General Terms and Conditions of Participant
Version
2015-1
Definitions:
General Terms and Conditions:
These General Terms and Conditions of Delft Congress Support B.V. (hereinafter to be referred to as: DCS).
Delft Congress Support B.V. (DCS):
The private company with limited liability, [entity] – Chamber of Commerce number [kvk], having its registered office in Delft and principal place of business in Delft at Phoenixstraat 28b (2611AL)
Ticket:
The document (digital or otherwise) giving access to the Event.
Event:
The occasion for which the ticket has been purchased.
Consumer:
The party making a purchase (of a ticket) through DCS.
Content Organiser:
The party that commits to and is responsible for the organisation (and execution) of the event at the venue.
Venue:
The location where the event is held.
Agreement:
The agreement between DCS and the Consumer for obtaining a Ticket to an Event.
Service and/or administrative charges:
The costs are calculated on the basis of the purchase of a ticket.
Conditions
1. Applicability
1.1 These General Terms and Conditions apply to all legal relationships and agreements where DCS provides products or services of any nature whatsoever to the Consumer.
1.2 The applicability of any terms and conditions of the Consumer is expressly rejected.
1.3 DCS is entitled to amend the General Terms and Conditions and to declare the amended general terms and conditions applicable to the Agreement. The most recent version of the general terms and conditions can be found on the DCS website.
1.4 The parties may only agree in writing to amendments to the General Terms and Conditions.
1.5 The general terms and conditions of the organiser of the Event and the General Terms and Conditions of the holders/owner of the Venue apply to this Agreement. A copy of these conditions can be requested (free of charge) from the Content Organiser or the holder/owner of the Venue. In the event of any conflict between these General Terms and Conditions and the aforementioned terms and conditions, the provisions in these General Terms and Conditions will prevail.
2. Conclusion of agreement
2.1 DCS is hired by the Content Organiser to undertake the specific part of the organisation concerned with arranging the online facilities, information sources, network facilities, registration and e-learning of the Event (hereinafter: online facilities) and the offer and sale of Tickets. The Ticket gives the Consumer partial access to these online facilities provided by DCS. In as far as it is part of the package pertaining to the Ticket which the Consumer purchases, an Agreement regarding access between the Consumer and the Content Organiser also becomes effective with regard to the physical event. With respect to the Agreement regarding access to the physical event, DCS is an intermediary and not a party (and therefore does not form part) of the Agreement regarding access which becomes effective by the purchase of a Ticket. The Agreement regarding access becomes effective after the Consumer has purchased one or more Tickets through DCS. DCS provides the package elements regarding access to the physical event on behalf of the Content Organiser.
2.2 The Consumer must always check if the correct Tickets have been booked, prior to confirming a booking. The Consumer must always use a correct address or e-mail address and/or contact information when making the booking. If the Consumer opts to receive the Tickets electronically, the risk of loss, theft or misuse of the Ticket lies with the Consumer from the moment that the Tickets have reached him.
2.3 In case of any doubts about the accuracy of the details filled in by the Consumer when making the booking, DCS may contact the Consumer using the details filled in by the Consumer. If DCS cannot reach the Consumer and is therefore unable to verify the details, DCS may cancel the booking and sell the Tickets to another Consumer. If DCS has doubts about the accuracy or validity of the details filled in by the Consumer when placing a booking, or suspects any fraudulent activity, or has doubts about the payment method used by the Consumer, DCS is entitled to cancel the Consumer’s booking and sell the Tickets to another Consumer. DCS undertakes to inform the Consumer in such case. Every Agreement is entered into under the suspensory condition that there is sufficient availability of the products or services in question.
2.4 DCS and/or the Content Organiser retain the right to set a maximum for the number of Tickets for sale. In the event this maximum is exceeded by the Consumer, DCS and/or the Content Organiser is entitled to nullify the booking of the number of Tickets above the maximum or to render these Tickets void.
2.5 Tickets may not be returned. Any purchase of a Ticket is irrevocable for the Consumer. It is not possible to make amendments to any Agreements which have become effective. The statutory reflection period for distance selling on the basis of Section 7:46i (3) of the Dutch Civil Code does not apply to the Tickets.
3. Payment method / Prices
3.1 DCS sells Tickets in conjunction with the Content Organisers, who determine the price and the number of available places. Information regarding price and availability are provided without obligation and subject to change.
3.2 For the products or services booked through the website, the Consumer pays the price stated in the Agreement. Payment takes place in the manner indicated on the DCS website. Further conditions (payment or booking) may be imposed on the booking.
3.3 All DCS’ prices as stated on the website are in euros including VAT unless expressly stated otherwise.
4. Delivery
4.1 The Tickets are sent to the address or email address provided by the Consumer when placing the order. DCS will consider the address or email address provided by the Consumer as correct until the Consumer notifies DCS in writing of a new address or email address.
4.2 The delivery periods stated by DCS shall never be considered to be strict deadlines, unless expressly agreed otherwise. In case of late delivery, notice of default should be served to DCS in writing.
4.3 Failure to meet any delivery deadline will not entitle the Consumer to compensation, nor will it entitle the Consumer to cancel the order or dissolve the Agreement, unless such failure to meet the delivery deadline is so severe that it cannot reasonably be demanded of the Consumer to abide by the Agreement.
5. Liability
5.1 It is the Consumer’s responsibility to check whether an Event has been cancelled or postponed and what the new time or venue will be. Although DCS will endeavour to inform the Consumer of the cancellation after DCS has received the necessary information from the Content Organiser, DCS cannot guarantee that the Consumer will be informed of the cancellation before the date of the Event. DCS is not responsible for any costs incurred.
5.2 In general, Tickets for postponed Events remain valid for the substitute Event. If an Event is rescheduled to another venue or date, the Content Organiser may set conditions for the refund of the ticket price.
5.3 If an Event is cancelled or postponed, the Consumer may hand in the Tickets to this Event in accordance with the regulations as stipulated by the Content Organiser. We refer you to the general terms and conditions of the Content Organiser of the event for these conditions. If the Content Organiser requests DCS to refund the ticket price to the Consumer, DCS will do so after having received the relevant sum from the Content Organiser. Service and/or administrative charges will not be refunded.
5.4 DCS may not be regarded as the Content Organiser of the Event and is therefore not responsible for and does not guarantee the quality and the content of the Event or the practices in or around the Event, and based on this fact does not accept any liability.
5.5 If and insofar as the Event is cancelled by the Content Organiser or the Venue holder, DCS will never refund to the Consumer more than the ticket price, insofar as this has demonstrably been paid to DCS. Any additional costs incurred by the Consumer for the services of DCS (service and/or administrative charges) will not be refunded. In such a case, DCS never accepts liability for any direct or indirect costs or charges and/or expenses and/or any other loss the Consumer may suffer.
5.6 If and insofar as DCS has transferred the amount paid by the Consumer regarding the delivery of the Tickets to the Content Organiser of the Event and the latter is, in case of cancellation of the Event, unwilling or unable to refund the amount to DCS, DSC is not bound to refund the amount paid by the Consumer to DCS.
5.7 DCS can never be held liable for any loss or damage as a result of accidents, injury, loss, damage or theft caused by the Consumer prior to, during or as a result of a visit to an Event or Venue.
5.8 If and insofar as DCS cannot, as a result of force majeure, meet its responsibilities in whole or in part to the Consumer, the Consumer may not derive any rights to compensation.
5.9 Force majeure refers to any failure which cannot be attributed to DCS, because it cannot be blamed on it nor deemed to be its responsibility in accordance with the law, legal act or generally-held views. As a result of force majeure, DCS has the right to suspend the performance of the order.
5.10 DCS accepts no liability whatsoever for any loss or damage to Tickets by the Consumer for any reason whatsoever. From the moment the admission ticket has been made available to the Consumer, the risk of loss, theft, damage or misuse of the Ticket therefore lies with the Consumer.
5.11 DCS accepts no liability whatsoever for the purchase and delivery of Tickets not conducted at DCS.
5.12 If the Consumer fails to receive the tickets it booked, or does not receive them on time, DCS will never in such cases accept liability for any directly or indirectly incurred costs and charges and/or expenses and/or any other loss which the Consumer may suffer as a result thereof.
5.13 Insofar as liability of DCS is excluded or limited, this also holds for the liability of subordinates and/or auxiliary persons of DCS.
6. Tickets
6.1 The Tickets distributed by DCS remain the property of DCS and are delivered to the Consumer under the condition that without prior written consent from the Content Organiser and/or DCS it is not permitted to sell the admission ticket to third parties or in any other way commercially provide them directly or indirectly to third parties, or to offer or use the admission ticket in commercial communications in any way whatsoever. In the event of any violation of the aforementioned condition, DCS and/or the Content Organiser is entitled to render the admission ticket invalid. Holders of invalid admission tickets will be denied access to the Event, without entitlement to compensation.
6.2 On receipt, the Consumer must check the Tickets to correct any mistakes. After purchase the Tickets may not be exchanged or refunded.
6.3 The intellectual property rights attached to the Ticket belong to DCS, the Content Organiser or the licensor. The Consumer will refrain from behaviours that could prejudice the rights or other interests of DCS, the Content Organiser or its licensor in this matter.
6.4 The Consumer is not permitted to remove or change any description regarding copyrights, trademarks, trade names or other rights of intellectual or industrial property of the Ticket or to make any alteration to the form or to any other feature of the Ticket.
6.5 The Agreement does not serve to transfer any intellectual property right to the Consumer whatsoever.
7. Privacy
7.1 DCS will process the personal data of the Consumer in accordance with the Personal Data Protection Act (Wet bescherming persoonsgegevens). The data will be collected, processed and used by DCS in an automated system for the explanation, design or amendment of the Agreement to the extent to which this is necessary. For further information DCS refers to the privacy statement on its website. The data as referred to in this article will be stored for a maximum of 12 months.
8. Third-party rules of conduct (Content Organiser and Venue)
8.1 The Consumer must at all times comply with the applicable rules and rules of conduct of the Content Organiser and Venue holder regarding the Event for which DCS provides the Tickets.
9. Fraud / irregularities
9.1 DCS is at all times entitled to discontinue the implementation of the Agreement or to cancel orders if it suspects fraud, deceit, abuse or if – in its opinion – damage is being caused to DCS or the participating companies. DCS is entitled in such cases to file a report with the police, or with the competent authorities.
10. Amendments to General Terms and Conditions
10.1 DCS reserves the right to amend these terms and conditions. The amendments will take effect as soon as the new terms and conditions have been posted on the DCS website.
11. Applicable law and choice of forum
11.1 This Agreement is subject exclusively to Dutch law.
11.2 The competent court of the District Court of Midden-Nederland has exclusive competence in the first instance over any disputes that may arise in connection with the Agreement or any ensuing or related (further) agreement that may arise therefrom.