KAVE Theatre Services
TERMS AND CONDITIONS FOR USE
These terms and conditions discuss the provisions which apply for any use that the User makes of KAVE Theatre Services.
The User is advised to carefully read the Terms and Conditions for Use so that he is aware of his rights and obligations when he uses the services.
By using the services in any way, the User accepts that he is bound by these Terms and Conditions for Use.
The following terms are used in these terms and conditions. These terms will mean:
Event Organiser: The party organising an event and selling the tickets for admission to it.
Event: Organised events, including but not limited to performances of an artistic nature, theatre performances, plays, musical performances, concerts and/or musicals.
User: natural person or legal entity who uses the Ticketshop in any way.
Terms and Conditions for Use: These term and conditions for the use of the Ticketshop;
Intellectual Property Rights: All rights for intellectual property and related rights, such as copyright, trademark rights,
patent rights, model rights, trade name rights, database rights and neighboring rights, as well as rights to know how and patentable inventions.
Ticket: Admission ticket to an event.
Ticketshop: KAVE Theatre Services makes it possible for the User to order and/or reserve Tickets from Event Organisers.
Transaction and Service costs: The costs charged by KAVE Theatre Services to the User for the use of the Ticketshop.
These Terms and Conditions for Use apply to any use by the User of the Ticketshop.
Any person or legal entity creating an account and placing an order is deemed to have accepted these terms and conditions.
Electronic communication is deemed to have been received on the day of sending, unless the contrary can be proved by the recipient.
If the communication has not been received as a result of delivery and/or accessibility problems with regard to the
User's e-mail box, this is for the User's risk, even if the e-mail box is accommodated at a third party.
Use of the Ticketshop
The Ticketshop provides a service making it possible to purchase Tickets from an Event Organiser.
KAVE Theatre Services therefore only arranges for the ordering process of the Tickets.
The agreement to purchase the Tickets arises between the User and the Event Organiser in question.
KAVE Theatre Services only acts as an intermediary and has nothing to do with the purchase agreement
between the User and the Event Organiser. These Terms and Conditions for Use therefore only refer to the use of the Ticketshop.
If the User wishes to buy a Ticket, he shall have to go through the ordering process.
During the ordering process, the User must provide certain information which is necessary for KAVE Theatre Services to complete the process.
The User guarantees that this information is accurate, up to date and correct.
If the User has purchased a Ticket using the Ticketshop from an Event Organiser, the User will be e-mailed the
Ticket directly via the Ticketshop once payment has been received.
If problems occur with regard to the working of the Ticketshop, the User may contact KAVE Theatre Services via email@example.com
The User accepts that the use of Tickets as well as the access to Events may be subject to further conditions of Event Organisers.
As stated KAVE Theatre Services is not responsible for these further terms and conditions and therefore does not accept any liability
for any damage suffered by the User as the result of the further terms and conditions.
The information concerning Tickets and Events, including information concerning the availability of Tickets as well as the dates of,
changes to and cancellations of Events comes from the Event Organiser and not from KAVE Theatre Services.
KAVE Theatre Services has no influence on it and no involvement in it and cannot guarantee the correctness of the information.
Therefore KAVE Theatre Services does not accept any liability for any damage which the User may suffer as a result of Tickets not
being available and/or otherwise incorrect and/or erroneous information from Event Organisers.
KAVE Theatre Services also does not accept any liability for damage caused by cancellation or postponement of an Event or for the quality of the
Event and/or the location where the Event will be held.
The User can only use discount vouchers and/or coupons if the opportunity is explicitly offered during the ordering procedure and the discount
vouchers and/or coupons were issued by an organisation which is accepted by KAVE Theatre Services.
Guarantees and indemnification
The User accepts that the Ticketshop only contains the functionality and other properties as found in the Ticketshop at the time of use ("as is").
KAVE Theatre Services excludes explicit and tacit guarantees, commitments and indemnification of any kind, including but not limited to guarantees,
commitments and indemnification with regard to quality, safety, legitimacy, integrity and correctness of the Ticketshop.
The User indemnifies KAVE Theatre Services for claims of third parties based on the assertion that the activities performed by
User using the Ticketshop are unlawful.
The User guarantees that when using the Ticketshop (i) no robots, spiders or scrapers shall be used, or other applications which in any way
shall perform actions other than those intended by the Ticketshop and/or (ii) no applications shall be used which monitor and/or copy the Ticketshop.
The User pays the prices stated by the Event Organiser for the Ticket as listed in the Ticketshop.
Transaction and Service costs are charged for the use of the Ticketshop in some instances and will be added to the price listed by the
Event Organiser for a Ticket.
The prices are inclusive of VAT. The listed prices may be amended without prior notification. The price stated during the ordering procedure is binding.
KAVE Ticket Services does not accept any liability with regard to mistakes in orders for Tickets, for example with regard to the number of Tickets
and/or the kind of Event.
It is not possible to cancel or exchange Tickets at KAVE Ticket Services. Nor does KAVE Ticket Services refund Tickets.
With regard to these matters, KAVE Ticket Services refers to the Event Organiser as the responsible and vendor of the Ticket.
If the Event Organiser decides to refund the amount paid for a Ticket, this shall never include the Transaction and Service costs.
KAVE Ticket Services does not guarantee that the Ticketshop shall be available at all times and without interruptions or breakdowns.
Breakdowns may also, although not exclusively, occur as the result of malfunctions in the Internet or telephone connection or due to viruses or errors/defects.
KAVE Theatre Services is not liable in any way or liable to pay compensation vis-à-vis the User for any damage arising from or as the result of the
unavailability or malfunction (temporary or otherwise) of the Ticketshop.
KAVE Theatre Services is entitled, without prior notification and without being liable to pay the User compensation, to shut down the
Ticketshop temporarily and/or to limit its use if this is necessary in its opinion, for example in the scope of maintenance which is needed
to the Ticketshop.
KAVE Theatre Services is entitled without prior notification, to make procedural and technical changes and/or improvements to the Ticketshop.
Intellectual property rights
Intellectual Property Rights with regard to the Ticketshop, including the Intellectual Property rights to the texts, images, design, photos, software, audio-visual
material and other materials are vested in KAVE Theatre Services, or the Event Organisers.
Nothing in these Terms and Conditions for Use is intended to transfer any intellectual property rights to the User.
The use that the User may make of the Ticketshop is limited to the use described here in the Terms and Conditions for Use.
The User shall not perform any actions which could infringe Intellectual Property Rights of KAVE Theatre Services, or its Event Organisers,
such as registering domain names or trademarks which resemble or are identical to any object which KAVE Theatre Services or the Event Organisers
could have Intellectual Property Rights in.
During the use of the Ticketshop, the User shall provide personal and other data to KAVE Theatre Services.
This personal and other data shall be stored and processed in accordance with applicable legislation, and not provided to third parties
without prior consent unless KAVE Theatre Services is legally required to do so, or in defence of its rights.
Users data may be passed onto the Event Organisers for the purpose of ticket validation and to allow Event Organisers to update users on event changes.
KAVE Theatre Services does not accept any liability for damage as a result of issuance by the Ticketshop for wrongful act or otherwise in so far as this is
permitted under mandatory law.
The User indemnifies KAVE Theatre Services for all claims by third parties, for any reason, with regard to compensation of damage, costs or interest,
related to or arising from its irregular use of the Ticketshop and/or violation of these Terms and Conditions for Use and/or any other rights of third parties.
KAVE Theatre Services liability limitation is not intended however to exclude liability of KAVE Theatre Services for intent and/or willful recklessness of KAVE
Theatre Services ("own actions") and/or its managers and employees.
Notice, dissolution and cancellation insurance
Premature termination of the agreement for use of the KAVE Theatre Services is not possible.
Without prejudice to the other provisions of these Terms and Conditions for Use, KAVE Ticket Services is entitled to dissolve the agreement for use of the
Ticketshop directly without legal intervention and without being held liable towards the User and to cancel reserved Tickets if:
a. the User does not meet its payment obligations;
b. in KAVE Theatre Services opinion, the User has committed fraud, provided false payment details, cancelled a payment or KAVE Ticket Services establishes other irregularities.