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General Terms and Conditions

General Terms and Conditions - Sport Stadion b.v.

1 Definitions

In these General Terms and Conditions, the terms given below have the following definitions:

a: General Terms and Conditions: these general terms and conditions of Sport Stadion;

b: Event: the organised event, such as an event of a musical, cultural, sporting and/or recreational 
nature for which Sport Stadion sells Tickets;

c: Event Holder: the natural person who or legal entity that produces or organises an Event and is 
responsible for it;

d: Customer: the natural person with whom or legal entity with which Sport Stadion enters into a contract concerning an Event or to whom or which Sport Stadion makes an offer for the purpose of doing so;

e: Contract: the contract between Sport Stadion and the Customer for the acquisition of Tickets for Events;

f: Ticket: the document that serves as an admission ticket for an Event, including an electronic Ticket;

g: Sport Stadion: the private limited company with its registered office in Groningen, Chamber of Commerce no. 01179195;

h: Upsell: the sale of additional products or services by Sport Stadion in its own name or on behalf of third parties;

i: Cancellation Charges: the total invoiced amount of the Contract.

2 Applicability of the General Terms and Conditions

a: These General Terms and Conditions apply to all offers, orders, legal relationships and contracts pursuant to which Sport Stadion provides products or services of any nature or size whatsoever to the Customer, also if these products or services are not described or not further described in these General Terms and Conditions. It is therefore of utmost importance that the Customer reads these General Terms and Conditions at the moment of purchase of Tickets and saves or prints a copy of these General Terms and Conditions, so that the Customer is familiar with the General Terms and Conditions applicable to the Contract. These General Terms and Conditions are available from www.sportstadion.nl/voorwaarden . It is also possible to request a copy of these General Terms and Conditions by sending an email to: info@sportstadion.nl.

b: Sport Stadion expressly rejects other conditions of the Customer. The Customer accepts these General Terms and Conditions of Sport Stadium as part of the formation of a Contract between Sports Stadium and the Customer.

c: The parties may only agree changes in relation to the General Terms and Conditions in writing.

d: Sport Stadion is entitled to change the General Terms and Conditions without prior notification and declare changed general terms and conditions applicable to Contracts. Changed general terms and conditions will be published on Sport Stadion’s website for consultation.

e: The general terms and conditions of the Event Holder of the Event shall likewise apply to the Contract. If the Customer does not yet have a copy of the Event Holder’s general terms and conditions, the Event holder will send a copy thereof to the Customer if the Customer so requests.

3 Formation of a Contract

a: Unless otherwise agreed in writing, all offers (including advertisements and price lists) are without obligation.

b: When Tickets are being offered and sold, Sport Stadion acts as an intermediary in the formation of the Agreement between the Buyer and the Event Holder. Sport Stadion is not a party to the Agreement that is formed by the purchase of a Ticket. The Agreement is formed after the Customer has purchased one or more Tickets through Sport Stadion. Sport Stadion supplies the Tickets on behalf of the Event Holder.

c: Before confirming the reservation/purchase, a Customer should always check if the correct Tickets have been selected. When reserving, a Customer must always use and supply a correct postal or email address.

d: If the Customer opts to receive Tickets by electronic means, the risk of loss, theft or misuse of a Ticket shall pass to the Customer as soon as the Tickets have reached the Customer.

e: If there is doubt regarding the accuracy of the details provided by the Customer when reserving or ordering, Sport Stadion may contact the Customer using the details provided by the Customer. If Sport Stadion is unable to contact the Customer using the details provided and is therefore unable to check the details, Sport Stadion shall be authorised to cancel the reservation and sell the Tickets to another Customer.

f: In the aforementioned cases, Sport Stadion shall undertake efforts to inform the Customer concerned.

g: Each Contract is entered into under the suspensive condition of sufficient availability of the Tickets, products or services concerned.

h: Sport Stadion and/or the Event Holder reserve the right to set a limit to the number of Tickets that a Customer can reserve/purchase. In the event of a Customer exceeding this limit, Sport Stadion and/or the Event Holder are entitled to cancel the reservation of the Tickets above the maximum number or to invalidate the relevant Tickets.

i: Sport Stadion has the opportunity to carry out Upsell and/or other activities when selling Tickets. If Sport Stadion sells third-party products or services through this activity, those products and services and their delivery will be governed by the general terms and conditions of the third party concerned.

j: Tickets cannot be returned. Article 6:230p(e) of the Dutch Civil Code is applicable to Tickets.

4 Prices and Payment

a: Sport Stadion sells Tickets on behalf of Event Holders who determine the price and number of available places. Information concerning price and availability is provided without obligation and subject to change, and errors and omissions are excepted.

b: The Customer must pay the price specified in the Contract for products or services ordered by means of the website. Payment must be made in the manner specified by Sport Stadion. Further conditions, including those pertaining to ordering and paying, may be set with respect to orders.

c: Prices are sometimes different from the nominal price of the ticket because they include all costs except administration and shipping costs.

d: All prices specified by Sport Stadion are in euros, excluding VAT, unless expressly stated otherwise.

e: All orders include postage. Sport Stadion also charges administrative costs.

f: If the Customer fails to pay amounts owed in time, the Customer shall owe statutory interest on the outstanding amounts without a demand for payment or notice of default being required. If the Customer fails to pay an amount owed following a demand of payment or notice of default, Sport Stadion may engage a third party for the purpose of collection, in which case, in addition to the total amount owed, the Customer shall also owe all judicial and extrajudicial costs incurred, including, in addition to the costs ascertained at law, costs calculated by external experts.

g: The price agreed in the Contract must always be paid by direct payment. However, the following different payment terms apply to companies (chamber of commerce registration is mandatory):

· Payment of Tickets should reach Sports Stadion’s bank account no later than 14 days after the invoice date; if the event occurs within 4 weeks, direct payment is required.

· If additional services and/or products are being purchased, direct payment is required if the event takes place within 6 weeks of booking. If the event occurs more than 6 weeks after booking, a 40% deposit is due within 5 working days and the remainder 6 weeks before the event takes place.

5 Delivery Periods

a: Tickets are sent to the postal or e-mail address specified by the Customer when placing the order. Sport Stadion will continue to deem the postal or e-mail address specified by the Customer to be correct until the Customer has informed Sport Stadion of a new postal or e-mail address.

b: Final deadlines shall never apply to delivery periods specified by Sport Stadion unless expressly agreed otherwise. In the event of a late delivery, Sport Stadion must be given notice of default in writing.

c: Sport Stadium does not accept liability for any damage, including consequential damage, if the delivery of tickets fails as a result of an incorrect e-mail address or delivery address has been specified, the resident of the specified address has not been properly informed, or if the Customer does not take delivery of the ticket, or does not collect it or have someone else collect it, while the buyer was informed of the dispatch in advance, or if tickets are not delivered in time or not at all due to acts of third parties engaged by Sport Stadion.

d: The exceeding of any delivery period shall not entitle the Customer to compensation. If a delivery period is exceeded, the Customer shall also not have the right to cancel the order or terminate the Contract unless the delivery period in question is exceeded to such an extent that the Customer cannot reasonably be expected to uphold the Contract.

e: Tickets will not be dispatched until the price agreed in the Contract has been paid in full.

6 Cancelled or Rescheduled Events

a: It is the Customer’s responsibility to check whether an Event has been cancelled or rescheduled and to ascertain the new time or location. Although Sport Stadion shall undertake efforts to inform the Customer of a cancellation after it has received the information required from the Event Holder, Sport Stadion cannot guarantee that the Customer shall be informed of the cancellation prior to the date of the Event. Sport Stadion shall not be responsible or liable for any costs incurred in this regard.

b: If an Event is rescheduled to take place at another location or on another date, the Event Holder may set conditions with respect to the refund of the Ticket Price.

c: If an Event is cancelled or rescheduled, the Customer may hand in the tickets for the Event concerned in accordance with the regulations concerned determined by the Event Holder. For these regulations, the Customer is referred to the General Terms and Conditions of the Event Holder. If the Event Holder requests Sport Stadion to refund the ticket price to the Customer, Sport Stadion will do so after having received the relevant funds from the Event Holder. Postage and administrative costs will not be refunded.

d: If and when an event is cancelled or rescheduled, any products or services sold via Upsell will not qualify for a refund.

7 Tickets

a: The Customer may not resell Tickets if prohibited by law. In addition, an Event Holder may prohibit the resale or use of a Ticket in a commercial manner. The Customer must check this in the general terms and conditions of the organiser referred to on the Ticket (and during the ordering process). In the event of actual or attempted resale or commercial use in violation of the law or terms of the Event Holder, the Event Holder is entitled to invalidate the relevant Ticket and/or to impose a penalty on the Customer. Holders of invalid admission tickets will be denied access to the Event, without entitlement to damages.

b: Following receipt, the Customer must check the Tickets, since errors cannot always be corrected. Tickets may not be exchanged or refunded after they have been purchased.

c: Special requirements, such as reserving places for wheelchair users, must be clearly communicated in good time. Sport Stadion cannot give any guarantee whatsoever that special requirements can be met.

8 Cancellation Conditions

a: If a Customer has purchased only Tickets and cancels the Contract, then the Customer will pay Cancellation Charges of 100%.

b: If a Customer has purchased additional products or services as Upsells and cancels the Contract, the following Cancellation Conditions shall apply:

a) Cancellation more than 6 weeks before Event: 40% of the Cancellation Charges;

b) Cancellation between 4 and 6 weeks before Event: 75% of the Cancellation Charges;

c) Cancellation between 2 and 4 weeks before Event: 90% of the Cancellation Charges;

d) Cancellation less than 2 weeks before Event: 100% of the Cancellation Charges.

9 Intellectual and Industrial Property Rights

a: The intellectual and industrial property rights vested in Tickets of Sport Stadion are owned by Sport Stadion or its licensor. The Customer must refrain from conduct that is potentially detrimental to the rights or other interests of Sport Stadion or its licensor in this regard.

b: The Customer may not remove any indication concerning copyrights, brands, trade names or other intellectual or industrial property rights from the Ticket or alter any such indication, or alter the form of the Ticket or any of its other features in any way whatsoever.

c: The Customer may not forge or make copies of Tickets, or reproduce them in any way whatsoever.

d: The Contract shall not entail the transfer of any intellectual property right from Sport Stadion to the Customer.

10 Privacy

a: The Customer is deemed to have taken note of Sport Stadion’s privacy statement, which can be consulted on Sport Stadion’s website, and to agree to the way in which personal data provided by the Customer is processed as described in the aforesaid statement.

11 Liability

a: Sport Stadion cannot be regarded as the organiser (Event Holder) of the Event and is not responsible for and does not warrant the quality and content of the Event, nor the course of business in or with respect to the Event and accepts no liability on this basis.

b: With the exception of the other provisions pertaining to liability in these General Terms and Conditions, Sport Stadion’s total liability by reason of an attributable failure to perform or due to a wrongful act shall be limited to compensation for direct damage up to a maximum of the amount that has been or could be charged to the Customer by virtue of the Contract concerned, unless the damage was caused by wilful misconduct and/or gross negligence on the part of Sport Stadion or its subordinates. Liability for consequential damages is expressly excluded.

c: In all cases, Sport Stadion shall only be liable by reason of an attributable failure to perform a Contract if the Customer has promptly and properly given Sport Stadion notice of default in writing and set a reasonable term for the breach to be remedied and an attributable failure on the part of Sport Stadion to meet its obligations continues to apply after the term referred to has ended. The notice of default must contain a description of the failure that is as complete and detailed as possible to enable Sport Stadion to respond adequately.

d: The Customer indemnifies Sport Stadion against all claims of third parties pertaining to a failure on the part of the Customer to meet any obligation towards Sport Stadion, whether or not it arises from the General Terms and Conditions, or a failure to meet such an obligation to a sufficient degree.

e: Any right to compensation shall always be conditional on the Customer expressly reporting the damage to Sport Stadion in writing as soon as possible following its occurrence.

f: Sport Stadion may never be held liable for any form of damage to or loss of a Ticket whatsoever. In the event of loss or theft, the Customer may not claim a replacement Ticket or the refund of any amount paid. Sport Stadion shall likewise not be liable for the delayed or incorrect delivery of Tickets if the delay or incorrect delivery cannot be attributed to Sport Stadion.

g: Sport Stadion does not in any way whatsoever accept liability for Tickets acquired by the Customer from third parties. In addition, Sport Stadion cannot guarantee the authenticity of such Tickets.

h: Sport Stadion cannot in any way whatsoever be held liable for any damage or loss suffered by the holder of a Ticket as a result of acts or omissions on the part of third parties.

i: Sport Stadion does not in any way whatsoever accept liability for any damage or loss resulting from acts of third parties or from products or services purchased from third parties.

12 Force Majeure

a: Force majeure is taken to mean any failure of performance that cannot be attributed to Sport Stadion because it is blameless in the matter and cannot be blamed in terms of the law, a legal act or generally accepted standards.

b: In the case of force majeure, Sport Stadion shall be entitled, without prejudice to its other rights, to suspend performance of the Customer’s order by informing the Customer of such action in writing and without Sport Stadion being obliged to pay any compensation unless such action is unacceptable according to principles of reasonableness and fairness in the given circumstances.

13 Applicable Law and Competent Court

a: All Contracts with Sport Stadion shall be governed by Dutch law.

b: All disputes that arise from a Contract or the General Terms and Conditions that apply to it shall be submitted to the competent District Court of the Northern Netherlands, Groningen location.

14 Miscellaneous

a: It is possible that Customers will be searched prior to an Event. Those who do not wish to be searched may be denied admission without the right to a refund of any amount paid.

b: Customers who arrive late at an Event will, insofar as possible, be admitted at suitable moments during the Event. Admission cannot be guaranteed, however.

c: Where Sport Stadion undertakes to issue notices in writing in these General Terms and Conditions, Sport Stadion is entitled to issue these notices by electronic means, such as but not limited to issuing notices by e-mail or fax.

d: Manifest errors and writing errors on Sport Stadion’s website or in offers, order confirmations, Tickets and/or other documents shall not bind Sport Stadion in any way whatsoever.

e: In the event of a difference of opinion between Sport Stadion and the Customer about the translation and/or interpretation of the General Terms and Conditions, the Dutch version shall be decisive.

f: If one or more provisions of these General Terms and Conditions or of any Contract with Sport Stadion proves or prove to be in conflict with any applicable legal regulation, the provision concerned shall cease to apply and shall be replaced by a new, similar provision determined by Sport Stadion and permitted by law.

g: These General Terms and Conditions have been filed at the Chamber of Commerce in Groningen, and can also be consulted on Sport Stadion’s website.