GENERAL
What follows are the agreements that apply to the use of the website www.ticketswap.com (and all of its subdomains for other countries). As you will read below, there 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 Netherlands B.V., registered with the Dutch Chamber of Commerce under number 66696267 (event location: Netherlands),
- TicketSwap International B.V., registered with the Dutch Chamber of Commerce under number 66696348 (event location: all countries not listed here),
- TicketSwap Brasil Servi BRASIL Serviços de Ingressos Eireli, registered with the Brazilian Chamber of Commerce under number 35.523.781 (event location: Brazil).
That agreement is called the "Ticket Agreement".
For the Platform Agreement and the Ticket Agreement, Dutch law exclusively 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 and Safety Policy forms part of the Platform Agreement and the Ticket Agreement. You can find the Trust and Safety Policy here. Among other things, the Trust and 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 and 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, 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” do not apply to TicketSwap. TicketSwap reserves the right to alter this Platform Agreement. You are required to consent to any changes to the Platform Agreement when using the Platform.
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, and days out) (the "Platform Service").
Registration: You can use the Platform Service by registering with an email, a Facebook account, Google-account or an Apple login. You may only buy and sell tickets if you provide all of the personal data we request.
Privacy: TicketSwap processes your data under the General Data Protection Regulation ("GDPR"). TicketSwap processes the personal information provided by you to allow the use of the Platformservice and to communicate with you in this respect. For more information: see the Privacy 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.
The order in which events and tickets are displayed: the order in which events and tickets for sale on our Platform are displayed depends on the following parameters:
Events
- Your IP address. The events in our explore feed ("Explore events") are displayed based on your location.
- Users can select a location at various places in the App or on the Website, following which events in that location will be displayed. This location preference is not directly linked to your account.
- If you do not select a location, but you do consent to TicketSwap using your GPS data, you will see events taking place in the vicinity of that location. If you do not consent to TicketSwap using your GPS data, your approximate location will be determined based on the IP address we have for you.
- Your search term. While exploring events as a platform user, you can specify different variables to decide which events will be shown in your search results.
- If you follow an artist, the events of this artist will be shown at the top of your search results. You can change which artists you follow in your account.
- Ticket availability. If no more tickets are available for an event, we will no longer show that event in the Explore feed.
- Event or artist promotions. If an event is being promoted in partnership with the organizer or artist and TicketSwap is receiving payment for this, a "Partnership" label will be shown to make this clear to you as a user.
- Ticket price. The Explore feed has a section that shows tickets for events that are being offered at low prices.
- Event date. The Explore feed has a section that shows tickets for events happening soon.
Tickets
- Search results for tickets on sale for specific events are ranked in order from the lowest to the 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 labeled 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 the Buyer or Seller as a result of the 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 properly functioning Platform, she 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) concerning the Platformservice or the Platform.
Payment service: Payment processing services for ticket sales concluded on TicketSwap are provided by Stripe and are subject to the Stripe Connected Account agreement, which includes the Stripe 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. For Stripe to be able to effectively provide its payment processing services, you agree to provide TicketSwap with 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 place great importance on the provision of a secure and reliable Platform. Our Trust and Safety Policy explains exactly how we go about this. Acting in breach of our Trust and Safety Policy may result in measures being taken against you, including suspension or blocking. Among other things, the Trust and 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 and 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 that 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 concerning 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 to business-to-consumer relations and 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 minds and exercise their right to withdraw.
Selling e-tickets
Uploading [upload] e-tickets: As a 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. The 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, the Seller is obliged to sell the e-ticket to the Buyer. After the Buyer buys the ticket a final agreement with the respective Buyer is concluded.
The Seller must at all times be aware of any limitations (e.g. non-transferability due to personalization of e-tickets) about the transferability of e-tickets and must specify these limitations in the listing. When a ticket with an undisclosed limitation is bought by a Buyer, the Seller is required to refund the 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 the Seller. In addition, the 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. The 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 he offers on the Platform (the "Sales Price") taking into consideration that prices are capped above 20% of the face value (including service fees) of the e-ticket. In some countries, (maximum price) restrictions apply to online offering or reselling e-tickets. Seller must comply with the applicable local legislation (for information on resale in Belgium, please 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.
If an e-ticket is sold for more than 120% of the face value (including service fees), 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) to TicketSwap Local in line with the Repayment Terms.
FairShare: The organizer can enable FairShare for the 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 and VAT) will be shared between the 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 charges VAT on the Service Fee transaction costs for the Buyer and on the service costs for the Seller.
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. The Seller must verify whether the e-ticket is indicated as sold on the Platform. The Seller is obliged to destroy all duplicates of the sold e-ticket. The 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 the 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 canceled event, the Payment to Seller may be suspended until more clarity about the situation exists. If, according to TicketSwap Local, there is a reason to do so, TicketSwap may instruct Stripe to cancel the Payment.
Know Your Customer (KYC) law compliance: TicketSwap Local is bound by privacy 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 need to be original copies of your identification document and cannot be altered (e.g. watermarked). The identification documents are deleted by these companies after verification.
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.
Cancellation sale: TicketSwap Local has an interest in the proper execution of the purchase agreement between the 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 the 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 service fees for the purchase of an e-ticket amount to 5% of the Sales Price (including VAT). In addition, the Buyer pays 3% for the transaction costs (including VAT). 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 My Purchases 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 in the Buyer’s name. Through this way, the Buyer is assured that the purchased e-ticket is valid for use. A SecureSwap e-ticket can be recognized by the SecureSwap logo. Go here 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 for taking notice of these terms, conditions, or rules.
Changes of the event: The Buyer is responsible for being aware of any particulars surrounding the event. This could be for example having to verify whether the experience will be postponed, canceled, or changed in any other way (hereafter jointly referred to as "Changed" or "Change").
The Seller is responsible for being aware of any particulars surrounding the event for which he offers an e-ticket on the Platform. Whenever an event is canceled, the Seller should remove the e-ticket from the Platform within 48 hours after official communication from the organizer. If the e-ticket is sold to the Buyer, the Seller is required to refund the 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 in events.
When an event is canceled, 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 the Buyer, as the Buyer became the owner by acquiring the e-ticket through the Platform.**
The Compensation from the organizer may differ from the amount the 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. The Seller is only liable for refunding the face value price set by the organizer.
When paying out the Compensation to the Buyer for a canceled 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 the Buyer (possibly through the Platform) directly about cancellations and Compensation. The compensation for a canceled event usually comprises the face value paid by the Seller of the e-ticket (excluding service fees from the ticket provider). This amount may differ from the amount the 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 canceled event and subsequently transfer this to the Buyer in line with the Repayment Terms. This amount is maximized by the amount the Seller has received for selling the e-ticket on the Platform to the Buyer. Any amount transferred to the Buyer by the 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 the 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 Compensation to Buyer. If the Buyer no longer wants to make use of the ticket, the Buyer can decide to sell their 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. The 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 the Seller and Buyer together in a moderated chat discussion 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 the Seller should repay the invalid tickets to the Buyer. Buyer and Seller are obliged to cooperate with the decision of TicketSwap Local.
If the Seller refuses to cooperate, TicketSwap Local reserves the right to file a report on the Seller, share the Seller's personal information with the Buyer to file a police report and block his account or permanently deny access to his account (for more details, see our Trust and 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 and Safety policy.
Repayment Terms: In the event the Seller needs to repay the Buyer, the Seller is required to do this in line with the Repayment Terms. Repayment of the Seller to the 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), or cancellation of the event. In the case the 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 the Seller.
TicketSwap Local facilitates the repayment to the best of her ability, meaning that it will mediate between the Buyer and Seller for repayment. Repayment to the Buyer should always be done using the methods proposed by TicketSwap Local (settlements between Buyer and Seller are at their own risk). Any amount transferred to the 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 the Seller needs to repay the Buyer for a canceled event, the Seller is required to transfer the amount within 14 days after receiving the Compensation from the organizer. The Buyer can’t extend any rights from this. In all other cases, the Seller is required to repay the Buyer within 14 days after the refund is issued to the 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, she cannot always guarantee the accuracy of the Platformservice and the content of the Platform. She 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 or 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 giving rise to any right on compensation towards TicketSwap Local.
Misuse: We attach great importance to the provision of a secure and reliable Platform. Our Trust and Safety Policy explains exactly how we go about this. Acting in breach of our Trust and Safety Policy may result in measures being taken against you, including suspension or blocking. Among other things, the Trust and 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 and Safety Policy here.
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.
Last updated: 30 April 2024