Terms and Conditions for Consumers
Last Update: June 9, 2024
These terms are between Ticketapply VOF, with its office located at Gorterplaats 16, Nijmegen ("Ticketapply"), the entity or individual purchasing tickets ("Consumer"), and the event organizer ("Organizer") responsible for the event associated with the purchased tickets. Ticketapply acts solely as an intermediary facilitating the transactions between the Consumer and the Organizer. The Consumer enters into a direct agreement with the Organizer regarding the event and ticket terms. Ticketapply is not a party to the agreement between the Consumer and the Organizer.
1. Services
A) The services that Ticketapply offers to the User consist of providing User access to the Platform for the purchase of Tickets, where with each individual purchase of Tickets, a direct and one-time Agreement is established between Ticketapply and the User. When a User purchases an Ticket for an event organized by the Organizer through the Platform, a distance contract is established between the User and Ticketapply for the use of the Platform.
B) The Purchase Agreement is irrevocable. The right of withdrawal as stipulated in Article 6:230o section 1 of the Dutch Civil Code does not apply, in accordance with the provisions of Article 6:230p sub e of the Dutch Civil Code. The law excludes a service agreement relating to leisure activities, if the agreement provides for a specific time or period of performance, from the right of withdrawal.
C) When the User purchases an Ticket for an event from the Organizer through the Platform, a purchase agreement for (and/or the reservation of) the Tickets is made between the User and the Organizer, where the Organizer acts as the seller and the User as the buyer. This purchase agreement is facilitated by the Platform. Ticketapply is expressly not a party to the purchase agreement between the Organizer and the User. Ticketapply's services consist only of providing the services via the Platform. Ticketapply is never liable for the event organized by the Organizer or matters related thereto. The business details of the Organizer will be made available through the Platform.
D) Payment for the Ticket by the User takes place through the Platform. After payment, the User receives the Tickets by email. Payments received by Ticketapply from the User are paid to the Organizer by Ticketapply, after deducting a fee agreed between Ticketapply and the Organizer and under further agreed terms.
E) The sales price of the Tickets is made known to the User on the Platform. At the time of purchase of the Tickets, the User owes the amount of the sales price plus any service charges per Ticket to Ticketapply. The User can pay for the Tickets online using the payment methods offered on the Platform. The booking fees for the purchase of Tickets are listed on the Platform. The Organizer can adjust the prices for Tickets at any time. Ticketapply is in no case liable to the User for interim price changes as implemented by the Organizer, as well as for writing and/or typographical errors related to the prices listed on the Platform. The User cannot hold Ticketapply to prices for which the User should reasonably have expected that the offer and/or price was a clear mistake or typographical error.
F) The User is responsible for informing themselves about the event for which Tickets have been purchased. Ticketapply is not liable for changes, postponements, or cancellations of the event by the Organizer. In case of changes, the User themselves must claim any compensations from the Organizer.
2. Platform
By purchasing Tickets, the User agrees to act in accordance with these General Ticket Terms and Conditions.
The User is responsible for and guarantees the accuracy, completeness, and correctness of all information and data provided to Ticketapply, even if they are from third parties, and declares to have the lawful right to dispose of it. Ticketapply is not liable for late or unclear transmission of information or manifest writing errors, regardless of whom the information concerns or to whom it is provided.
3. Refund
At the request of the Organizer, Ticketapply may proceed with a refund to the User. The reason for a refund plays no role.
Ticketapply never proceeds with a refund without the cooperation and order of the Organizer.
In the event of a refund, the User always receives the amount of the Ticket back, minus any transaction and/or service fees paid by the User (and the fee agreed between Ticketapply and the Organizer).
4. Guarantees
A) Ticketapply takes responsibility for delivering Services and/or a Platform in accordance with these General Ticket Terms and Conditions, all in accordance with good industry standards and with at least reasonable efforts from Ticketapply. Ticketapply does not guarantee uninterrupted availability of the Service and/or the Platform, and the User accepts that the Service and the Platform only have the functionality and features as they exist at the time of use by the User.
B) Ticketapply may temporarily disable the Service and/or the Platform or a part thereof for (planned and unplanned) maintenance, adjustment, or improvement thereof. Ticketapply may from time to time adjust the functionalities of the Service and/or the Platform.
C) The User expressly acknowledges and agrees that the use of the Platform is at the User's own risk. To the extent permitted under Dutch law, the Platform is provided "AS IS," with all faults and without any warranty.
5. Data Processing
In processing personal data of Users for the purpose of selling Tickets, the Organizer acts as the data controller. Ticketapply processes personal data in this context as a processor and only on the instruction of the Organizer. For more information about this processing, we recommend consulting the privacy statement of the Organizer.
Ticketapply may also process personal data for its own purposes as a data controller, for example, to analyze the use of the Platform. More information about the processing of personal data in this context can be found in our privacy and cookie statement, available here.
6. Liability
A) Except in cases of intent or gross negligence on the part of Ticketapply, Ticketapply is not liable to the User for any damage suffered by the User as a result of using the Platform, the execution of the purchase agreement between the User and the Organizer, any implied warranty, any condition or other term, processing of personal data, breach of an obligation by the Organizer as an individual data controller (caused by negligence of Ticketapply, its employees or agents or otherwise), and/or misuse of the Platform.
B) Additionally, the Organizer reserves the right to refuse entrance to any Consumer at their discretion. This may be based on the Organizer's own terms, conditions, or policies for event management and conduct. Ticketapply is not responsible for decisions made by the Organizer concerning the admission of attendees to an event.