Terms & Conditions
article 1-Definitions
article 2-Applicability
article 3-Agreement
article 4-Prices, costs and payment
article 5-Delivery
article 6-Personalisation
article 7-Cancelled or postponed events
article 8-Liability
article 9-Force Majeure
article 10-Complaints procedure
article 11-Privacy
article 1 – Definitions
The capitalised terms below are defined as follows in these General Conditions:
a) General Conditions: these General Conditions of Tixsphere;
b) Event: the organised national and international event(s), including sporting, recreational, musical, and cultural events, for which Tixsphere sells Tickets;
c) Visitor: the visitor to the Event, whether or not the Buyer;
d) Services: services other than a Ticket, including accommodation, transport, catering and/or other leisure-related services;
e) Buyer: the natural person or legal entity that purchases a Ticket;
f) Organiser: the natural person or legal entity that organises or produces an Event and/or is responsible for the Event;
g) Agreement: the agreement between Tixsphere and the Buyer, concerning aspects such as the purchase of the Tickets, Products or Services;
h) Force Majeure: a non-attributable circumstance or failure to perform, as defined further in Article 9;
i) Products: products, other than services, offered by Tixsphere;
j) Ticket: an admission ticket for the Event;
k) Website: Tixsphere’s domain name website: www.tixsphere.com
article 2 – Applicability
These General Conditions apply to all offers, orders, legal relationships and Agreements under which Tixsphere supplies Products or Services of any nature to the Buyer, even if these Products or Services are not described or further detailed in these General Conditions. The Buyer is also bound by (i) any specific conditions stipulated as being applicable to a Ticket and/or Event; (ii) other conditions of the Organiser and/or the Event (such as house rules); and (iii) any conditions of an Event venue (such as entry conditions, force majeure, and liability).
article 3 – Agreement
a. Tixsphere is a reseller of Tickets. Tixsphere distributes Tickets, and/or offers and supplies Products and Services.
b. The Agreement takes effect when a Ticket, Product or Service is ordered on the Website and Tixsphere has received the relevant payment from the Buyer. Each Agreement is entered into under the condition precedent of sufficient availability of the relevant Tickets, Products or Services.
c. Unless agreed otherwise in writing, all offers, including advertisements and price lists on the Website, are non-binding and can thus be changed at any time.
d. Before purchasing a Ticket, the Buyer should always verify they have ordered the correct Tickets, Products or Services.
e. Tixsphere may limit the number of Tickets, Products or Services to be purchased. If Tixsphere specifically suspects that a limit is being circumvented, it may terminate all or part of the Agreement to prevent Tickets, Products or Services from being widely bought up and resold.
article 4 – Prices, costs and payment
a. In some cases, the selling price of the Tickets exceeds the price stated on the Ticket because the selling price includes all costs.
b. Tixsphere charges booking fees and/or transaction fees per Ticket, Product or Service. The Organiser determines the nominal price and the number of places available. Information about price and availability is provided without obligation and subject to change.
c. The Buyer pays the price for Tickets, Products or Services currently stated on the Website. Tixsphere reserves the right to adjust the prices on its website at any time. The Buyer accepts and indemnifies Tixsphere against the possibility of the price for the Ticket, Products or Services being reduced. Payment is made in the manner specified on the Website.
d. If the Buyer fails to pay the amounts due on time, they will owe statutory interest on the outstanding amount, with no need for a reminder or notice of default. If the Buyer still fails to pay the amount owed, Tixsphere will hand over the claim to an external party, in which case, the Buyer must, in addition to the total amount due, reimburse all judicial and extrajudicial costs, including costs calculated by external experts plus the costs established in court.
article 5 – Delivery
a. Tickets, Products and correspondence will be sent to the email or postal address that the Buyer provides through the Website.
b. Unless expressly agreed otherwise, the delivery times specified by Tixsphere will never be regarded as strict deadlines. If delivery is late, Tixsphere must be given a written notice of default. Tixsphere must deliver the Tickets for an Event before that Event.
article 6 – Personalisation
a. In some cases, the name on the Ticket is not relevant for admission to the Event and if the Ticket is resold, the name on it will not match the Buyer’s name.
b. But in some cases, tickets might have to be personalised, for example if entry to the Event is possible only if the details on the Ticket match the details on a valid ID. This can involve the Buyer having to provide names and other details to Tixsphere or the Organiser when or after ordering the Tickets. The Buyer is responsible for entering the information correctly. In some cases, the Visitor’s details can be changed afterwards for a fee. Tixsphere is not responsible for the consequential or other damage resulting from being refused admission to an Event if the Buyer provides incorrect information or if the user of a Ticket cannot identify themselves.
article 7 – Cancelled or postponed Events
a. Tixsphere will endeavour to give the Buyer due notice if an Event is cancelled or postponed, and simultaneously provide the new date, time and location of the postponed Event to the extent those details are known. Tixsphere advises the Buyer and Visitors to check for themselves whether an Event has been cancelled or postponed and whether a new date has been set.
b. If new Tickets are issued for a postponed Event, no additional fees will be charged to the Buyer.
c. If Events are cancelled or postponed because of Force Majeure (as further explained in Article 9), the Buyer may terminate the Agreement and will be entitled to a refund of the purchase price they have paid including delivery costs. In that case, Tixsphere may propose that the Buyer accepts a voucher or coupon of the same value instead of a refund of the purchase price (including delivery costs).
article 8 – Liability
a. Tixsphere is not liable to the Buyer and Visitor for any direct or indirect damage, including consequential damage, if the delivery of the Tickets, Products and Services fails because of providing an incorrect email address or delivery address, or if the Ticket is invalid because of a printing error by the Buyer. Tixsphere will never be liable for a higher amount than the Buyer has paid for the Tickets, Products or Services. Tixsphere cannot be regarded as the Event Organiser and has no influence over the quality and content of the Event and the procedures in or around the Event venue. Tixsphere therefore is not responsible, gives no guarantees in respect of the Event, and cannot accept any liability on this basis.
b. If the Buyer chooses to receive Tickets and Services electronically, the risk of loss, theft or misuse of the Ticket and Services passes to the Buyer as soon as they receive the Tickets and Services.
c. Tixsphere’s liability for an attributable failure to perform an Agreement only ever arises if the Buyer gives Tixsphere an immediate and proper notice of default in writing, stipulating a reasonable period in which to remedy the failure, and Tixsphere continues to fail attributably to comply with its obligations even after that period. The notice of default must contain as complete and detailed a description of the failure as possible, so that Tixsphere can respond appropriately.
d. The Buyer indemnifies Tixsphere against all third-party claims relating to the Buyer’s failure to comply or comply adequately with any obligation towards Tixsphere, whether or not arising from the General Conditions.
e. Tixsphere accepts no liability whatsoever for Tickets, Products and Services that the Buyer obtains from third parties. Tixsphere also cannot guarantee their authenticity.
article 9 – Force Majeure
a. Force Majeure means any circumstance and failure to perform that cannot be attributed to Tixsphere because it is neither its fault nor is it accountable by law, a legal act, or according to generally accepted standards. Force Majeure includes illness among staff, strikes, defective machinery, lack of raw materials, an epidemic or pandemic and obstructive government measures in that regard, computer viruses, business interruptions, a storm, fire, water damage, floods, war or the threat of war, riots, import and export restrictions, and roadblocks.
b. Notwithstanding its other rights, Tixsphere may suspend executing the Buyer’s order if Force Majeure occurs by notifying the Buyer in writing. Tixsphere will not have to pay any compensation unless this suspension would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
article 10 – Complaints procedure
a. Tixsphere has a sufficiently publicised complaints procedure and handles all complaints in accordance with this procedure.
b. The Buyer must submit any complaints about the performance of the Agreement to Tixsphere within a reasonable time of discovering the defects, fully and clearly describing those defects.
c. Tixsphere will endeavour to answer submitted complaints within seven days from the date of receipt. If a complaint requires a foreseeably longer processing time, Tixsphere will respond within the seven-day period, acknowledging receipt and stating when the Buyer can expect a more detailed response.
d. The Buyer must also give Tixsphere four weeks to resolve the complaint by agreement.
article 11 – Privacy
The Buyer is deemed to have taken note of Tixsphere’s privacy statement, which can be consulted on the Website, and to agree to the processing of personal data as described in that statement.