What follows are the agreements which apply to the use of the website www.ticketswap.com. As you will read below, these are two individual agreements. Firstly, you enter into a direct user agreement with the TicketSwap platform. Anything that has to do with your account, your data and the technique is set out in that agreement. This agreement is called the "Platform Agreement". Secondly, for buying or selling a ticket you always enter into a direct, on-off agreement with one of the subsidiaries of TicketSwap (TicketSwap Netherlands B.V., registered with the Chamber of Commerce under number 66696267 or TicketSwap International B.V., registered with the Chamber of Commerce under number 66696348, depending on the location of the concert or event, hereinafter: "TicketSwap Local"). That agreement is called the "Ticket Agreement". On the Platform Agreement and the Ticket Agreement, exclusively Dutch law applies. Disputes will be submitted to the competent court in Amsterdam.
Applicability: This Platform Agreement is drawn up by TicketSwap B.V. ("TicketSwap"), located at Rokin 75, 1012 KL Amsterdam and registered with the Chamber of Commerce under number 59084952. If you use the Platform, you enter into an agreement with TicketSwap (the "Platform Agreement") as “User”. The articles under the heading "Ticket Agreement” are not applicable to TicketSwap. TicketSwap reserves the right to alter this Platform Agreement. By using the TicketSwap Platform you consent to the most recent version of this Platform Agreement.
Platform Service: Through its online digital platform (the "Platform"), TicketSwap offers a service that allows you to buy and sell e-tickets for events (such as concerts, parties, festivals) (the "Platform Service").
Registration: You can use the Platform Service by registering with a Facebook account. All personal data should be filled in truthfully.
Personal use: The Platformservice of TicketSwap is intended for personal use, and commercial traders or other commercial parties are not allowed to use or misuse the Platform in a commercial manner. Scripts, (partially) automated programs or other methods to gain priority on purchases are not permitted and may lead to a (permanent) blockage of the User.
Liability: TicketSwap is not liable for any damage you may suffer as a result of your use of the Platformservice or the Platform, unless such damage has been caused by intent, gross negligence or deliberate recklessness. Although TicketSwap takes as many measures as possible to ensure a safe and proper functioning Platform, she cannot guarantee the accuracy of the Platformservice or the content of the Platform. TicketSwap is not liable for the consequences of (any) inaccuracies with respect to the Platformservice or the Platform. TicketSwap is entitled, without prior notice, to (temporarily) suspend or limit the use thereof or to terminate the Platformservice without giving any reasons and without such giving rise to any right on compensation towards TicketSwap.
Payment service: Payment processing services for Users on TicketSwap are (in some cases) provided by Stripe and are subject to the Stripe Connected Account agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Platform Agreement or continuing to operate as a User on TicketSwap you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of TicketSwap enabling payment processing services through Stripe, you agree to provide TicketSwap accurate and complete information about you and your business, and you authorize TicketSwap to share it and transaction information related to your use of the payment processing services provided by Stripe.
Abuse: As a condition for the use of the Platform Service, you agree not to offer any information, data or content through the Platform that may infringe any law or regulation.
Furthermore, you agree that you:
If TicketSwap suspects that you do not comply with the Platform Agreement, TicketSwap may (permanently) deny you access to the Platform and to the Platformservice with immediate effect.In the case of non-compliance, we retain the right to keep your (relevant) data and information in our records for future reference, up to, and after any issues are resolved. This means that by violating the Platform Agreement, our right to hold on to your information supersedes data protection rules in which you are allowed to request that we delete all your data from our systems. We do this to prevent abuse in the future.
Disclosure of information: At all times, TicketSwap has the right to disclose information in order to (i) defend itself in court, (ii) execute a court order, (iii) comply with all laws, regulations or requests from the government, (iv) protect national security, defence, public security/public health and (v) maintain her rights.
Complaints procedure: If you have any complaint about the Platform or the Platformservice, TicketSwap would like to be informed thereof. Please send your complaint (defined as complete as possible) to firstname.lastname@example.org. You may also file your complaint by using the red button located on every page on the right-hand side of the screen.
Ticket Agreement: If, on the Platform, you offer an e-ticket for sale, or buy an e-ticket from someone else, an agreement between you (as User) and TicketSwap Local is entered into. The specific legal entity, with whom you enter into this Ticket Agreement, depends on the place of the event of the e-ticket concerned. TicketSwap Local reserves the right to alter this Ticket Agreement. If you offer for sale or purchase a (new) e-ticket, you automatically consent to the most recent version of this Ticket Agreement.
Purchase agreement: Between the "Seller" and "Buyer" of a ticket a Purchase Agreement is included.
Uploading [upload] e-tickets: As Seller you can offer an e-ticket for sale on the Platform by uploading a file of the e-ticket. The file must be the original digital version supplied by the ticket provider. Seller must be authorised to sell the e-ticket. Scanned e-tickets, photos of e-tickets or amended files are not allowed. Seller may at any time, as long as his offer has not been accepted, withdraw his offer for sale of the uploaded e-ticket. To avoid any doubt: as soon as the offer has been accepted by a buyer, a final agreement with the respective buyer is concluded and the Seller is obliged to sell the e-ticket to Buyer.
Description E-ticket: Seller fills in the details of the e-ticket as completely and truthfully as possible. Such information shall in all cases include the name of the event, the price and the personal bank account of Seller. The bank account number must be an IBAN bank account number on which one of the following currencies can be received: EUR, GBP, DKK, SEK, HUF or PLN, or should be a PayPal account, on which USD can be received, unless the PayPal account holder acts in violation of the terms of PayPal or other trade restrictions. If the e-ticket is intended for a specific section or seat, the Seller must indicate the seat number clearly in the "description" field. TicketSwap Local reserves the right to adjust the information about an offered e-ticket to the information set out on the uploaded e-ticket.
Cost and Price: Seller himself determines the selling price of each e-ticket that he offers on the Platform (the "Sales Price")taking into consideration that this price may not be higher than 120% of the original price (including service fees) of the e-ticket. In some countries, (maximum price) restrictions apply to online offering or reselling e-tickets. Seller must comply with a possible local legislation. For every e-ticket for which a purchase agreement is concluded, Seller owes an amount equal to 5% of the Sales Price (incl. VAT) ("Service Fees") to TicketSwap Local. Payment of this amount will take place by way of offsetting. Seller shall thus receive 95% of the Sales Price.
VAT: The VAT on the e-tickets sold through the Platform by Seller must have been paid on the original e-ticket before Seller offers the e-ticket for sale. TicketSwap Local charges VAT on the transaction for the Buyer and on the mediation costs for the Seller.
Sold e-tickets: Upon completion of a sale, Seller will receive a confirmation by email after which the sold e-ticket is automatically removed from the Platform. Seller must verify whether the e-ticket is indicated as sold on the Platform. Seller is obliged to destroy all duplicates of the sold e-ticket.
Payment to Seller: As soon as possible after sale and delivery of the e-ticket, Seller will receive the agreed Sales Price minus the Service Fees (the “Payment”.) After a notification on an invalid e-ticket, or in the event of (suspected) fraud, the Payment to Seller may be suspended until more clarity about the situation exists. If, according to TicketSwap, there is reason to do so, the Payment by TicketSwap may be cancelled.
High amounts: A Seller who at any time by himself, or in conjunction with “Similar Sellers”, has sold for more than EUR 570.00 on e-tickets or offers for sale for events that have not yet taken place (hereinafter: "Uncertain Value"), will not be paid until in all reasonableness it has been established that the e-tickets have proven to be valid and Buyer has been able to access the event. Similar Sellers are understood to mean other Sellers who use the same bank, e-mail, telephone or other data as Seller.
The Uncertain Value is reserved by TicketSwap Local for Seller. For this purpose, TicketSwap Local uses a third party account. If a Seller has an outstanding amount of more than EUR 570.00 confirmation that Seller agrees thereto will always be asked before a newly offered e-ticket is visible on the Platform.
Cancellation sale: TicketSwap Local has an interest in the proper execution of the purchase agreement between Buyer and Seller. The purchase agreement therefore includes an irrevocable third party clause for the benefit of TicketSwap Local, which enables TicketSwap Local to demand compliance with the purchase agreement, dissolve the purchase agreement or annul the purchase agreement if Buyer or Seller has not fulfilled the conditions of the Ticket Agreement.
Fees, payment and delivery: The Buyer of an e-ticket can pay online via the offered payment methods. The transaction costs for the purchase of an e-ticket amount to 5% of the Sales Price and include the cost of the payments and VAT. After purchase, the e-ticket is immediately downloadable from the Platform. In addition, as soon as possible after payment is received, TicketSwap Local provides the e-ticket per email in the form of a link to the PDF file. Upon purchase, a final agreement between the Seller and the Buyer has been concluded. Due to the nature of the product, it is not possible to undo the purchase.
Secure Swap: Some e-tickets on the Platform can be purchased through Secure Swap. Via Secure Swap, the e-tickets, offered by Seller on the Platform are being made unusable after the sale. Upon purchase, the Buyer will receive a new unique e-ticket on its own name. In this way, the Buyer is assured that the purchased e-ticket is useful and has never been used before. A Secure Swap e-ticket can be recognized by the Secure Swap logo.
Changes of the event: Unless a Secure Swap e-ticket has been purchased, the organizer of the event cannot approach a Buyer of an e-ticket through the Platform. Buyer is responsible for acquiring information on the event for which an e-ticket has been purchased. TicketSwap Local is not responsible for any changes, delays or cancellations of the event. If the event changes, Buyer himself will have to claim any fees on the organizer of the event (for example: the original price of the e-ticket excluding service charges).
Invalid e-ticket: There is a risk that e-tickets, purchased through the Platform (excluding Secure Swap e-tickets) prove to be invalid. The risks associated with the validity of the e-ticket and any costs associated therewith are for the account of Seller and Buyer. It is not allowed to re-use an e-ticket. It is not allowed to re-sell an e-ticket (unless it is a Secure Swap e-ticket). If the e-ticket appears to be invalid, TicketSwap Local will then bring Seller and Buyer together in a moderated chat discussion in order to seek a solution in good consultation. If Seller refuses to cooperate, TicketSwap Local reserves the right to file a report on Seller and to (permanently) block his account.
Risks: Apart from Secure Swap e-tickets, buying an e-ticket through the Platform is not risk free. TicketSwap Local endeavours to settle only secure and successful transactions through the Platform, but it does not guarantee that an e-ticket, purchased through the Platform, is always valid and will always give access to the desired event. Secure Swap e-tickets are, in principle, always valid for the desired event.
Liability: TicketSwap Local is not liable for any damage that you may suffer as a consequence of your use of the Platformservice or the Platform, unless the damage is caused by intent, gross negligence or deliberate recklessness. Although TicketSwap Local takes as many measures as possible to ensure a safe purchase of an e-ticket, she cannot always guarantee the accuracy of the Platformservice and the content of the Platform. She can only guarantee the accuracy or validity of an e-ticket if it concerns a Secure Swap e-ticket. TicketSwap Local is not liable for the consequences of (any) inaccuracies with respect to the Platformservice, the Platform or the e-ticket. TicketSwap Local is entitled, without prior notice, to (temporarily) suspend or limit the use thereof or to terminate the Platformservice without giving reasons and without such giving rise to any right on compensation towards TicketSwap Local.
Misuse: You agree not to supply any information, data or content through the Platform that infringe any law or regulation. Furthermore, you agree that you:
If TicketSwap Local suspects that you do not comply with the Platform Agreement, TicketSwap Local may (permanently) deny you access to the Platform and to the Platformservice with immediate effect. In the case of non-compliance, we retain the right to keep your (relevant) data and information in our records for future reference, up to, and after any issues are resolved. This means that by violating the Platform Agreement, our right to hold on to your information supersedes data protection rules in which you are allowed to request that we delete all your data from our systems. We do this to prevent abuse in the future.
Disclosure of information:At all times TicketSwap Local has the right to disclose information in order to (i) defend itself in court, (ii) execute a court order, (iii) comply with all laws, regulations or requests from the government, (iv) to protect the national security, defence, the public security and the public health and (v) maintain its rights.