Immoweb’s 30th birthday party

1. Identity and contact details of the Organizer

Company name:
Registered office:  ,  
Company number:

2. Definitions

In these terms and conditions for Ticket Buyers, both singular and plural, the following definitions apply: 

  • “Terms of Use”: The conditions contained in this document that apply to the legal relationship and agreement between Tickoweb and the User. 
  • “Tickoweb”: The private limited liability company under Belgian law "TICKOWEB", with registered office at Minderhoutsestraat 1, 2320 Hoogstraten (Belgium), registered in the register of legal entities of Antwerp, Turnhout division under company number 0899.531.874, with VAT number BE0899.531.874.
  • “User”: Any natural and/or legal person who purchases tickets via the Platform from an Organizer for an event organized by or on behalf of an Organizer under the Terms of Use.
  • “Organizer”:  () -  ,  
  • “Tickets”: The Tickets that are offered for sale and sold to the User on the Platform for an event organized by or on behalf of the Organizer, and with which the User can obtain access to this event.
  • “The Purchase Agreement”: The Purchase Agreement concluded between the Organizer and the User regarding the purchase/sale of Tickets for access to an event organized by or on behalf of the Organizer. Tickoweb is not a party to the Purchase Agreement.
  • “Platform”: The online environment developed by Tickoweb that it makes available to the Organizer and User for the sale or purchase of tickets for various events organized by or on behalf of an Organizer.
  • “Services”: The opportunity that Tickoweb offers to Users to purchase one or more Ticket(s) via the Platform for an event organized by or on behalf of the Organizer.

3. Applicability of the Terms of Use

3.1 These Terms of Use apply to the Agreement established between Tickoweb and the User regarding the use of the Platform and the Services of Tickoweb, to the exclusion of any general or specific terms and conditions of the User.
3.2 By contacting Tickoweb, creating an account on the Platform, or placing an order via the Platform, the User accepts these Terms of Use. If the User does not agree with these Terms of Use, he/she should not use the Platform or the Services of Tickoweb.
3.3 The invalidity of one or more clauses in these Terms of Use does not entail the invalidity of the rest of the Terms of Use or the agreement. The User and Tickoweb undertake to replace the invalid clause(s) with a valid clause that will correspond to the original intention of the parties and the spirit of the Agreement, or be as close to it as possible.
3.4 Tickoweb reserves the right to amend these Terms of Use at any time and to adapt them to developments in the Services, developments in technology, legislation, jurisprudence, or upon the introduction of new Services. Tickoweb will always inform the Users in writing of any changes to these Terms of Use. In addition, these Terms of Use can always be consulted on this page https://www.tickoweb.be/algemene-voorwaarden-ticketkopers. The User has the right at all times to terminate his/her account on the Platform if he/she does not agree with the changes.
3.5 If Tickoweb and the User conclude a separate written agreement, the provisions of the separate agreement will take precedence over these Terms of Use, insofar as this has been agreed in writing by Tickoweb. These Terms of Use will then serve as supplementary law, where applicable.

4. The Platform and the Services

4.1  The Services of Tickoweb for Users consist of providing access to the User to the Platform for the purchase of Tickets for an event of an Organizer, whereby for each separate purchase of a Ticket, a remote Agreement is concluded directly and on a one-off basis between Tickoweb and the User for the use of the Platform.
4.2 The User gains access to the Platform and can use the Services by creating an account on the Platform and filling in all requested information.
4.3 Tickoweb acts solely as a facilitator of the Platform and is expressly not a party to the Purchase Agreement established between the Organizer and the User. At no time will there be a Purchase Agreement between Tickoweb and the Organizer, nor between Tickoweb and the User.
4.4 Tickoweb may temporarily take the Services and/or the Platform or a part thereof out of operation for the purpose of (planned and unplanned) maintenance, or modifications or improvements to the Services and/or the Platform. Tickoweb is entitled to change the functionalities of the Services and/or the Platform from time to time.
4.5 The User is responsible for and guarantees the correctness, completeness, and accuracy of all information and data provided to Tickoweb, even if these originate from third parties, and declares to have lawful disposal over them. Tickoweb is not liable for delayed or unclear transmission of information or manifest writing errors, regardless of who the information concerns or to whom it is provided.
4.6 Tickoweb may take all measures it deems necessary, including but not limited to blocking the purchase of Tickets on the Platform and/or (temporarily) suspending or restricting the use of the Platform. More specifically, access to the Platform may be refused or restricted, depending on the commercial history of the User and his behavior on the Platform, all at the discretion of Tickoweb.
4.7 Tickoweb is entitled to take the Platform out of operation or restrict its use without prior notice and without stating reasons, and without owing any compensation to the User.

5. Ticket prices and payments

5.1 Users wishing to use the Platform and the Services must create an account on the Platform.
5.2 The selling price of a Ticket is made known to the User on the Platform and is always inclusive of VAT and exclusive of additional costs. Any additional costs are always shown separately before the User finalizes the order. No costs other than the displayed costs are calculated. The statement of price relates solely to the events as described verbatim. Any accompanying photos are intended for decorative purposes and may contain elements not included in the price.
5.3 The User can pay for the Ticket online via the payment methods offered on the Platform. The amount due is paid directly by the User to Tickoweb, which in turn will transfer this amount to the Organizer.
5.4 The displayed prices are at all times the responsibility of the Organizer. Tickoweb does not intervene in this and in no case determines the price for which Tickets are offered by the Organizer. The Organizer may change the prices for Tickets at any time. 
5.5 The purchase and payment of a Ticket by the User takes place via the Platform. After completing the requested payment, the User receives (a hyperlink to) the purchased Ticket by email and/or by post or a confirmation email, depending on the offer of the Organizer.

6. Events

6.1 The User accepts that the use of Tickets as well as access to events for which a Ticket has been purchased may be subject to the Organizer's own terms and conditions. Tickoweb is not responsible for these further conditions and therefore accepts no liability for any damage suffered by the User as a result of the further conditions.
6.2 The User accepts that the Organizer may reserve the right at all times to deny visitors access to the event, based on internal regulations.
6.3 Tickoweb is purely a facilitator of the Platform and can under no circumstances be regarded as an Organizer. Tickoweb is therefore not responsible for and grants no guarantee regarding the quality and content of the event and the course of affairs in or around the location where the event takes place and/or cancellations, and accepts no liability whatsoever on this basis.

7. Cancellation of events and refund of Tickets

7.1.Tickoweb may, on the instructions of the Organizer, proceed to refund a purchased Ticket to the User (for example, in the event of the cancellation of an event). 
7.2 In the event of a refund, the User will receive the amount of the Ticket back, where appropriate after deduction of the Service Costs paid by the User and any other costs. It is the Organizer's decision whether the full amount (including Service Costs and any other costs) or the partial amount (excluding Service Costs and/or any other costs) is refunded. 
7.3 Tickoweb never proceeds to a refund without the cooperation and instruction of the Organizer.

8. Right of withdrawal

8.1 The User is aware and accepts that the Organizer, pursuant to Article VI.53 of the Code of Economic Law (CEL), can exclude orders for Tickets for certain events from the right of withdrawal for consumers, but only if this is clearly stated with the offer to the User, at least in good time before the conclusion of the agreement. In accordance with Article VI.53,12° CEL, the right of withdrawal does not apply to contracts for the provision of accommodation other than for residential purposes, transport, car rental services, catering, and services related to leisure activities, if the contracts provide for a specific date or period of performance.

9. Liability and force majeure

9.1 Tickoweb solely grants the User access to the Platform and allows him/her to make use of the Services. Tickoweb acts in no way as a mediator, agent, insurer, or employer, neither for the Organizer nor the User. 
9.2 Tickoweb and/or its appointee(s) are never liable to the User for any errors regarding (information about) the Tickets or the price thereof. It is the exclusive responsibility of the Organizer to check all information to be published on the Platform before it is published, regardless of whether this is done by the Organizer themselves or by Tickoweb. Tickoweb is under no circumstances liable to the User for interim price changes regarding Tickets, as implemented by the Organizer, as well as for spelling and/or typographical errors regarding the prices of Tickets mentioned on the Platform. 
9.3 In the event of force majeure, Tickoweb may suspend the execution of the agreement in whole or in part, and this for the duration of the force majeure. Tickoweb is not liable for any direct or indirect damage in the event of force majeure. Force majeure is the situation in which an unforeseeable and unavoidable event occurs, beyond the debtor's control, and which constitutes an insurmountable obstacle to the fulfillment of the obligation or commitment.
9.4 The liability of Tickoweb and/or its appointee(s), both contractual and non-contractual, is always limited to direct damage and can only be invoked insofar as this would be the result of intent, its gross negligence or that of its appointees or agents, or, except in cases of force majeure, for the non-performance of an obligation that forms one of the main performances of the agreement. Tickoweb and/or its appointee(s) is never liable for or obliged to compensate for immaterial, indirect, or consequential damage, including (but not limited to) loss of profit, loss of turnover, loss of income, production limitations, administration or personnel costs, an increase in general costs, loss of clientele, or third-party claims.
9.5 If one of the parties does not, only partially, or incorrectly executes the agreement, the party that has suffered damage will notify the other party of this in writing within 14 (fourteen) calendar days, stating the reasons and providing an estimate of the damage suffered.
9.6 The total liability of Tickoweb and/or its appointee(s), both contractual and non-contractual, can in any case never be higher than the Service Costs charged by Tickoweb for the use of the Platform.
9.7 Following a notice of default from the User, Tickoweb always has the right to repair the shortcoming. 
9.8 Tickoweb may adapt, limit, or expand the form and content of its website and the Platform at its own discretion. Although Tickoweb strives to keep the website and the Platform functioning optimally and secured at all times, possible malfunctions, interruptions, loss of data, or unintentional spread of viruses or malware can never be ruled out. Tickoweb cannot be held liable for this.
9.9 Tickoweb is not liable for damage caused by phishing, farming, or other forms of internet fraud or other criminal activities.
9.10 Tickoweb is in no way liable for any damage suffered by the User and/or the Organizer in connection with the event organized by or on behalf of the Organizer.
9.11 Tickoweb is in no way liable for the loss or damage of Tickets by the User, or from any cause whatsoever. From the moment a Ticket is made available to the User, the risk of loss, theft, damage, or misuse of the Ticket therefore rests with the User.

10. Indemnification

10.1 The User indemnifies Tickoweb against all claims from third parties for compensation for damage or otherwise, which directly or indirectly relate to the execution of the Agreement between Tickoweb and the Organizer.

11. Termination

11.1 The User can choose at any time to terminate the Agreement with Tickoweb by discontinuing his/her account via the Platform. 
11.2 Tickoweb reserves the right to terminate the Agreement immediately, without judicial intervention and without becoming liable for damages to the Organizer, if the User fails to meet payment obligations or if Tickoweb suspects that the User has committed fraud, provided false payment details, or if Tickoweb otherwise notes irregularities.
11.3 If the User has already received performances in execution of the Agreement upon termination of the Agreement, these performances and the related payment obligation will remain fully valid. The amounts invoiced by Tickoweb to the User prior to the termination remain fully due to Tickoweb and become immediately payable at the time of termination.
11.4 Upon termination of the Agreement, Tickoweb is entitled to immediately deny the User all access to the Services and/or the Platform, and Tickoweb will delete or make inaccessible all stored data, including any Tickets. In that case, Tickoweb is not obliged to provide the User with a copy of the Tickets.

12. Intellectual property rights 

12.1 Tickoweb grants the User a revocable, non-exclusive, non-transferable, limited license to use the Platform. Access to and use of the Platform are strictly personal. The User may not share his/her access to the Platform with a third party without the prior written permission of Tickoweb. The User is not allowed to misuse the Platform in any way. The information that the User provides on the Platform will not infringe on any laws and regulations.
12.2 All intellectual property rights concerning the Platform and the Services, including but not limited to source codes, databases, trademarks, designs, images, and copyrights relating to the graphical user interface, are exclusively managed by Tickoweb.

13. Collection and processing of personal data

13.1 Tickoweb collects and processes the personal data it receives from the Organizer and/or User for the purpose of completing and finalizing the registration to create an account on the Platform and to place an order, offering the Services, accounting, customer management, etc. Tickoweb may collect and process personal data in the context of direct marketing activities insofar as they have obtained consent for this. The collection and processing of personal data is always carried out in accordance with the General Data Protection Regulation and the relevant Belgian legislation. The legal grounds are the execution of the agreement, compliance with legal and regulatory obligations, and/or legitimate interest.

14. Applicable law and jurisdiction

14.1 In the event of a dispute between Tickoweb and the User concerning the validity, execution, or interpretation of these Terms, the Agreement, or the Services of Tickoweb, which cannot be resolved amicably, Belgian law applies and the courts of Antwerp, Turnhout division, have exclusive jurisdiction.