Here you can read the stipulations governing the use of the website www.ticketswap.com. As you will read below, these are two separate agreements. In the first place below you agree that you are entering into a direct contractual relationship with the TicketSwap platform. Anything to do with your account, your data and the technique involved is set out in that agreement. This agreement is called the "Platform Agreement". Secondly, you agree that when you are buying or selling a ticket you always enter into a direct transaction with one of the subsidiaries of TicketSwap (TicketSwap Nederland B.V. or TicketSwap Internationaal B.V., depending on the venue where the concert or event occurs, “the TicketSwap Venue"). That agreement is called the "Ticket Agreement". Dutch law is explicitly applicable to both the Platform Agreement and the Ticket Agreement. 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 items 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 acknowledge 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 TicketSwap Platform Service is intended for personal use and traders or commercial parties are not allowed to commercially use or abuse the Platform. Scripts, (partially) automated programs or other methods to override purchases are not permitted and may lead to a (permanent) restriction of the User.
Disclaimer: TicketSwap is not liable for any damage you may incur as a result of your use of the Platform Service or the Platform, unless such damage is caused by intent, gross negligence or deliberate recklessness. Although TicketSwap takes as much as possible measures to ensure a safe and properly functioning Platform, it does not guarantee in any way the accuracy of the Platform Service or the content of the Platform. TicketSwap is not liable for the consequences of (possible) inaccuracies with respect to the Platform Service or the Platform. Without prior notice TicketSwap is entitled to (temporarily) close or limit the use thereof or terminate the Platform Service without having to state a reason and without any right to compensation arising against TicketSwap.
Abuse: As a condition for the use of the Platform Service, 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 suspects that you do not comply with the Platform Agreement, TicketSwap may (permanently) deny you access to the Platform and to the Platform Service with immediate effect.
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 its rights.
Complaints: If you have a complaint about the Platform or the Platform Service, TicketSwap would like to be informed thereof. Please send your complaint (defined as complete as possible) to email@example.com. Also you can file your complaint by using the red button placed on every page on the right hand side of the screen.
Ticket Agreement: If you buy or offer to sell an e-ticket on the Platform a contract between you as User and TicketSwap Venue is entered into. The actual entity with which you enter into a Ticket Agreement with as User depends on the venue of the event of the pertaining e-ticket. TicketSwap Venue reserves the right to alter this Ticket Agreement. If you offer to sell or buy a (new) e-ticket you automatically acknowledge the most recent version of this Ticket Agreement.
Purchase agreement: Between the "Seller" and "Buyer" of a ticket a Purchase Agreement comes into existence.
Upload e-tickets: As Seller you can offer an e-ticket for sale on the Platform by uploading a PDF-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. As long as his offer has not been accepted, Seller may withdraw his offer for sale of the uploaded e-ticket at any time. To avoid any doubt: once the offer has been accepted by a buyer, a final agreement is reached with the respective buyer and Seller cannot withdraw his offer.
Description E-ticket: Seller fills in the details of the e-ticket as fully as possible and truthfully. Such information shall in all cases include the name of the event, the price and the personal bank account of the Seller. The bank account should be in one of the following countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States. If the e-ticket is for a specific section or seat, the Seller must indicate the seat number clearly in the "description" field. TicketSwap Venue reserves the right to modify the information on the offered e-ticket in accordance with the uploaded e-ticket.
Cost and Price: Seller determines the selling price of each e-ticket that he offers on the Platform (the "Sales Price") provided that this price is not higher than 120% of the original price (including service fees) of the e-ticket. For every e-ticket for which a purchase agreement is reached, an amount equal to 5% of the Sales Price (incl. VAT) ( "Service Fees") is due to TicketSwap Venue. Payment of this amount will take place by offsetting. Seller therefore receives 95% of the Sales Price.
VAT: The VAT on the tickets sold through the Platform by Seller should have been paid on the original e-ticket before Seller offers the e-ticket for sale. TicketSwap Venue charges VAT on the transaction for the Buyer and the service fees for the Seller.
Sold e-tickets: Upon completion of the sale Seller will receive an e-mail confirmation after which the sold e-ticket is automatically removed from the Platform. Seller must verify that the e-ticket is indicated as sold on the Platform. The 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.
High amounts: If at any time a Seller has sold or offers to sell more than EUR 600.00 of e-tickets for events that have not yet occurred (hereinafter to be called: "Uncertain Value") he will not be paid until the event has occurred. The Uncertain Value is reserved by TicketSwap Venue for Seller using a third-party account. If a Seller has more than EUR 600.00 Uncertain Value confirmation is always asked if Seller agrees before a new offer of an e-ticket is visible on the Platform.
Cancellation sale: TicketSwap Venue has a vested interest in the proper execution of the purchase agreement between the Buyer and the Seller. The purchase agreement also includes an irrevocable third party clause for the benefit of TicketSwap Venue that enables it to claim compliance with the contract, to terminate the contract or annul the purchase agreement if the Buyer or Seller has not fulfilled the conditions of the Ticket Agreement.
Fees, payment and delivery: 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. The e-ticket is immediately downloadable after purchase from the Platform. In addition as soon as possible after payment is received TicketSwap Venue provides the e-ticket in the form of a link to the PDF file in an e-mail. When the sale is completed a final agreement between the Seller and the Buyer is concluded. Due to the nature of the product, it is not possible to undo the purchase.
Changes of the event: Once the e-ticket is sold through the Platform the organizer of the event cannot approach the owner of the e-ticket. Buyer shall at all times look up and check the information regarding an event. TicketSwap Venue is not responsible for changes, postponement or cancellation of the event. If the event changes Buyer must seek to recover any reimbursement from the organizer of the event himself (the original price of the e-ticket excluding service fees).
Invalid e-ticket: The risks in connection 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-sell or re-use an e-ticket. If the e-ticket does appear to be invalid, then TicketSwap Venue will bring Seller and Buyer in touch with each other in a moderated chat discussion in order to find an amicable solution. If Seller refuses to cooperate TicketSwap Venue reserves the right to press charges against Seller and block his account (permanently).
Risks: Buying an e-ticket through the Platform is not risk free. TicketSwap Venue endeavours to only provide safe and successful transactions through the Platform, but it does not guarantee that an e-ticket that is purchased through the Platform will always provide access to the desired event.
Liability: TicketSwap Venue is not liable for any damage that you may suffer caused by your use of the Platform Service or the Platform unless the damage is caused by intent, gross negligence or deliberate recklessness. Although TicketSwap Venue takes as much as possible measures to ensure a safe purchase of an e-ticket, it does not guarantee in any way the accuracy of the Platform Service, the content of the Platform or the accuracy or validity of an e-ticket. TicketSwap Venue is not liable for the consequences of (possible) inaccuracies with respect to the Platform Service, the Platform or the e-ticket. Without prior notice TicketSwap Venue is entitled to (temporarily) close or limit the use thereof or terminate the Platform Service without having to state a reason and without any right to compensation arising against TicketSwap Venue.
Abuse: 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 Venue suspects that you do not comply with the Platform Agreement, TicketSwap Venue may (permanently) deny you access to the Platform and to the Platform Service with immediate effect.
Disclosure of information: At all times TicketSwap Venue 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 its rights.