticket. Ticket prices include VAT unless otherwise indicated and include service charges but exclude transaction fees. Transaction fees are charged by the organizer in addition to the ticket price and are the responsibility of the customer.
5.2 Ticket prices are subject to change and adjustment at any time. After an order process has been completed, the price cannot be adjusted.
5.3 Ticketapply accepts no liability for the incorrect entry and ordering of tickets. Ticketapply also accepts no liability for refunding payments of erroneous orders nor for exchanging erroneous orders.
5.4 Payment transactions will always be made by Pay.nl through third party funds account. Ticketapply has no involvement in payments and their processing. Payments go directly through Pay.nl from buyer to organizer. The organizer has an approved merchant agreement with Pay.nl.
Article 6 Interruption of Ticketshop
6.1 Ticketapply can never be held liable for technical failures due to force majeure. Force majeure means war, riot, terror, fire, strikes, death of members of the royal family, failure of and damage to equipment and equipment of operating systems, natural disasters, pandemics and generally serious matters that endanger the services provided by Ticketapply.
6.2 Ticketapply is entitled to perform necessary work with respect to the ticket system and thereby temporarily interrupt the use of the ticket shops.
6.3 Ticketapply is entitled to make procedural and technical changes and/or improvements to the Ticketshop.
Article 7 Intellectual Property Rights
7.1 All intellectual property rights relating to the name, logo and any text of Ticketapply as well as the business formula used by Ticketapply in general belong to Ticketapply. The Customer is not entitled to disclose, reproduce or otherwise use these directly or indirectly without Ticketapply’s permission.
7.2 All rights of intellectual property relating to the event, location of the event, logo of the event are vested in the organizer. Customer is not entitled to disclose, duplicate or otherwise use them directly or indirectly without the consent of the relevant rights holder.
Article 8 Privacy
8.1 Ticketapply processes the customer’s personal data in accordance with the Personal Data Protection Act.
8.2 Personal data will be used to explain, process and compile the contract between the buyer and the organizer.
8.3 Personal data will be used for commercial purposes if the Customer consents. The buyer has the right to oppose the consent. Ticketapply will stop all commercial purposes with respect to the customer upon the first request for termination of consent.
Article 9 Liability
9.1 Ticketapply does not accept any liability for damages resulting from the provision of the Ticketshop or from tort or otherwise, to the extent permitted by mandatory law.
9.2 To the extent Ticketapply is liable for damage as referred to in Article 9.1 despite the provisions of Article 9.1, the amount of compensation shall be limited to the Service Fees charged for the use of the Ticketshop.
9.3 The Customer shall indemnify Ticketapply against all claims of third parties, for whatever reason, regarding compensation for damage, costs or interest, related to or arising from his/her irregular use of the Ticketshop and/or a violation of these Terms and Conditions and/or any other rights of third parties.
9.4 However, this limitation of Ticketapply’s liability is not intended to exclude Ticketapply’s liability for intentional and/or deliberate recklessness on the part of Ticketapply itself and/or its executive subordinates.
Article 10 Termination, dissolution and cancellation insurance
10.1 No early termination of the agreement to use the Ticketshop is possible.
10.2 Through the Ticketshop, Ticketapply offers the customer the opportunity to take out cancellation insurance with an insurer. This cancellation insurance is established between the buyer and the insurer under the terms and conditions set by the insurer. Ticketapply does not accept any liability for this.
10.3 Each of the parties shall be entitled to terminate the agreement to use the Ticketshop if the other party imputably fails to perform its obligations under these Terms and Conditions and, after having received a proper notice of default in writing that is as detailed as possible and in which a reasonable period is given to remedy the failure, continues to imputably fail to perform its obligations under these Terms and Conditions.
10.4 The performances performed by Ticketshop prior to dissolution and the related payment obligation shall not be subject to undoing in the event of dissolution.
10.5 Without prejudice to what is stipulated elsewhere in these Terms and Conditions, Ticketapply is entitled to immediately dissolve the agreement for the use of the Ticketshop, without court intervention and without becoming liable for damages to the Customer, and to cancel reserved/purchased Tickets, if:
a. The buyer fails to meet its payment obligations;
b. If, in the opinion of Ticketapply, the organizer and/or Pay.nl,
committed fraud, provided false payment information or otherwise found irregularities.
Article 11 Applicable law and competent court
11.1 Dutch law applies to this Agreement and the use of Ticketapply’s services.
11.2 All disputes that may arise from this agreement or from any resulting or related agreement will be settled in first instance exclusively by the competent court in the district of the buyer.