Platform Agreement and Ticket Agreement

GENERAL

What follows are the agreements which apply to the use of the website www.ticketswap.com (and all its subdomains for other countries). 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, one-off agreement with one of the subsidiaries of TicketSwap (depending on the location of the event, hereinafter: “TicketSwap Local”):

TicketSwap Nederland B.V., registered with the Dutch Chamber of Commerce under number 66696267 (event location: The Netherlands),
TicketSwap International B.V., registered with the Dutch Chamber of Commerce under number 66696348 (event location: all countries not listed here),
TicketSwap Brasil Serviços de Ingressos Ltda., registered with the Brazilian Chamber of Commerce under number 35.523.781 (event location: Brazil).

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.

We attach great importance to the provision of a secure and reliable Platform. As such, our Trust & Safety Policy forms part of the Platform Agreement and the Ticket Agreement. You can find the Trust & Safety Policy here. Among other things, the Trust & Safety Policy describes which content and/or actions are and are not permitted on the Platform, how we monitor the Platform in this regard, which associated measures we have taken and how our notification and complaints procedures work. Acting in breach of our Trust & Safety Policy may result in measures being taken against you, including suspension or blocking.

PLATFORM AGREEMENT

Applicability: This Platform Agreement is drawn up by TicketSwap B.V. (“TicketSwap”), located at Rokin 75, 1012 KL Amsterdam, The Netherlands 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. Only in the event of a substantial change of terms in this Platform Agreement do you have the right to terminate the agreement. If you continue to use the Platform, you automatically agree to all changes in the 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 experiences (such as concerts, parties, festivals, days out) (the “Platform Service”).

Registration: To use the Platform Service, sign in with an e-mail address, a Google account, Facebook account or Login with Apple. You may only buy and sell tickets if you provide all of the personal data we request.

Privacy: TicketSwap processes your data in accordance with the General Data Protection Regulation (“GDPR”). TicketSwap processes the personal information provided by you only in order to allow the use of the Platformservice and to communicate with you in this respect. For more information: see thePrivacy Policy on our website.

Personal use: The Platformservice of TicketSwap is intended for personal use. Commercial traders and other commercial parties are discouraged from using the Platform.

Order in which events and tickets are displayed: the order in which events and tickets for sale on the TicketSwap platform are displayed depends on a number of parameters:Events

Your search term. You can search by specific events, artists, cities or event venues.
While exploring events as a platform user, you can specify different variables to decide which events will be shown in your search results.
Your IP address. TicketSwap uses the user’s IP address when ranking search results.
Ticket availability. If an event is sold out, we do not show it in our ‘explore feed’.
Event or artist promotions. If there is promotion of an event in collaboration with the organizer. Once TicketSwap receives the fee for this, the label “collaboration” will be added so that this is clear to you as a platform user.
Ticket price. Events for which tickets are below a certain price.

Users can select a location at various points in the App or on the Website to display events based on that location. This location preference is not directly linked to the user account.

If the user does not select a location, but has GPS permission from the user, the user will see events being held near that location.

If TicketSwap does not have explicit GPS permission from the user, its location is estimated based on the IP address.

Events based on the user’s location are in that case ranked by date and popularity.

If you follow an artist, their events will be displayed at the top of the search results. You can customise the artists you follow in your profile.

Tickets

Search results of tickets for sale within specific events are ranked from lowest to highest price. In the event a branded ticket shop enabling primary ticket sales is available for an event, this listing is placed at the top of the search results.

If primary ticket sales by a primary ticket shop are facilitated through our Platform, this listing will be labelled as such, to distinguish this listing from a listing posted by another fan.

Liability: TicketSwap is not liable for any damage you may suffer as a result of your use of the Platformservice or the Platform, such as losses incurred by Buyer or Seller as a result of Change of an event (also refer to “Changes of the Event”), 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, it cannot guarantee the accuracy of the Platformservice or the content of the Platform. TicketSwap is not liable for the consequences of (any) inaccuracies (such as a wrong event description) with respect to the Platformservice or the Platform.

Payment service: Payment processing services with respect to ticket sales concluded on TicketSwap are provided by Stripe and are subject to theStripe Connected Account agreement, which includes theStripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Platform Agreement or continuing to operate as a Seller on TicketSwap you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. In order to enable Stripe to effectively provide its payment processing services, you agree to provide TicketSwap accurate and complete information about you, and you authorize TicketSwap to share such information and transaction information related to your use of the payment processing services with Stripe.

Misuse: We attach great importance to the provision of a secure and reliable Platform. Our Trust & Safety Policy explains exactly how we go about this. Acting in breach of our Trust & Safety Policy may result in measures being taken against you, including suspension or blocking. Among other things, the Trust & Safety Policy describes which content and/or actions are and are not permitted on the Platform, how we monitor the Platform in this regard, which associated measures we have taken and how our notification and complaints procedures work. You can find the Trust & Safety Policy here.

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.

YouTube services: On some of our pages we present video content which is provided by YouTube, through the YouTube API Services. By using TicketSwap, you therefore agree to be bound by the YouTube Terms of Service.Promotions: TicketSwap Local may from time-to-time launch contests, promotions or sweepstakes (“Promotions”). Promotions are governed by campaign conditions. Promotions may not be available in all countries where this Site has been made available. Promotions may be subject to certain eligibility requirements, determined by TicketSwap Local. TicketSwap Local reserves the right to discontinue any Promotion at any time, without notice to Users. In the event of any inconsistency between these Terms and the campaign conditions of the Promotion Rules, then the campaign conditions will prevail solely with respect to the context of the Promotion.

TICKET AGREEMENT

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 a (new) e-ticket for sale or purchase and the Ticket Agreement has changed, you are required to consent to the most recent version of this Ticket Agreement.

Purchase agreement: Between the “Seller” and “Buyer” of a ticket a Purchase Agreement is concluded. When users purchase their tickets directly from a primary ticket shop through our platform, these purchases are subject to the applicable terms and conditions of the ticket shop concerned.

European consumer legislation: The European consumer protection rules only apply in business-to-consumer relations and not to relations between consumers (“peer-to-peer”). As TicketSwap is primarily a peer-to-peer platform intended for personal use, European consumer legislation does not apply to the Ticket Agreement.

For some events, TicketSwap offers users the option to purchase tickets directly from the primary ticket shop through our platform. In that case, European Consumer laws do apply. In principle, this legislation offers consumers a legal cooling-off and withdrawal period for certain goods or services purchased online. However, it should be noted that this cooling-off and withdrawal period does not apply to leisure services provided on a specific date or within a specific period. This exception applies to tickets sold through a primary ticket shop via our platform.

As such, for either peer-to-peer purchases or purchases from a primary ticket shop through our platform, users are not able to change their mind and exercise their right to withdrawal.

Selling e-tickets

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. This file must be the original digital version supplied by the primary ticket shop. Seller must have the right 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 Buyer reserves the ticket for purchase, Seller is obliged to sell the e-ticket to Buyer. After Buyer buys the ticket a final agreement with the respective Buyer is concluded.

The Seller must at all times be aware of restrictions (e.g. non-transferability because the e-ticket is personalised) regarding the transferability of e-tickets, and must state restrictions in the advertisement. When a ticket with an undisclosed limitation is bought by a Buyer, Seller is required to refund 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. In addition, Seller fills in any differing entrance rights (e.g. early entrance, late entrance, child tickets, CJP pass, etc.) compared to normal tickets. The country in which the bank account has been opened must be one of the countries listed here. Seller must set one of the supported currencies for the listing. If the e-ticket is intended for a specific section or seat, the Seller must indicate the seat number clearly in the “description” field or in the “seating” option (when available). 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 Seller offers on the Platform (the “Sales Price”) taking into consideration that prices are capped at 20% above the “Base price”, that is either the face value (including service fees from the ticket provider) of the e-ticket or the latest e-ticket price as released by the organizer (including service fees from the ticket provider). Detecting the Base price on which the 120% price maximum is applied, shall be at TicketSwap’s sole discretion, thereby taking into account the required level of transparency for the buyer and the seller. When FairShare is enabled, the maximum price shall be calculated from the latest ticket price as released by the organizer. The Seller must comply with applicable local legislation (for information on resale in Belgium,France, Poland, Denmark and Italy click here). In some countries (maximum price) restrictions apply to online offering or reselling e-tickets. In those countries the Sales Price cannot be higher than 100% of the original ticket price. This means that it is also not allowed to sell the ticket for the latest e-ticket price as released by the organizer. However, in some of the countries where restrictions apply it is allowed to add a 5% service fee for our services. For more information and a complete overview of the countries where restrictions apply click here. 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. By entering into this Ticket Agreement Seller instructs Stripe to deduct this amount from the Sales Price received and transfer this to TicketSwap Local. As such, Seller will receive 95% of the Sales Price.

In the event that an e-ticket is sold for more than 120% of the face value (including service fees from the ticket provider), TicketSwap Local reserves the right to reverse the sale or settle the amount above 120% of the face value (including Service Fees) and transfer the reversed or settled amount to the Buyer via Stripe. TicketSwap Local decides when this happens and Buyer cannot exercise this right. When Seller has already been paid out, Seller is required to return the amount above 120% of the face value (including service fees from the ticket provider) to TicketSwap Local in line with the Repayment Terms.

FairShare: The organizer can enable FairShare for sale of e-tickets for their event via the Platform. When FairShare is enabled, any amount exceeding the aggregate of the face value (including service fees from the ticket provider and VAT) will be shared between Seller and the Organizer. TicketSwap collects this amount on behalf of the Organizer from the Seller. FairShare does not affect the maximum price on the Platform. See here for more information on FairShare.

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 will charge the Buyer VAT on the service fees and transaction fees, and will charge the Seller VAT on the Service Fees.

Sold e-tickets: Upon completion of a sale, Seller will receive a confirmation by email or push notification 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. Seller is not allowed to list his e-ticket on multiple platforms. When an e-ticket is sold simultaneously on two different platforms, Seller is obligated to reverse the sale on the other platform.

Payment to Seller: As soon as possible after sale and delivery of the e-ticket, Stripe transfers the agreed Sales Price minus the Service Fees (the “Payment”) to Seller. The time at which Seller can expect the Payment on his bank account can be viewed here. TicketSwap Local accepts no responsibility for those Payments appearing in the bank account on time and is at no stage involved in the processing of the payment. After a notification on an invalid e-ticket from TicketSwap Local to Stripe or in the event of (suspected) fraud, or a cancelled event, the Payment to Seller may be suspended until more clarity about the situation exists. If, according to TicketSwap Local, there is reason to do so, TicketSwap may instruct Stripe to cancel the Payment.

Know Your Customer (KYC) law compliance: TicketSwap Local is bound byprivacy policies. The companies instructed by TicketSwap to handle Payment to Seller cross-check your information with their own and public databases for suspicious behaviour. Based on this review, you may be required to provide additional identification documents to them. These must be original copies of your identification documents that cannot be altered (e.g. watermarked). The identification documents are deleted by these companies after verification.

If Seller does not comply with this verification and does not provide the requested additional identification document(s) within 12 months after the ticket has been sold, this will mean that any funds remaining in the user’s account will be forfeited to cover administrative and other costs for compliance. These funds will become the property of the Platform and will not be refundable under any circumstances. The user agrees that this forfeiture is a consequence of non-compliance with the KYC verification requirement and accepts that they have been adequately notified of this policy.

High amounts: A Seller who at any time by himself, or in conjunction with “Similar Sellers”, has sold for more than EUR 800.00 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. The term “Similar Sellers” is understood to mean: Sellers who share the same or similar personal information as Seller.

The Uncertain Value is reserved by Stripe for Seller. If a Seller has an outstanding amount of more than EUR 800.00 confirmation that Seller agrees thereto will always be asked before a newly offered e-ticket is visible on the Platform.

Financial risk: If an event is potentially subject to fraud or dishonest actions, resulting in financial losses, reputational damage or legal consequences, then that is considered a financial risk. A Seller who at any time by himself, or in conjunction with similar Sellers, has sold e-tickets or offers for sale for an event that is considered a financial risk and that have not yet taken place, will not be paid for that event 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. The money held in escrow is reserved by Stripe for Seller.

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.

Free tickets: Seller is not allowed to sell a ticket, which is obtained at no cost. This includes, but is not limited to, tickets won in a contest, guest list tickets, etc.

Minimum ticket price: Tickets listed on the Platform must be listed for at least €5 (or the equivalent of €5 in one of the other denominated currencies).

Buying e-tickets

Fees, payment and delivery: The Buyer of an e-ticket can pay online via the offered payment methods. The TicketSwap service fees for the purchase of an e-ticket amount to 6% of the Sales Price (including VAT). A minimum service fee may apply per event country and currency. Click here for more information about the minimum service fee. For certain events a different service fee may apply as per the instructions of the organizer of the event. In addition, Buyer pays 3% as a transaction fee for payment processing services and costs covering transactional risks (such as risk management, refund costs, chargeback costs) (including VAT). For certain payment methods (such as PayPal) an additional fee of 2% may apply. After purchase, the e-ticket is immediately downloadable from the Platform. In addition, as soon as possible after payment is received by Stripe, TicketSwap Local provides the e-ticket i.) in Your Tickets in your TicketSwap account and ii.) 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 at any time. Once the transaction is finalized, there is no withdrawal period for Buyer or Seller.

SecureSwap: Some e-tickets on the Platform can be purchased through SecureSwap. When a ticket is sold via SecureSwap, the original e-ticket is made unusable after the sale and replaced with a new unique e-ticket on its own name. In this way, Buyer is assured that the purchased e-ticket is useful and has never been used before. A SecureSwap e-ticket can be recognized by the SecureSwap logo. Gohere to see how SecureSwap works.

Admission to the event: Admission to an event is at all times subject to any terms, conditions or rules of the organizer and the venue operator. Buyer and seller are each individually responsible to take notice of these terms, conditions or rules.

Changes of the event: Buyer is responsible for being aware of any particulars surrounding event for which Buyer purchased an e-ticket and must verify for himself if the experience will be postponed, cancelled or changed in any other way (hereafter jointly referred to as “Changed” or “Change”).

Seller is responsible for being aware of any particulars surrounding the event for which he offers an e-ticket on Platform. Whenever an event is cancelled, Seller should remove e-ticket from Platform within 48 hours after official communication from the organizer. If the e-ticket is sold to Buyer, Seller is required to refund Buyer.

TicketSwap Local will do its best to reach out to buyers about Changes of events, but is not required to do so.

TicketSwap Local is not liable for any damages incurred by users of TicketSwap (Buyers and Sellers) as a result of Changes of events.

When an event is cancelled, the organizer of the event usually provides a “Compensation” to the (legal) person who acquired the e-tickets for that event directly from the organizer (the Seller). It is the intention that this Compensation (with or without contact of the Seller) is paid out to Buyer, as Buyer became the owner by acquiring the e-ticket through the Platform.**

It can happen that the Compensation from the organizer differs from the amount Buyer has paid for the e-ticket on the Platform. TicketSwap Local is not liable for the aforementioned “Price Difference”, not towards Buyer or Seller. Seller is only liable for refunding the face value price set by the organizer.

When paying out the Compensation to Buyer for a cancelled event, a distinction is made between SecureSwap e-tickets and non-SecureSwap e-tickets. TicketSwap aims, to the best of her abilities, to help the Buyer in receiving the Compensation from the organizer.

In the event the purchase was made through SecureSwap, the organizer contacts Buyer (possibly through the Platform) directly about cancellations and Compensation. The compensation for a cancelled event usually comprises the face value paid by Seller of the e-ticket (excluding service fees from the ticket provider). This amount may differ from the amount Buyer has paid through the Platform - the resulting price difference can be higher or lower than the face value.

In the event the purchase was not made through SecureSwap, Seller is obligated to claim any Compensation offered by the organizer for the cancelled event and subsequently transfer this to Buyer in line with the Repayment Terms. This amount is maximized by the amount Seller has received for selling the e-ticket on Platform to Buyer. Any amount transferred to Buyer by Seller must be transferred via TicketSwap using Stripe’s payment processing facilities.

In some cases the Cancellation policy may differ from the above mentioned processes. The preferred resolution always is that Compensation is paid out to Buyer. TicketSwap Local is not liable for Price Differences.

**if an event is postponed to a different date or time and/or changed to a different location Seller is not required to provide a Compensation to Buyer. If Buyer no longer wants to make use of the ticket, Buyer can decide to sell his tickets on the Platform. TicketSwap Local is not liable for any Price Differences arising from this.

Invalid e-ticket: There is a risk that e-tickets, purchased through the Platform (excluding SecureSwap 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. Seller is not allowed to re-use an e-ticket after the transaction is finalized. Buyer is only allowed to re-sell the e-ticket using the TicketSwap account used to purchase the e-ticket. It is not allowed to re-sell an e-ticket on another platform (unless it is a SecureSwap e-ticket).

If the e-ticket appears to be invalid, TicketSwap Local will bring Seller and Buyer together in a moderated chat discussion in order to seek a solution in good consultation. TicketSwap Local acts as an independent moderator between Buyer and Seller and tries to find evidence supporting statements made by Buyer and Seller. Based on these investigations TicketSwap Local will decide whether Seller should repay the invalid tickets to Buyer. Buyer and Seller are obliged to cooperate with the decision of TicketSwap Local.

If Seller refuses to cooperate, TicketSwap Local reserves the right to file a report on Seller, share Seller’s personal information to Buyer to file a police report and to block his account or permanently deny access to his account (for more details, see our Trust & Safety Policy). All instances of invalid e-tickets should be reported to TicketSwap Local.

Buyer has the right to report an invalid e-ticket within 30 days after the event. Following this period, TicketSwap Local will no longer process any claims, except within the periods of the complaints procedure as described in the Trust & Safety Policy.

Repayment Terms: In the event Seller needs to repay Buyer, Seller is required to do this in line with the Repayment Terms. Repayment of Seller to Buyer can be caused by, but not limited to, the sale of invalid e-tickets, the sale of e-tickets for more than 120% of the face value (including service fee from the ticket provider) or cancellation of the event. In the case Seller does not comply with Repayment Terms, TicketSwap Local reserves itself the right to use a debt collection agency to facilitate the repayment. All additional fees from the debt collection agency are for the account of Seller.

TicketSwap Local facilitates the repayment to the best of her ability, meaning that it will mediate between Buyer and Seller for repayment. Repayment to Buyer should always be done using the methods proposed by TicketSwap Local (settlements between Buyer and Seller are at own risk). Any amount transferred to Buyer by Seller must be organized by TicketSwap using Stripe’s payment processing facilities. TicketSwap does not hold any amounts of money owed by the Buyer or Seller at any time.

Repayment Terms - Cancellations: When Seller needs to repay Buyer for a cancelled event, Seller is required to transfer the amount within 14 days after receiving the Compensation from the organizer. Buyer can’t extend any rights from this. In all other cases, Seller is required to repay Buyer within 14 days after the refund is issued to Buyer. If repayment has not been made within 14 days, TicketSwap Local reserves itself the right to assist Buyer in using a debt collection agency to facilitate the repayment. All additional fees from the debt collection agency are for the account of Seller.

Risks: Apart from e-tickets subject to SecureSwap, buying an e-ticket through the Platform is not without risk. TicketSwap Local endeavours to conclude only secure and successful sales 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. SecureSwap e-tickets are, in principle, always valid for the desired event.

General

Liability: TicketSwap Local is not liable for any damage (including without limitation indirect damages) 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, it cannot always guarantee the accuracy of the Platformservice and the content of the Platform. It can only guarantee the accuracy or validity of an e-ticket if it concerns a SecureSwap e-ticket, which does not detract from TicketSwap Local not being liable for any indirect damages. TicketSwap Local is not liable for the consequences of (any) inaccuracies with respect to the Platform Service, the Platform or the e-ticket, including any (technical) faults of defects in relation to the use of a Ticket transfer function offered by a third party. TicketSwap Local is entitled to (temporarily) suspend or limit the use of the Platform or to terminate the Platform Service without such giving rise to any right on compensation towards TicketSwap Local.

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.

Updated on 28 August 2024