Terms and Conditions for Organizers

Terms and Conditions for Organizers

Last Update: May 1, 2024

These terms are between Ticketapply VOF, with its office located at Gorterplaats 16 Nijmegen (“Ticketapply”), and the entity or individual agreeing to these terms (“Organisor”).

By accepting these terms, you also agree to adhere to the License Agreement governing the use of our platform.

  1. Provided Services
  2. Guarantee
  3. Fees for Using Ticketapply
  4. Event Cancellation
  5. Intellectual Property
  6. Liability
  7. Force Majeure
  8. Data Protection and Privacy
  9. End of Contract
  10. Pricing Exclusions

1. Provided Services

The services provided by Ticketapply include the use of the Platform to offer Tickets for events organized by the Organizer to Users through the Platform, as well as offering certain additional products. Unless specific performance outcomes have been sufficiently detailed and agreed in writing in the Agreement, Ticketapply is under an obligation to make reasonable efforts regarding all Services.

Tickets are purchased and sold through the Platform with the User acting as the buyer and Ticketapply acting as the seller, all in accordance with the Ticket Conditions. Ticketapply’s sole obligation under the Agreement is to enable the User to purchase a Ticket for the Organizer’s event. Ticketapply is not liable for any damages to the User and/or the Organizer concerning the event organized by the Organizer. Ticketapply is not responsible for event cancellations; the responsibility to refund customers lies solely with the Organizer. Ticketapply provides the software necessary for processing refunds, with each refund transaction incurring a additional fee.

Ticketapply provides the scanning software required for the access procedure of an event free of charge. If the Organizer wishes to use Ticketapply’s services related to staff and equipment, the Organizer must notify Ticketapply in writing at least 14 days before the event starts. However, Ticketapply can never be obligated to provide such additional services.

If the Organizer opts to use their own hardware for scanning, the Organizer is solely responsible for ensuring that the hardware functions properly throughout the event. Additionally, it is the responsibility of the Organizer to ensure a working internet connection at the venue to facilitate the use of the provided services and equipment.

2. Guarantee

Ticketapply is responsible for delivering Services and/or a Platform in accordance with the Agreement, following the standards commonly accepted in the relevant industry. Ticketapply will make efforts that may reasonably be expected from it and ensures expertise and diligence expected from a reputable, competent, and reasonably experienced party engaged in similar activities. Ticketapply does not guarantee that the Services and/or the Platform will be available without interruptions.

Ticketapply may temporarily disable the Services and/or the Platform or parts thereof for maintenance, updates, or improvements. Ticketapply is entitled to modify the functionalities of the Services and/or the Platform from time to time.

3. Fees for Using Ticketapply

Ticketapply charges a fee per transaction for the use of the Service. There are no subscription fees or charges per ticket sold.

All payments by the User related to the sale of Tickets via the Platform, based on an authorization from the Organizer to Ticketapply resulting from the Agreement, are made to the account of Ticketapply. Through the Platform, the Organizer has access at all times to information about their current balance on the account. Ticketapply transfers all User payments to a bank account specified by the Organizer, after deducting the fee to which Ticketapply is entitled under the Agreement.

Ticket revenues are paid weekly by Ticketapply to the Organizer.

If Ticketapply suspects fraud by the Organizer and/or has valid reasons to anticipate an event cancellation, Ticketapply is entitled to withhold up to 100% of the revenues received from the Organizer as a reserve on the Organizer’s account to cover possible chargebacks and related costs. This amount will be transferred to the Organizer at the next payment due after the event.

4. Event Cancellation

Ticketapply acts as an intermediary in the sale of tickets, collecting payments from ticket buyers directly on behalf of event organizers. While we facilitate the transfer of ticket revenue to organizers, the responsibility for event management, including cancellations and refunds, lies solely with the event organizers.

In the event of a cancellation, Ticketapply will assist organizers in processing refunds as directed by and according to the terms set by the organizers. However, Ticketapply is not liable for issuing refunds directly to ticket buyers:

  1. Handling of Funds Ticketapply collects funds from ticket sales and transfers them to the event organizer on a scheduled basis, typically weekly. This transfer includes all funds collected minus any fees agreed upon in the terms of service with the organizer.
  2. Organizer’s Responsibilities Event organizers are solely responsible for notifying attendees of a cancellation and providing clear instructions regarding the refund process. Organizers must handle all refund requests directly with the ticket buyers, using the funds transferred by Ticketapply to facilitate these refunds.
  3. Refund Policy The terms and conditions for refunds, including timelines, eligibility, and amounts, are determined and communicated by the event organizer. Ticket buyers should refer to the event’s refund policy, which is available from the organizer.
  4. No Liability for Refunds Although Ticketapply facilitates the transaction and transfers of funds for tickets sold, we are not responsible for refunds or disputes related to refunds. Our role is limited to ensuring that the funds from ticket sales are transferred to the organizers according to the payment schedule.

Ticketapply offers the Organizer the option to refund sold Tickets to Users. The Organizer may choose to refund Tickets including Service charges and/or Booking fees. However, Ticketapply is never obligated to refund Service charges or Booking fees. If the Organizer wishes to refund these costs to the User, the Organizer must first repay these Service charges and/or Booking fees to Ticketapply so that Ticketapply can then refund these costs to the User.

For any queries related to refunds or cancellations, ticket buyers must contact the event organizer directly. Ticketapply is committed to supporting organizers in providing necessary information to ticket buyers whenever possible.

Ticketapply charges the Organizer a fixed fee for Refund Transaction. Ticketapply processes the payment of the refunds only after the costs for the refunds have been paid by the Organizer to Ticketapply, and/or if the Organizer has sufficient funds available in the Organizer’s account to cover the refunds. In that case, Ticketapply is entitled to offset the refund against the amount that is on the Organizer’s account.

5. Intellectual Property

Both Ticketapply and the Organizer retain all rights of intellectual property on material that they bring into and/or use and/or provide in the context of the execution of the Agreement. Unless explicitly agreed otherwise in writing between the parties, no transfer of intellectual property rights shall occur based on these general terms and conditions or under the Agreement.

6. Liability

Ticketapply is only liable to the Organizer if the Organizer can demonstrate that it has suffered damage as a result of an error by Ticketapply that could have been avoided. For clarity: Ticketapply is never liable to the Organizer for any errors regarding (information about) the Tickets or their prices. It is the exclusive responsibility of the Organizer to verify all information to be published on the Platform before Ticketapply publishes it.

Ticketapply is in no case liable for indirect damage, including, but not limited to, loss of profits, loss of goodwill, loss of relationships due to any delay, loss of data, missed savings, damage resulting from business interruption, damage caused by intentional misconduct or gross negligence of supporting staff, and so forth, under any designation and suffered by anyone.

The Organizer indemnifies Ticketapply against all third-party claims for compensation of damages or otherwise, directly or indirectly related to the execution of the Agreement between Ticketapply and the Organizer.

The Organizer is responsible for all digital content uploaded to the Platform. All content must be legal, free of viruses, and not intended to harm the system in any way. The Organizer ensures that no content infringes on any law or regulation, and does not contain any malware or other harmful software that could impair the functionality or integrity of the Platform or any user’s data.

Additionally, the Organizer is solely responsible for the accuracy and legality of all content they provide related to their events, including but not limited to the ticket prices, event locations, and event dates. The Organizer must ensure that all event details are correct and updated as necessary to reflect any changes. Ticketapply is not responsible for any inaccuracies or discrepancies in this information.

7. Force Majeure

Ticketapply is not liable or responsible to the Organizer, nor is Ticketapply considered to have failed to comply or be in breach of any provision under the Agreement and/or these general terms and conditions, for any failure or delay in fulfilling or performing any term of the Agreement and/or these general terms and conditions when such failure or delay is caused by or results from acts or circumstances beyond the control of Ticketapply (Force Majeure). Force Majeure includes all circumstances that prevent Ticketapply from performing the Agreement or a part thereof, or make it impossible or unreasonably burdensome to do so, occurring outside Ticketapply’s reasonable control, including but not limited to internet disruptions, fire, power failures, floods, strikes, work stoppages, illness of personnel, war (whether or not officially declared), terrorism, embargoes, blockades, legal restrictions, riots, government measures in the broadest sense regarding the delivery of the Service and/or the Platform, cybercrime, delays in delivery of products/data or services by suppliers or agents.

In the event of Force Majeure, Ticketapply will immediately inform the Organizer after the circumstance causing Force Majeure occurs, stating the nature of the Force Majeure, the date on which the Force Majeure starts or started, and, if possible, the expected duration.

In the event of Force Majeure, Ticketapply has the right to terminate the Agreement with immediate effect by written notice to the Organizer, if the context of non-performance justifiably warrants immediate termination and if the event causing the Force Majeure lasts longer than 30 days. In case of termination of the Agreement by Ticketapply on the basis of Force Majeure, the Organizer has no right to any form of compensation as a result of the termination.

8. Data Protection and Privacy

In compliance with the Algemene Verordening Gegevensbescherming (AVG) or General Data Protection Regulation (GDPR), we are committed to protecting the privacy and security of our users’ data. Below are the key aspects of our data protection and privacy measures:

  1. Personal Data Collection and Use: We collect personal information only when necessary for the services we provide and process it only based on lawful grounds established under GDPR. Users are informed of the specific purposes for which their data is collected and processed.
  2. Consent: Where we rely on consent to process personal data, we ensure that it is freely given, specific, informed, and unambiguous. Users have the right to withdraw their consent at any time.
  3. Users’ Rights: Users have various rights under the GDPR, including the right to access, correct, delete, or restrict the processing of their personal data. Users also have the right to object to processing as well as the right to data portability.
  4. Data Protection Measures: We implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.
  5. Data Breaches: In the event of a data breach, we will notify the appropriate data protection authorities and affected individuals in accordance with GDPR requirements.
  6. Data Retention: We retain personal data only for as long as is necessary for the purposes set out in this policy, in line with our data retention guidelines which comply with GDPR.

For any inquiries or concerns about our data protection practices, or if you wish to exercise any of your rights, please contact us at support@ticketapply.com. For more detailed information, please see our Privacy Policy.

9. End of Contract

Upon termination of this Agreement, Ticketapply has the right to retain customer data collected during the term of the Agreement for a period of up to 7 years from the end of the fiscal year to which the data relates, for archival purposes, solely to the extent necessary to comply with relevant laws and regulations. Ticketapply takes reasonable measures to ensure the confidentiality and security of the stored customer data.

10. Pricing Exclusions

All prices mentioned in relation to the services provided by Ticketapply are exclusive of VAT (Value Added Tax) unless explicitly stated otherwise. It is understood that any VAT applicable will be added to the mentioned prices at the current rate as per the applicable tax laws.