Terms & Conditions TicketBuy

1. The use of the TicketBuy platform allows a User to purchase one or more Ticket(s) or other offers for the offered Event, within the availability of the offer and the restrictions determined by the Organiser.
2. TicketBuy offers a platform that makes it possible to buy a ticket from an Organiser. TicketBuy only takes care of the ordering process of the Tickets. The Contract for the purchase of the Tickets is therefore also concluded between the User and the relevant Organiser. TicketBuy acts exclusively as an intermediary and has no involvement in the purchase agreement between the User and the Organiser. These Terms and Conditions therefore only apply to the use of the platform.
3. The platform offers the User the possibility to purchase one or more Ticket(s) until the date determined by the Organiser, or until the available quantity is exhausted.
4. TicketBuy accepts no liability with regard to errors in the orders of Tickets, for example with regard to the number of Tickets and/or the type of Event. It is not possible to cancel or exchange tickets at TicketBuy. With regard to these issues, TicketBuy refers to the Organiser as the responsible party and seller of the Ticket.
5. TicketBuy does not guarantee that the Platform will be accessible at all times and without interruptions or malfunctions. Malfunctions may occur, but not exclusively, as a result of malfunctions in the internet or telephony connection or as a result of viruses or errors/defects. TicketBuy is in no way liable for damage to the User or Organiser for any damage resulting from the (temporary) unavailability or (interim) interruption of the platform.
6. TicketBuy is entitled, without prior notice and without any obligation to compensate the User or Organiser, to (temporarily) put the platform out of service and/or to limit its use, if this is necessary in its opinion, for example but not exclusively in the context of the reasonably required maintenance of the Platform. This will of course be kept to a minimum and avoided as much as possible. If work is necessary, it will be carried out at night as much as possible.
7. TicketBuy is entitled, without prior notice, to make procedural and technical changes and/or improvements to the Platform.
8. The information relating to Tickets and Events, including information about the availability of Tickets, as well as the dates, changes and cancellations of Events, comes from the Organiser and not from TicketBuy. TicketBuy has no influence on and does not interfere with and cannot guarantee the accuracy of the information. TicketBuy accepts no liability for any damage suffered by the User as a result of the unavailability of Tickets and/or otherwise incorrect and/or erroneous information from Organisers. TicketBuy also accepts no liability for damage caused by cancellation or postponement of an Event and the quality of the Event and/or the location where the Event is held.

1. The Organiser must cooperate with TicketBuy for all matters related to compliance with the policy.
2. Failure to comply with the above will allow TicketBuy to suspend or restrict access to the Platform until compliance is restored. If this is not complied with, TicketBuy may terminate the Contract with immediate effect upon written notice to the Organiser. The organiser undertakes to reimburse TicketBuy for any costs incurred by TicketBuy.

1. When an Organiser registers to use the Platform, a new account must be created with a username and password. After registration, the Organiser can register as an Organiser via the dashboard. If an Organizer registers, the Event may be managed by Organizer, including but not limited to disclosing the information about employees, guest lists, tickets, and calendars.
2. The Organiser remains responsible for all actions under the chosen username and password and undertakes not to disclose the username and password to third parties and to keep them secret. Consequences for non-compliance with this provision are entirely at the expense of the Organiser.
3. TicketBuy retains and uses all information strictly in accordance with the Privacy Policy.
4. By accessing or using TicketBuy, the Organiser expressly agrees that TicketBuy may contact you via e-mail or other electronic means of communication.
5. All Users can purchase Tickets without registering for an account with TicketBuy. However, the minimum required information, such as the name and email address of the User, are necessary for the correct handling of the ticket transaction.

1. The description of the Ticket in the Platform does not constitute a contractual offer to sell the Ticket.
2. The cost process is set out in the Platform. Each step allows User to check and correct any errors before the fees are actually paid.
3. No change to the Contract, regardless of the description of the Ticket, Fees or otherwise, can be made after it has been entered into, unless the change has been agreed in writing by the Organiser and TicketBuy.

1. The Fees for the Ticket and any additional processing fees or other charges are set out in the Platform.
2. User must pay by means of the means of payment offered. Any credit or debit card details must be filled in so that TicketBuy can make the payment immediately.
3. The Platform accepts a variety of payment methods. Payment method availability may vary by event and time.
4. The User is at all times responsible for the execution of the payment and the data attached to it.
5. The User shall pay for the Ticket the prices as determined by the Organiser and as stated in the Platform. For the use of the Platform, costs will be charged to the Organiser, i.e. transaction costs and service costs. The Organiser can choose whether and in what way these costs are disclosed to the User.
6. The price quoted in the Platform with the final bill includes all taxes. The User must transfer the amount of this final settlement to the TicketBuy Third-Party Funds Foundation using the options offered during the ordering process. If this payment is made via a direct payment method (examples include Visa, Master Card, etc.), the User authorizes the TicketBuy Third-Party Funds Foundation to make this payment and transfer it to TicketBuy and/or the Organizer.
7. The prices in the Platform include VAT, unless otherwise indicated. Prices listed are subject to change without notice. The price stated in the ordering process is binding.
8. TicketBuy strives to prevent all possible forms of impeachment, deception and fraud, and to avoid any form of discrimination in connection with access to and use of the Platform. Taking this into account, the Organiser and TicketBuy decline all responsibility if the user does not pay the payment or the user transfers incorrect data at the time of purchase of one or more Tickets.

1. TicketBuy is bound by the laws and regulations that apply to organizations that process payment transactions. This sometimes means that TicketBuy cannot connect customers based on their trading activities. If it is determined that an Organisation is organising a prohibited event, is a prohibited trader and/or the transactions are prohibited transactions, or otherwise unlawful acts are being performed, in such case the account will be suspended and the Organiser will be notified.
2. TicketBuy also assesses its acceptance policy on the basis of the Money Laundering and Terrorist Financing (Prevention) Act (Wwft) and the Financial Supervision Act (Wft). Verification of this will also result in the account being suspended and the Organiser will be notified.
3. If the above matters cannot be met within 2 weeks after affiliation or if convincing evidence to the contrary of the suspension of TicketBuy cannot be submitted within 2 weeks, TicketBuy can completely deactivate the account and report it to the police or the judiciary at its own discretion
4. TicketBuy draws up its own acceptance policy and follows the legislation, but TicketBuy’s decision is irrevocable and TicketBuy is in no way liable for any damage that arises directly or indirectly as a result of its decision.

1. Upon receipt of payment and within 2 working days at the latest, the User will receive the Tickets via a link sent by E-mail. Upon request, the user must show his Ticket during the Event, this can be printed on white paper or digitally, for example via Smartphone
2. Electronic communications are deemed to be received within 2 business days of being sent, unless proven otherwise by the recipient. If the communication is not received due to delivery and/or accessibility issues related to the User’s email box, this is at the User’s risk, even if the email box is hosted by a third party.
3. If the Tickets are not received by the User within 2 working days, the User must contact TicketBuy in writing (by letter or e-mail: [email protected]). TicketBuy assumes that the User has received the Tickets in good order after the said period has expired.
4. All Tickets that appear in the Platform are subject to availability and are offered under different rate-based plans.
5. TicketBuy may make changes to the Ticket that are necessary to comply with applicable laws and regulations. TicketBuy will inform you of these changes.

1. Only the holder of the Ticket, who is the first to show the Ticket at the event, has access. Tickets can only be used once and lose validity after scanning. TicketBuy cannot be regarded as an Organiser and is therefore not responsible for, and does not guarantee the (artistic) quality and content of the Event and the course of events in or around the Location and accepts no liability on the basis of this information.
2. Under no circumstances can TicketBuy be held liable for any damage resulting from death, injury, accidents, damage, loss or theft caused by the User before, during or as a result of a visit to the Event or the Location.
3. The User accepts that further terms and conditions of the Organisers may apply to the use of Tickets and to access to Events. TicketBuy is not responsible for these further terms and conditions and therefore accepts no liability for any damage suffered by the User as a result of the further terms and conditions.

1. TicketBuy retains all rights, title and interest arising from the Dutch Patent Act 1995 and the Dutch Copyright Contract Act 2015, and all other applicable laws, rules and regulations to the Website, domain name, source code and design in addition to all other content developed by TicketBuy in connection with its activities under this Contract. Any unauthorized use of the Platform by a third party connected to the Organiser or User will be considered as an infringement of TicketBuy’s rights therein. The Organiser or user shall not contest or affect the validity of or damage to the rights of TicketBuy in or on the intellectual property of TicketBuy in any way or at any time.
2. Under no circumstances shall the Organiser, User or any third party acquire any right, title or interest in TicketBuy’s intellectual property by virtue of the use of the Platform or the feature of TicketBuy’s platform. Any unauthorized use of the Platform by the Organiser, User or a third party is considered to be an infringement of TicketBuy’s rights therein. The Organiser or user shall not contest or affect the validity of or damage to the rights of TicketBuy in or on the intellectual property of TicketBuy in any way or at any time.

1. If and to the extent that the Event is cancelled by the Organiser or the representatives at the Event, TicketBuy is not obliged to reimburse the User more than the ticket price, insofar as this has been demonstrably paid to TicketBuy and the amount paid has not yet been transferred to the Organiser. The Fees and any other additional costs paid for by the user will not be refunded. In such a case, TicketBuy never accepts liability for any direct or indirect costs and/or expenses incurred and/or any other damage that the User may suffer.
2. Return payments will not be made at the initiative of TicketBuy, but if return payments are necessary, they will be made in consultation with the Organiser. Costs arising from refunds will be borne by the Organiser.
3. TicketBuy informs the User that the Platform relates to leisure activities and that the right of cancellation/withdrawal does not apply.
4. Without prejudice to the provisions elsewhere in these Terms and Conditions, TicketBuy has the right to terminate the agreement with the Organiser, including the Organiser’s accounts or orders in the Platform immediately, without going to court and without being liable to pay compensation to the Organiser and to cancel reserved Tickets, if the User does not meet his requirements, including payment obligations of the Organiser and, in the opinion of TicketBuy, has committed fraud, entered false payment details, withdrawn a payment or if TicketBuy discovers other irregularities.
5. This is a distance contract (as defined below) which sets out the cancellation rights (Cancellation Rights) below.

1. Subject to, as stated in these Terms and Conditions, all orders made for Tickets are irrevocable.
2. For the purposes of these Cancellation Rights, these words have the following meanings:
   1. distance contract: a contract concluded between TicketBuy and a User within the framework of an organised distance sales or service arrangement, without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time the Contract is concluded;

1. TicketBuy has the legal obligation to deliver the Ticket in accordance with the Contract and will not have complied if it does not comply with the following obligation. Upon delivery, the Ticket will comply with the description of the event, will be valid and will not allow access to the Event.
2. With regard to the Ticket, any information or statement provided by TicketBuy to the Organiser is a condition of the Contract.

1. The Contract can never be terminated unilaterally by the Organiser, provided that TicketBuy carries out its activities within the framework of the General Terms and Conditions.
2. TicketBuy reserves the right to cancel an agreement or suspend an account at any time and without prior notice to the Organiser, if there are, but not limited to, serious breaches or series of breaches that result in a serious breach of the Terms and Conditions.

1. The User may transfer the benefit of this Ticket to a third party; however, the User assumes all responsibility for assigning the third party to a Ticket. TicketBuy is not liable for the actions of any Organiser or affiliate.

1. In the event of an error on the part of TicketBuy, due to something beyond its reasonable control, TicketBuy will inform the Organiser as soon as reasonably possible. TicketBuy’s obligations are suspended to the extent reasonable.

1. By creating an account and by using or accessing the Platform, the User provides (personal) data to TicketBuy. This (personal) data is stored and processed in accordance with the General Data Protection Regulation 2016/679 and will not be provided to third parties without prior consent, unless TicketBuy is legally obliged to do so, or in defence of its rights.
2. If the user gives explicit consent, this data may be used for commercial purposes, including processing for direct marketing purposes. This processing may also be carried out by third parties. The user has the right to object to the processing for commercial purposes and direct marketing purposes. At the User’s first request, TicketBuy will terminate this processing method immediately.
3. All personal data provided to TicketBuy will comply with its obligations imposed by the Data Protection Laws:
   1. TicketBuy identifies the purposes for which information is collected before or when collecting personal data;
   2. TicketBuy only processes personal data for the identified purposes;
   3. TicketBuy respects rights with regard to personal data; and
   4. TicketBuy will take technical and organizational measures to secure personal data.
4. For questions and/or complaints about data privacy, please contact TicketBuy at the following e-mail address: [email protected].

This Data Processing Agreement is part of the general terms and conditions of TicketBuy VOF (hereinafter referred to as “Processor“) and becomes effective as soon as the customer (hereinafter referred to as “Controller“) uses the services of TicketBuy VOF.

Whereas:

(a) Controller processes personal data in the context of its business activities.
(b) The Processor will process personal data on behalf of the Controller.
(c) Parties want to comply with applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR).

Agree as follows:

1. Purposes:
   1. Processor shall process personal data on behalf of Controller, exclusively for the following purposes:
      – Handling your payment
      – To deliver goods and services to you
   2. The nature of the processing includes, but is not limited to: Collection and storage of personal data; customer service and support; Data Retention and Archiving
2.  Processing
   1. Processor shall only process personal data in accordance with Controller, unless required by law. In that case, the Processor will inform the Controller in advance, unless prohibited by law.
   2. The Processor shall take appropriate technical and organizational measures to ensure the security of the personal data, as described in Article 32 of the GDPR.
   3. The Processor will only give personnel access to the personal data if this is necessary for the performance of the processing.
   4. The Processor shall immediately notify the Controller in the event of a breach of security or unauthorized access to the personal data.
3. Processor may only engage sub-processors with the prior written consent of the Controller. If consent is granted, the Processor will enter into a written sub-processor agreement with the sub-processor, which will include the same data protection obligations as laid down in this data processing agreement.
4. The Processor will not transfer personal data to a country outside the European Economic Area (EEA) without the prior written consent of the Controller. If transfer takes place outside the EEA, the Processor will put in place appropriate safeguards as required by the GDPR.
5. Confidentiality:
   1. The Processor shall treat the personal data confidentially and ensure that its personnel involved in the processing of personal data are bound by confidentiality obligations.
   2. This confidentiality obligation shall survive termination of this Agreement.
6. Term and duration
   1. This Data Processing Agreement shall enter into force on the date of commencement of cooperation and shall remain in force for as long as the Processor processes personal data on behalf of the Controller.
   2. Termination of this Data Processing Agreement shall not affect the data protection obligations that have arisen during the term of this Agreement. The Processor shall delete the personal data after termination of this agreement or return it to the Controller, unless legal obligations require otherwise.

1. The Organiser indemnifies TicketBuy against claims from third parties based on the assertion that the activities carried out by the Organiser with the help of the Platform are unlawful in any way. TicketBuy accepts no liability for damage resulting from the use of the Platform or from an unlawful act or otherwise, insofar as this is permitted by mandatory law.
2. The Organiser indemnifies TicketBuy against all claims from third parties, for whatever reason, for compensation of damages, costs or interest, related to or resulting from irregular use of the Platform and/or a violation of these General Terms and Conditions and/or other rights of third parties.
3. If and to the extent that TicketBuy is unable to fully or partially fulfil its obligations towards the Organiser as a result of force majeure, the Organiser cannot derive any right to compensation from this.
4. To the extent that TicketBuy is liable for any damage, the amount of the compensation will be limited to the Fees charged for the use of the Platform.

1. TicketBuy cannot be held liable for: fraudulent acts or omissions; or death or personal injury caused by TicketBuy’s negligence or breach of other legal obligations. TicketBuy is not liable for losses that were not reasonably foreseeable for either party at the time the Contract was concluded. TicketBuy accepts no liability for loss or damage of Tickets by the User for any reason whatsoever. From the moment the Ticket is made available to the User, the User runs the risk of loss, theft, damage or misuse of the Ticket.
2. TicketBuy also accepts no liability for General Terms and Conditions that, whether or not at the request of the Organiser, are not fully handled by TicketBuy and/or a third party. Insofar as the liability of TicketBuy is excluded or limited, this also applies to the liability of TicketBuy’s subordinates and/or agents.

1. Any war, danger of war and insurrection, restrictive measures by both national and foreign authorities, death of one or more members of the Royal Family, serious calamities, fire, strikes, failure of and damage to equipment and equipment of control systems, blockage/cessation of transport, flooding, lockouts and sabotage and in general all unforeseen circumstances, both at home and abroad, as a result of which compliance with the General Terms and Conditions can no longer reasonably be expected from TicketBuy.

1. The User accepts that further terms and conditions of Organisers may apply to the use of Tickets and to access to Events. TicketBuy is not responsible for these further terms and conditions and therefore accepts no liability for any damage suffered by the User as a result of the further terms and conditions.
2. If any of the Terms and Conditions are found to be null and void or partially unenforceable, the remaining Terms and Conditions will not be affected and their full effect will be reduced by the disputed clauses to the extent possible.

1. All disputes arising out of, or in connection with, this Contract shall be resolved by binding arbitration in accordance with the Dutch Arbitration Act. Proceedings are referred to the Netherlands Arbitration Institute (NAI). The parties shall select a mutually acceptable arbitrator who is knowledgeable on matters relating to the subject matter of this Contract. The arbitration will take place in the Netherlands. All documents, materials, and information in each party’s possession that is in any way relevant to the dispute will be made available to the other party for review and copying no later than 30 days after the notice of arbitration is issued. The proceedings are conducted in the Dutch language.
2. The arbitrator(s) shall have no authority to modify any provision of this Contract or to award punitive damages. The NAI reserves the right to have the authority to issue mandatory and restraint orders in connection with the arbitration. The decision of the NAI shall be final and binding on the parties, and the judgment may be made in accordance with the decision in a court of competent jurisdiction. The Contract to Arbitrate will be specifically enforceable under the Dutch Arbitration Act.
3. Exemption from Group Regulation.
   EACH OF THE ABOVE ARBITRATION PROCEEDINGS WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU WILL NOT ATTEMPT TO BRING A DISPUTE AGAINST TICKETBUY THAT NEEDS TO BE RESOLVED IN THE CONTEXT OF A CLASS ACTION, A CLASS ACTION, AN ACTION BY A PRIVATE ATTORNEY GENERAL OR ANY OTHER PROCEEDING IN WHICH YOU INTEND TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING AGAINST TICKETBUY SHALL BE JOINED, CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION OR PROCEEDING.