General Terms and Conditions of GUTS Netherlands B.V.
In these general terms and conditions, the following definitions are used:
- General Terms and Conditions: these general terms and conditions of GUTS Netherlands B.V.
- GUTS: the private company with limited liability GUTS Netherlands B.V., having its registered office in Amsterdam and with place of business at Piet Heinkade 181-H.
- Client: the contractual party which acts in the exercise of a profession or business in the capacity of user of the services or goods provided by or on behalf of GUTS and which is responsible for the organisation and/or production of the Event.
- Application: the (online) system developed by GUTS for the purchase, intermediation, handling, processing and settlement of tickets (including possible updates and the smartphone application for this system).
- Agreement: the relevant Agreement between the Client and User for providing services for payment in connection with an Event, where GUTS acts as an intermediary.
- Location: the place where the Event is held.
- Event: the public or closed happening where – by way of example, but not exclusively – a performance of an artistic and/or sporting nature is presented, including – but not limited to – a musical, theatre or music performance, a concert, show or a sports event.
- Ticket: the proof of a right of access to an event organised by or on behalf of the Client which the Client sells to the User via the Application.
- User: the natural and/or legal person which purchases a ticket from the Client or another User by making use of the Application for an event organised by or on behalf of the Client.
2. Applicability of the General Terms and Conditions
2.1 These General Terms and Conditions apply to every offer, every agreement and all services between GUTS, Users and the Client, insofar as the parties do not explicitly deviate from these General Terms and Conditions in writing.
2.2 GUTS expressly rejects the applicability of other terms and conditions of the User and/or the Client.
2.3 The general terms and conditions of the Client also apply to the Agreement, as well as the general terms and conditions of the holders of the Locations. In the event of inconsistency between the provisions of these General Terms and Conditions and the above-mentioned conditions, the provisions of these General Terms and Conditions shall prevail. In the event of inconsistency between the general terms and conditions of the Client and those of the holders of the Locations, the general terms and conditions of the Client shall prevail. A copy of the general terms and conditions of the Client or the holders of Locations is available from the Client or the relevant holder of the Location.
2.4 GUTS is entitled to change the General Terms and Conditions and to declare the General Terms and Conditions applicable to Agreements. The amended General Terms and Conditions can be consulted on the GUTS website.
2.5 In the event that one or more of the conditions in these general terms and conditions is or becomes null and void, then the remaining conditions shall remain applicable undiminished.
3. Formation of the Agreement
3.1 GUTS acts as an intermediary in the conclusion of the Agreement between the User(s) and the Client as regards offers and sales of (reservations for) Tickets. GUTS is not a party to the Agreement that is concluded by the purchase of a Ticket. The Agreement is concluded after the User has bought one or more Tickets via the GUTS Application. GUTS provides the Tickets on behalf of the Client or other User.
3.2 The User must, before they confirm their reservation, always carefully check that the correct Tickets have been reserved. Therefore, the User must always use a correct e-mail address when making a reservation. In case of doubt about the accuracy of the details that the User has entered with the order, GUTS may contact the User making use of the details that the User has entered. If GUTS is unable to reach the User and therefore cannot check the details, GUTS may cancel the reservation and sell the Tickets to another User. If GUTS has doubts about the accuracy or validity of the details entered by the User with the order or the means of payment used by the User, then it has the right to cancel the User's reservation and to sell the Tickets to another User. GUTS will use its best efforts to inform the User in such a situation.
3.3 Every Agreement is concluded subject to the suspensive condition that there are sufficient products or services available.
3.4 The User cannot invoke a right of withdrawal. The right of withdrawal does not apply on the basis of Article 16(i) Chapter 3 of Directive 2011/83/EU on consumer rights. Tickets cannot be returned. The provisions of Article 6:230p (e) apply to the Tickets.
4.1 GUTS offers the Client the possibility of making use of the Application for the sale of Tickets to Users for Events to be organised by the Client.
4.2 GUTS grants the Client access to the use of the Application to the extent that this is necessary for the performance of the obligations included in the Agreement.
4.3 The Application is – also with a view to maximising the Tickets to be sold – managed, maintained and if need be repaired according to the principles of good workmanship by and for the account of GUTS.
5. Rates and payment
5.1 GUTS sells Tickets on behalf of Clients who decide the price and number of available Tickets. Information regarding the price and availability are provided without obligation and subject to all reservations.
5.2 GUTS will make an offer to the Client regarding the rates that will be applied.
5.3 If the User does not pay the amounts owed on time, the User owes, without any warning or notice of default being necessary, the outstanding amount of statutory interest, if the User fails to comply with the claim following a warning or notice of default.
5.4 If the Application negotiates the transfer of ownership of a Ticket between Users, a Servicefee is charged.
6. Delivery times
6.1 Tickets are delivered to the account that is linked to the mobile telephone number that the User has provided. GUTS will continue to deem the telephone number and e-mail address provided by the User as being correct until the User has notified GUTS of a new telephone number.
6.2 If any delivery time is exceeded this shall not give the User the right to compensation nor will the User gain the right to cancel the order or the Agreement, unless the delivery time is exceeded to such an extent that the User cannot reasonably be asked to allow the Agreement to stand.
7. Events cancelled or moved
7.1 The User is entirely responsible for checking whether an Event has been cancelled or postponed and the new time or location. GUTS will use its best efforts to inform the User in good time regarding any postponement/cancellation of an Event. GUTS is not responsible for any expenses incurred due to cancelled or moved Events.
7.2 Tickets for postponed Events generally remain valid for the replacement Event, however the Client is in this regard ultimately responsible for this and the User cannot claim a replacement Ticket from GUTS.
7.3 If an Event is cancelled or postponed, then the User can return the Tickets for this Event in accordance with the scheme as decided by the Client. As regards the relevant conditions we refer you to the general terms and conditions of the organiser of the event. If the Client asks GUTS to refund the ticket price to the User, then GUTS shall do so after it has received the money in question from the Client. Service and administration costs will not be refunded.
8.1 The Tickets distributed by GUTS remain the property of the Client. It is expressly prohibited for the User to offer a Ticket in a different manner other than via the Application to third parties. If a Ticket is offered via other channels, then GUTS reserves the right to render the Ticket invalid and to claim an immediately due and payable penalty of € 5,000.00 per case from the User.
8.2 GUTS reserves the right at all times to refuse orders from Users.
9. Intellectual Property Rights
9.1 All intellectual property rights relating to the name, the Application and the image mark of GUTS remain with GUTS International B.V.
9.2 The User shall refrain from actions that could harm rights or other interests in this regard of GUTS or of its licensor.
9.3 The Agreement does not constitute the transfer of any intellectual property right from GUTS to the User or the Client.
10. Privacy and personal data
10.1 GUTS complies with all of its obligations as the processor in the context of the General Data Protection Regulation (GDPR). The collected data of Users shall only be processed and used for purposes for which the User has granted advance express consent.
10.2 The User is deemed to have read the privacy statement from GUTS which can be consulted on the GUTS website and the User is also deemed to agree to the processing described there of the personal data it has provided.
11.1 GUTS cannot be deemed to be the organiser of the Event and is not responsible for, and does not provide any guarantee for, the artistic quality and content of the Event and the course of events in or around the Event, and does not accept any liability whatsoever on the basis of this fact.
11.2 With the exception of the other liability provisions in these General Terms and Conditions, the total liability of GUTS because of imputable failure to perform or an unlawful act is limited to compensating the direct loss up to the amount that the User has been or could be charged for the Tickets, unless the loss is due to intent or gross negligence on the part of GUTS or its agents.
11.3 GUTS' liability in respect of imputable failure to perform an agreement shall not in any case arise unless the User forthwith and properly declares GUTS in default in writing, stating a reasonable period in which to remedy the failure, and GUTS continues, and can be blamed for continuing to fail in the fulfilment of its obligations even after such period. The notice of default must give as complete and detailed a description as possible of the failure, so that GUTS is in a position to respond adequately.
11.4 GUTS cannot be held liable in any way whatsoever for any loss that the holder of this proof of access experiences due to the acts or omissions of third parties.
12. Force majeure
12.1 Force majeure means any shortcoming that cannot be attributed to GUTS because it cannot be blamed and is not accountable pursuant to law, juristic acts or common opinion.
12.2 Notwithstanding its other rights, in cases of force majeure GUTS shall be entitled, as it sees fit, to defer the execution of the User's order, by notifying the User of this in writing to that effect and without GUTS being obliged to pay compensation, unless this would be unacceptable in the given circumstances according to criteria of reasonableness and fairness.
12.3 In the following cases the parties agree that there is a question of force majeure in any event as referred to in Article 12.1 of these General Terms and Conditions:
- if the services are not delivered or delayed – other than as a result of intent or deliberate recklessness on the part of GUTS – due to the destruction in any manner whatsoever of servers, back-ups and other equipment used by GUTS and also malfunctions in telephone and internet traffic;
- if the services are not delivered or delayed on GUTS' side due to sabotage – whether terrorist or not – by third parties, including actions by so-called 'hackers' or 'crackers'.
13.1 The Client will indemnify GUTS against claims by third parties on account of damage caused because the Client provided incorrect or incomplete information.
13.2 The Client will indemnify GUTS on first request if a claim is made against GUTS in any sense whatsoever by or on behalf of a User in relation to the content and/or in case of improper performance of the agreement(s) the Client and the User have concluded with each other, for example in the event of cancellations, and also related communication by the Client to the User, or any other potential form of failure and/or unlawful act on the part of the Client towards the User.
14. Applicable law and choice of jurisdiction
14.1 All Agreements with GUTS are governed by Dutch law.
14.2 Any disputes which may arise as a result of this Agreement or any further agreement arising or connected therewith, shall be exclusively judged in the first instance by the competent court in Amsterdam.
GUTS Netherlands B.V.
Piet Heinkade 181H Amsterdam
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14.1 All Agreements with GUTS are governed by Dutch law.