11 Dec TICKETLABEL
GENERAL TERMS AND CONDITIONS OF USE
In these General Terms and Conditions, the following terms with initial capital letters have the meanings given:
a. General Terms and Conditions: these general terms and conditions of Ticketlabel;
b. Event: the organised event, such as an event of a musical, cultural, sporting and/or recreational nature for which Ticketlabel sells Tickets;
c. Event Organizer: the natural person who or legal entity that produces or organises an Event and is responsible for it;
d. Ticket Buyer: the natural person with whom or legal entity with which Ticketlabel enters into a contract concerning an Event or to whom or which Ticketlabel makes an offer for the purpose of doing so;
e. Contract: the contract between Ticketlabel and the Ticket Buyer for the acquisition of Tickets for Events;
f. Ticket: the document that serves as an admission ticket for an Event, including an electronic Ticket;
g. Upsell: the sale of supplementary products or services by Ticketlabel in its own name or on behalf of third parties;
2. Applicability of the General Terms and Conditions
a. These General Terms and Conditions apply to all offers, orders, legal relationships and contracts pursuant to which Ticketlabel provides products or services of any nature whatsoever to the Ticket Buyer, also if these products or services are not described or not further described in these General Terms and Conditions.
b. Ticketlabel expressly rejects other conditions of the Ticket Buyer.
c. The parties may only agree changes in relation to the General Terms and Conditions in writing. Ticketlabel is entitled to change the General Terms and Conditions and declare changed general terms and conditions applicable to Contracts. Changed general terms and conditions shall be published on Ticketlabel’s website for consultation.
d. The general terms and conditions of the Event Organizer of the Event shall likewise apply to the Contract. If the Ticket Buyer does not yet have a copy of the Event Organizer’s general terms and conditions, the Event Organizer shall send on request the Event Organizer’s general terms and conditions.
3. Formation of a Contract
a. Unless otherwise agreed in writing, all offers, including in this regard all advertisements and price lists published on Ticketlabel’s website, are without obligation.
b. When Tickets are being offered and sold, Ticketlabel acts as an intermediary in the formation of the Agreement between the Ticket Buyer and the Event Organizer. Ticketlabel is not a party to the Agreement that is formed by the purchase of a Ticket. The Agreement is formed after the Ticket Buyer has purchased one or more Tickets via Ticketlabel. Ticketlabel supplies the Tickets on behalf of the Event Organizer.
c. Each Contract is entered into under the suspensive condition of sufficient availability of the products or services concerned.
d. Ticketlabel has the opportunity to carry out Upsell activities when selling Tickets. If Ticketlabel sells third-party products or services through this activity, those products and services and their delivery will be governed by the general terms and conditions of the third party concerned.
4. Prices and payment
a. Ticketlabel sells Tickets on behalf of Event Organizers who or that determine the price and number of available places. Information concerning price and availability is provided without obligation and under reservation.
b. The Ticket Buyer must pay the price specified in the Contract for products or services ordered by means of the website. Payment must be made in the manner specified on Ticketlabel’s website. Further conditions, including those pertaining to ordering and paying, may be set with respect to orders.
c. All prices of Ticketlabel specified on the website are in euros and exclusive of VAT unless expressly stated otherwise.
d. Service charges apply to all orders placed with Ticketlabel. In addition, Ticketlabel charges transaction costs that are calculated on the basis of the total amount of the transaction on behalf of third parties.
e. If the Ticket Buyer fails to pay amounts owed in time, the Ticket Buyer shall owe statutory interest on the outstanding amounts without a demand for payment or notice of default being required. If the Ticket Buyer fails to pay an amount owed following a demand of payment or notice of default, Ticketlabel may engage a third party for the purpose of collection, in which case, in addition to the total amount owed, the Ticket Buyer shall also owe all judicial and extrajudicial costs incurred, including, in addition to the costs ascertained at law, costs calculated by external experts.
5. Delivery periods
a. Tickets are sent to the e-mail address specified by the Ticket Buyer when placing the order. Ticketlabel shall continue to deem the e-mail address specified by the Ticket Buyer to be correct until the Ticket Buyer has informed Ticketlabel of a new e-mail address.
b. Final deadlines shall never apply to delivery periods specified by Ticketlabel unless expressly agreed otherwise. In the event of a late delivery, Ticketlabel must be given notice of default in writing.
c. The exceeding of any delivery period shall not entitle the Ticket Buyer to compensation. If a delivery period is exceeded, the Ticket Buyer shall also not have the right to cancel the order or terminate the Contract unless the delivery period in question is exceeded to such an extent that the Ticket Buyer cannot reasonably be expected to uphold the Contract.
6. Rescheduled or Cancelled Events
a. It is the Ticket Buyer’s responsibility to check whether an Event has been cancelled or rescheduled and to ascertain the new time or location. The Event Organizer shall inform the Ticket Buyer and Ticketlabel regarding the cancellation or rescheduling. Although Ticketlabel shall undertake efforts to inform the Ticket Buyer of a cancellation after it has received the information required from the Event Organizer, Ticketlabel cannot guarantee that the Ticket Buyer shall be informed of the cancellation prior to the date of the Event. Ticketlabel shall not be responsible for any costs incurred in this regard.
b. As a rule, Tickets for rescheduled Events shall remain valid for the replacement Event. For more information in this regard, the Ticket Buyer can contact Ticketlabel through the online Ticket Buyer service F.A.Q. If an Event is rescheduled to take place at another location or on another date, the Event Organizer may set conditions with respect to the refund of the ticket price.
c. If an Event is cancelled or rescheduled, the Ticket Buyer may hand in the tickets for the Event concerned in accordance with the regulations concerned determined by the Event Organizer. If the Event Organizer requests Ticketlabel to refund the ticketprice to the Ticket Buyer, Ticketlabel will do so after having received the relevant funds from the Event Organizer. Service charges and administrative costs shall not be refunded.
d. If and when an event is cancelled or rescheduled, any products or services sold via Upsell will not qualify for a refund.
a. The Tickets distributed by Ticketlabel remain the property of the Event Organizer and are delivered to the Ticket Buyer subject to the condition that the Ticket Buyer may not sell them to third parties or make them available in any other way whatsoever, directly or indirectly, to third parties in a commercial manner, or offer or use them in any way whatsoever in commercial communications, without the prior written permission of the Event Organizer and/or Ticketlabel. If the aforesaid condition is violated, Ticketlabel and/or the Event Organizer shall be authorised to invalidate the Tickets concerned and/or impose a fine on the Ticket Buyer of € 10.000 per violation, to be paid to the Event Organizer or in its behalf to Ticketlabel. Holders of invalid Tickets shall be denied admission to the Event without being entitled to a refund.
b. Following receipt, the Ticket Buyer must check the Tickets, since errors cannot always be corrected. Tickets may not be exchanged or refunded after they have been purchased.
c. If a Ticket of the Ticket Buyer is damaged to the extent that its authenticity can no longer be verified, the Ticket Buyer can contact through the Ticketlabel online Ticket Buyer F.A.Q. as soon as possible.
d. Special requirements, such as reserving places for wheelchair users, must be clearly
communicated in good time. Ticketlabel cannot give any guarantee whatsoever that special requirements can be met. For more information in this regard, the Ticket Buyer can contact the Event Organizer.
8. Intellectual and industrial property rights
a. The intellectual and industrial property rights vested in Tickets of Ticketlabel are owned by Ticketlabel or its licensor. The Ticket Buyer must refrain from conduct that is potentially detrimental to the rights or other interests of Ticketlabel or its licensor in this regard.
b. The Ticket Buyer may not remove any indication concerning copyrights, brands, trade names or other intellectual or industrial property rights from the Ticket or alter any such indication, or alter the form of the Ticket or any of its other features in any way whatsoever.
c. The Ticket Buyer may not forge or make copies of Tickets, or reproduce them in any way whatsoever.
d. The Contract shall not entail the transfer of any intellectual property right from Ticketlabel to the Ticket Buyer.
a. The Ticket Buyer is deemed to have taken note of Ticketlabel’s privacy statement, which can be consulted on Ticketlabel’s website, and to agree to the way in which personal data provided by the Ticket Buyer is processed as described in the aforesaid statement.
a. Ticketlabel can not be regarded as the organizer (Event Organizer) of the Event and is not responsible for and does not warrant the (artistic) quality and content of the Event, nor the course of business in or with respect to the Event and accepts no liability on this basis.
b. With the exception of the other provisions pertaining to liability in these General Terms and Conditions, Ticketlabel’s total liability by reason of an attributable failure to perform or due to a wrongful act shall be limited to compensation for direct damage up to a maximum of the amount that has been or could be charged to the Ticket Buyer by virtue of the Contract concerned, unless the damage was caused by wilful misconduct and/or gross negligence on the part of Ticketlabel or its subordinates.
c. In all cases, Ticketlabel shall only be liable by reason of an attributable failure to perform a Contract if the Ticket Buyer has promptly and properly given Ticketlabel notice of default in writing and set a reasonable term for the breach to be remedied and an attributable failure on the part of Ticketlabel to meet its obligations continues to apply after the term referred to has ended. The notice of default must contain a description of the failure that is as complete and detailed as possible to enable Ticketlabel to respond adequately.
d. The Ticket Buyer indemnifies Ticketlabel against all claims of third parties pertaining to a failure on the part of the Ticket Buyer to meet any obligation towards Ticketlabel, whether or not it arises from the General Terms and Conditions, or a failure to meet such an obligation to a sufficient degree.
e. Any right to compensation shall always be conditional on the Ticket Buyer reporting the damage to Ticketlabel in writing as soon as possible following its occurrence.
f. Ticketlabel may never be held liable for any form of damage to or loss of a Ticket whatsoever. In the event of loss or theft, the Ticket Buyer may not claim a replacement Ticket or the refund of any amount paid. Ticketlabel shall likewise not be liable for the delayed or incorrect delivery of Tickets if the delay or incorrect delivery cannot be attributed to Ticketlabel.
g. Ticketlabel does not in any way whatsoever accept liability for Tickets acquired by the Ticket Buyer from third parties. In addition, Ticketlabel cannot guarantee the authenticity of such Tickets.
h. Ticketlabel may not in any way whatsoever be held liable for any damage suffered by the holder of a Ticket as a result of acts or omissions on the part of third parties.
11. Force majeure
a. Force majeure is taken to mean any failure of performance that cannot be attributed to Ticketlabel because it is blameless in the matter and cannot be blamed in terms of the law, a legal act or generally accepted standards.
b. Without prejudice to its other rights, Ticketlabel has the right in the case of force majeure, at its own discretion, to suspend performance of the Ticket Buyer’s order or to terminate the Contract, without judicial intervention being required, by informing the Ticket Buyer of such action in writing and without Ticketlabel being obliged to pay any compensation unless such action is unacceptable according to principles of reasonableness and fairness in the given circumstances.
12. Applicable law and competent court
a. All Contracts with Ticketlabel shall be governed by Dutch law.
b. All disputes that arise from a Contract or the General Terms and Conditions that apply to it shall besubmitted to the competent court in Amsterdam.
a. The following items may not be brought to the location of an event: photo, filming or other recording equipment, alcoholic beverages, drugs, glassware, plastic bottles, cans, fireworks, weapons or any other dangerous objects. Any such equipment or objects shall be confiscated. Furthermore, reference is made in this regard to the general terms and conditions of the Event Organizer.
b. It is possible that Ticket Buyers will be searched prior to an Event. Those who do not wish to be searched may be denied admission without the right to a refund of any amount paid.
c. Ticket Buyers who arrive late at an Event shall be admitted at suitable moments during the Event. Admission cannot be guaranteed, however.
d. Where Ticketlabel undertakes to issue notices in writing in these General Terms and Conditions, Ticketlabel is entitled to issue these notices by electronic means, such as but not limited to issuing notices by e-mail.
e. If one or more provisions of these General Terms and Conditions or of any Contract with Ticketlabel proves or prove to be in conflict with any applicable legal regulation, the provision concerned shall cease to apply and shall be replaced by a new, similar provision determined by Ticketlabel and permitted by law.