Terms and Conditions – Holibiza

The provisions in this document contain the rules and obligations regarding the provision of services through our website (the Service(s)). By using the Services, you indicate that you have read, understood and agree to these terms and conditions and agrees

If you do not agree to any of these terms or future changes, please do not use our Services or the Holibiza website at www.holibiza.com (the website).

Please read these Terms and Conditions carefully to ensure you understand each provision, as well as to acknowledge and agree that Holibiza is not a party to any agreements entered into between buyers and sellers of tickets on our Website.

Holibiza has no control over the behavior of buyers and sellers and disclaims all liability in this regard.

 

  1. Definitions
  2. Services means the services offered by Holibiza through the Website related to facilitating the sale of event tickets by Organizers to Buyers through the Website.
  3. User means both Buyers and Organizers under these Terms and Conditions.
  4. Holibiza means the platform owned by Holibiza, A.P Wolvers, a company established in the Netherlands under Chamber of Commerce number 81420331, registered Anemoonstraat 20, 1541AW, Koog aan de Zaan, which offers the Services under these General Terms and Conditions.
  5. Order amount means the total of the ticket price, the service costs and the transaction costs to be settled by the Buyer.
  6. Organizer is the party that offers the tickets via the Website for sale to Buyers.
  7. Agreement means the legally binding agreement entered into between Holibiza and the User, which is concluded when the User creates an account on the Website and thereby accepts these General Terms and Conditions.
  8. Balance means the amount that Holibiza must pay to the Organization.
  9. Website means our website at www.Holibiza.com, where the Services are advertised.

 

  1. General Provisions
  2. These General Terms and Conditions apply to the relationship between Holibiza and each User on the Website.
  3. Holibiza is a platform where a Buyer has the opportunity to buy tickets for events offered by Organizers .
  4. All General Terms and Conditions used by a User are hereby expressly rejected for the relationship between Holibiza and the User.
  5. When Buyers purchase a ticket from an Organizer, they enter into a contract directly with the Organizer. Holibiza is not a party to this contractual relationship between Buyers and Organizers.
  6. Nothing in these Terms and Conditions suggests that Holibiza owns, (re)sells, passes on, manages, offers or delivers any tickets offered by an Organizers. The Organizers are responsible for their own offerings.
  7. By registering data on our website, or by using the Services provided by Holibiza, the User agrees to be bound by these Terms and Conditions. If the User does not accept all the Terms and Conditions, the User must not use or access the Website and/or our Services.
  8. By registering as a User on the Website, the User warrants and represents that it (A) can enter into legally binding contracts and (B) agrees to these Terms and Conditions.
  9. These Terms and Conditions, together with all amendments, all documents referred to, and all other legal notices and agreements published by Holibiza through the Services, constitute the entire legal agreement between the Customer and Holibiza with respect to the Services.
  10. In case that one or more of the provisions in these General Terms and Conditions are found to be invalid in whole, or in part, the other provisions will remain in force. Holibiza will formulate new provisions to replace the void provisions, with careful consideration of the scope of the original provisions.
  11. Holibiza is entitled to unilaterally change these General Terms and Conditions. The amended Terms and Conditions are immediately applicable to new Users and 30 days after notification to existing Users.
  12. The use of the Services is also subject to our Privacy Policy, which applies to the personal data of both Buyers and the Organizer.

 

  1. Registration and use of the Services
  2. The User must register on the Website to create an account (the “Account”) in order to access the Services on the Website.
  3. The User must provide accurate, truthful, complete and up-to-date information regarding registration on the Website.
  4. Users can deactivate their Account at any time
  5. The User must keep the login details of the Account secret and not pass them on to third parties. Holibiza will never ask Users to disclose this information. If Users are asked for their login details by third parties, they must under no circumstances provide this information, but must inform Holibiza immediately. If a User notices that

an Account is used by an unauthorized third party, the User must immediately report this to Holibiza and change the password.

  1. If a User suspects that another User has provided false information, the User must inform Holibiza immediately.
  2. Holibiza has the right to limit your activity on the Website or to refuse your registration on our Website without prior notice for any reason, but in any case after a violation of these Terms and Conditions.
  3. The User hereby agrees that if Holibiza reasonably suspects that the User has provided false information, Holibiza is entitled to perform identity checks on the User. In this case, Buyers must immediately send proof of identity to Holibiza and Organizers must send confirmatory documentation that the Promoter is a legitimate business.
  4. Holibiza will use commercially reasonable efforts to ensure that the offerings uploaded to the Website by Organizers are as faithful and accurate a representation as possible of the tickets and events.
  5. Buyers acknowledge that Organizers – and not Holibiza – are solely responsible and liable for the accuracy of the content they upload to the Website.
  6. The Organizer itself has the option to publish an event on the Website. However, Holibiza reserves the right to exclude or remove any published event without giving any reason or notice.
  7. The User shall not directly or indirectly:
  8. Violate these Terms and Conditions;
  9. monitor content on the Website using robots, spiders or other automatic devices;
  10. Use the Website and Services on the Website for a purpose other than buying and/or selling tickets for events;
  11. Post material to the Website that violates any applicable criminal or other laws, or encourages such violations;
  12. Use the Website in any way that could put any computer system or network at risk, including by using a virus;
  13. Post or transmit information that is false in any way, is fraudulent or misleading, or performs any act that may be considered “phishing” (primary, secondary or otherwise) or may give rise to criminal or civil liability; or
  14. Post any unlawful, threatening, abusive, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, or profane material.

 

  1. Closing an Account
  2. Holibiza reserves the right to immediately suspend, restrict or terminate User’s access to any or all of the Services for any reason, including but not limited to:
  3. Holibiza reasonably believes it should do so to protect its reputation to protect;
  4. Holibiza is required to do so under any applicable law, regulation or court of any other authority to which we are subject in any jurisdiction;
  5. Holibiza reasonably suspects that the User is acting in violation of these Terms and Conditions;
  6. Holibiza is concerned about the security of the Account or that the Services are being used in a fraudulent or unauthorized manner;
  7. An Organizer or Buyer tries to circumvent Holibiza and immediately makes or wants to make a purchase outside Holibiza;
  8. An Organizer or Buyer has informed Holibiza of unreasonable behavior by the User towards the Organizer or Buyer; or
  9. Holibiza suspects or has evidence that the User is using a false identity.
  10. If the User himself decides to end the relationship with Holibiza, the User can deactivate the Account by following the relevant instructions.

 

  1. Purchase of tickets
  2. When a Buyer buys a ticket from an Organizer via the Holibiza platform, the Buyer is bound by this purchase. Once a ticket has been purchased, this purchase cannot be changed, unless the Organizer gives explicit permission for this.
  3. A purchase of a ticket from an Organizer may be subject to any general terms and conditions used by the Organizer. The Organizer must clearly communicate such additional terms and conditions to the Buyer prior to purchasing a ticket.
  4. The Organizer expressly authorizes Holibiza to process the payment by the Buyer to Holibiza. However, it is the responsibility of the Organizer to inform (potential) Buyers sufficiently and clearly about the role of Holibiza

and that Holibiza will not form part of the contractual relationship between the Buyer and the Organizer at any time.

  1. The Buyer is responsible for paying the entire payment through the Holibiza platform to purchase a ticket. If a digital payment is not successful, the ticket will not be purchased by the Buyer and the purchase will not be reported to the Organizer.
  2. The Order Amount that the Buyer must pay consists of the ticket price, service costs of € 0.95 per ticket and the transaction costs, depending on the chosen payment method
  3. Holibiza reserves the right to change the rates for the service costs and transaction costs at any time. Holibiza will inform the Organizer of this in good time before the new rates come into effect.
  4. The Organizer also has the option to reimburse the service costs itself, which means that these will be deducted from the Order amount before the Buyer pays.
  5. The amount transferred by the Buyer, after deduction of the applicable compensation from Holibiza, will be transferred to a (bank) account specified by the Organizer.
  6. All prices and rates indicated on the Website include VAT. Typing errors and price changes are reserved.
  7. If a Buyer has any questions about an Organizer’s offer, the Buyer must contact the Organizer immediately. The Organizer must handle all questions and complaints independently and in a reasonable manner. If the Organizer does not do this, Holibiza can be used as an intermediary.

However, Holibiza is not responsible or liable in any way whatsoever for the handling of questions and complaints as these are part of the contractual relationship between the Buyer and the Organizer.

  1. The Organizer itself arranges the cancellation policy with regard to organized events. Any cancellations must be settled between the Buyer and the Organizer.

 

  1. Payment to and refunds by the Organize
  2. Payment to the Organizer can only be made if the Organizer has provided complete and accurate information.
  3. The Balance will be paid out to the Organizer once a week, provided that the Organizer has a Balance of at least €5.00. Only bookings processed by Holibiza and the payment providers Holibiza works with will be paid out.
  4. Holibiza can only refund amounts to Users if the Balance of the Organizer is sufficient. If this is not the case, Holibiza will hold the refund until there is enough Balance available. The Organizer can increase the Balance itself.
  5. In the event of any chargebacks by the Buyer, Holibiza will charge the Organizer for the additional costs. This may cause the Promoter’s Balance to become negative. Negative Balances must be topped up by the Organizer within 14 days. If the Organizer does not do this in time, Holibiza is entitled to charge any collection costs and statutory interest on the outstanding amount.
  6. If a chargeback takes place after a ticket has been released to the Buyer, the Organizer is responsible for invalidating this ticket.
  7. If Holibiza has a reasonable suspicion, at its own discretion, that the Organizer cannot pay any chargebacks and/or refunds to Holibiza, Holibiza has the right to withhold payment of the Balance indefinitely.
  8. The Organizer has the right to request an overview of payments of the Organizer’s tickets by Buyers on the Website.

 

  1. Liability, Indemnification and Force Majeure
  2. There is no attributable shortcoming of Holibiza in case of force majeure. In these General Terms and Conditions, force majeure means any circumstance independent of the will of Holibiza that permanently or temporarily prevents the fulfillment of the Agreement, as well as – insofar as not already included – war, danger of war, civil war, riot, strike, transport difficulties, natural disasters, an epidemic or pandemic, computer failures, power outages, staff illness and all of external causes, foreseen or unforeseen, on which Holibiza cannot influence.
  3. Holibiza does not guarantee the continuous and uninterrupted availability and/or accessibility of the Website. Holibiza reserves the right to limit the availability of the Website or certain parts thereof, if this is necessary in connection with capacity limits, security or maintenance to perform on the Website. Holibiza may improve and change the website and introduce new features from time to time. Where possible, maintenance will be performed at a time when User’s use is least affected.
  1. Holibiza is not liable for any damage caused by the performance of a contract between the Buyer and the Organizer, except in the event of intent or willful recklessness on the part of Holibiza, if demonstrated by the User(s). If an Organizer does not fulfill its agreements with regard to an event or ticket sufficiently, the Buyer must hold the Organizer liable, not Holibiza. Buyers cannot appeal to Holibiza for a refund.
  2. To the fullest extent permitted by applicable law, in no event shall Holibiza be liable for any lost profits or indirect, consequential, special, incidental, or punitive damages arising out of, based on, or arising out of the Website, your use of the Website, and/or any transaction between an Organizer and Buyer.
  3. The User indemnifies Holibiza against all claims from third parties for compensation of damage. If Holibiza is held liable by a third party in relation to its relationship with the User, the User is obliged to pay Holibiza all costs related thereto and is obliged to assume responsibility for the liability directly.
  4. The User is liable for all damage incurred by Holibiza as a result of a shortcoming attributable to the User in the fulfillment of the obligations arising from these General Terms and Conditions.
  5. Holibiza provides the Website and Services on an ‘as is’ and ‘as available’ basis. Any implied warranty of quality and fitness for a particular purpose is hereby excluded.
  6. All transactions conducted through our Website are entirely at your own risk. To the fullest extent permitted by applicable law, Holibiza excludes all liability for claims, demands, losses, damages, costs and expenses arising out of or in any way related to our Services and Website.
  7. Organizers provide information about their offer in good faith. Holibiza has no influence on the condition or nature of the offer and the tickets. The Buyer must undertake to use prudent, common sense and safe trading when the Buyer uses the Website to purchase tickets.

 

  1. Intellectual Property
  2. The User hereby indemnifies Holibiza against all claims for infringement of intellectual property rights committed by Holibiza as a result of materials provided by the User/uploaded by the User on the Website.
  3. By uploading certain content to the Website, the User grants Holibiza a royalty-free, irrevocable, non-exclusive, sublicensable, worldwide license to use such content on the Website, on Holibiza’s social media, or for other marketing purposes or market research.
  4. Unless otherwise agreed in writing, Holibiza retains all rights and powers to which it is entitled with regard to the intellectual property on the Website and all works produced by it. The property of Holibiza’s works such as texts, images, ideas, concepts, scripts, illustrations or (test) designs, etc., therefore remains the full property of Holibiza. The above elements that are part of the works produced by Holibiza may not be reproduced, reproduced or modified without the written permission of Holibiza.
  1. In general, Users are prohibited from using Holibiza’s trademarks, logos, slogans and service marks for any purpose.

 

  1. Privacy and Personal Information
  2. Both the Organizer and Holibiza will comply with all applicable requirements under the General Data Protection Regulation (EU 2016/679) and any amendment or replacement thereof as in effect from time to time (the “GDPR”). 2. Under these Terms and Conditions, the Organizer is the “Controller” and Holibiza the “Processor” (whereby Controller and Processor have the meaning such as defined in the GDPR).
  3. Due to the nature of the Services, Holibiza will have access to Users’ personal data. This Article 9 will apply as a processing agreement between the Organizer and Holibiza with regard to the processing of this personal data by Holibiza.
  4. Both Holibiza and the Organizer will at all times comply with the provisions in the GDPR and this Article 9. Holibiza must also comply with the reasonable instructions of the Organizer with regard to the processing of personal data.
  5. Holibiza has the right to engage sub-processors for the processing of Users’ personal data. Holibiza will impose obligations on these sub-processors regarding the personal data that are equal to Holibiza’s obligations under these General Terms and Conditions.
  6. Holibiza ensures that appropriate technical and organizational measures are taken to protect against unauthorized or unlawful processing of personal data and against accidental loss, destruction of, or damage to personal data.
  7. Holibiza will immediately inform the Organizer of a data breach in connection with personal data of Users. All reasonable information required by the Organization for reporting the data breach will be provided by Holibiza.

 

  1. Complaints procedure
  2. Complaints about the Services or a User must be fully and clearly described to Holibiza within a reasonable time after the User has discovered any defects.
  3. The User must give Holibiza at least two (2) weeks to resolve the complaint in mutual consultation.

 

  1. Applicable Law
  2. These Terms and Conditions are governed by and construed in accordance with Dutch law.
  3. The court closest to the aforementioned Holibiza business address is authorized (in the first instance) to take cognizance of any dispute between Holibiza and the Customer, unless the law prescribes otherwise.
  4. The parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.

 

  1. Contact
  2. Questions about the terms and conditions can be sent to info@holibiza.com
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