GENERAL TERMS OF SALE
These General Terms and Conditions (GTC) apply to all services provided by the Ticketack service of Net Oxygen Sàrl (hereinafter referred to as “Ticketack”) in partnership with the organiser Neuchâtel International Fantastic Film Festival 2020 (hereinafter referred to as “organiser”). By using Ticketack’s services, you accept the following terms and conditions without any modification and in their entirety.
Le client reconnait que ces conditions ont été traduites du français. En cas de divergence entre cette traduction et le texte original en français, seule la version française fait foi.
1.1 Ticketack operates a ticket marketing organisation. Ticket buyers (hereinafter referred to as “ticket buyers”) may purchase tickets for events and lift services (hereinafter jointly referred to as “events”) through different sales channels (section 1.2). Ticketack allows the direct conclusion of contracts between the organisers, or the ski lifts (generally referred to below as “organisers”) and the ticket buyer.
1.2 The purpose of these GTC is the use of services, which Ticketack provides to ticket buyers via the following sales channels: The organiser’s websites, partner websites made available by Ticketack as well as mobile applications made available by Ticketack for the organiser, call centres operated by and for Ticketack and points of sale operated by third parties (hereinafter referred to as “sales channels”). These GTC are accepted by using the corresponding services. If the ticket buyer uses different Ticketack services, he/she can be urged to renew his/her acceptance of the T&Cs by clicking on the corresponding confirmation field.
1.3 The use of personal data is governed by the data protection declaration. The data protection declaration forms an integral part of these mandatory GTC.
II. Services provided
2.1 For all services, the conditions of Ticketack and the organiser, available in the Internet shop and other sales channels, apply. Ticketack and the organiser may at any time change the scope of services or suspend the performance of services.
2.2 Through the sales channels, Ticketack allows the conclusion of contracts between the ticket buyer and the organiser. Ticketack works here as an agent of the respective organiser and is therefore not the contractual partner of the ticket buyer. The contract for the purchase of a ticket is concluded exclusively between the ticket buyer and the organiser, on the basis of these GTC and the organiser’s conditions.
2.3 In the event of use of services and products from Ticketack’s partner companies or the organiser, the ticket buyer accepts the applicable general terms and conditions of sale and/or the conditions of use of the said partner companies.
III. Conclusion of the contract
3.1 Ordering from the ticket buyer
3.1.1 The overview of accessible tickets, provided in the sales channels, is only valid as an invitation to the ticket buyer to submit a bid. The buyer of the tickets makes his choice through the sales channels. The choice made is displayed in the shopping cart (Internet shop, mobile application) or is communicated to the ticket buyer (telephone order and point of sale). By confirming the order, the ticket buyer confirms his mandatory offer for the purchase of the selected tickets. The ticket buyer is required to provide the necessary information in a complete and correct manner during the ordering process.
3.1.2 Only the ticket buyer is responsible for ordering tickets in good time before the date of the event in the Internet shop or mobile application (hereinafter referred to as “online ordering”) or in the call centre (hereinafter referred to as “telephone ordering”).
IV. Shipping of tickets
4.1.1 The delivery or dispatch of the ticket is carried out, depending on the possibilities offered by the organiser and the choice of the ticket buyer when ordering, in the form of a printed ticket sent to the postal address indicated by the ticket buyer, by e-mail or SMS with a download link to the PDF file of the print@home ticket, by import into the mobile application or in paper form by return to the point of sale.
4.1.2 The ticket buyer is required to check the tickets immediately after receipt. The ticket buyer must notify Ticketack of any damage to the tickets or discrepancies between the tickets sent by post or electronically and the tickets ordered within 3 working days. If the ticket buyer omits this notification, the tickets delivered are valid as authorised (Art. 201 OR).
4.1.3 The benefit and risk pass to the buyer of the ticket at the time of shipment (Art. 74 para. 2 para. 2 para. 2 CO). It is the responsibility of the ticket buyer to keep the tickets secure until the event. The replacement of damaged or lost tickets is excluded subject to Sections 4.2.3, 4.3.3 and 11.3.
4.2 Electronic shipping for print@home tickets
4.2.2 The printed print@home ticket must be kept carefully until the event and must not show any damage, dirt or other negative influence in the machine-readable code area that could prevent or harm access control. If the print@home ticket shows such damage, dirt or other negative influences, the ticket buyer cannot claim a right of access to the event and/or reimbursement of the price paid by the ticket buyer.
4.2.3 Any reproduction, copying, modification or imitation of the print@home ticket and any electronic distribution to third parties (except transmissible tickets) of the corresponding PDF file is expressly prohibited. However, in the event of loss of or damage to the print@home ticket, the buyer may reprint the print@home ticket again, knowing that he is aware that he may be refused access to the event in the cases mentioned in point 4.2.4. The damaged print@home ticket must be destroyed immediately. If the ticket buyer has already deleted the PDF file at the time of loss or damage, he can contact the organiser.
4.2.4 The organiser may refuse access to an event if several printed tickets, reproductions, copies or imitations of a print@home ticket are in circulation and the owner of a printed ticket, a copy or imitation of the respective print@home ticket has already had access to the event. In particular, the organiser is not required to check whether the identity of the ticket holder corresponds to that of the ticket buyer or to check the authenticity of the print@home ticket. If the owner of a print@home ticket is refused access for this reason during access control, he is not entitled to a refund of the price paid.
4.3 Use of a mobile ticket
4.3.1 The ticket buyer acknowledges that it is his own responsibility to have at his own risk all the technical equipment necessary for the receipt and presentation of the mobile ticket. The respective link or image must not be deleted. Any reproduction, copying, modification or imitation of the mobile ticket and any electronic distribution to third parties of the mobile ticket is expressly prohibited. In the event of loss of access to the ticket or damage to the mobile phone, the buyer must contact the organiser or use the Print@Home or paper copy available to him if necessary.
V. No resale of tickets
Any trade in tickets purchased for industrial or commercial purposes is prohibited. Violations of this rule may result in the loss of the benefit related to the ticket purchased and claims for damages, as well as claims for restitution of profits against the original purchaser of the ticket and the persons who purchased the ticket. Persons who violate these provisions may be excluded from the purchase of tickets.
VI. Advertising and draws
Without the express prior authorisation of the organiser, the purchaser of tickets shall not be entitled to use the tickets or subscriptions in his advertising to the public and/or for his draws.
7.1 The prices for tickets, accessible or displayed in the sales channels, are inclusive of VAT. (where applicable)
7.2 The selling price indicated in the Internet shop includes the price of the organiser’s ticket plus a service charge, excluding any payment and shipping costs. The selling price of the points of sale includes the price of the organiser’s ticket, excluding POS order costs. The processing fees, in force for the respective sales channel, depending on the respective shipping method and/or payment method, are displayed in the shopping cart during the ordering process or are communicated to the ticket buyer.
8.1 Purchase in points of sale
When purchasing the ticket at the points of sale, the respective Ticketack partner company, as the operator of the point of sale, determines the authorised payment methods.
8.2 Telephone or online ordering
In the case of telephone orders and online orders, payment is made either by debiting the credit or debit card indicated during the ordering process or by the electronic payment method chosen by the buyer. Ticketack is free to choose the authorised payment methods and if/when tickets, which have not been paid within the specified time limit, are put back on sale.
IX. Return of tickets, refund and exchange
9.1 General information The contractual partner responsible for the ticket buyer for the execution of the event transmitted by Ticketack, or for the execution of the service related to the ticket, is the respective organiser. It is therefore the organiser alone, and under no circumstances Ticketack, who decides on the possibility, conditions and processing of a return and refund or exchange of tickets purchased for an event.
9.2 Special features in the event of a change in the date of an event or a change in the location of an event: If an organiser decides to change the date of an event or to change the location of an event, the ticket remains valid, regardless of the reasons for changing the date or location of the event. It is up to the organiser to decide whether tickets can be returned, refunded or exchanged.
X. Obligations of the ticket buyer during the visit of the event
10.1. By purchasing the ticket or using the organiser’s services, the ticket buyer accepts, in addition to these GTC, the organiser’s general terms and conditions of sale, conditions of use or contractual conditions.
10.2 By purchasing tickets, the ticket buyer acknowledges the safety, access, age and other requirements for the performance of the respective organiser and acknowledges that he may be excluded from the event without compensation in the event of non-compliance with these requirements. The applicable regulations are available from the respective organizer.
11.1 For certain selected events, ticket buyers have the option of waiving the sending of tickets when ordering and, instead, having the access authorisation(s) unlocked on their subscription (Section 4.4). Only Subscriptions determined by Ticketack and displayed in the respective Internet shop are authorised for use as ticket holders.
11.2 Subscriptions are issued by Ticketack or partner companies. The organiser fixes the price of the subscription. The contract for the purchase of the subscription is only concluded after the express acceptance of the ticket buyer’s order by Ticketack. The benefit and risk pass to the buyer of the ticket at the time of issue of the subscription (Art. 74 para. 2 para. 2 para. 2 CO). When ordering a subscription from a Ticketack partner company, the partner company’s general terms and conditions of sale also apply.
11.3 After the expiry of a subscription issued by Ticketack or a partner company, the unlocking of access authorisations is no longer possible. However, the access authorisation for events already booked remains in force. The subscription owner is required to use the card carefully, exclusively for his personal use and in accordance with the provisions of these GTCs and, for subscriptions issued by partner companies, to use them in accordance with the partner company’s conditions. In the event of loss of Subscriptions, on which tickets for future events are still reserved, the member must request replacement from Ticketack. Ticketack expressly reserves the right to replace it.
12.1 Ticketack provides its services within the framework of its entrepreneurial resources and foreseeable requirements in a careful and professional manner, insofar as Ticketack is not unable to provide the services for reasons for which it is not responsible.
12.2 The ticket buyer knows that Ticketack provides its services via the Internet or by using communication networks. There may be temporary disruptions or interruptions in the performance of Ticketack’s services, in particular due to technical malfunctions, malfunctions and disruptions or interruptions in communication networks and due to a breakdown in IT infrastructure, call centre lines or other parts of the infrastructure necessary to perform the service. Ticketack therefore does not guarantee permanent availability and the absence of errors for its services.
13.1 In the event of breaches of its own contractual obligations resulting from these GTC, Ticketack is unlimitedly liable to the ticket buyer for direct and proven damage caused by Ticketack by illegal intent or gross negligence.
13.2 Any liability is expressly excluded for indirect or consequential damages. Consequential damages are in particular loss of profit, damage to reputation and loss of data due to prior disruptions or interruptions in the availability of Ticketack services and due to failure of marketing channels, transmission errors, late delivery of tickets, incorrect pricing information or services and errors in order confirmations. Ticketack is not liable for the content of websites of organizers and other third parties, which refer to Ticketack Internet shops or to which Ticketack Internet shops refer.
13.3 The risks of fraudulent use or loss of a ticket or subscription (point 11) are borne exclusively by the owner of the subscription. In the event of loss or withdrawal of a subscription, Ticketack assumes no responsibility for unlocked access authorisations on the subscription. In the event of technical malfunctions and breakdowns, which exclude the reservation or use of the subscription, the holder is not entitled to any damages.
13.4 Ticketack cannot control the exhaustiveness, accuracy and lawfulness of the organiser’s tickets and services, marketed by Ticketack on behalf of and by order of the organiser.
13.5 Nor can Ticketack check whether the organiser correctly and completely fulfils its service obligations connected with or resulting from the contract concluded between the latter and the respective ticket buyer. Only the organiser, resp. the ticket buyer, and in no case Ticketack, are liable for contractual violations, in particular poor organisation or execution of the event, cancellation of events, contrary to the contract, insufficient quality of services and violation of the ticket buyer’s obligations during the visit of the event. This exclusion of liability also applies to quasi-contractual and extra-contractual rights between the ticket buyer and the organiser resulting from the processing of the contract, in particular from the execution of the event or the use of the organiser’s services.
13.6 These exclusions and limitations of liability of Ticketack do not apply to a culpable and direct violation of life, body and health caused by Ticketack and in the event of mandatory legal regulations, including regulations related to the Product Liability Act.
XIV. Liability of the ticket buyer
14.1 The ticket buyer is unlimitedly liable to Ticketack for direct and proven damage caused by intent contrary to the contract or gross negligence. The liability of the ticket buyer is excluded for gross negligence.
14.2 The ticket buyer is obliged to reimburse Ticketack for any costs incurred as a result of improper use or fraudulent use of the ticket buyer’s password and/or as a result of careless, improper or fraudulent use of the subscription (point 11). In addition, the purchaser of print@home or mobile tickets is obliged to reimburse the organiser or Ticketack for any damage resulting from the unauthorised use of additional or modified printed tickets, reproductions, copies or imitations.
XV. Intellectual Property
The Internet shops and all content accessible in Ticketack’s Internet shops (hereinafter referred to as “content”) are protected by copyright and are the exclusive and exhaustive property of Ticketack, unless otherwise agreed. Internet shops may contain warnings relating to the protection and operating rights of third parties, which must be taken into account by the ticket buyer. The reproduction (in whole or in part), distribution, transmission (electronically or by other means), modification, linking or use of the contents for public or commercial purposes is prohibited without Ticketack’s prior written consent.
XVI. Final provisions
16.1 The place of performance for Ticketack’s services, including the sending of tickets, is Ticketack’s headquarters.
16.2 The ticket buyer waives the right to deduct receivables from Ticketack.
16.3 Ticketack reserves the right to modify these GTC at any time. Changes are communicated on the Ticketack website and come into force when they are put online.
16.4 If any provision or provisions of these GTC should be or become null and void or not applicable, in whole or in part, this shall not affect the validity of the remaining provisions of these GTC or the purchase of the Notes. In this case, the parties shall replace the null and void or inapplicable provision by a valid and applicable provision, which shall serve as far as possible the economic objective pursued by the provision to be replaced. This also applies in the event that these GTCs contain a regulatory gap.
16.5 These GTC and any disputes arising out of or in connection with the relationship between Ticketack and the ticket buyer shall be governed solely by Swiss law, excluding the conflict of laws provisions and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
16.6 The exclusive place of jurisdiction for all disputes between Ticketack and the ticket buyer is Ticketack’s registered office. But Ticketack is entitled to bring a complaint against the ticket buyer at his home.