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As of September 11, 2012

General terms of use / Terms and conditions

  1. General

    These terms and conditions regulate the legal relationship between users (hereinafter called “customers”) and the Eventbooster AG (hereinafter called “Eventbooster”) on the one hand and, on the other, use of the EVENTS.ch platform.

    These terms and conditions are available at any time on the website www.EVENTS.ch.

    The Eventbooster AG operates a ticket sales organization under the heading EVENTS.ch. The use of the offers from Eventbooster described below presupposes that the customer creates an appropriate profile in which he or she describes his or her interests. The customer receives offers from Eventbooster (these offers also extend to further services which can be purchased through EVENTS.ch) for cultural, sporting, educational and other events via email. If the customer is interested in any of the offers, he or she can book these via one of the four methods of payment described below. The financial capability of the customer will be verified by Eventbooster in accordance with clause 4.2 of these terms and conditions, after which the tickets are sent to the customer in the form of an email.

    Eventbooster acts as an agent of the respective event organizer and is not the customer’s contractual partner. Eventbooster completes the contracts on behalf of and on account of the event organizer. Therefore, no contractual relationship exists between Eventbooster and the customer. The contract regarding the ticket purchase exists between the customer and the respective event organizer.

  2. Scope

    The version of the terms and conditions valid at the moment of the customer’s request applies. This regards the claim of ticket sale services provided by Eventbooster, the use of the website EVENTS.ch with regard to the purchase of tickets, and the actual purchase of tickets by people residing in Switzerland or abroad.

    These terms and conditions are understood to be accepted when the customer registers on the EVENTS-platform.

  3. Customer’s obligations when registering and using the platform

    When registering with EVENTS.ch, the customer is obliged to do so truthfully, i.e. he or she must declare his or her correct name, surname, etc. Use of pseudonyms is strictly forbidden.

    The customer is required to keep his or her password secret, and to secure access to his or her profile carefully. The customer is required to inform Eventbooster immediately if there are any indications that a third party is misusing the customer’s profile. Eventbooster reserves the right to delete any profile that has not been fully completed after a reasonable amount of time has elapsed.

    The customer can create a profile and receive services offered by EVENTS.ch via email or the internet at no charge.

  4. Conclusion of contract, methods of payment and delivery for online bookings

    1. General

      Statements on both the EVENTS.ch website and the messages sent out by EVENTS do not constitute an offer in the sense of the Swiss Code of Obligations, but merely constitute an invitation for a request by the customer. The customer communicates his or her complete requests to Eventbooster through Eventbooster’s website EVENTS.ch, or through the customer’s mobile phone. Depending on availability, the customer can submit one request per offer to purchase the amount of tickets defined on the website EVENTS.ch for his or her friends or family.

    2. Receipt and electronic delivery of tickets

      The contract regarding the ticket purchase only comes about when Eventbooster explicitly accepts the customer’s request. After checking the customer’s financial ability, Eventbooster transfers the ticket to the customer using the same form of technology or communication used for the request. If the customer books his or her ticket via the internet, it will be sent to the email address indicated in the customer’s profile in pdf-format or in another conventional saving format. Correspondently, the same is valid for bookings via mobile phones.

      Depending on the event, the customer can gain direct entry to the respective venue with the forwarded ticket. When the event is scheduled to have allocated seats, the customer needs to present the ticket he or she received via email at the cash register or reception area, where the customer will receive a ticket with the respective allocated seat number.

      If the customer has received the ticket via email as a pdf, he or she needs to keep the printed ticket until the event. This ticket may not – especially when a machine-readable barcode is being used - be damaged, stained or otherwise impaired in a way that might make the entry control impossible or difficult. If the ticket is damaged, stained or otherwise impaired, neither entitlement for entry to the event exists nor reimbursement for the customer. However, procedure according to clause 8 remains an option.

      Any duplication, copy, change or imitation of the electronic ticket and any retransmission is strictly forbidden. Sole exception is within clause 8.

    3. Erroneous deliveries with online bookings

      If a discrepancy arises between the ticket booked by the customer and the electronically received ticket, the customer is obliged to get in touch with Eventbooster within three working days. Otherwise, the received tickets are considered as being accepted by the customer.

    4. Accountability for customer’s profile

      The customer is aware of and acknowledges that all services regarding EVENTS.ch which were retrieved via his or her profile or mobile phone are attributed to the account holder, regardless of whether the service was retrieved by the customer or any other person. The customer is required to take all necessary precautions to keep his or her password secret and to prevent unauthorized access or misuse of his or her mobile phone. The customer must inform Eventbooster immediately of any suspicion or knowledge of unauthorized access to or misuse of his or her password, so that Eventbooster can block the customer’s profile.

  5. Prices

    Offers sent via email or push-message to the customer’s mobile phone, as well as prices displayed by EVENTS.ch on the website and the app, include VAT.

  6. Payment

    The following three payment methods are available to the customer. The details regarding the payment methods are set out on the EVENTS.ch website.

    1. Prepaid payment

      The customer must possess a credit balance with Eventbooster in order to book tickets on the EVENTS.ch website or by mobile phone via the prepaid payment method. The customer can recharge the credit via an online invoice (pdf invoice via email) and then via e-banking. The minimum amount is CHF 20.00. The amount will be credited to the customer upon receipt of payment, and he or she will be notified via email.

      If the customer purchases the ticket through the website EVENTS.ch or with his or her mobile phone, the customer’s Eventbooster credit is charged directly with the purchasing price. If the customer has no such credit, he or she is excluded from this payment method. Payment against invoice is excluded.

    2. Payment through smartphone

      The customer has the option to book the ticket via the application developed by Eventbooster for smartphones and to pay with a credit card accepted by Eventbooster (Eurocard/MasterCard, Visa).

      This payment option is available to customers who have installed the iOS-version 5.0 or more recent (for iPhones), or Android-version 4.0 or more recent (for Android devices).

    3. Easy-payment

      Additionally, the customer has the option to lodge his or her credit card information for those credit cards accepted by Eventbooster (MasterCard, Visa,) when creating his or her profile.

      If the customer choses this payment option when registering, Eventbooster is authorized to charge the customer’s bank account with the purchasing price of tickets booked via the website EVENTS.ch or via mobile phones, using the credit card information provided. Customers also have the option to pay with the Postfinance-card provided by the Swiss Postal Service. However, these bank account details cannot be saved on the profile.

    4. Compensation

      The customer only has a right to compensation if the customer’s counterclaims are legally ascertained or recognized by the organizer in writing.

  7. Exchanges or returns

    1. General

      Return or exchange of tickets is excluded. This is subject to the event being cancelled according to clause 7.3.

    2. Deferral of event

      The respective event organizer is the customer’s contractual partner responsible for the provision and performance of the event mediated through Eventbooster. In the case of a change in the date or venue of an event, the purchased ticket is valid regardless of the reasons for the change of date or venue. Exchange or return of tickets is excluded.

    3. Event cancellation

      If an event is cancelled, the customer will receive the amount paid credited back to his or her bank account. If the customer booked his or her ticket via the website EVENTS.ch and has had the price of the ticket credited to his or her balance, the money will be re-credited to his or her Eventbooster profile. If the customer paid by credit card, the amount will be credited to the same credit card.

      Eventbooster informs the customer about the credit using the same technology with which the ticket was purchased.

  8. Loss or damage

    The customer is responsible for the safekeeping of the tickets until the event and bears all risks and hazards regarding loss or damage.

    The customer can recall or print out both the details of an accidentally deleted email as well as an impaired ticket according to clause 4.2. via his or her profile on the website EVENTS.ch any time.

  9. Denial of access to event

    The organizer can deny access to the event if multiple prints, reproductions, copies or imitations of a digital or printed ticket are circulating and access was granted to a previous owner of such a printed, reproduced, copied or imitated ticket. The organizer is not obliged to check the identity of the person holding the ticket with the customer, nor are they obliged to verify the authenticity of the tickets, as long as an imitation or a copy cannot be unambiguously identified as such at the access control of the event. If the owner of the tickets is refused admittance for these reasons at the access control, no right for refund exists.

  10. Obligations of the customer attending an event

    Audio and or video recordings of any kind are prohibited. When buying the ticket, the customer acknowledges the respective event organizer’s provisions regarding security, access, age and further provisions and acknowledges that he or she may be excluded from the respective event without compensation if he or she does not comply with these provisions. The regulations are available from the respective event organizer.

  11. Penalties and suspensions

    Eventbooster can take the following measures if sufficient indication exists that a customer has breached statutory regulations, the rights of third parties, or the terms and conditions on hand, published indecent or unlawful content (comments, blogs, etc.) or harms anything in which Eventbooster has a legitimate interest:

    -) Issue of a caution to customer;
    -) Temporary suspension of profile;
    -) Permanent suspension of profile

  12. Disclaimer of Eventbooster’s liability

    1. Liability with regard to the booking and payment of tickets

      As far is legally permitted, all of Eventbooster’s liability for direct or indirect damage when booking or paying for tickets is excluded. In particular, Eventbooster assumes no liability in the event of the system being unavailable or impaired, and rejects any claims for compensation.

    2. Liability in connection with the event services

      Warranty claims relating to the provision of events mediated by Eventbooster exist exclusively in connection with the respective event organizer. Eventbooster assumes neither liability for warranty claims nor for negligence, damage of property, physical injury or any other financial loss in connection with the organization and the performance of events. In particular, Eventbooster disclaims any liability for damages incurred by cancellation, poor organization, or execution of events. Other claims, especially damage claims or claims for lost profit, are excluded, as long as the damage was not incurred due to the a deliberate act or gross negligence by Eventbooster or its agents.

    3. Liability regarding the use of the internet

      Eventbooster endeavors to keep the information provided on the website EVENTS.ch complete, up-to-date, and correct. Eventbooster accepts no responsibility for the accuracy, completeness, and timeliness of the information on the website EVENTS.ch, as well as transmission errors, and disclaims any liability for resulting damage or inconvenience, as long as it cannot be traced to a deliberate act or gross negligence by Eventbooster. The customer recognizes that Eventbooster holds no responsibility for the content of linked third-party websites and disclaims all liability for them. Due to the internet’s technical features, Eventbooster assumes no guarantee for an error-free provision, without interruption, of the EVENTS-services via the internet. However, Eventbooster strives to keep the EVENTS website available as ceaselessly as possible. Eventbooster cannot exclude illegal intrusion into the computer system or misuse of the data provided by the customer by unauthorized persons, and shall not be liable for damages resulting from such events. Additionally, Eventbooster disclaims all liability for damages to the customer’s computer system due to use of the EVENTS website. In particular, Eventbooster shall not be liable for damages that may occur on the customer’s computer system due to destructive programs such as viruses, worms and Trojan horses. Customers use their hardware (including printers), operating software and telecommunication facilities for the use of EVENTS services at own risk and cost. The customer recognizes that Eventbooster is neither required to support any particular software or operating platforms / systems, nor obtain or maintain their support in the future.

  13. Customer’s liability

    The customer is obliged to replace expenses to Eventbooster resulting in connection with possible unauthorized use or misuse of the customer’s password. Additionally, the purchaser of printed or digital tickets is required to replace damages to the event organizer / Eventbooster resulting in connection with unauthorized use of additional or altered print-outs, reproductions, copies or imitations. Apart from this, legal liability provisions apply.

  14. Data protection

    1. Data from profiles

      To guarantee the smooth running of the ticket sales, Eventbooster requires basic information such as names, email addresses, leisure interests, etc. of the user as well as the installation of a credit account (hereinafter called “customer data”). Eventbooster will adhere to Swiss data protection laws when processing this customer data.

    2. The use of data

      Eventbooster processes, uses and saves customer data when and insofar necessary and useful for fulfilling services (especially conducting the ticket sales), protecting technical operational safety, for making and maintaining the website and for charging the account and individual credit balance.

      Apart from customer data, Eventbooster also saves the booking or purchasing dates and the date of the sending out of deliveries for purposes of internal booking control.

    3. Provision of data

      Eventbooster can assign the processing of customer data to third parties, such as external service providers, whilst ensuring that the data can only be processed and used as Eventbooster itself could. Delivering customer data abroad is admissible within the limits of the intended use, when and insofar (i) the respective country possesses a data protection law which is on par with the Swiss law, and (ii) Eventbooster has informed the consumer beforehand. The consumer acknowledges and agrees expressly that Eventbooster can use the data concerning him/her within the limits of the business operations described above and or allows third parties both at home and abroad to process this data.

  15. Use of the website EVENTS.ch

    The entire content of the website EVENTS.CH is protected by copyright and, unless otherwise specified, belongs exclusively and comprehensively to Eventbooster. The website EVENTS.CH may contain references to protection and usage rights of third parties, which must be observed. The (complete or partial) reproduction, distribution, transfer (electronically or by other means), modification, linking or use of the website EVENTS.CH for public or commercial purposes is prohibited without prior written consent by Eventbooster.

  16. Change of terms and conditions

    Eventbooster reserves the right to change or adjust the terms and conditions any time, without direct notification to the customer.

  17. Final clause

    Should one or more provisions of these terms and conditions be or become, entirely or partially, invalid or unenforceable, the validity or enforceability of the remaining provisions of these terms and conditions, and the purchase of tickets in general, will not be affected in any way. In such a case, the parties will replace the invalid or unenforceable provision with that valid and enforceable provision that most closely approximates the economic purpose of the replaced provision. In turn, the same principle applies in the event that these terms and conditions should contain a gap.

    All legal relationships between the customer and Eventbooster are subject to Swiss law. Jurisdiction is in Zurich.

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