Terms of Service - Ticket Buyers

The following definitions are used in these general terms and conditions:

1. Platform:: The private limited company Biferiami B.V., trading under the name huup, established at Schoolstraat 15, 3581 PN in UTRECHT, registered with the Chamber of Commerce under number 73585505.
2. Service:: The services offered by the Platform via the website/app, consisting of facilitating the sale of (e)Tickets.
3. Organizer:: The party organizing an event and using the Platform to sell tickets.
4. User / Buyer:: The natural person or legal entity using the Platform to purchase an (e)Ticket.
5. Agreement:: The agreement between the Platform and the User regarding the use of the software.
6. Purchase Agreement:: The agreement concluded between the User and the Organizer upon the purchase of a ticket.
7. (e)Ticket:: The digital admission ticket, or physical admission ticket obtained digitally, for an event of the Organizer.

1. These terms apply to every use of the Platform and to every Agreement concluded between the Platform and the User.
2. The applicability of any other terms and conditions of the User is explicitly rejected.
3. If any provision of these terms is null and void or is annulled, the remaining provisions shall remain in full force.

1. Mediation:: The Platform enables Organizers to sell tickets. The Platform is explicitly not a party to the Purchase Agreement concluded between the Organizer and the User. The Platform acts solely as a technical service provider and financial intermediary.
2. No guarantee on event:: The Platform is not responsible for the quality, content, course, or safety of the events.
3. License:: The Platform grants the User a limited, revocable, non-exclusive right to use the Platform for personal, non-commercial purposes (purchasing tickets).

The Purchase Agreement between User and Organizer is concluded at the moment the User has completed the ordering process on the Platform and the payment has been successfully processed.

1. Prices:: All shown prices include VAT, unless stated otherwise. In addition to the ticket price, the Platform may charge service costs, transaction costs, and administration costs. These costs are clearly shown prior to payment and are non-refundable.
2. Payment:: Payment is made via the payment methods offered on the Platform. The Platform collects the funds on behalf of the Organizer.
3. Delivery:: After successful payment, the (e)Ticket is made available to the User via email (or in the app). The User is responsible for providing a correct email address.

1. No cooling-off period:: Pursuant to Article 6:230p sub e of the Dutch Civil Code, the right of withdrawal (the statutory cooling-off period of 14 days) does not apply to agreements for the provision of services related to leisure activities, if the agreement provides for a specific date or period of performance.
2. The purchase of an (e)Ticket is therefore final and cannot be unilaterally dissolved by the User.

1. Account Security:: If the User creates an account, they are responsible for keeping the login details confidential. All activities that take place via the account are at the expense and risk of the User.
2. Accuracy of Data:: The User guarantees that the provided data (such as name and email address) are correct and complete. Errors in ticketing due to incorrect input are at the risk of the User.
3. Misuse:: It is not permitted to:
   • Use the Platform for distributing malware or viruses.
   • Use automated systems (bots, spiders, scrapers) to buy tickets or collect data, unless with explicit written permission.
   • Resell tickets for profit, if this is in violation of the law or the rules of the Organizer.
4. Measures:: In case of suspected fraud or misuse, the Platform has the right to cancel orders, block accounts, and deny access to the Platform without any right to compensation.

1. Responsibility of Organizer:: The Organizer is fully responsible for changes in the programming, date, location, or cancellation of the event.
2. Communication:: The Platform will endeavor to inform the User about cancellations or changes but is dependent on the Organizer in this regard and accepts no liability for failure to inform in a timely manner.
3. Refunds::
   • In the event of cancellation, the Organizer decides on the refund conditions.
   • The Platform executes refunds solely on the instruction of the Organizer and insofar as the Organizer has made sufficient funds available to the Platform for this purpose.
   • Service and transaction costs are generally not refunded in the event of a refund, unless the Organizer decides otherwise or the law mandatorily prescribes otherwise.

1. Limitation:: To the extent permitted by law, the Platform is not liable for any damage (direct or indirect) resulting from the use of the Platform or attending an event.
2. Indirect damage:: Liability for indirect damage, including consequential damage, lost profits, lost savings, and damage due to business interruption is expressly excluded.
3. The Event:: The Platform is never liable for damage incurred during the event (such as personal injury, hearing damage, or theft). The User must address the Organizer for this.
4. Technical malfunctions:: The Platform does not guarantee uninterrupted availability of the service. Temporary unavailability due to maintenance or malfunctions does not entitle the User to compensation.
5. Maximum:: If the Platform is held liable despite the above, the liability is limited to a maximum of the amount of the service costs paid by the User for the relevant order, with an absolute maximum of € 500 per event.

1. All intellectual property rights regarding the Platform (including software, design, logos) rest with the Platform or its licensors.
2. User Content:: If the User posts content (e.g., reviews), the User grants the Platform a royalty-free, worldwide license to use this content for service provision and marketing.

The Platform processes personal data in accordance with the General Data Protection Regulation (GDPR).

1. Role division::
   • For the processing of data for the purpose of ticket sales and access, the Organizer is the 'Controller'. The Platform acts as 'Processor' in this regard.
   • For the processing of account data of the Platform itself, the Platform is the 'Controller'.
   • Further details can be found in the Privacy Policy, available on the website.

1. Complaints about the Service of the Platform must be submitted within a reasonable time, fully and clearly described via support@huup.app.
2. Complaints about the event itself (such as access, sound, catering) must be submitted directly to the Organizer.
3. These terms and conditions are exclusively governed by Dutch law.
4. Disputes shall exclusively be submitted to the competent court in the district where the Platform is established (Utrecht).