- 1.INTRODUCTION AND DEFINITIONS
1.1 This site (referred to as the "site"), published by the company Ticketnet whose company details are set out at clause 15 (also referred to as "Ticketmaster", "we" or "us") and who operates an online marketplace for connecting Sellers and Buyers of tickets (also referred to as "the Resale Service” or the “Resale Platform").
1.2 The term "Primary Ticket (s)" means the tickets to access events that are allocated to us directly by the event organizers to be offered for sale on this site.
The term "Resale Ticket (s)", on the other hand, refers to tickets which were originally purchased from us and which are sold by the original purchaser - that is, they are not sold by us, we only facilitate the sale through the Resale Platform . The original buyer must be an individual (referred to as "the Seller"), who after having created an account, can offer his tickets for sale on the Platform and resell them to a buyer (referred to as "the Buyer" ) occasionally (especially when he cannot attend the event due to an impediment). The Seller must act in accordance with article 313-6-2 of the penal code.
1.3 These general conditions (referred to as the "Resale Policy") define the general conditions applicable to the sale and purchase of Resale Tickets on the Resale Platform.
1.4 This Resale Policy only applies to Resale Tickets. The sale of Primary Tickets is governed by the general sales conditions (referred to as "Sales Conditions") available on the site.
1.5 We provide the Resale Platform so that customers who have purchased Primary Tickets from us can offer them for resale to potential Buyers in a safe and secure manner. Resale Ticket availability is subject to availability and does not mean that Primary Tickets are not also available for purchase for an event or that an event is sold out or that tickets for an event are not available at purchase from other sources (e.g. event organizer, event venue or other primary ticket agents).
1.6 The Resale Platform offers customers a safe and secure solution to purchase Resale Tickets. All listed Resale Tickets are “verified”, which means that all Resale Tickets offered on the Resale Platform were first purchased from us as Primary Tickets, which allows us to certify their authenticity.
In addition, when a Primary Ticket is sold using the Resale Platform, we invalidate the bar code(s) of the Primary Tickets and re-issue the Buyer with a new bar code for the Resale Ticket. Therefore, only Resale Tickets re-issued by us for the benefit of the Buyer are valid and allow access to the venue of the event.
1.7 This Resale Policy is made available to the user on the site and can be downloaded in a durable medium. At any point in the contractual relationship, the user may, if requested, receive this document in hard copy.
- 2.YOUR ACCOUNT AND REGISTRATION
2.1 You can create an account on our site free of charge at any time. Account creation is required to sell or buy a ticket.
2.2 To create a password-protected account you must provide the requested information: name, first name, postal address, email, telephone number, date of birth (all your details must be kept up to date at all times).
In order to sell or buy Resale Tickets, you must also be over 18 years of age and be legally capable (see clause 3).
2.3 You are solely responsible for maintaining the security of your username and password and for all activity that occurs on your account. You must not allow anyone other than you to use your account. If you become aware or suspect that someone knows your username and / or password, you must immediately change your password on the Resale Platform.
2.4 You must not create or use multiple accounts for the purpose or intention of circumventing any of the terms of this Resale Policy or our Sales Conditions or to conceal your identity or other personal information.
2.5 You must not use our site, your account and / or the Resale Platform (together the “TM Services”) for any illegal purpose or in an unlawful manner. If we discover or suspect that you have used or are using or attempting to use the Resale Service in such a way that a criminal offence has been, is being or might be committed, we reserve the right to report your identity and details of such activity to the relevant authorities (and any relevant event organiser).
2.6 We reserve the right to terminate your account and / or cancel any resale or purchase orders and / or prohibit you from listing Resale Tickets or placing future orders and / or prohibit you from using TM Services in the future if:
(a) any abusive or threatening behavior is carried out by you or on your behalf or through your account;
(b) we suspect that any fraudulent or other illegal activity is being carried out by you or on your behalf or through your account;
(c) we suspect that unauthorized use of your account or any other unauthorized activity is being carried out by or on your behalf or through your account, including unauthorized contact between Sellers and potential Buyers or Buyers;
(d) we are required to do so by a legal or regulatory authority;
(e) you otherwise violate the terms of this Resale Policy or any other applicable policy (including our Sales Conditions) or terms and conditions (including the terms and conditions of any applicable event organiser); and/or
(f) you violate the General Terms and Conditions of Use issued by our payment partner: Mangopay
2.7 Termination of your account and/or cancellations of any purchases, listings or sales under this Resale Policy (or purchases under our Sales Conditions) shall not affect our or your rights and liabilities which have accrued prior to and including the date of such termination or cancellation.
- 3.LEGALLY BINDING CONTRACTS
3.1 In order to sell or buy a Resale Ticket using the Resale Platform, you must be at least 18 years of age, be legally capable of entering into binding contracts; have an account on the site and have a valid credit or debit card issued in your name. If you advertise and sell a Resale Ticket, you will also need to have a Mangopay account (which we will create for you as part of the registration process and act as an authorized representative for you in relation to Mangopay). You will need to enter into a separate contract with Mangopay by agreeing to Mangopay's General Terms and Conditions of Use , as well as holding a valid bank account in your name that can receive funds in Euros.
3.2 By listing, selling or purchasing a Resale Ticket using the Resale Platform, you acknowledge that you have read, understood and agree to be bound by the terms of this Resale Policy, which form a legally binding contract between you and us in connection with your use of this Resale Platform. If you sell Resale Tickets, you will also have a separate legally binding contract with Mangopay, as described in clause 3.1 above. A further separate contract is entered into between buyers and sellers when buying or selling Resale Tickets using the Service (please see clause 3.4 for details). If you do not agree with the terms of this Resale Policy or any other applicable condition, or if you cannot comply with any of them, you must not use the Resale Platform.
3.3 We reserve the right from time to time to make changes to this Resale Policy and will use reasonable endeavours to give you at least 2 months' notice prior to any changes coming into effect. When we make such changes, we will post the updated version of this Resale Policy on our website. Therefore, we recommend that you periodically review this Resale Policy to stay informed of the current terms and conditions. All listings, sales and purchases are subject to the applicable version of this Resale Policy published at the time of listing, sale or purchase. If you disagree with a revised version of this Resale Policy, or if you cannot comply with it, you must not list, sell or purchase Resale Tickets.
3.4 When you sell or purchase a Resale Ticket using the Service, you are entering into a separate contract directly with the Buyer or Seller (as applicable) of the relevant Resale Tickets, as the Resale Tickets belong to the Seller and not us, and are purchased by the Buyer from the Seller through the Resale Platform. This sales / purchase contract begins once we have confirmed your order and ends immediately after the Seller has been paid in accordance with clause 7.3.
3.5 The contract between you and us will be concluded, and any communication between you and us during the term of our contract will be made, in French.
3.6 We facilitate the sale / purchase transactions between Buyers and Sellers via the Resale Platform, but we are not a party to the sale / purchase contract between a Buyer and a Seller. However, Buyers and Sellers should not contact or attempt to contact each other directly. We recommend in any case that Buyers first seek to resolve any problem using our online help service.
SELLER TERMS (LISTING AND SELLING RESALE TICKETS)
4.1 As a Seller, by listing Resale Tickets for sale on the Service you enter into a legally binding contract with us in relation to each specific listing. This contract comes to an end when you have been paid for your Resale Ticket in accordance with the terms of this Resale Policy. You can terminate your contract with us at any time by de-listing any unsold Resale Tickets.
4.2 You will only be able to sell a Primary Ticket if you have purchased it as a Primary Ticket on the site in France and if it is in paper format with hologram or dematerialized (e-ticket, m-ticket), or as a CollectorticketTM and if the Resale service between Sellers and Buyers of tickets is available for this event. The following types of tickets are not eligible for the Resale Platform:
- Tickets without barcode,
- Free tickets (invitation rate),
- Tickets with certain promotional or reduced rates subject to conditions of use by the event organizer (e.g. reduced mobility rate, child, student, unemployed rate, etc.),
- Primary Tickets purchased as part of a package consisting of a ticket and a service/non-ticket element that cannot be separated from the ticket, or an ancillary product,
- A Resale Ticket already purchased on the Platform.
4.3 All listings for Resale Tickets are subject to the following conditions and restrictions:
- You authorize us, and / or Mangopay, to perform identification checks and anti-fraud checks, and you agree that we may share your account and bank account information with Mangopay to perform these checks .
- You may not list Resale Tickets for a price above the face value of the Primary Tickets, except with the agreement of the event organizer which you will be informed of when you offer Resale Tickets for sale on the Resale Platform.
- You can only list the Resale Tickets that you have the right to sell, and where no third party rights, applicable terms and conditions and laws or regulations are infringed by the sale of the Resale Tickets.
- You may not list Resale Tickets that have been obtained in violation of our Sales Conditions or our Resale Policy or through the unauthorized use of any robot or other automated device or software, or from an unauthorized link to the site, or by any other illegal or unauthorized activity.
- You must not list duplicate, counterfeit or stolen tickets for sale. Selling stolen or counterfeit goods is a criminal offence.
- You must ensure that Resale Tickets listed together are seated together, which means that the seats must be numbered consecutively and adjacent to each other.
- You must not list the same Resale Ticket on the Resale Platform and on any other ticket resale or exchange platform concurrently.
- You will need a Mangopay account to receive payment for any Resale Tickets you sell. You therefore agree to be bound by Mangopay's General Terms and Conditions of Use and to appoint us as your authorized representative in relation to Mangopay.
You may also be subject to other specific registration conditions or restrictions imposed by us on a case-by-case basis and at our sole discretion.
4.4 We cannot guarantee the time period within which the Resale Tickets listings will be published and active or that the listings will appear in any particular order or in search results, or that the listed Resale Tickets will be sold. If any Resale tickets are not listed due to a technical or other error and / or do not sell for any reason, we will not be held responsible for them.
4.5 The Resale Service may be disabled for an event or for particular tickets for any reason. In this case, all affected Resale Ticket listings will be automatically delisted or suspended. In addition we reserve the right to delist any Resale Tickets if:
- You fail to comply with any of the listing conditions under clause 4.3; and/or
- Any of the circumstances at clause 2.6(a)-(f) apply.
- 5.SALE AND FULFILMENT OF RESALE TICKETS
5.1 When a buyer purchases a Resale Ticket and makes payment, the order will be processed and the Seller will receive a sale confirmation notification by email. A legally binding contract between you (the Seller) and the Buyer is formed upon issuance of the order confirmation. This contract ends immediately after you have been paid in accordance with clause 7.3. Please note that once the legally binding contract has been formed, you waive your rights to the Resale Ticket and are legally bound to provide the Resale Ticket(s) to the relevant Buyer.
5.2 While we try to ensure the accuracy of order confirmations, sometimes technical or other errors may occur. If an error results in the issuance of an incorrect order confirmation, we will notify you as soon as possible and reserve the right to cancel the order without any further liability.
5.3 In rare circumstances, for example if the Buyer's payment for an order is recalled by the bank or associated payment provider, we reserve the right to cancel an order for which an order confirmation has been sent and to reimburse the Buyer without further liability.
5.4 When we confirm the order to the Buyer, we re-issue the tickets. Therefore, only tickets re-issued by us for the benefit of the Buyer are valid and allow access to the event. The Primary Tickets are invalidated, the bar codes of the Primary Tickets no longer allow access to the event once the Buyer's order is confirmed. The Seller must not under any circumstances resell Primary Tickets on another resale site and must undertake to no longer offer them.
- 6.CANCELLATION OR POSTPONEMENT OF THE EVENT
6.1 In the event of total cancellation of an event:
- all live listings for the event (i.e. unsold Resale Tickets) will be removed from the Resale Platform and Sellers should check our Sales Conditions as you may be able to obtain a refund for any Primary Tickets that were unsold at the time of de-listing; and
- all orders for Resale Tickets that have been confirmed before and at the time of the event cancellation will be cancelled and the relevant Buyer of these Resale Tickets will be refunded. In such circumstances, if you (the Seller) have already received payment for the relevant Resale Tickets, you will not be able to obtain a refund for those tickets under our Sale Conditions (unless you have sold Resale Tickets for a price lower than the price you paid for them, in which case you may be eligible for a partial refund of the difference between the amount you paid for the Primary Tickets and the amount for which you sold them as Resale Tickets).
6.2 If an event is rescheduled or materially altered:
- the event listing page will be updated with the new information and all live unsold Resale Tickets will remain listed and available for sale. However, you (the Seller) may cancel the listing of your Resale Tickets (provided they remain unsold at the time of delisting) so that you can request a refund from us for your Primary Tickets originally purchased under our Sales Conditions; and
- Buyers of Resale Ticket orders that were placed before the announcement of the alteration or rescheduling of the event may request the cancellation of their order. If a Buyer does not opt to cancel their order, then the transaction remains unaffected (and you (Seller) will not be able to cancel your original Primary Ticket order in such circumstances). If a Buyer chooses to cancel their order, they will be refunded. If you (the Seller) have already received payment for the relevant Resale Tickets, you will not be able to obtain a refund for those tickets under our Sales Conditions (unless you have sold Resale Tickets for less than the price you paid for them as Primary Tickets, in which case you may be eligible for a partial refund of the difference between the amount displayed on the Primary Ticket you paid for and the amount for which you sold them as Resale Tickets).
- 7.SELLER PAYMENT SERVICE
7.1 Payment to you of any Resale Ticket proceeds shall be made and managed by the company Mangopay, a public limited company under Luxembourg law, with a capital of 2,000,000 euros, whose registered office is located at 10 boulevard Royal, L-2449 Luxembourg and registered in the Luxembourg Trade and Companies Register under number B173459 (approved by the Commission de Surveillance du Secteur Financier under references n ° 3812) (here- after Mangopay or the Issuer).
In accordance with article L. 314-12 of the Monetary and Financial Code and article 2 of the decree of July 29, 2009 relating to relations between payment service providers and their customers in terms of information obligations for payment service users Ticketnet confirms that:
- Mangopay acts as a payment service provider;
- Ticketnet is acting as Mangopay's payment agent within the meaning of Article L.525-8 of the Monetary and Financial Code and can be contacted at the address set out at clause 15 below and/or via the online help service
7.2 As soon as you want to sell a ticket, you are required to first read and accept the General Terms and & Conditions of Use of Mangopay payment services and this Resale Policy by checking the boxes respectively dedicated for this purpose. By accepting them, you simultaneously conclude an affiliation contract with Ticketnet, allowing you to be registered as a Seller on the Resale Platform, and a framework payment services contract with Mangopay. The proceeds of the sale of Resale Tickets due to the Seller, is the price payable for the Resale Tickets in accordance with this Resale Policy by the Buyer, excluding Ticketnet's remuneration. The remuneration of Ticketnet for the Resale Platform per ticket is made up of :
- a percentage of the price of the Resale Ticket; and
- € 1.45 VAT Incl. per order for the processing and / or delivery costs,
These amounts being paid by the Buyer.
The percentage of Ticketnet remuneration for the Resale Service will be communicated to Buyers prior to their purchase of a Resale Ticket and may vary from one event to another (including as a result of any agreements with the event organizer that permits resale below or above the price paid for the Primary Ticket. Ticketnet can change its remuneration at any time.
7.3 When a Buyer purchases Resale Tickets, payment of any Resale Ticket proceeds is processed via the SIPS payment solution (PCI DSS Solution) and deposited into the receipt account of a bank account in France, in Ticketnet's name.
The proceeds of the Resale Ticket are transferred within 24 working hours to an escrow account opened by Mangopay and shared as follows at Mangopay:
(i) the remuneration due to Ticketmaster is transferred to the Ticketmaster payment account and
(ii) the remuneration due to you (Seller) is transferred to the payment account of the Seller,
7.4 Payment to you (Seller) of any Resale Ticket proceeds will be made via Mangopay by transfer from your Mangopay payment account held by Mangopay to the bank account that you (Seller) specified when creating your account on the Resale Platform. Where the Resale Ticket is sold at or less than the price originally paid by you for the Primary Ticket, payment is made at the request of Ticketnet , in accordance with Mangopay's General Terms and Conditions of Use, within 8 working days of the date that the order confirmation is issued to the Buyer.
In the event that the event organiser permits resale above the price paid for the Primary Ticket, and the Resale Ticket is sold for above the price paid, payment is made in two instalments at the request of Ticketnet as follows:
- the first payment corresponding to the face value of the Primary Ticket (s), within 8 working days of the date that the order confirmation is issued to the Buyer; and
- the balance, i.e. the amount paid by the Buyer of the Resale Ticket in excess of the price paid for the Primary Ticket(s), within 8 working days of the event taking place.
For certain events (regardless of the resale value of the tickets) full payment will be made within 8 working days of the event.
7.5 By accepting this Resale Policy, you authorize us, as well as Mangopay, to start the execution of the contract before the end of the 14 day withdrawal period provided for in clause 17 of the Mangopay General Terms and Conditions of Use. This agreement allows us in particular to offer your Resale Tickets for sale, and a Buyer to buy them as soon as your Resale Tickets go on sale and without waiting for the end of the 14 day withdrawal period.
7.6 By accepting this Resale Policy, you instruct us to carry out on your behalf all financial transactions necessary for you to receive the proceeds from the sale of the Resale Tickets to your bank account.
7.7 The payment of any Resale Ticket proceeds from the sale of Resale Tickets into your bank account is subject to you sending us the personal information required by Mangopay including a copy of a valid identity document and the required banking information and that these be controlled and validated by Mangopay in the context of the Fight against Money Laundering and the Financing of Terrorism (LCB-FT). Payment to you is only possible if your information has been validated by Mangopay. Otherwise, your Resale Tickets may be sold but you will not be able to obtain payment for your Resale Tickets until your information is checked and validated.
7.8 We reserve the right to cancel orders and make refunds to Buyers where, in our reasonable opinion, a Buyer is legally entitled to a refund for any reason and / or in accordance with clause 8, to which no payment will be due to you.
- 8.NON-COMPLIANCE WITH RESALE RULES
8.1 We reserve the right to withdraw any listings and / or cancel any order for the sale of Resale Tickets on the Resale Platform if:
(a) You do not comply with the registration conditions under clause 4.3;
(b) circumstances of clause 2.6 apply;
(c) You are a professional/business seller;
(d) the Buyer is denied entry to the relevant event through no fault of their own as a result of any act or omission by you (including any failure to comply with the terms of this Resale Policy and/or any terms and conditions applicable to the Primary Ticket and/or any other applicable laws or regulations); and/or
(e) There are other issues or disputes regarding the Resale Tickets that you have listed or sold and / or that you are listing or selling.
8.2 If we make a delisting or cancel orders in accordance with clause 8.1, we also reserve the right, at our discretion, to terminate your account on the site and / or cancel any order for sale or purchase and / or prohibit you from listing the Resale Tickets or placing future orders and / or prohibit you from using the Resale Platform in the future.
BUYER TERMS (BUYING AND USING RESALE TICKETS)
- 9.PRICE, ORDER, PAYMENT
9.1 All the prices of the Resale Tickets offered for sale on the Resale Platform are inclusive of VAT and break down as follows:
(a) the sale price of the Resale Ticket (“Sale Price”) due to the Seller; plus
(b) the service charge per ticket ("Service Fee") accruing to Ticketnet; plus
(c) the processing and / or delivery costs per order ("Order Processing Fees") accruing to Ticketnet.
9.2 The Sale Price of a Resale Ticket defined by the Seller, excluding the remuneration due to Ticketnet may be higher than the price paid for the Primary Ticket, subject to the agreement of the event organizer. Where applicable, the event organiser may define via the Resale Platform a percentage increase and / or a ceiling amount of the Resale Ticket price. If this happens, the Sellers can determine the Resale Ticket price set up to the percentage increase/ceiling defined.
9.3 The Sellers may, with the agreement of the event organizer, increase or decrease (within certain limits) the Sale Price of the Resale Tickets listed at any time before submitting an order.
9.4 While we try to ensure that all listings of Resale Tickets are free of errors, sometimes technical or other errors may occur. If an error results in an incorrectly confirmed order, we will notify you as soon as possible and give you the option of confirming your order with the correct details or canceling your order (in which case you will be fully refunded). If we are unable to contact you to confirm your order with the correct details, you agree that we may treat the order as canceled and issue a full refund, without any further liability.
9.5 Accepted payment methods include Carte Bleue, Visa, MasterCard and American Express debit or credit cards. Gift cards, bank checks and Chèque Vacances cannot be used to make payments for Resale Tickets.
9.6 By entering payment details and clicking “buy” you expressly authorize us, acting as a disclosed agent on behalf of the Seller, to debit or authorize payment through the payment method you have provided.
9.7 Once payment has been made, your order will be processed and an order confirmation will be issued. A legally binding contract between you and the Seller is formed when the order confirmation is issued. This contract ends immediately after the Seller is paid in accordance with clause 7.3.
9.8 If you do not receive an order confirmation after submitting the payment information, or if you encounter an error message or service interruption after submitting the payment information, it is your responsibility to ensure, whether or not your order has been placed by contacting customer services. Only you can be aware of any issues that may arise during the purchasing process. We will not be responsible for any costs or losses you incur if you assume that an order has or has not been placed because you have not received an order confirmation.
9.9 All purchases are subject to credit or debit card verification (if applicable), other security checks and payment collection by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full. In rare circumstances, if your payment is recalled by the associated bank (a “chargeback”), we reserve the right to cancel that order even if an order confirmation has been sent. We accept no responsibility for such cancellations, as they are beyond our control.
9.10 It is prohibited to obtain or attempt to obtain Resale Tickets through the unauthorized use of any robot, or other automated device or software, or any other illegal or unauthorized activity. We reserve the right to cancel any order that we reasonably suspect has been placed in violation of this Resale Policy, without notice, and all Resale Tickets obtained in connection with such orders will be void.
9.11 To prevent fraud and protect ourselves, we reserve the right to carry out checks and / or request additional information in order to verify purchases. We reserve the right to cancel any order that we reasonably suspect to have been made fraudulently, without notice, and all Resale Tickets obtained in connection with such orders will be void.
9.12 Please ensure that you read the full details of the Resale Ticket description and that you are satisfied with your selection prior to purchase, as we may not be able to rectify issues resulting from your error.
9.13 Please note that all seating charts during the purchasing process are for reference only and reflect the general layout of the venue for particular events. For some events, the specific seating arrangement and locations may vary without notice.
9.14 All Resale Tickets purchased through the Resale Platform remain subject to: (i) clause 1 (Price & Payment – General Conditions of Use of Tickets) and clause 8 (Conditions of Use of E-Ticket, M-Ticket and Billetcollector / Collectorticket) of the Sales Conditions; and (ii) the specific conditions applicable to the ticket and / or event.
9.15 All orders for Resale Tickets are final. No refunds or exchanges will be granted except as expressly stated in this Resale Policy.
- 10.ISSUE AND ISSUANCE OF TICKETS
10.1 When we confirm your order for Resale Tickets, we re-issue the tickets. Therefore, only tickets re-issued with new barcodes by us are valid and allow access to the event. The Primary Tickets are invalidated and no longer allow access to the event.
10.2 Resale Tickets will be issued to the Buyer in the form of an e-ticket or an m-ticket as selected by the Buyer and depending on the delivery method available for the applicable Event. An m-ticket can only be offered in venues equipped with suitable barcode scanners. Resale Tickets will be delivered to the Buyer via email and will also appear in the Buyer's Ticketmaster account after purchase. You (the Buyer) are responsible for ensuring that you check your email and/or log into your Ticketmaster account and download the Resale Tickets in good time prior to the event.
10.2 Neither the Seller nor we shall be liable for, and you will not be entitled to any refund where you fail to download Resale Tickets from your Ticketmaster account.
10.3 It is your responsibility to check your Resale Tickets immediately once they have been delivered as mistakes cannot always be rectified. You should contact us immediately if there is a mistake or error with your Resale Tickets. We may not be able to assist you if you do not inform us of any errors that are reasonably obvious from inspection of your Resale Tickets within 5 days of receipt (and/or in good time prior to the event date).
10.4 In the unlikely event that you are denied entry to the relevant event through no fault of your own and you have complied with the terms of this Resale Policy (including any terms and conditions applicable to the Primary Ticket pursuant to clause 9.14) and/or any other applicable laws and regulations, you should obtain written confirmation from the venue that the ticket was voided and entry refused and then contact us.
- 11.CANCELLATION OR POSTPONEMENT OF THE EVENT
11.1 In the event of total cancellation of an event, the Buyer may be able to obtain a refund of the price paid for his Resale Tickets including any Service Charges but excluding any Order Processing Fees by following the refund procedure which will be communicated to him by Ticketnet.
11.2 If an event is rescheduled, the Buyer will be informed of the conditions for postponement and validity of Resale Tickets decided by the event organizer.
The Buyer may then decide to keep his tickets for the postponement date, or may be able to obtain a refund of the price paid for the Resale Tickets including any Service Charges but excluding any Order Processing Fees by following the refund procedure communicated to him by Ticketnet.
- PERSONAL DATA
12.2 To prevent fraud and protect ourselves, we reserve the right to perform checks and / or request additional information in order to verify listings and purchases. In this case, you agree to comply fully with our requests for information about you and how you use this service.
We do not carry out cold calling. However, you have the right to register on the opposition list to telephone solicitation.
- 13.ORDER TRACKING AND CUSTOMER INFORMATION
Your customer account, accessible from the site, allows you to:
- track the status of your order,
- print your e-ticket(s).
- download your m-ticket(s),
In this space, you can also access the history of your orders on our site.
We also provide you with interactive online help accessible from the site.
If you have any questions or complaints regarding your listing, sale or purchase, please contact us using our online help portal.
- 14.RESPONSIBILITY, APPLICABLE LAW AND MEDIATION
In accordance with the law n ° 2004-575 of June 21, 2004, article L 121-20-3 of the consumer code, Ticketnet is fully responsible towards the consumer for the proper performance of the obligations resulting from the contract concluded at distance.
Each event organiser sets the rules specific to the organization of his event and which are fully applicable to customers. These regulations are communicated to customers by the event organisers.
This Resale Policy is subject to French law. In the event of a dispute, the courts within the jurisdiction of the Nanterre have sole jurisdiction. The ticket sales referred to in these terms and conditions are subject to French law. In the event of litigation, the French courts are only qualified.
National or cross-border disputes which may arise concerning the validity, interpretation, execution or non-performance, interruption or termination of the contract between you (Buyer or Seller) and Ticketnet, may be submitted to mediation at consumer demand.
Mr. Jean-Pierre Teyssier (MTV Médiation Tourisme Voyage - BP 80303 - 75823 Paris Cedex 17), mediator approved by the consumer mediation assessment and control commission (CECMC), is appointed as mediator of the consumption, to facilitate the resolution of disputes between Ticketnet and its consumers.
The website www.mytravel.com describes the mediation process used and allows consumers to file a mediation request online along with supporting documents.
In particular, the dispute cannot be examined by the mediator if :
- the consumer does not justify having tried, beforehand, to resolve his dispute directly with Ticketnet by a written complaint,
- the request is manifestly unfounded or abusive,
- the dispute has been previously examined or is under examination by another mediator or by a court,
- the consumer has lodged his request with the mediator within a period of more than one year from his written complaint to Ticketnet,
- the dispute does not fall within its area of jurisdiction.
Mediation is free of charge for consumers (except if they voluntarily have recourse to a lawyer, a third party of their choice or an expert).
The mediator cannot receive any instructions from the parties or be remunerated according to the result. The mediation of consumer disputes is subject to the obligation of confidentiality provided for by article 21-3 of law 95-125 of February 8, 1995 relating to the organization of courts and civil, criminal and administrative proceedings.
The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions.
- 15.LEGAL NOTICE
Ticketmaster is a ticketing company specializing in the equipment of ticketing software for venues, in the distribution of ticketing for events, concert halls and in the sale of tickets on the Internet, by telephone and in physical points of sale.
Challenge 92 Building
101 Avenue François Arago
92017 NANTERRE Cedex
3 000 000 €
412 888 133 RCS Nanterre (98B05063)
TVA Identification number:
FR 19 412 888 133
François Thominet, CEO
Director of publishing:
François Thominet, CEO
Web hoster for www.ticketmaster.fr :
01 49 97 52 00
01 49 97 52 01
This Resale Policy is systematically brought to the attention of each Buyer to enable him to place an order. Consequently, the fact of placing an order implies the Buyer's full and unreserved acceptance of this Resale Policy. However, certain activities offered, in particular sports activities, may include specific special conditions. The existence of such special conditions is indicated in the presentation of each event in question when booking.
16.1 The terms "including", "include", "in particular", "e.g." or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
16.2 The headings used within this Resale Policy are for reference purposes only and do not affect its interpretation. Clauses references in these terms and conditions are references to the clauses of these terms and conditions of this Resale Policy.
16.3 Capitalised terms in this Resale Policy shall have the special meaning ascribed to them as set out within this Resale Policy.
- 17.WARRANTIES AND INDEMNITIES
17.1 You represent and warrant that the information that you submit to us in relation your account and in your use of this Services is true, accurate and complete and you will not use any false information, including contact information. You further warrant and represent that you are aged 18 years or over and can enter into legally binding contracts.
17.2 You represent and warrant that in using our website and the Resale Service, you shall comply with all applicable laws and regulations, along with the terms of this Resale Policy and any other applicable terms and conditions.
17.3 You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the "Indemnified Parties") against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of this Resale Policy or any other applicable terms and conditions, breach of any applicable laws or regulations, or breach of any third party rights.
- 18.LIMITATION OF LIABILITY
18.1 To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and the relevant event organiser shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by the event organiser):
(a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or the relevant event organiser;
(b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our or an event organiser’s negligence); or
(c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of this Resale Policy and/or any other applicable terms and conditions and/or any applicable laws or regulations.
18.2 To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and the relevant event organiser, shall not be liable for any indirect or consequential losses or loss of data, profits, revenue, earnings, goodwill, reputation, enjoyment or opportunity, or for distress, or any exemplary, special or punitive damages, arising directly or indirectly from your use of the Resale Service and/or any listings, sales or purchases made under this Resale Policy. In particular please note that:
(a) personal arrangements and expenditure, including travel, accommodation, hospitality and other costs and expenses incurred by you relating to an event which have been arranged by you are at your own risk, and neither we nor the relevant event organiser shall be responsible or liable to you for any wasted or unrecoverable costs or expenditure in relation to such personal arrangements, even if caused as a result of the cancellation or rescheduling of an event for which you have sold or purchased tickets under this Resale Policy; and
(b) neither we nor any relevant event organiser shall be responsible or liable to you for any loss of enjoyment or amenity, including where an event has been cancelled or rescheduled;
(c) neither we nor any relevant event organiser shall be responsible or liable to you where you have sold any Resale Tickets for less than you paid for them as Primary Tickets; and
(d) neither we nor any relevant event organiser shall be responsible or liable to you (and you will not be entitled to any refund) if admission to a venue or event is refused or revoked at any time as a result of your breach of any event organiser’s terms and conditions.
18.3 Unless otherwise stated in this clause 18, our and any relevant event organiser’s liability to you in connection with an event (including, but not limited to, for any cancellation or rescheduling of an event) and any Resale Tickets you have listed, sold or purchased shall be limited to the price paid for the relevant Resale Tickets, including any Service Charges but excluding any Order Processing Fees and ancillary costs (such as travel or accommodation costs).
18.4 We are not responsible for any internet connection errors experienced while using the Resale Service.
18.5 We are not responsible for the actions or failures of any venue, performer, promoter or other event organiser. Under no circumstances shall we be liable for death or personal injury suffered by you or your guests arising out of attendance at an event, unless caused by our negligence. Neither shall we be liable for any loss or damage sustained to your property or belongings or those of any guests under your booking attending an event.
18.6 We will not be liable to you for failure to perform any of our obligations under this Resale Policy to the extent that the failure is caused by a force majeure event (meaning any cause beyond our reasonable control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments). This clause does not affect the terms of any clauses specifically providing for a right of refund.
18.7 Nothing in this Resale Policy seeks to exclude or limit our or any event organiser’s liability for death or personal injury caused by our or any event organiser’s negligence, fraud or other type of liability which cannot by law be excluded or limited.
18.8 We cannot control the acts or omissions of third parties using the Resale Service. Therefore, we make no warranty in relation to any goods or services provided by Sellers or any acts or omissions of any users (whether Buyers or Sellers). You agree that you have no claim against us for the actions, whether negligent or intentional, of any other users of the Resale Service, other than where we are at fault.
18.9 If a dispute arises between you and another user (whether a Buyer or Seller), you release us (and our affiliates, parent undertakings, subsidiaries, and its respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute. However, we will try to assist with resolving any such disputes; please see clauses 14 and 19 for further details.
- 19.QUERIES, COMPLAINTS AND DISPUTE RESOLUTION
19.1 In the event of a dispute, we will use our reasonable efforts to consult or negotiate in good faith and attempt to reach a fair and equitable settlement satisfactory to you, us and any relevant event organiser.
19.2 If we need to contact you, we will use your Ticketmaster account details. It is your responsibility to immediately notify us of any changes to your contact details. In particular, please ensure that the information in your customer account is up to date and that you provide us with a valid email address as this is our primary method of contacting you. You should also be aware that your mailbox settings may treat our emails as spam, so be sure to check your junk and / or spam folders.
20.1 If we delay or fail to enforce any of the provisions of this Resale Policy, it shall not mean that we have waived our right to do so.
20.2 We shall be entitled to assign our rights and obligations under this Resale Policy provided that your rights are not adversely affected.
20.3 If any provision of this Resale Policy is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from this Resale Policy and this shall not prevent the other provisions from continuing to remain in full force and operate separately.
20.4 If any provision of this Resale Policy is or becomes illegal, invalid or unenforceable pursuant to the law of any applicable jurisdiction, this shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Resale Policy.
20.5 Nothing contained within this Resale Policy and no action taken by you or us pursuant to this Resale Policy shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent.
Last update February 25th2022