TicketTack B.V. (hereinafter referred to as 'TicketTack' is a private company with limited liability with its registered office in 5663 PE Geldrop (The Netherlands), 't Zand 6. TicketTack is registered in the commercial register of the Chamber of Commerce of Amsterdam under number 6142691. The terms and conditions of TicketTack are on september 19th 2014 filed with the Chamber of Commerce in Amsterdam (The Netherlands) and are applicable to all (legal) acts between TicketTack and third parties. TicketTack reserves the right to change these terms and conditions. By using the services of TicketTack you agree on the latest version of these terms and conditions.
Article 1 Definitions.
In these terms and conditions the following definitions are used:
TicketTack provides the following services to the users of the platform:
We facilitate users in the creation of a purchase agreement between buyer and seller for the sale through the platform of e-tickets;
TicketTack covers the payment traffic that is carried out on the basis of the purchase agreement ;
TicketTack looks with application of the user agreement to ensure that users make available all data, that facilitate the creation, validity and performance of the purchase agreement.
TicketTack will endeavour to mediate between buyer and seller, if a demonstrable lack is established of the delivered e-tickets,
The agreement, which users engage with the platform for the provision of the services against payment of fee.
The admission ticket to an event.
The event which - as an example, but not exclusively - a performance is staged, including - but not limited to - a musical, theater or musical performance, a concert, show or sporting event for which the ticket was purchased.
The agreement between the buyer and seller through the use of this platform, with which e-tckets for events are bought and sold.
The user who, through the use of this platform, buys e-ticket(s) for an event and to establish this comes to a purchase agreement with a seller.
The digital platform offered by TicketTack through the use of the internet, which offers users, buyers and sellers the opportunity to buy or sell e-tickets for events.
The fee users pay TicketTack for the services.
The user who, through the use of this platform, sells e-ticket(s) for an event and to establish this comes to a purchase agreement with a buyer.
The website www.TicketTack.nl.
Article 2. General
2.1 General terms and conditions apply to all services, offers and agreements that are carried out through the medium of TicketTack respectively through the Platform. The provisions in these terms and conditions may be waved only if expressly agreed in writing.
2.2 On the, with a purchase agreement delivered E-tickets, could also apply the general terms and conditions, house rules and/or rules of conduct of the event. The seller and buyer declare that they, before the completion of the sale/purchase of the E-ticket they did read the general terms and conditions, House rules and/or rules of conduct of the event and to agree unconditionally.
Article 3. Completion of the User Agreement
3.1 The user agreement will only become effective after all necessary data are provided via the platform and after these are activated by TicketTack.
3.2 TicketTack is at all times authorised to disband (extrajudicial) the user agreement, whenever there is reasonable doubt about the data provided and/or acts by the seller or buyer.
Article 4. Completion purchase agreement.
4.1 TicketTack acts as a mediator concerning the creation of a purchase agreement via the platform and cann’t be addressed as a party to the purchase agreement in any way.
4.2 The purchase agreement is established as soon as the buyer has confirmed the purchase of an e-ticket or e-tickets via the platform and has performed the instructed payments.
4.3 An appeal to terminate the purchase agreement pursuant to article 6:625 of the Dutch Civil Code is excluded.
Article 5. E-tickets
5.1 By using the Platform , acceptance of the General Conditions, applicable terms and conditions , house rules and / or rules of conduct of an event seller warrants TicketTack and Buyer that the by the buyer offered E-tickets are official tickets, such as issued by the Event or its organizer.
5.2 The seller also warrants that authorisation for the sale of the e-tickets by the event or the organisator are not required or is aquired.
5.3 If seller and/or buyer act in any way in breach of the general conditions the user agreement shall automatically be deemed to be legally dissolved without the platform will be held to pay any (damage) fees.
5.4 The selling price of e-tickets is determined by the seller.
Article 6. Fee.
6.1 TicketTack wil receive a fee of 10 % of the selling price (incl. VAT) for the services after the completion of the purchase agreement. For some payment methods TicketTack will charge an additional fee.
6.2 Buyer will pay TicketTack for the services five (5) % of the selling price (incl. VAT)
6.3 Seller will get paid by TicketTack after completion of the transaction the total selling price minus a fee of five (5) %.
Article 7. Liability in respect of the purchase agreement.
7.1 TicketTack excludes all liability and responsibility for the consequences of:
- Consciously or not induced changes to an e-ticket by the seller, because of which access
to an event is denied;
- The refusal of the organizers of the event to provide access to the event by via the Platform purchased e-ticket(s)
- The cancellation of an event for any reason whatsoever.
7.2 TicketTack excludes any liability and responsibility for any damages of the buyer as a result of death, injury, accident, loss or theft, prior, during or as a result of a visit to the event for which the e-tickets are purchased.
7.3 TicketTack excludes any liability and responsibility for loss of, or damage to e-tickets by the buyer by any cause whatsoever.
Article 8. Liability in respect of the user agreement.
8.1 TicketTack excludes any liability and responsibility for any damage caused by non functioning of the platform, both in regard of the connection with the platform as the for the functioning of the platform used hard- and software.
8.2 As far as TicketTack’s liability is excluded or limited, this also applies to the liability of the employees of TicketTack.
8.3 Users waive any right to compensation in the event of force majeure on the side of TicketTack, whereby al or parts of its obligations can not be performed.
Article 9. Data protection act.
9.2 TicketTack reserves the right in spite of the provisions of the data protection act to (partial) disclose or use the data provided, if this is required by other legal provisions and/or the application of the general terms and conditions.
Article 10. Complaints procedure.
10.1 Users are able to use the complaints procedure in force at TicketTack by the submission of a complaint about the services by using the specially mentioned button on the website.
10.2 The complaints procedure can also be used for complaints about the conduct of a seller or a buyer in respect of the purchase agreement. If desired TicketTack will make an effort to achieve an amicable settlement between the parties.
Article 11. Jurisdiction.
Only Dutch law applies on these terms and conditions. Disputes will be handled by the competent court in Amsterdam. (The Netherlands).
BEFORE ACCEPTANCE OF A USER AS A USER OF THE PLATFORM HE/SHE MUST TICK THE FOLLOWING BOXES:
□ User confirms to have read TicketTack’s terms and conditions and to fully agree.
□ User confirms to have read TicketTack’s user instruction and to agree fully.
□ User confirms to have read TicketTack’s disclaimer on the website and agree to this