Terms and Conditions

Terms of Use
Version 26 April 2022.

1. Definitions and General Information
In these Terms of Use:
a. Event: the public or private event organized by or on behalf of the Organiser,
b. Organiser: the natural or legal person who produces and/or organizes an Event, is responsible for it and sells Tickets for access thereto;
c. Visitor: the natural or legal person who makes use of the Ticket Service in any way whatsoever;
d. Terms of Use: these Terms of Use for the use of Ticket Service;
e. Location: the place where the Event will be held;
f. Agreement: the agreement between Visitor and Organizer;
g. Ticketpatron: the private company with limited liability Ticketpatron B.V., with its registered office and principal place of business at (3212 LE) Simonshaven at Garsdijk 9, the Netherlands, registered under number 67773877 with the Chamber of Commerce and VAT number NL857168794B01;
h. Ticket(s): the admission ticket of an Event organized by or on behalf of the Organizer or products and services related to the Event, which is offered by the Organizer to Visitors through the System.
i. Ticket service: the service of Ticketpatron that makes it possible for Visitors to order and/or reserve Tickets at the Organiser;
These conditions include the conditions that apply to every use that Visitor makes of the Ticket Service. Every Visitor must read these terms of use carefully, so that he is aware of the rights and obligations associated with the use of the Ticket Service. 
If you use the Ticket Service as a Visitor, you purchase a Ticket from the Organiser. The Organizer is responsible for the Event. To make it possible for you to order a Ticket, the Organizer uses the services of Ticketpatron. Ticketpatron offers a technical platform to the Organizer. Ticketpatron is not responsible for the Event and/or Ticket and as such is not a party to the Agreement. These terms of use clarify who is responsible for which part of the transaction. 

2. Applicability Terms of Use

a. These Terms of Use apply to every use that Visitor makes of the Ticket Service. 
b. These Terms of Use also apply to the relationship between customers and third parties that Ticketpatron uses in the execution of the ticket service.

3. Use of the Ticket Service
a. Ticketpatron acts as an intermediary in the conclusion of the Agreement between Visitor and Organizer when offering and selling Tickets. Ticketpatron is expressly not part of the Agreement that is concluded through the purchase of a Ticket. The Agreement is concluded after the Visitor has purchased one or more Tickets via Ticketpatron. Ticketpatron provides the Tickets for the relevant Event on behalf of the Organizer. These Terms of Use therefore only apply to the use of the Ticket Service.
b. If the Visitor wants to buy a ticket, he must go through the procedure. In that context, the Visitor must provide certain necessary information. Visitor guarantees that the information provided is correct and current. 
c. Tickets will be sent by email once payment is confirmed. When the confirmation is received immediately after payment, the tickets will also be offered as a download.
d. Visitor must go through the procedure within the specified time frame. If the procedure is not completed in time, no ticket will be issued. Any payments that may have been made in that context will be reversed.
e. Visitor is responsible for booking and confirming correct tickets. 
f. Organizer, and by extension Ticketpatron, reserves the right at all times to refuse Visitors to sell a Ticket. 
g. In the event of technical problems and/or malfunctions with the use of the Ticket service, the Visitor can contact Ticketpatron via the Organiser.
h. The General Terms and Conditions of the Organizer of the relevant Event, as well as the General Terms and Conditions of the holder of the Location, apply to the use of Tickets and/or access to the Location. These General Terms and Conditions can be requested from the Organizer and the holder of the Location. These can usually be found on the website of the Organizer and the Location holder. Visitor accepts the applicability of those General Terms and Conditions.
i. The Organizer points out to the Visitor that the Agreement that is concluded by means of the Ticket Service relates to leisure activities as referred to in Article 6:230p sub e of the Dutch Civil Code. Visitor therefore does not have the right to dissolve the Agreement without stating reasons as referred to in Article 6:230o of the Dutch Civil Code. If and insofar as the Event takes place within 14 days after the conclusion of the Agreement, the Visitor agrees in advance in accordance with Article 6:230p sub d of the Dutch Civil Code and the Visitor hereby waives the right of termination after the Event has taken place.

4. Prices and payment
a. Organizer sells Tickets via Ticketpatron. All prices as stated in the Ticket Service are in euros including VAT, unless expressly stated otherwise. Prices quoted are subject to change without notice. The price stated in the order overview during the ordering process is binding.

5. Refund and Cancellation

a. Tickets are non-refundable and non-exchangeable, unless otherwise stated in the Organizer's refund and cancellation policy or in the event of cancellation of an event by the Organizer.
b. Where the Organizer's refund and cancellation policy allows for refunds or exchanges, the Visitor should contact the Organizer.
c. If an Event is cancelled, it is the Promoter's responsibility to arrange for the refund of Tickets. If the Organizer does not provide a refund or does not answer questions from the Visitor, the Visitor must contact Ticketpatron directly via the Organiser. Ticketpatron will then endeavor to obtain the refund from the Organizer.
d. In the event that there is a right to a refund of any amount, the Visitor will only be able to validate a claim against the Organizer and never against Ticketpatron. Ticketpatron is never obliged to refund any amount in this context.

6. Prohibition of (re)sale for commercial purposes

a. Tickets are exclusively intended to be purchased by the Visitor for his own use. Personal use means not with the intention of offering the Ticket for sale or (re)selling it to third parties or making it available for commercial purposes. Own use does include the purchase of Ticket(s) for the benefit of the group with which the Visitor will visit the Event. Own use also includes buying Ticket(s) to give as a gift.  
b. Visitor is only entitled to (re)sell Tickets if the Ticket has been purchased for personal use but a circumstance subsequently arises as a result of which Visitor can no longer visit the Event, or if one or more persons from the group with whom Visitor visiting the Event would be prevented from doing so.
c. (Re)sale of Tickets as referred to under b of this article can only take place at a sales price that is a maximum of 20% on top of the price for which the Visitor has purchased the Ticket.
d. The Visitor may not in any way advertise or make any (other) form of publicity in connection with the Event and/or a part thereof if this is done with the intention to (re)sell the Ticket for commercial purposes.
e. The Visitor may not make his Ticket available to third parties free of charge, provided this is not done in the context of commercial purposes and he has complied with the obligations imposed on him, as expressed in these Terms of Use or the General Terms and Conditions of the Organiser, including the prohibition of (by )sale for commercial purposes, also to be imposed on the person to whom he makes the Ticket available and guarantees to the Organizer that this person(s) will comply with these obligations.
f. The opinion of the Organizer that the intention is aimed at (re)sale for commercial purposes is binding.
g. If Visitor fails to comply with one or more of his obligations, as stated in the previous paragraphs of this article, Visitor will pay the Organizer an immediately due and payable fine of €25,000 per violation (per Ticket) and a fine of €1,000.- for each day that the violation has continued and continues, without prejudice to the right of the Organizer to additionally claim compliance and/or (instead of the fine) compensation for the damage suffered or to be suffered from the Visitor.
h. A Ticket that has been/will be resold for commercial purposes and/or used for commercial purposes may be invalidated by the Organiser. An invalidated Ticket does not give the right to access the Event, nor does it entitle the Visitor and/or the holder of the Ticket to a refund and/or compensation.
i. If the General Terms and Conditions also contain a provision prohibiting (re)sale for commercial purposes, that provision will prevail over this one.

7. Intellectual and Industrial Property Rights
a. The industrial and intellectual property rights with regard to the Ticket service, including the intellectual property rights to texts, images, design, photos, software and audiovisual material, belong to Ticketpatron or its licensor and/or the Organiser. Visitor will refrain from conduct that could harm rights or other interests in this regard of Ticketpatron or its licensor and/or the Organiser.
b. The use of the Ticket Service does not extend to the transfer of any intellectual property right from Ticketpatron, its licensor and/or Organizer to the Visitor.

Privacy

A Visitor is deemed to have taken note of the Organizer's privacy statement, which can be consulted on the Organizer's website, and to agree to the processing of the personal data specified by him/her described therein.

Warranties and Indemnification

a. Visitor guarantees that when using the Ticket service, he will refrain from using robots, spiders and scrapers, or other applications that in any way cause actions other than those intended with Ticket service. Visitor furthermore guarantees that he will not use applications that monitor and/or copy the Ticket service or hinder or cause damage to the Ticket service.
b. Visitor indemnifies Organizer and Ticketpatron against all claims from third parties related to unlawful behavior by Visitor.

Liability

a. Ticketpatron cannot be regarded as the organizer (Organiser) of the Event and is not responsible for and does not guarantee the (artistic) quality and content of the Event and the course of events surrounding the Event. Ticketpatron does not accept any liability on the basis of this information.
b. The information regarding Tickets and Events, such as dates, changes, and cancellations of Events, or the prices and availability of Tickets, comes from the Organiser. It is the Visitor's responsibility to check whether an Event has been canceled or rescheduled and what the new time or location will be.
c. The Organizer and/or Ticketpatron does not guarantee that the Ticket Service will be accessible at all times and without interruptions or malfunctions. The Organizer and/or Ticketpatron is in no way liable and/or liable for compensation towards the Visitor for any damage arising from or as a result of the (temporary) unavailability or (interim) breakdown of the Ticket service.
d. Visitor indemnifies Organizer and/or Ticketpatron against all claims by third parties related to the Visitor's failure to comply or insufficiently with any obligation towards Organiser, whether or not arising from the Terms of Use and/or any other rights of third parties.
e. The Organizer and/or Ticketpatron accepts no liability whatsoever for the loss or damage to Tickets by the Visitor for whatever reason. From the moment that the Ticket is made available to the Visitor, the risk of loss, theft, damage, or misuse of the Ticket, therefore rests on the Visitor. In the event of loss or theft, the Visitor cannot claim a replacement Ticket or refund of any amount in money.
f. In the event that it is established in a situation that Ticketpatron is liable towards the Visitor, the liability is limited to the amount of the Tickets purchased by the Visitor.

Force Majeure

a. Force majeure is understood to mean any shortcoming that cannot be attributed to the Organizer or Ticketpatron, because it is not due to its fault and is not for its account under the law, legal act or generally accepted opinion, including in any case also included are decisions and/or measures of the government, international conflicts, violent or armed actions, labor irregularities, natural disasters, exclusions and boycotts, fire, and failures in energy supplies, communication connections, or in equipment or software.
b. Organizer and/or Ticketpatron is not liable for (consequential) damage as a result of force majeure.

12. Applicable law and competent court
a. The Terms of Use and the use of the Ticket Service are exclusively governed by Dutch law.
b. All disputes between Visitor, if this is a consumer, and Organizer will be submitted to the competent court in the district of the Visitor's place of residence, unless mandatory law provides otherwise. In the event of disputes between a Visitor, who is not a consumer, and the Organizer, these will be submitted to the competent court in the district where the Organizer has its registered office.

Miscellaneous

a. Communications by electronic means are deemed to have been received on the day of transmission, unless the contrary is proven by the recipient. If the notification has not been received as a result of delivery and/or accessibility problems with regard to the Visitor's e-mail box, this is at all times at the risk of the Visitor.
b. If one or more of the provisions of these Terms of Use is void or destroyed, the other provisions of these Terms of Use will remain in full force and effect. The Organizer and/or Ticketpatron will replace the relevant provision with a new comparable provision to be determined by it.
c. The Organizer and/or Ticketpatron is at all times entitled to make procedural and/or technical changes and/or improvements to the Ticket Service without prior notice.
d. The Organizer and/or Ticketpatron reserves the right to (temporarily) deactivate the Ticket Service and/or limit its use, without prior notice and without being liable for damages to the Visitor.
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