These General Conditions govern the use of the mediation service offered on the www.ticketbureau.com website by the Ticket Exchange GmbH company located at Alpenstrasse 15, 6300 - Zug, Switzerland by all users of the said page.
Ticket Exchange GmbH by means of this website provides users with a platform for the acquisition of tickets for different events (‘buyers’) from other users that, as the holders of said tickets, transfer the same to the former (‘sellers’). Both concerned parties, i.e. purchasers and sellers, are users of this platform. A mediation contract is generated between Ticket Exchange GmbH and the users, and any relationship between the purchaser and seller is a separate concern. Ticket Exchange GmbH is not the owner or holder of any title or ticket that is offered on the platform. The user and Ticket Exchange GmbH are independent parties, and between them there is NO agency, company, joint venture, labour or franchise relation that is created by virtue of the these conditions, Ticket Exchange GmbH being wholly non-liable for any administrative permits that the purchaser or seller might need in order to undertake their operation, and particularly, in relation to any VAT payments in relation to the sale that may be applicable to the purchaser or seller pursuant to their respective taxation frameworks.
Through acceptance of these conditions, Ticket Exchange GmbH is exempted from all liability regarding the transactions that are not pursuant to legislation concerning the mediation service. The users agree to provide exact and truthful information in their offers, and also declare that they have the capacity and authorisation required to transfer the tickets offered on the website.
In order for Ticket Exchange GmbH to be able to provide the service, the user must fill in all of the fields when making the purchase. This implies acceptance of each and every one of these conditions.
1.1 Responsibility for information
The user is responsible for providing genuine, exact and truthful information when making a purchase. The user declares and certifies that the information provided to Ticket Exchange GmbH does not breach any standards of a national and/or international nature. The user also declares that the information provided does not contain any viruses or programming designed to damage, interfere with, intercept or take possession of any personal details.
In any case, the user is the sole responsible party for all false or imprecise statements made and the damages of any nature that are caused to Ticket Exchange GmbH or third parties due to such information. The user is also the sole party responsible for data provided as resulting from breach of any order.
1.2 Closure or suspension of account.
Ticket Exchange GmbH reserves the right to admission to and exclusion from its platform. Any user may be excluded or suspended from the platform if he/she breaches any of the conditions contained herein. Such closure or suspension may be reported to the e-mail provided by the user on registration at the behest of the platform. In the aforesaid case, before proceeding with closure of the account, the user is duty-bound conclude all operations committed to and outstanding, whether as a seller or as a purchaser. Under all circumstances Ticket Exchange GmbH reserves the right to terminate the registration for the platform of any users at its own convenience, thereby immediately cancelling any unmade sale or purchase offers. Should a purchasing user have already transferred the purchase amount, in a subsequently cancelled operation but that has not been settled with the seller, Ticket Exchange GmbH shall proceed by reimbursing the amounts paid.
2. Sale of tickets.
In order to publish an offer, the seller must full in the form, which consists of the fields concerning details of the tickets and the restrictions and benefits regarding the same
The conditions of the sale offer may be modified until they are purchased by a user via the platform, whereupon they shall be definitively set.
2.1 Price of intermediation services.
The mediation services provided by Ticket Exchange GmbH via this platform shall be charged to the purchaser and shall consist of a commission of the amount that the selling user intends to be paid for his/her tickets. The price of the aforesaid mediation services shall be paid to Ticket Exchange GmbH at the time of purchase. Therefore, the purchaser shall pay at the same time both the price of the tickets and that of the Ticket Exchange GmbH mediation services.
2.2 Price of the offer
In the published offer, the amount requested by the seller of the tickets, the commission as accrued by Ticket Exchange GmbH for its mediation, taxes and any other previously specified expense shall appear together as an added total. The price requested by the seller shall be that party’s sole and exclusive responsibility, without Ticket Exchange GmbH intervening in the setting of the same.
2.3 Gratuity of the publication of offer
The publication of the offer shall be free to the seller, and he/she shall only accrue the commission for mediation, should the tickets effectively be sold.
2.4 Stolen goods
Ticket Exchange GmbH expressly prohibits the sale of stolen products. Ticket Exchange GmbH shall support and collaborate with the authorities to recover the stolen goods and locate the persons responsible for the sale of the same. Ticket Exchange GmbH reserves the right to exclude and suspend any account that is suspicious of or implicated in any search for stolen goods.
2.5 Payment for the transaction to the seller.
The seller shall receive the amount for the sale of his/her tickets within a period of seven days after the event takes place, by means of the payment method indicated in the offer itself, as long as the purchaser has not been prevented access to the event for a cause not attributable to the same.
3. Purchase of tickets
3.1 Acceptance of an offer
The purchasing user, in order to accept any offer published on the platform, must have accepted these conditions and filled in all of the fields requested at the time of purchase. Acceptance of the offer by the purchaser binds him/her to all of the conditions of the same; in the moment of such acceptance, fees for the mediation service provided by Ticket Exchange GmbH shall be generated. Through acceptance of the offer, the purchaser expressly authorises Ticket Exchange GmbH to proceed by charging for the full transaction including the commission and taxes derived from said purchase.
Ticket Exchange GmbH shall not be held responsible for the conditions in which events are held, possible changes of venue, time or bill or possible cancelation of the show. Under no circumstances shall the cost of provided mediation services be reimbursed. Ticket Exchange GmbH shall make every effort to mediate as well as possible in the case of any unexpected incidents.
3.2 Confirmation of purchase
The purchaser shall receive an e-mail sent to the address supplied on registration, which shall confirm purchase of the tickets. This communication shall serve as proof that the transaction has been agreed by the seller and purchaser.
3.3 Sending of tickets
The physical tickets shall be delivered to an address in the city where the event is to be held as indicated by the purchaser at the moment of purchase. Should this address be that of a hotel, delivery shall be made to the purchaser if he/she is in his/her room or otherwise the tickets shall be left in the reception of that hotel in the name of the purchaser along with a delivery note stamped and signed by the party responsible. In such a case, we advise purchasers to advise the hotel management that they are expecting a delivery. When the purchasing user has no address or hotel in the place where the event is to be held Ticket Exchange GmbH shall find an alternative manner to arrange a place for delivery of the tickets. The seller is responsible for delivery of the tickets and the purchaser for supplying the Customer Services agents with valid personal telephone or email details.
In the case of electronic tickets, the seller shall, within a maximum period of three days prior to the event, send the tickets to Ticket Exchange GmbH and the latter shall, within a period of one day prior to the event, e-mail the acquired tickets to the address supplied by the purchasing user at the time of purchase.
By accepting these conditions, the purchasing user is expressly agreeing to Ticket Exchange GmbH transferring his/her data of a persona nature (name and surnames, address, e-mail and telephone) to third parties for the purposes of providing the mediation services as offered by the website, if necessary.
3.4 Problems with delivered tickets
Should the selling user deliver different tickets to those purchased, or simply not deliver them, the purchasing user shall have a period of seven days to contact Ticket Exchange GmbH in order to be reimbursed the amounts that he/she has paid for that purchase.
Tickets shall be considered improper when any of the following circumstances arises, though not restricted to the same:
Seats in different rows
Seats in a different sector
Seats of a different category
Non-adjacent seats or not correlative in the same row
Any ticket with one or more specific conditions that were not declared in the offer, such as seats with reduced visibility, reduced rate, for wheelchair or disabled users, alcohol-free zones, etc.
In the unusual event of a purchaser suffering from any incident while on the event premises, the purchaser shall have a period of three days to contact the platform describing the cause of refused entrance and attaching all possible documentation to accredit said incident. Once it has received this email, Ticket Exchange GmbH shall investigate this situation at its own accord and shall report the response to the claim and the outcome of the incident.
All sales and purchases made via the platform are final and users have no right to waiver in the provision of services once they have commenced. The seller may not refrain from sending the tickets once the purchaser has paid the purchase price on the platform. Therefore the purchaser may not withdraw the order at any moment of the procedure once payment has been made for the order on the platform, neither prior to receiving the purchased tickets nor may it withdraw from the order after said tickets have been received.
By accepting these conditions, the user recognises that he/she is aware that once the contract has been fully accepted by Ticket Exchange GmbH that he/she will have relinquished every right to waiver.
By accepting these conditions, the user accepts that Ticket Exchange GmbH is not liable in any way for inexactness and compulsion regarding the payment of taxes to any entity in his/her name.
The user agrees to indemnify Ticket Exchange GmbH, and exempt any member of its staff, for any disruption or damage that might be occasioned as a result of claims by Public Administration or any third party as a consequence of the breach of any regulation of a national and/or international nature.
The platform shall always communicate with its users, whether they are purchasers or sellers, via the e-mail addresses supplied on registration, and also by telephone if necessary.
6. Applicable legislation and jurisdiction
The provision of this website’s services and these Conditions for Use are governed in each and every one of their aspects by common Spanish and commercial law, as applicable. The parties shall submit any controversies concerning compliance with and interpretation of these Conditions to the competent Courts and Tribunals pursuant to article 90.2 of Spanish Royal Legislative Decree 1/2007 of 16 November which passes the revised text of the Spanish General Law on Consumer and User Protection and other complementary laws. Notwithstanding the aforesaid, the parties shall make every reasonable effort required to settle conflicts in an amicable manner.