The terms and conditions govern the use of the mediation service offered on the Spain Ticket Bureau website by the Ticket Exchange GmbH company for all users. Ticket Exchange GmbH by means of this website provides users (‘purchasers’) with a platform for the acquisition of tickets for different events from other users (‘sellers’) that, as the holders of said tickets, transfer them to the former. Ticket Exchange GmbH is not the owner or holder of any title or ticket that is offered on the platform.
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.
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 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 related to the sale that may be applicable to the purchaser or seller in regards to their respective taxation frameworks.
Through acceptance of the terms and conditions, Ticket Exchange GmbH is exempt 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 carry out the service on the Spain Ticket Bureau website, the user must be registered on the platform. This implies acceptance of each and every one of these conditions.
With the acceptance of the terms and conditions the user certifies that he/she complies with all laws of any type at national and international level applicable to the website, the processing of price and product and to the jurisdiction where the sale is made. In order to register as a user, the interested party must be of legal age with legal status and of full capacity to act. To proceed with registration, the user must provide the following information:
1. 2 Username and Password
The username will be the e-mail address provided by the user; the password is secret and personally chosen by the user when registering on the platform. The user is responsible for the safekeeping and security of the username and password, assuming all transactions are carried out under the username and password of said user. The password can be modified by the user at any time.
1.3 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 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 any data provided resulting from a breach of any order.
1.4 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 will of the platform. In the aforesaid case, before proceeding with closure of the account, the user is duty-bound to complete all operations committed to and outstanding, whether as a seller or as a purchaser. In any event Ticket Exchange GmbH reserves the right to terminate the registration for the platform of any users, on the basis of the afore mentioned, thereby immediately cancelling any unmade sale or purchase offers. Should a purchasing user has 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 post an offer, the seller must fill in the form which consists of the fields concerning details of the tickets such as Event, Category and Section, the number of tickets and the amount of money the seller wishes to receive for the ticket(s), as well as all the restrictions and benefits affecting them, with reference to each specific event.
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. Acceptance of an offer by a buyer obligates the seller to deliver the exact same tickets which were published with the risk of compensation.
The seller must determine a method of payment in order for Ticket Exchange GmbH to pay any successfully delivered sales fee, as well as provide a bank card number as a commitment in case of breach of the order(s).
2.2 Free Publication of the Offer
The publication of the offer shall be free to the seller, and he/she shall only be accrued the commission for mediation in the case that the sale of the tickets is made.
2.3 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 fee, which will range between 25% to 32%, according to the rating of the seller that publishes the 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.
2.4 Price of the Offer
The price requested shall be the sole and exclusive responsibility of the seller, without Ticket Exchange GmbH intervening in the setting of the price in any way. Due to this, the price advertised on the platform may be higher or lower than the nominal price printed on the tickets.
After the ticket is chosen by the purchaser, the published offer with 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, e.g. shipping fees, shall appear together as an added total.
2.5 Value-added Tax
The seller has responsibility for VAT (or any other taxes). When deciding the price of the offer, the seller can choose whether or not to include the price of VAT. The VAT on the ticket price chosen by the seller is different from the VAT that Ticket Exchange GmbH charges for its mediation services.
2.6 Payment for the Transaction to the Seller
The seller shall receive the amount for the sale of his/her tickets within a period of 7 days after the event takes place, by means of the payment method indicated in the offer itself, as long as the tickets have been delivered and allowed valid access to the event.
Ticket Exchange GmbH reserves the right to interrupt or withhold payment of any amount for any incidents that do not comply with the terms and conditions, or that breach the existing legislation.
2.7 Stolen Goods
Ticket Exchange GmbH expressly prohibits the sale of stolen products. Ticket Exchange GmbH shall support and collaborate with the authorities to recover any stolen goods and locate the persons responsible for their sale. Ticket Exchange GmbH reserves the right to exclude and suspend any account that is suspicious or implicated in any search for stolen goods.
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 the terms and 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 same conditions; 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.
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 of transaction between the seller and purchaser.
All sales and purchases made via the platform are final and users have no right to withdraw the order once it has been accepted. 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 after said tickets have been received.
By accepting the terms and 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 waive.
4. Confirmation of Purchase
4.1 Sending of Tickets
The physical tickets purchased and sold in Ticket Exchange GmbH will always be delivered through a guaranteed courier service in the shortest time possible after the offer is accepted.The 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. 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 responsible party. In such a case, we advise purchasers to notify hotel management that they are expecting a delivery. When the purchaser does not have an address or hotel in the city hosting the event, Ticket Exchange GmbH will look for an alternative way to arrange the delivery of tickets.
4.2 Delivery Service and Responsibilities
Deliveries of physical tickets must be made through an outsourced courier service.
Ticket Exchange GmbH will offer, as a suggestion, the most convenient courier company according to the addresses provided.
The seller is responsible for the contact with the courier service, the collection of the package and most of all, the delivery of the tickets. The buyer is responsible for providing valid delivery details and also contact information such as a phone number or personal email to ensure delivery of the tickets. By accepting the terms and conditions, the purchasing user is expressly agreeing to Ticket Exchange GmbH transferring his/her data of a personal 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.
4.3 Electronic Tickets
In the case of electronic tickets, the seller must send the tickets to Ticket Exchange GmbH within a maximum period of 2 days prior to the event so that the purchaser receives the ticket, to the email address provided by the purchaser at the moment of purchase, at least 1 day before the event.
4.4 Problems with Delivered Tickets
Should the selling user deliver different tickets to those purchased, the purchasing user shall have a period of 7 days to contact Ticket Exchange GmbH in order to find an appropriate solution for the inconvenience. The platform can search for similar tickets or make a full refund of the amount paid. Tickets shall be considered improper under, but not restricted to, any of the following circumstances:
Any ticket with one or more specific conditions that were not declared in the offer, such as seats for the disabled or persons with wheelchairs, seats with reduced visibility, reduced rates, or seats in 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 3 days to contact the platform describing the cause of refused entrance and attaching all possible documentation to accredit said incident. Once the email has been received, Ticket Exchange GmbH shall investigate these facts on its own accord and shall report the solution to the claim and the outcome of the incident.
Spain Ticket Bureau 150% Guarantee: In the rare event that the tickets are not delivered in time for the event, the buyer will receive 150%* of the total amount paid if:
Tickets are not delivered 2 hours before the start time of the event, with exception of pick up points and hand over deliveries. For collection on a pick up point and handovers, buyers are responsible for collecting the tickets at the correct time which may vary according to the venue, or the agreement between buyer and seller.
Tickets are not sent 2 hours before the start time of the event, with the exception of same-day purchases.
Any of those rules are not applicable if the reason of the tickets have not been delivered is not fulfilment, such as, but not limited to: buyer´s wrong contact details given, wrong delivery address given, misspelled delivery address given, no hotel booking under the customer´s name, hotel reception hasn’t accepted the delivery, private address without complete information of the mailbox, no one at the address to receive and sign for the delivery, wrong email address given, misspelled email address, spam folder issue, buyer has no access to his or her email box, and any other similar case.
*The Spain Ticket Bureau 150% Guarantee will be paid as follow:
100% refund of the total amount paid by the buyer back to the same payment method used to pay the transaction.
50% of the total amount paid by the buyer as a voucher code to be used in one future purchase, valid per one year from the date of its issue.
By accepting the terms and conditions, the user accepts that Ticket Exchange GmbH is not liable in any way for inaccuracy or obligation for the payment of taxes to any entity in his/her name.
The user agrees to compensate Ticket Exchange GmbH, and exempt any member of its staff, for any disruption or damage that might be caused 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.
5.1 Limit of Liability
Ticket Exchange GmbH is not liable for any damages and/or losses of any nature (including but not limited to direct, indirect and/or particular) that may occur due to the use of the services of the platform or products offered on the platform. Ticket Exchange has no responsibility for the authenticity and/or legitimacy of the information that the users provide on the platform, be it personal or public, both for internal and external use. By using the services of the Spain Ticket Bureau platform the user accepts the common risk related to the trading market and exempts the liability of Ticket Exchange GmbH from any and all direct or indirect losses of any nature related to the use of the platform.
The platform shall always communicate with its users, both purchasers and sellers, via the e-mail addresses supplied on registration, unless otherwise stated. The address of the Spain Ticket Bureau platform of the Ticket Exchange GmbH partnership is located at Alpenstrasse 15, 6300 - Zug, Switzerland.
7. Change, Suspension or Closure of Account
Ticket Exchange GmbH reserves the right to modify, suspend or close, temporarily or permanently, with or without notice, the provision of the mediation service of the Spain Ticket Bureau platform. Ticket Exchange GmbH does not guarantee the continuous access and availability of the operation of one or all parts of the platform. Ticket Exchange GmbH excludes any liability for damages or losses that may occur due to the unavailability or discontinuity of the platform and the services offered.
8. Data Protection
In compliance with the Binding Corporate Rules of the European Data Protection Directive, the user is informed that all data provided to us will be kept on file, created and maintained under the responsibility of Ticket Exchange GmbH.
We will always respect the confidentiality of your personal data, which will only be used for the purpose of managing the services offered, attending to the requests that arise, performing administrative tasks, as well as sending technical, commercial or advertising information by ordinary or electronic means.
Any appeals to exercise your right to opposition, rectification or cancellation should be addressed to the company by writing to the following email firstname.lastname@example.org.
You are also informed that, in the context of your order, the "Fraud Expert" solution is used as a complement to the remote payment processing system; Your personal data is subject to processing for which Ingenico e-Commerce Solutions SPRL is responsible and whose purpose is the prevention and fight against fraud (to determine the level of risk associated with a transaction, detect and manage possible threats, inform traders so that they can make decisions, perform a "human" verification of transactions that present a certain level of risk and elaborate scoring models).
To do this, it is necessary to compile some of your personal data. Failure to do so could result in your transaction being delayed or interrupted and the order being canceled.
This data is directed to the authorised services of the Ingenico e-Commerce Solutions bodies that intervene in the framework of the current processing of work and to the trader, as well as to any other party whose intervention is necessary for the correct development of the process of payment and the operation of the services offered.
In accordance with the provisions relating to the protection of personal data in regards to the Fraud Expert solution, you have the right of consultation, access and rectification regarding your data, as well as a right of opposition for a legitimate reason, to which your data will be subject to processing, and which can be exercised by writing to the following address:
Ingenico e-Commerce Solutions SPRL - Legal service "protection de la vie privée" - Boulevard de la Woluwe 102 - B-1200 Bruxelles (Belgium) or by email: privacy@Ecom.ingenico.com, attaching a signed copy of proof of identity.
9. Intellectual Property
Ticket Exchange GmbH is the owner of all rights to the software of the digital publication, as well as to the industrial and intellectual property rights related to the contents that are included, except for the rights over public products and services that are not owned by this company.
No material published on this website may be reproduced, copied or published without the written consent of Ticket Exchange GmbH.
All information received on the web, such as comments, suggestions or ideas, will be transferred to Ticket Exchange GmbH for free. Information that CANNOT be processed in this way should not be sent.
All products and services on these pages that are NOT the property of Ticket Exchange GmbH are registered trademarks of their respective owners and are recognised as such by our company. They only appear on the website of Ticket Exchange GmbH for the purpose of promoting and collecting information. These owners can request modification or deletion of the information that belongs to them.
10 Applicable Legislation and Jurisdiction
The provision of this website’s services and the terms and conditions of use are governed in each and every one of their aspects by Swiss common and commercial law, as applicable. The parties should submit any disputes regarding compliance or interpretation of the terms and conditions to the competent courts and tribunals in accordance with the Swiss Code of Obligations. Nevertheless, the parties should make every reasonable effort required to settle conflicts in an amicable manner.
11. Cookies Policy
11.1 Definition and types of cookies
A cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow a web page, among other things, to store and retrieve information about the browsing habits of users or their computer and, depending on the information they contain and the manner in which they use their computer, cookies can be used to recognise the user.
Below we provide a list of the types of cookies used on our website:
- Our own cookies: These are ones that are sent to the user’s terminal equipment from a computer or domain managed by us and from which the service requested by the user is provided.
- Third Party Cookies: These are ones that are sent to the user's terminal equipment from a computer or domain that is not managed by us, but rather by another entity who processes the data obtained through the cookies (e.g. cookies used by social network plugins).
- Session Cookies: These are a types of cookies designed to collect and store data while the user accesses the Website.
- Persistent Cookies: They are a type of cookies in which the data is still stored in the terminal and can be accessed and processed during a period defined by the person responsible for the cookies, this can range from a few minutes to several years.
- Technical Cookies: These are ones which allow the user to navigate through our Website and to be able to use the different options or services that we offer, for example, share content through social networks.
- Behavioural advertising cookies: These are the ones that enable the management of the use the advertising space in the most effective way possible. These cookies store information on user behaviour obtained through continuous observation of their browsing habits, allowing a specific profile to be developed in order to display publicity based on this behaviour.
11.2 Cookies used on our Website and their purpose
In consideration of the above, we therefore provide the list of the cookies used on our Website, identifying their purpose and ownership:
|- Our own cookies:||_PHPSESSID
||Expires at the end of the session.||This cookie is automatically activated when the user enters the site and expires at the end of the browsing session. Its purpose is to control the user's session. Necessary for the navigation and proper functioning of our Website.|
|_adsmkt_f7c660c5e84b4a1f547da1457||Expires after 3 months.|
|Google Inc.||_ga||Expires after 2 months.||It is used to distinguish users.|
|_gat||Expires after 10 minutes.||It is used to limit the percentage of applications.|
|Zopim Technologies Pte Ltd||_zlcid||Expires after one year.||Through Zopim’s service we offer online chat for all visitors to the page. This cookie stores a unique identifier for each vistor so that they can identify themselves if they choose to use the chat service.|
11.3 How to disable and/or delete cookies
You can set your browser to not accept the installation of cookies, plus you can delete cookies already installed. Here are the different procedures to access the cookies settings menu for the most commonly used browsers:
- Internet Explorer: Internet Explorer Guide to manage cookies.
- Mozilla Firefox: Mozilla Firefox Guide to manage cookies.
- Safari: Safari Guide to manage cookies.
- Google Chrome: Google Chrome Guide to manage cookies.