1.1 Agreement

The Agreement formed between the Organiser and Tickgetr regarding the Services. This may include an offer or an agreement established between the Organiser and Tickgetr in accordance with these general terms and conditions.

1.2 Organiser

The organiser, acting in a professional or business capacity to arrange events, who enters into an Agreement with Tickgetr or for whose benefit Tickgetr provides Services.

1.3 Platform

The platform developed by Tickgetr and provided to the Organiser under the Agreement, allowing the Organiser to use Tickgetr's software to plan and market events and sell (e)Tickets to Platform Users.

1.4 (e)Ticket(s)

(e)Tickets for or related to an event organized by or on behalf of the Organiser, sold on the Tickgetr Platform to the User. This includes any sold entrance tickets that are not eTickets.

1.5 User

The natural person and/or legal entity that uses the Platform to purchase (e)Tickets from the Organiser through the Services and Platform of Tickgetr for an event organized by or on behalf of the Organiser.

1.6 Services

Any services offered by Tickgetr through the Platform and related to the Platform that Tickgetr provides for or on behalf of the Organiser.

1.7 Service Costs

The fixed or variable fee charged by Tickgetr to the User or Organiser (or a combination thereof) pursuant to the Agreement between Tickgetr and the Organiser for the use of the Platform.

1.8 Booking Costs

The variable fee charged by Tickgetr to the User or Organiser (or a combination thereof), pursuant to the Agreement between Tickgetr and the Organiser, related to the payment of the (e)Ticket(s).

1.9 Transaction Costs

Variable fees charged by Tickgetr to the User or Organiser (or a combination thereof), pursuant to the Agreement between Tickgetr and the Organiser, related to the payment of the (e)Ticket(s) via certain payment methods that carry an additional cost.

1.10 Ticket Terms and Conditions

The terms and conditions applicable to the relationship and agreement between Tickgetr and the User.

2.1.

These general terms and conditions apply to all offers, proposals, discussions, and quotations of Tickgetr, order confirmations, Agreements, however named, and all legal acts between Tickgetr and the Organiser.

2.2.

The applicability of any general terms and conditions of the Organiser is expressly excluded unless explicitly agreed in writing by Tickgetr.

2.3.

These general terms and conditions also apply to anyone employed by Tickgetr, anyone engaged by Tickgetr, and anyone for whose acts or omissions Tickgetr is or may be liable.

2.4.

Should any provision in these general terms and conditions be void or otherwise unenforceable, this shall not affect the validity of the remaining provisions of these general terms and conditions and/or the Agreement between Tickgetr and the Organiser. Tickgetr and the Organiser shall consult to agree on a new provision to replace the void/annulled or unenforceable provision, with the parties observing as far as possible the purpose and intent of the void/annulled or unenforceable provision.

2.5.

Tickgetr is entitled to unilaterally amend these general terms and conditions. In the event of an amendment to the general terms and conditions, Tickgetr shall notify the Organiser accordingly in writing. The Organiser agrees to these changes in advance, so that the amended general terms and conditions will apply to all Services provided by Tickgetr after notification of the amended general terms and conditions.

3.1.

By concluding the agreement, Tickgetr becomes the agent of the Organiser and will therefore proceed to sell tickets for the event organized by the Organiser in the name and on behalf of the Organiser.

3.2.

Descriptions and images of Tickgetr's Services, price lists, brochures, quotations, and other information concerning Tickgetr's Services are as accurate as possible but without obligation, unless the offer expressly states otherwise.

3.3.

The Organiser undertakes to enter all essential event data on the Tickgetr platform before the start of ticket sales when creating a new event. These essential data include, at a minimum: the event location, event date, ticket price, access conditions (such as any minimum age limit), any performing artists, and the official name of the event.

3.4.

If there is a minimum age requirement for access to the event, the Organiser must always include this in the event description on the event page. Tickgetr is not liable for minors being granted or denied access to the event. The final age verification of attendees is the responsibility of the Organiser, as Tickgetr merely facilitates ticket sales and is not present on-site.

4.1.

The Services offered by Tickgetr include using the Platform to ensure that (e)Tickets for an event organized by the Organiser can be offered by Tickgetr on behalf of the Organiser to Users through the Platform, as well as the offering of certain additional products. Unless specific agreements have been made between the Parties regarding a particular result described with sufficient definiteness in writing in the Agreement, Tickgetr only has a best-efforts obligation with respect to all Services.

4.2.

Tickgetr shall provide the Organiser with access to the Platform. The Organiser shall be responsible for checking any and all information posted on the Platform, and Tickgetr shall never be liable towards the Organiser for any errors in information posted on the Platform with respect to (e)Tickets or an event organized by the Organiser.

4.3.

The (e)Tickets are bought and sold via the Platform where the User acts as buyer and Tickgetr as seller of the (e)Tickets, all in accordance with the Ticket Terms and Conditions. Tickgetr’s only obligation under the Agreement is to enable the User to purchase an (e)Ticket to the event of the Organiser. Tickgetr shall in no way be liable to the User and/or the Organiser for any damages related to the event organized by the Organiser.

4.4.

The Organiser shall provide all information and materials reasonably necessary for Tickgetr to perform under the Agreement, including but not limited to information on events for which the Organiser expects a peak in sales, to provide Tickgetr with sufficient time to take appropriate measures to deal with such peak sales technically. The Organiser is obligated to provide all necessary and reasonable assistance to Tickgetr with respect to the performance of the Agreement.

4.5.

The Organiser represents and warrants that all information and materials provided are true, complete, accurate, and current and will promptly notify Tickgetr if information or materials do not possess the aforementioned qualities. The Organiser guarantees the accuracy, completeness, and reliability of the data and records made available to Tickgetr, even if they are from third parties, and declares that they are lawfully in their possession.

4.6.

Tickgetr will provide Organisers and Users with remote access to the Platform and Services via the Internet or other similar and applicable networks.

4.7.

Use of the Platform by the Organiser and Users must be in accordance with the relevant regulations and procedures set forth by Tickgetr, including these general terms and conditions, at all times.

5.1.

Tickgetr assumes responsibility for providing Services and/or a Platform in accordance with the Agreement, adhering to good practice standards in the relevant industry and using at least reasonable efforts. Tickgetr warrants to exercise the degree of skill and care reasonably expected of a reputable, competent, and reasonably experienced party engaged in such activities. Tickgetr does not warrant uninterrupted availability of the Service and/or the Platform.

5.2.

Tickgetr may temporarily take the Service and/or the Platform or any part thereof out of service for the purpose of (planned and unplanned) maintenance, modification, or improvement. Tickgetr may, from time to time, modify the functionalities of the Service and/or the Platform.

5.3.

Both parties will use their best efforts to meet the timelines and deliverables set forth in the Agreement. Should there be any delay in plans, both parties will notify each other and set new target dates for Tickgetr's performance and obligations. Any dates or deadlines are subject to the correct and timely delivery, fulfillment, and execution of obligations and cooperative acts of the Organiser.

5.4.

Except as expressly set forth in the Agreement, Tickgetr makes no warranty, express or implied, of any kind, including but not limited to any warranty as to merchantability or fitness for a particular purpose, or a warranty against infringement of intellectual property rights of a third party, whether express or implied by statute (conformance), course of dealing, method of performance, or otherwise. The Organiser confirms that in entering into the Agreement, it has not relied on any warranty from Tickgetr other than the warranty expressly set forth in the Agreement and has taken into account the absence of any other warranty in entering into the Agreement.

6.1.

Tickgetr charges a flat fee of 0.30 EUR (excluding VAT) per (e)Ticket sale.

6.2.

The Organiser can choose to pass the fee on to the user by enabling the "pass on charges" option in the event configuration.

6.3.

The Organiser shall communicate the (e)Ticket prices for the events to Tickgetr by posting the prices on the Platform. The Organiser, at its sole discretion, has the option to change prices for (e)Tickets on Tickgetr's Platform at any time.

6.4.

If the Organiser defaults on payment, or in the event of bankruptcy, application for a moratorium, or the closure or liquidation of its business, all claims by Tickgetr against the Organiser become immediately due and payable.

6.5.

In the event Tickgetr suspects fraud on the part of the Organiser and/or has good reasons to suspect the cancellation of an event, Tickgetr reserves the right to initiate an investigation. During this investigation, Tickgetr will assess the situation and determine appropriate actions to address potential chargebacks and associated costs. Tickgetr shall communicate the findings and any resulting actions to the Organiser as soon as possible.

6.6.

If the Organiser decides to cancel an event and refund the cost of the (e)Tickets to the Users after Tickgetr has commenced the performance of the Services, Tickgetr shall not be obligated to refund any Service Costs and/or Transaction Costs.

7.1.

Tickgetr offers the Organiser the option to refund sold (e)Tickets to Users. The Organiser can choose to refund (e)Tickets including Service Costs and/or Transaction Costs. However, Tickgetr shall never be obligated to refund Service Costs or Booking Costs. If the Organiser wants to refund Service Costs, Booking Costs, and/or Transaction Costs to the User, the Organiser must refund these costs directly to the User.

7.2.

Tickgetr has the right to make payments(refunds/chargebacks) from the organizer in case of a relative situation arising.

8.1.

Throughout the term of the Agreement, the Organiser can access information regarding the volume and status of (e)Tickets sold to Users through the Platform.

8.2.

Throughout the term of the Agreement, the Organiser has access to an overview of all transactions between Users and Tickgetr through the Platform.

8.3.

Invoicing, reports, notifications, and other communications between Tickgetr and the Organiser will be conducted digitally, either via email or through publication on a secure or unsecured section of the Tickgetr website.

9.1.

Tickgetr has the right to terminate the Agreement immediately if it reasonably believes it cannot follow the Organiser’s instructions and the Organiser insists on those instructions, or if Tickgetr believes the Agreement can no longer be carried out under the original terms and the Organiser insists on maintaining those terms, or for any other compelling reason. In such cases, Tickgetr will not be obligated to pay any penalty or compensation.

9.2.

Without prejudice to any other rights Tickgetr may have (including performance, compensation, or reimbursement of expenses), Tickgetr is entitled to fully or partially terminate the Agreement or suspend its obligations under the Agreement or any other agreement with the Organiser, with immediate effect and without court intervention, if:

• The Organiser breaches any provision of the Agreement and/or these general terms and conditions and fails to remedy the breach within 7 days of receiving a written notice of default from Tickgetr;
• The Organiser commits an irremediable breach of the Agreement, upon written notice from Tickgetr;
• The Organiser applies for or is granted a (temporary) moratorium;
• The Organiser's bankruptcy is filed or declared by the court;
• The Organiser's business is liquidated;
• The Organiser offers a settlement to its creditors;
• A prejudgment or execution attachment is levied on a substantial part of the Organiser's business assets; or
• The Organiser's business, or a substantial part thereof, is sold to a third party.

9.3.

If the Agreement is terminated, any claim Tickgetr has against the Organiser shall become immediately due and payable. Tickgetr shall be entitled to compensation for all direct, indirect, and consequential damages, including loss of profit, without prejudice to its other legal rights and its rights under the Agreement and these general terms and conditions. Tickgetr will not be obligated to pay any compensation or continue performance.

10.1.

The organiser and Tickgetr intend to fulfil their respective obligations under Article 28 of the GDPR.

10.2.

Definitions:

All terms and abbreviations starting with a capital letter in this Article shall have the meaning as provided in Article 4 of the GDPR. Additionally, the parties use the following terms, abbreviations, and definitions (in alphabetical order):

• (a) GDPR:

  General Data Protection Regulation (EU) 2016/679 of the European Parliament and Council dated 27 April 2016, regarding the protection of natural persons in connection with the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC.



• (b) Data Subject:

  The User or any identifiable natural person who can be identified, directly or indirectly, particularly by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.



• (c) EEA:

  The member states of the European Union, and Iceland, Liechtenstein, and Norway.



• (d) Incident:

  Any reasonable chance or fear of a security breach that could accidentally or unlawfully lead to the destruction, loss, alteration, unauthorized provision of, or unauthorized access to, personal data transmitted, stored, or otherwise processed.



• (e) Privacy laws and regulations:

  All European and national laws and regulations relating to the GDPR or the implementation thereof.



• (f) Sub-processor:

  The person who assists the Processor with the processing of personal data.



• (g) Subject of the Processing:

  The Organiser, in the context of executing the Agreement by Tickgetr, will directly or indirectly provide data to Tickgetr that qualifies as personal data, which will be processed by Tickgetr on behalf of the Organiser. For the processing of personal data under the Agreement, the Organiser will act as the Controller and Tickgetr as the Processor. Tickgetr, as the Processor, will only process the personal data as instructed by the Organiser. The Organiser acknowledges and permits Tickgetr to process personal data for its own purposes, limited to: 1) pre-filling user data for users who have previously purchased tickets through Tickgetr and are recognized due to cookies placed, and 2) analyzing and creating statistics on the use of its platform by users, provided this further processing is compatible with the Organiser’s initial processing purposes, Tickgetr can rely on a lawful basis for the processing, Tickgetr commits to informing the data subjects on the further processing and will comply with all other obligations under the GDPR. Tickgetr will expressly not use the personal data for the promotion and marketing of other events. The Organiser acknowledges that if Tickgetr or part of it is acquired by a third party, the aforementioned purposes established by Tickgetr may change.



• (h) Obligations of Tickgetr and the Organiser:

  Tickgetr will ensure compliance with its obligations under the privacy laws and regulations and will enable and assist the Organiser in complying with the privacy laws and regulations. Tickgetr will process the personal data solely based on the written instructions of the Organiser, including the transfer of personal data outside the EEA, and for the duration of the Agreement. Tickgetr will inform the Organiser if it believes that an instruction from the Organiser may breach privacy laws and regulations. Tickgetr is authorized to decide which resources it will use for the processing, as long as this arises from the Agreement or the instructions from the Organiser. In this context, Tickgetr can only make decisions regarding practical matters that do not or cannot significantly impact the protection of personal data. The Organiser guarantees to Tickgetr that the content, use, and/or processing of the personal data is lawful and does not violate any third-party rights.



• (i) Obligation to cooperate:

  Given the nature of the processing and the information available to it, Tickgetr will assist the Organiser in fulfilling the obligations referred to in Articles 35 and 36 of the GDPR, particularly in assessing the necessity of and possibly conducting a data protection impact assessment and the need to request prior consultation. Tickgetr may charge the costs of implementing these measures to the Organiser.



• (j) Costs:

  Costs resulting from access requests by data subjects, audits, or seizures by the Belgian Data Protection Authority or another supervisory body regarding personal data will be borne by the Organiser.



• (k) Security measures:

  Considering the state of the art, implementation costs, the nature, scope, context, and processing purposes, and the various risks in terms of likelihood and seriousness for the rights and freedoms of persons, Tickgetr will take appropriate technical and organizational measures to ensure a security level that matches the risk. Tickgetr will ensure that the implemented measures comply with what is stipulated in the privacy laws and regulations, particularly Article 32 of the GDPR. Tickgetr will comply with the Organiser’s instructions regarding the security of personal data processed on behalf of the Organiser and assist the Organiser in fulfilling obligations under Article 32 of the GDPR.



• (l) Audits:

  Tickgetr will provide information to the Organiser required to demonstrate compliance with the obligations under the Agreement and the GDPR. Tickgetr will provide all information to enable audits, including inspections, by the Organiser or an authorized party. The additional costs of an audit and requesting additional information will be borne by the Organiser.



• (m) Incidents and Data Breaches:

  Tickgetr will inform the Organiser of an Incident as soon as possible, but in any case, within 40 hours of discovery. Such notifications will describe:
  
  
  • The nature of the Incident or Data Breach, specifying the categories of data subjects and personal data registers concerned and approximately the number of data subjects and personal data registers concerned.
  • The contact point for more information.
  • The possible consequences of the Incident or Data Breach.
  • The measures proposed by the Processor to address the Incident or Data Breach, including measures to mitigate any adverse consequences.
  
  Given the nature of the processing and the available information, Tickgetr will assist the Organiser in fulfilling obligations under Articles 33 and 34 of the GDPR regarding notification to the relevant data protection authority and data subjects. In the event of an Incident or Data Breach, Tickgetr will keep all related details confidential and ensure availability for consultation with the Organiser. Tickgetr will also ensure that staff involved in determining or resolving the Incident or Data Breach are available to the Organiser.



• (r) Sub-processors; permission:

  The Organiser gives Tickgetr general written permission to engage sub-processors for processing personal data and to replace them. If Tickgetr intends to engage or replace a sub-processor, it will inform the Organiser at least one month prior, providing the statutory name of the intended sub-processor, the specific processing activities, and the reason for engagement.



• (s) Sub-processors; obligations:

  
  
  • When Tickgetr engages a sub-processor, it will conclude a written agreement ensuring the sub-processor complies with the same data protection obligations as Tickgetr, providing adequate guarantees regarding appropriate technical and organizational measures to ensure compliance with the GDPR.
  • If the sub-processor fails to fulfill its data protection obligations, Tickgetr remains fully liable to the Controller for the sub-processor's obligations.
  • After the Agreement ends, the sub-processor will either permanently delete or return the personal data as determined by Tickgetr or the Organiser.



• (w) Data subject rights:

  Tickgetr will assist the Organiser in fulfilling its obligation to respond to data subject requests under Chapter III of the GDPR, providing proof of compliance if requested by the Controller. Costs of exercising data subject rights will be borne by the Organiser. Tickgetr will notify the Organiser if it receives a data subject request and will not fulfill any request without the Organiser’s permission.



• (x) Transfer of Personal Data:

  The Organiser grants Tickgetr written permission to transfer personal data to sub-processors outside the EEA, provided Tickgetr fulfills all obligations under privacy laws and regulations for such transfers, such as concluding relevant Standard Contractual Clauses where needed.



• (y) Confidentiality:

  Tickgetr will ensure confidentiality of personal data processed on behalf of the Organiser. Authorized persons processing the data will observe confidentiality through written agreements. Tickgetr may only disclose personal data to third parties with the Organiser’s permission.

11.1.

Both Tickgetr and the Organiser retain all intellectual property rights to the works they create, use, or provide in the context of executing the Agreement. Unless explicitly agreed otherwise in writing between the parties, no transfer of intellectual property rights will occur based on these general terms and conditions or the Agreement.

12.1.

Tickgetr will only be liable to the Organiser if the Organiser can prove that it suffered damage due to a significant error by Tickgetr, which could have been avoided with reasonable care. Tickgetr's liability will be limited to direct damages that are the immediate and direct result of that error, except in cases of willful misconduct or gross negligence by Tickgetr. For clarity, Tickgetr will not be liable for any errors related to the (e)Tickets or their pricing. It is solely the Organiser's responsibility to verify all information to be published on the Platform before Tickgetr publishes it.

12.2.

Tickgetr shall not be liable for any indirect damages, including but not limited to loss of profit, loss of goodwill, loss of relationships arising from any delay, loss of data, missed savings, business interruption, or damages caused by willful misconduct or gross negligence of auxiliary staff, regardless of how these damages are named or incurred by anyone.

12.3.

If, despite the provisions in this article, Tickgetr is found liable by the Organiser for any damages, such liability will be limited to (i) the amount covered by Tickgetr's insurance for the event in question or, if Tickgetr is uninsured, (ii) the amount that would reasonably have been covered by insurance if such insurance is standard in Tickgetr's industry or could have been acquired on reasonable terms.

12.4.

Tickgetr is not liable for defects resulting entirely or partially from processing methods, constructions, or manufacturing specified by the Organiser, or from suppliers, consultants, subcontractors, or assistants chosen by the Organiser. This includes consultants, subcontractors, or auxiliary personnel selected by the Organiser. Furthermore, Tickgetr is not responsible for any damage caused by willful misconduct or gross negligence by the User or anyone with access to the Services and Platform.

12.5.

The Organiser indemnifies Tickgetr against any and all claims by third parties for compensation of damages or other liabilities, which are directly or indirectly related to the execution of the Agreement between Tickgetr and the Organiser.

12.6.

Tickgetr may always offset an obligation to pay damages against any unpaid invoices, including the interest and costs arising from them.

12.7.

The limitation of liability also applies to Tickgetr’s employees and any third parties engaged by Tickgetr to perform activities under the Agreement.

12.8.

If, despite the provisions of this Article, Tickgetr is held legally liable for damages suffered by the Organiser, such liability is in all cases and on any grounds whatsoever, limited to the amount Tickgetr has actually received from the Organiser for the Services concerned, up to a maximum of EUR 50,000.

12.9.

Claims for damages shall expire one year after the day the Organiser became aware of the damage and Tickgetr’s possible liability for it.

13.1.

Tickgetr shall not be liable or responsible to the Organiser, nor shall it be deemed to be in default or in breach of any provision under the Agreement and/or these general terms and conditions for any failure or delay in fulfilling or performing any term of the Agreement and/or these general terms and conditions if such failure or delay is caused by, or results from, acts or circumstances that are unforeseeable and beyond Tickgetr’s control (Force Majeure). Force Majeure includes, but is not limited to, circumstances that prevent Tickgetr from performing the Agreement or make it impossible or unreasonably burdensome for it to do so, such as (internet) failure, fire, power outages, flooding, strikes, labor unrest, illness of personnel, war (whether declared or not), terrorism, embargoes, blockades, legal restrictions, riots, government measures related to the provision of the Services and/or the Platform, cybercrime, and delays in the provision of products/data or services by suppliers or agents. In the event of force majeure, Tickgetr will inform the Organiser immediately after the circumstance arises, specifying the nature of the force majeure, the start date, and, if possible, the expected duration.

13.2.

In the event of Force Majeure, Tickgetr may terminate the Agreement immediately by providing written notice to the Organiser if the circumstances of non-performance reasonably justify such action and the Force Majeure event persists for more than 30 days. Upon termination of the Agreement due to Force Majeure, the Organiser will not be entitled to any form of compensation related to the termination.

14.1.

Upon termination of this Agreement, Tickgetr shall have the right to retain customer data collected during the term of the Agreement for up to 7 years from the end of the fiscal year to which the data relates, solely for record-keeping purposes and to comply with legal and regulatory requirements. Tickgetr will take reasonable measures to ensure the confidentiality and security of the retained customer data.

14.2.

Tickgetr will provide support to the Organiser, up to 30 days after termination of the Agreement, to download customer data from their Tickgetr dashboard.

15.1.

Unless explicitly stated otherwise, this Agreement does not contain any third-party clauses that allow third parties to appeal against any Party of this Agreement.

15.2.

This Agreement or any of its provisions may only be amended if the amendment is documented in writing and duly signed by the Parties.

15.3.

If any provision of this Agreement is found to be contrary to any law, regulation, or court decision by a competent court, or becomes unenforceable for any other reason, (i) the Parties will replace the invalid or non-binding part with provisions that are valid and binding and that, given the content and scope of this Agreement, will correspond as closely as possible with the consequences of the invalid or non-binding part, unless this is impossible, in which case the provision will be removed, and (ii) the rest of this Agreement will remain in full force.

15.4.

Unless expressly stated otherwise in this Agreement, Tickgetr’s rights under the Agreement are in addition to, and without prejudice to, other rights available under applicable laws or regulations.

15.5.

A waiver by Tickgetr can only be effected through written notification. If Tickgetr does not exercise or delays exercising any of its rights under the Agreement, this cannot be regarded as a waiver of that right or any other right under the Agreement.

15.6.

The Organiser is not entitled to transfer, encumber, or otherwise dispose of any rights arising from this Agreement in whole or in part.

16.1.

The legal relationship between the Organiser and Tickgetr shall be exclusively governed by Belgian law.

16.2.

The courts of Brussels have exclusive jurisdiction to hear all disputes between the Organiser and Tickgetr, with the understanding that Tickgetr remains entitled to sue the Organiser before any other competent court that would have jurisdiction over disputes between the Organiser and Tickgetr without the above choice of forum.

1.1 Tickgetr

The entity providing its ticket sales service to the User under the name "Tickgetr," hereinafter referred to as Tickgetr.

1.2 Services

The Services offered to the User by Tickgetr via the Platform.

1.3 Organiser

The organizer, acting in a professional or business capacity to organize events, utilizes the Tickgetr platform for the sale of (e)Tickets.

1.4 Platform

The SaaS application developed by Tickgetr under the Agreement is made available to the Organizer and User, allowing the User to purchase (e)Tickets from Tickgetr, acting as an intermediary for the Organizer, for events organized by the Organizer.

1.5 Agreement

The agreement entered into between the Organizer and Tickgetr regarding the use of the Platform.

1.6 (e)Ticket(s)

The admission ticket for an event organized by or on behalf of the Organizer, sold by Tickgetr to the User via the Platform.

1.7 User

The natural and/or legal person who enters into or wishes to enter into an Agreement with Tickgetr and, by using the Platform, purchases (e)Tickets from Tickgetr for an event organized by or on behalf of the Organizer pursuant to these General Ticket Terms and Conditions.

2.1.

These General Ticket Conditions apply to the Agreement between Tickgetr and the User, and to the delivery of the Services to the User.

2.2.

These General Ticket Conditions also apply for the benefit of each person employed by Tickgetr, each person engaged by Tickgetr, and each person for whose acts or omissions Tickgetr is or may be liable.

2.3.

Should any provision in these General Ticket Terms and Conditions be void or otherwise unenforceable, this will not affect the validity of the other provisions in these General Ticket Terms and Conditions and/or the Agreement between Tickgetr and the User. Tickgetr and the User will enter into consultations to agree on a new provision to replace the void or unenforceable provision, whereby the parties will, as much as possible, observe the purpose and intent of the void or unenforceable provision.

2.4.

The applicability of any other general terms and conditions, whether used by the User or any other third party, is expressly rejected.

2.5.

Tickgetr is entitled to amend these General Ticket Terms and Conditions unilaterally. In the event of amendments, Tickgetr will inform the User in writing. The Organizer agrees to these amendments in advance, so the amended General Ticket Terms and Conditions will apply by operation of law to all Services provided by Tickgetr after notification of the amended Terms and Conditions.

3.1.

The Services offered by Tickgetr to the User consist of providing access to the Platform for the purchase of (e)Tickets. For each individual purchase of (e)Tickets, a direct, one-time Agreement is established between Tickgetr and the User. When a User purchases an (e)Ticket via the Platform for an event organized by the Organizer, a remote agreement is created between the User and Tickgetr for the use of the Platform.

3.2.

When the User purchases an (e)Ticket for an event organized by the Organizer via the Platform, a purchase agreement for (and/or the reservation of) the (e)Ticket(s) is established between the User and the Organizer, with the Organizer acting as the seller and the User as the buyer. This purchase agreement is concluded through the intervention of the Platform. Tickgetr is expressly not a party to the purchase agreement between the Organizer and the User. Tickgetr's Services are limited to providing access to the Platform. Tickgetr is never liable for the event organized by the Organizer or any related matters. The Organizer's company details will be provided through the Platform.

3.3.

Payment for the (e)Ticket by the User is processed via the Platform. After payment, the User will receive (a hyperlink to) the (e)Ticket(s) via email. Payments received by Tickgetr from the User will be transferred to the Organizer, minus a fee agreed upon between Tickgetr and the Organizer, and subject to additional conditions agreed upon by both parties.

3.4.

The (e)Ticket is an entry ticket to an event organized by the Organizer and provided by Tickgetr to the User via the Platform.

3.5.

The sales price of the (e)Ticket(s) is displayed to the User on the Platform. When purchasing the (e)Ticket(s), the User is required to pay Tickgetr the amount of the sales price plus any applicable service and booking costs per (e)Ticket. The User can pay for the (e)Ticket(s) online using the payment methods offered on the Platform. If additional transaction costs apply to a payment method selected by the User, this will be indicated on the Platform. The Organizer may adjust the prices for (e)Ticket(s) at any time. Tickgetr is under no circumstances liable to the User for interim price changes implemented by the Organizer or for any spelling or typing errors related to the prices displayed on the Platform. The User cannot hold Tickgetr accountable for prices that should reasonably be considered obvious or clerical errors.

3.6.

Users are responsible for informing themselves about the event for which (e)Tickets have been purchased. Tickgetr is not liable for any changes, postponements, or cancellations of the Organizer's event. In the event of such changes, the User must seek any compensation directly from the Organizer.

3.7.

Upon purchase of the (e)Ticket(s), a final remote agreement between the User and Tickgetr, and a purchase agreement between the User and the Organizer, is established. Due to the nature of the service, the remote purchase of the (e)Ticket(s) cannot be dissolved. The purchase agreement is irrevocable. By accepting these General Ticket Terms and Conditions, the User explicitly agrees in advance that the digital content of the (e)Ticket(s) will be made available immediately and waives their right of dissolution.

4.1.

Tickgetr grants the Organizer and Users access to the Platform and Services remotely via the internet or another similar applicable network. When purchasing an (e)Ticket, Tickgetr will request the User to provide the following personal data:

• Full Name


• Email Address

This data is necessary to make the (e)Ticket(s) available to the User.

4.2.

At a minimum, the User must meet the following requirements:

• User must be reachable by e-mail.

4.3.

The User is responsible for and warrants the correctness, completeness, and accuracy of all information and data provided to Tickgetr, including information from third parties, and represents that it is lawfully in their possession. Tickgetr is not liable for delays or inaccuracies in the transmission of information, or for any manifest clerical errors, regardless of who the information concerns or to whom it is provided.

4.4.

Tickgetr reserves the right, under all circumstances and at all times, not to process a purchase of an (e)Ticket through the Platform or to process it under different conditions. Tickgetr is also entitled to implement (additional) technical measures to prevent unlawful use or use for purposes other than those agreed upon. Additionally, Tickgetr may take measures to prevent or limit any liability towards third parties concerning the use of the Services and the Platform. In the event of (or impending) violations of these General Ticket Conditions, Tickgetr is authorized to deny, limit, or suspend the Organizer's and Users' access to the Services and/or the Platform.

4.5.

By purchasing (e)Tickets, the User agrees to comply with these General Ticket Terms and Conditions.

4.6.

Tickgetr may take all measures it deems necessary, including but not limited to blocking the sale and/or purchase of (e)Tickets on the Platform and/or (temporarily) disabling or restricting the use of the Platform. Specifically, access to the Platform may be denied or restricted based on the User's commercial history and behavior on the Platform, all at Tickgetr's discretion.

4.7.

Tickgetr is entitled to deactivate the Platform or restrict its use without prior notice, without providing any reason, and without incurring any liability for compensation to the User.

5.1.

Tickgetr assumes responsibility for providing Services and/or the Platform in accordance with these General Ticket Terms and Conditions, adhering to good practice standards in the relevant industry and using at least reasonable efforts. However, Tickgetr does not guarantee uninterrupted availability of the Service and/or the Platform. The User accepts that the Service and the Platform will have only the functionality and features available at the time of use.

5.2.

Tickgetr may temporarily take the Service and/or the Platform, or any part thereof, out of operation for planned or unplanned maintenance, modifications, or improvements. Additionally, Tickgetr may periodically adjust the functionalities of the Service and/or the Platform.

5.3.

The User expressly acknowledges and agrees that the use of the Platform is at the User's own risk. To the extent permitted under Belgian law, the Platform is provided "AS IS," with all defects and without any warranty.

5.4.

The User indemnifies Tickgetr against all damages and claims from third parties arising from or related to any allegation that the User's activities are unlawful or in violation of these General Ticket Conditions and/or the Agreement.

6.1.

When processing the personal data of Users for the purpose of selling (e)Tickets, the Organiser fulfils the role of the processor. Tickgetr processes the personal data in this context in the role of processor and only upon the Organiser's instructions. We recommend consulting the Organiser's privacy statement to obtain more information about this processing.

6.2.

Tickgetr may also process personal data for its own purposes as the data controller, such as analyzing the use of the Platform. More information about the processing of personal data in this context can be found in our privacy policy.

7.1.

Under these General Ticket Terms and Conditions, Tickgetr grants the User a revocable, non-exclusive, non-transferable, limited license to use the Platform.

7.2.

Use of the Platform is strictly personal, and the User may not share the Platform with any third party without the prior written consent of Tickgetr. The User is not allowed to abuse the Platform in any way. The information provided by the User on the Platform must comply with all applicable laws and regulations. The User must not falsely represent affiliations with other individuals. Specifically, the Organizer is prohibited from:

• Threatening or harassing other Users;
• Bypassing any geographic or technical restrictions imposed on the Service or Platform by Tickgetr;
• Removing or altering any proprietary rights, trademarks, or logos on the Services;
• Using the Platform or Services for commercial purposes or other purposes not expressly approved by Tickgetr;
• Impeding or restricting other Users' access to or use of the Platform or Services;
• Intentionally testing the security of the Platform or Services without Tickgetr's express prior written consent.

7.3.

Tickgetr reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Platform or any other service for maintenance, without being liable to the User.

7.4.

All intellectual property rights related to the Platform, including but not limited to source codes, websites, portal data files, trademarks, designs, and copyrights related to the graphical user interface, are held exclusively by Tickgetr. Except as expressly stated in these General Ticket Terms and Conditions, no other rights or licenses regarding intellectual property are granted or implied.

7.5.

Tickgetr has implemented technical measures to protect the Platform. The User is not permitted to remove or circumvent these technical measures or to have them removed or circumvented. If such removal or circumvention occurs, it will result in the immediate suspension of the use of the Platform, in addition to Tickgetr's right to seek full damages.

8.1.

Except in cases of willful misconduct or gross negligence on the part of Tickgetr, Tickgetr shall not be liable to the User for any damage suffered as a result of:

• The use of the Platform
• The performance of the purchase agreement between the User and the Organizer
• Any implied warranty, condition, or other term
• The processing of personal data
• Breach of any obligation of the Organizer as an individual processing controller (whether caused by the negligence of Tickgetr, its employees, agents, or otherwise)
• Misuse of the Platform

8.2.

Tickgetr shall not be liable for indirect damage to the User, including but not limited to loss of profit, loss of goodwill, loss of relationships resulting from any delay, loss of data, missed savings, damage due to business stagnation, or damage caused by the intent or deliberate recklessness of auxiliary persons, regardless of how it is characterized or who suffers the damage.

8.3.

In cases where Tickgetr, despite the provisions of these General Ticket Terms and Conditions, is nonetheless liable to the User for any damage or loss, the total cumulative liability of Tickgetr under these General Ticket Terms and Conditions shall not exceed EUR 500 (five hundred Euros).

9.1.

The Agreement is entered into for an indefinite period. Either party may terminate the Agreement in writing at any time.

9.2.

Tickgetr has the right to terminate the Agreement with immediate effect, without any further notice of default, and without being liable to the User for damages if the User acts in breach of the provisions of the Agreement and/or these General Ticket Terms and Conditions.

9.3.

Each party is entitled to dissolve the Agreement with immediate effect in the event of an attributable failure in the fulfillment of the Agreement by the other party, after providing written notice of default and allowing a reasonable period for the defaulting party to properly fulfill the Agreement.

9.4.

In case the User has already received performance in the execution of the Agreement upon termination of the Agreement, such performance and the related payment obligation shall not be subject to undoing. Amounts that Tickgetr has charged to the User prior to the dissolution shall remain due to Tickgetr in full and shall become immediately due and payable upon termination.

9.5.

In case the User has already received performance in the execution of the Agreement upon termination of the Agreement, such performance and the related payment obligation shall not be subject to undoing. Amounts that Tickgetr has charged to the User prior to the dissolution shall remain due to Tickgetr in full and shall become immediately due and payable upon termination.

10.1.

Only Belgian law applies to these General Ticket Terms and Conditions.

10.2.

All disputes arising from or in connection with the Agreement and/or these General Ticket Terms and Conditions will be submitted exclusively to the competent courts of Brussels.