GENERAL TERMS AND CONDITIONS

The General Terms and Conditions (hereinafter referred to as the GTC) contain those terms and conditions which are referred to as the usage of the service provided by the website of https://tickething.com/. Please have resort to the service only if You agree with all clauses, and acknowledge them as obligatory clauses. This document is only available in an electronic form, (it does not constitute a written contract), concluded in Hungaran, and does not refer to conduct codex.

The general terms and conditions can be downloaded from the following link: http://tickething.com/aszf.pdf

The data of Operator:

Name: Tickething-Change Korlátolt Felelősségű Társaság

Registered office: 25. Hunyadi street, Heves, 3360

Register number: 10 09 035772

Tax number: 25566734-2-10

E-mail address: hello@tickething.com

I. General provisions:

  1. The GTC regulates the contractual relations between the buyers and sellers (hereinafter together referred to as Users) and the Tickething-Change Kft. (hereinafter referred to as Agent, the Users and the Agent hereinafter together referred to as Parties) and tickething.com website (hereinafter referred to as Website). The GTC stipulates the conditions of usage of the Website, the conditions of the service of selling and purchasing the tickets, and the rights and obligations between User and Agent.

  2. Tickething-Change Kft. as the agent, enables the registered Users to:
  • as a ticket owner (hereinafter referred to as Seller) to advertise for sale the purchased but unutilized tickets of any event , or

  • as a ticket buyer (hereinafter referred to as Buyer) purchase the tickets already advertised by other Sellers (hereinafter referred to together as Service)

Agent is only obliged to provide safe conditions on the secondary ticket market for those clients who intend to sell tickets, and those who intend to purchase tickets. Agent will not, and has never been the owner of the advertised tickets, and only handles the countervalue of the tickets until payment is full as the title of bail. This legal transaction is regulated under the Hungarian Civil Code, section 3:288-292. except the derogations stated below.

  1. User asserts by the requisition of the service that the conditions of this GTC is confessed and accepted as an obligation, furthermore that the permission for its data processing required for the Service was given as stated in the GTC.

  2. The Agent shall not become the owner of the tickets in any stage of the process; it acts as an agent between Seller and Buyer. The intermediation service facilitates the convenient and safe transaction. Buyer purchases a ticket which was offered for sale by another natural person or legal person via the system of tickething.com.

  3. Beyond the Service formulated in The GTC, User is in legal relationship with the organizer of the event (hereinafter referred to as: Organizer) in regard of the actual transaction of the event. Supplier does not take part in the organization and transaction of the event; its function and liability are restricted only to the promotion of the purchase of tickets. Liability for any service provided by the Organizer is excluded by the Agent. The obligation of the Organizer is to transact the event as it was advertised. Supplier is not liable for the performance presented by artists, sportsmen and other performers, and for the quality, the transaction, fulfilment or cancellation of the performance which were attended by the purchased ticket. Therefore, the ticket is a contract between Organizer and User, in which the Organizer takes on the transaction of the event, and User pays the countervalue of the ticket. The name of the Organizer and its other data are usually on the front of the tickets.

  4. Every natural person who has legal capacity and is at least 18 years old as well as every company can be registered and can consume the service of the Agent as a seller. Every natural person who have legal capacity and is at least 18 years old can be registered and can consume the service of the Agent as a buyer.

II. Data of User

  1. Supplier upholds its right to refuse the service for the User when justified and contact the acting authority, in the case of providing false data, false personal identity or credit card data; selling counterfeit tickets or in case of any abuse of computer system or with the tickets.

  2. User shall be liable for every sale, purchase and other activities done through the username and password by the User’s account. User accepts that the customer service of the Supplier will be informed immediately in the case of undue usage of its data, or other violation of security policy. Agent shall not be liable for the damages which arose from the undue storage of password or the handover of password, username to any third person.

  3. User states that its data given to the Agent meet the demands of reality. Agent excludes its liability for providing false, incorrect data or electronic contact details in the course of the purchase, but Agent can claim damages described above from User. Agent is liable for the performance and the display of an invoice based on the data given by User. User has the possibility to modify and supervise its data at any time. Agent is entitled to delete the apparently incorrect and false data, and in case of doubt has the right to supervise the authenticity of User, and has the right to summon the User in order to conciliate the given data.

  4. Agent is entitled to use the data of User according to its voluntary consent stated in paragraph 5. § (1) Act CXII. of 2011. and Act CVIII. of 2001. In case of a legal dispute arising from the Service, the usage of data maintains until the duration of the legal dispute or rather until the limitation of the claim.

  5. In case of the Agent issues newsletter, and the User subscribes for the newsletter, Agent has the right to send newsletters in the frequency of its discretion. User has the right to prohibit this kind of usage of its data by unsubscribing from the newsletter list any time. Agent is entitled to offer performances according to the data collected in relation with address and former purchases and according to possible interests in regard of the subscribed Users.

  6. During the process of registration User has the opportunity to provide its data only once, and not at every single purchase. User has the right to prohibit this usage of data at any time by unsubscribing.

  7. By the requisition of Service User expressively provides its consent to dispatch the data by Agent to the companies which belong to the Agent’s group of companies in the territory of Hungary and to the Organizer in order to inform User directly and immediately about the cancellation of the performance, the change of date, or any change in the substantial circumstances concerning the viewer by the Organizer or rather to arrange the redemption or exchange of the tickets.

  8. In connection of storage and usage of personal data Agent shall act with the utmost reasonable diligence. Supplier shall not be liable in the case of damages occurred in spite of the utmost reasonable diligence by irresistible offences (in particular hacking).

III. Special regulations for the purchase of tickets

  1. The visibility of the tickets available on the website depends on whether anyone intends to sell a ticket to a certain event. Therefore the number of the available tickets, the lines, sectors, and the number of seats differs from time to time. Agent excludes its liability for offering as many tickets equivalent to the number of Buyers.

  2. No possibility exists for personal purchase from the Agent, purchasing is only available via using the website: tickething.com. Concerning the Service there is no opportunity to reserve tickets without payment.

  3. The number of the available tickets for purchase is not restricted by Agent. Seller is entitled to determine the number of tickets which can be purchased together from the advertised package, and is also entitled to determine whether it is possible that only one ticket remains after purchase (single ticket).

  4. Agent is not liable for the Buyer, that the data given by Seller is correct. Buyer is obliged to contact the customer service of the Agent if the misue of the data of the ticket is obvious. The price of a ticket shall be determined by Seller in every case. The price of the ticket can either be significantly higher or lower than the face value of the ticket. In connection with this statement Buyer is not entitled to refer to paragraph 6:98. § (laesio enormis) stated in the Hungarian Civil Code (Act V. 2013.) Prices are determined in Hungarian Forints. Agent upholds its right to determine the maximum price in regard to the tickets for sale for a certain event – depending on the type of the ticket – (hereinafter referred to as maximum price). Seller can decide not to sell the advertised tickets, which cost over the stipulated maximum price or rather if the price is not modified in regard to the maximum price, Agent is entitled to delete the tickets from the website unilaterally, after notification.

  5. Buyer is not obliged to purchase the ticket if the ticket is added to the cart. In case of the Buyer does not intend to purchase the chosen ticket, it can be withdrawn, or even the whole content of cart can be deleted.

  6. Buyer makes an offer by giving its personal data, and by clicking on ’Buy’. By clicking on ’Buy’ the offer is definite and irrevocable, and Buyer is not entitled to revoke or cancel its offer. The offer does not mean that the purchase is completed. The condition of the purchase is that the Seller uploads its original e-ticket in PDF format when placing the advertisement and Buyer pays the price by using one of the available payment methods. If these two conditions are fulfilled, the sale of the ticket is completed.

  7. Agent ensures, that the purchased tickets will be electronically (e-mail) sent to the Buyer once the ticket price as well as the service fee has been paid to the Agent’s bank account Buyer pays the purchase price (as well as the service fee) of the ticket to Agent with the order to transfer the paid sum minus the service fee to the Seller if Buyer did not notify the agent within one working day following the event, that the ticket was not valid, according to the Section 26. of the GTC.

  8. The credit card will be charged automatically in the moment of the payment. The (e-Ticket and voucher) will be sent electronically and can also be downloaded from the Buyer’s profile. Agent is not liable for any kind of default which arise in accordance with transfer of money.

  9. In case of successful ticket transaction, Buyer pays a service fee including VAT, over the price of the ticket. The service fee includes the usage of the online system and the connecting services (e.g. helpdesk etc.). Furthermore, the service fee includes the payment service providers’ fee as well as other electronic payment applications. The rate of service fee is equal to 10 % of the purchased ticket’s price.

In case of a successful ticket transaction, Seller also pays a service fee including VAT. The service fee is equal to 5% of the sold ticket’s price, and is deducted from the amount Agent transfers to Seller on the first working day after the event has passed.

  1. Buyer is obliged to contact with the customer service of Agent if Buyer does not receive the purchased ticket in 24 hours, after the purchase. If Buyer defaults its obligation of notification than Buyer is not entitled to the reimbursement of the price of the tickets or any other compensation.

  2. If a performance is cancelled or its date is changed by Organizer, Organizer has the right to decide about the rules of the exchange of tickets or redemption of tickets. The date, the time and the place of performances can alter in some cases. Agent is not informed about these changes by the Organizers in every case. In accordance Buyer shall follow the news about the performances. Agent is not liable for those damages and inconvenience which arise from these changes and decisions of the Organizer.

  3. Buyer shall contact the customer service of the Agent, if any problem arises in connection with validating the ticket at the entrance. If the problem cannot be solved, and the Buyer is refused to enter the performance, Buyer is obliged to demonstrate a document written and officially signed by the Organizer at the place of performance, describing the facts and reasons of the denial of entry. Agent refunds the price as well as the service fee of the ticket to the Buyer if it becomes obvious that –based on the documents issued by the Organizer – Seller has abused power, and the ticket was used by the Seller, or any third person or the ticket has proved to be a fake and the Buyer has notified the Agent about the fact of the abuse immediately, but latest within one working day after the event has passed.

IV. Special Regulations for offering tickets to sale

  1. Offering tickets for sale is for free.

  2. Seller shall only offer tickets for sale, which are legally possessed and owned by Seller.

  3. Seller shall be fully liable for damages to the Buyer and Agent, if the damage was caused by giving incorrect or false ticket data, or selling counterfeit tickets, or selling the same ticket to more than one Buyer.

  4. Seller is entitled to determine the price of the tickets, but (due to the transaction costs) the price of one ticket cannot cost less than 5 EUR. Seller is not influenced by Agent in the determination of the price of tickets. Seller is entitled to modify the price of the tickets until it has been purchased or listing has been deleted. Therefore the price of tickets can differ from the face value of the ticket; it can be significantly lower or higher. As the Agent acts as a mediator between Buyer and Seller, Agent is not liable for the price of the advertised tickets.

  5. In case of successful ticket transaction, Buyer pays a service fee including VAT, over the price of the ticket. The service fee includes the usage of the online system and the connecting services (e.g. helpdesk etc.). Furthermore, the service fee includes the payment service providers’ fee as well as other electronic payment applications. The rate of service fee is equal to 10 % of the purchased ticket’s price.

In case of a successful ticket transaction, Seller also pays a service fee including VAT. The service fee is equal to 5% of the sold ticket’s price, and is deducted from the amount Agent transfers to Seller on the first working day after the event has passed.

  1. In case the Buyer has indicated to the Agent that some problem has occurred when validating the ticket at the entrance, Agent shall investigate the problem in its own competency, based to the evidences provided by Buyer, and shall not decide not to transfer the tickets’ price to the Seller until the end of investigation.

  2. In case Seller and Buyer can not come to a reasonable conclusion with the Agent’s assistance Agent is entitled to keep the price of the ticket as bail until the legal dispute is settled. In case the Buyer verifies that the case of reclaiming the purchase price was brought to the court in a contentious/non-contentious procedure, Agent shall deposit the price of the ticket at Court, or rather, in the case of a criminal procedure, Agent keeps the price of the ticket until the Agent is informed about the final decision of the Court.

  3. Contracting parties declare that they got acquainted and expressively accepted the special rules of bail of the GTC.

V. Rescission of the Contract

  1. The purchase can be cancelled at any time by the Buyer before clicking on “Buy” without consequences. After clicking on “Buy” the ticket is purchased by the Buyer and the right of rescission is not provided in accordance with paragraph 1. (4) b) of government decree 17/1999. (II.5.). Buyer is not entitled to exchange or withdraw the tickets.

VI. The limits of the service provided by Supplier

  1. Buyer acknowledges that the continual operation of the online system can break because of the nature of the network in spite of the preliminary knowledge and intent of the Agent. Therefore Agent cannot guarantee the error-free and uninterrupted operation of the Service and Website, or that the access to the service will be error-free and uninterrupted. Agent excludes its liability in such cases.

  2. Agent is entitled to discontinue the Service partly or totally without any prior notification as part of the maintenance of the Service and the Website and for security reasons.

  3. Agent excludes its liability for the contents and information on the Website in connection with the performance, in particular to the information provided by the Sellers and Organizers.

  4. Agent shall be liable only for damages caused intentionally or by defaults caused by serious negligence. The level of responsibility cannot exceed the value of the transaction.

  5. User acknowledges that the Agent shall not be liable for damages or abuse caused in course of the usage of wire transfer or because of the usage of credit cards.

  6. Agent excludes its liability for damages caused by User, Organizer or any third person by the breach of the Contract, unlawful action or negligence.

VII. Rules referring to the performance

  1. Organizer is obliged for the execution of the performance according to the advertised conditions. The name and other data of Organizer usually appear on the first site of the ticket. In accordance User accepts that Agent shall not be liable for the maintenance of the performance, the quality of the performances of the artist sportsmen etc. The legal relationship comes into existence between the person who exhibits the ticket, and the Organizer in connection with the performance. The details of this legal relationship are determined by the regulations of the performance and the Organizer, available on the Organizer’s website. Consequently Agent shall not be a part of the legal dispute arising in connection with the quality of the performance, or the cancellation of the performance between Organizer and User (or rather the possessor of the ticket).

  2. Unless stated otherwise on a ticket, its is freely transferable. Buyer states that the ticket shall be transferred to another person if this new possessor accepts the GTC defined in this document.

  3. There is no opportunity to substitute the lost, damaged, destroyed or obliterated tickets.

  4. The starting time indicated on the ticket is informative. The real starting time can differ from it.

  5. Certain tickets authorize a certain, defined group of users to enter the performance. (eg.: tickets for children, tickets for retired people, vocational tickets etc.). Agent does not examine the existence of authority. Organizer is entitled to supervise through its security service if the ticket owner is entitled to the usage of such special ticket. The entrance can be denied until the authority of the User is justified. In the case of denied entrance Buyer or the owner of the ticket is not entitled to claim damages.

  6. Certain tickets authorize their owner to enter to particular areas of the performance.

  7. The performances can only be visited under the visitor’s own responsibility.

  8. The performance can be recorded (image and sound recordings), in which visitors might be recorded; those visitors who were recorded are not entitled to claim any compensation from the Agent.

  9. Visitors who violate the terms and conditions of participation, the policy of the institution where the performance takes place, the orders of security service or other law enforcement officials can be removed from the performance by the order of Organizer. Agent shall not bear damages in case of this kind of exclusion.

  10. Agent is not obliged to redeem the ticket, or refund the price of the ticket in case the performance cancelled, delayed etc. by the Organizer. However, if possible Agent will do its best in order to find a reasonable solution and a possible refund by contacting both the Seller and the Organizer.

  11. In the case of the consequence of war, rebellion, terrorist attack, strike, accident, fire, blockade, flood, natural disaster, serious energy-supply trouble, or any unpredictable and unavoidable obstacle which is out of the control of Agent or User, and they are not able to fulfill their contractual obligations, than they shall not be liable for the loss or damages.

VIII. Trademarks and copyrights that appear on Website

  1. Trademarks which appear on the Website are in the exclusive ownership of Agent and other rightsholders. These trademarks cannot be used, distributed or disclosed by any third person without expressed and prior written consent of Agent or the rights holders.

  2. The documents and information available on the Website are under the protection of copyrights, and these copyrights shall be exercised by Agent and the rights holders. The documents and information available on the Website shall not be used for different purposes from the Website’s, cannot be copied, cannot be distributed, cannot be disclosed without expressed and prior written consent of Agent or the rights holders.

  3. Agent obtains exclusive and absolute right to use those remarks, reflections, suggestions, ideas which are stated by User in connection with the usage of the Website (e.g.: chat, blog, email, questionnaire etc.). Agent shall become the owner of these exclusive rights and the exercise of these rights cannot be restricted. Agent is entitled to utilize, use, disclose, adopt, delete, and publish the remarks of the User without any restrictions and without being obliged to provide consideration to User.

IX. Closing provisions

  1. Agent is entitled to avail oneself of subcontractors, and data processors. Agent shall be liable for the service of the subcontractors as if the service was provided by the Agent itself.

  2. The contract does not constitute a written contract; therefore it is not available as a filed document. The formation of the contract is certified by the electronically saved transaction data.

  3. The electronic accounting documents of the purchase are retained by the Agent at its registered office, Agent shall post the invoice of the handling charges and commission (service fee) to the User, if User requests during the process of the Service and bears the costs.

  4. The agreement between the Parties is concluded in Hungarian, German or Enlgish, depending on which language the User selects while using the Website. Regarding the specialties of the internet, the territorial scope is not restricted to the scope of Hungary.

  5. Agent informs User and User expressively acknowledges that Agent is entitled to modify the GTC unilaterally. In case of the modification of the GTC Supplier notifies User about the modification via the website: tickething.com, at least 8 days before the modification enters into force. Agent maintains its right to modify the service fee at any time. The right of modifying the service fee cannot be applied to the purchases that have already started.

  6. This GTC was originally concluded in Hungarian language, the Hungarian legislation is the governing law during its interpretation. Any issues not regulated herein shall be governed by the provisions of the Civil Code.

  7. Supplier undertakes commitment to settle the consumer disputes by alternative dispute resolution. The online platform run by the European Commission is available at the link below:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

The online dispute resolution platform requires registration in the system of the European Commission. After signing in, the consumer is entitled to file its complaint via the website, if its legal dispute was not settled with the company directly.

  1. After filing the complaint, the online dispute resolution platform shall forward it to the adverse party immediately. After this, the Parties have to agree on an alternative dispute resolution forum, which will settle their case. The platform informs the Parties about the available forums. As soon as the agreement on the dispute resolution forum is settled, the online platform forwards the complaint there.

  2. If the Parties fail to agree on a forum in 30 days, or if the platform cannot identify the dispute resolution forum with competence according to the submitted data, the complaint will not be processed.

  3. Parties expressly accept, that in case of a legal dispute accordingly to the competency they stipulate the arbitrary jurisdiction of II-III. District Court of Budapest or rather the Municipal court of Budapest.

Came into force: on the 30th of January, 2018