1 Definitions
General Terms and Conditions: These general terms and conditions of IntoParty B.V. (Chipta)
Event: An organized event, such as a musical, cultural, sporting, and/or recreational event, for which Chipta sells tickets.
Visitor: The natural and/or legal person who makes a purchase via Chipta's ticket service and thus buys a ticket from the organizer for an event organized by or on behalf of the organizer.
Chipta: The private limited company IntoParty B.V. located and headquartered at Krelis Louwenstraat 1-F01 in Amsterdam and registered with the Chamber of Commerce under registration number 59281790.
Chargeback: A cancellation of a successfully completed payment initiated by the visitor.
Location: The place where the event is held.
Assignment: The assignment given by the organizer to Chipta regarding the use of Chipta's services.
Organizer: The counterparty acting in the exercise of a profession or business in the capacity of the visitor of the service or products provided by or on behalf of Chipta.
Agreement: Any agreement concluded between the organizer of the event and Chipta regarding the use of Chipta's services.
Payment Service Provider (PSP): Payment partner that processes the payment on behalf of Chipta.
Refund: A cancellation of a successfully completed payment initiated by the organizer.
Scan System: Equipment provided by Chipta on loan or rental for access control.
Ticket: The document issued by Chipta that serves as an admission ticket for an event organized by or on behalf of the organizer.
Ticket Service: The (online) system developed by Chipta for the purchase, handling, processing, and settlement of Tickets, including updates to this system.
Website: Chipta's website, the domain chipta.com, and all associated (sub)domains.
Ticket Shop: A web page provided by Chipta where sales for an event can take place.
Hardware: Electronic equipment provided by Chipta.
Service Costs: The amount charged by Chipta for the provided service.
Order Costs: The amount charged by Chipta for processing a payment.
2 Applicability of the General Terms and Conditions
2.1 These general terms and conditions apply to every offer, every agreement, and every assignment between Chipta and the organizer to which Chipta has declared these general terms and conditions applicable.
2.2 Deviations from these general terms and conditions can only be agreed upon if both parties explicitly and in writing agree.
2.3 Chipta is at all times entitled to amend and/or supplement these general terms and conditions and to declare amended general terms and conditions applicable to agreements. The most current general terms and conditions can be found on Chipta's website and are effective immediately after the new terms and conditions are posted.
2.4 Explicitly, different conditions are rejected.
2.5 These general terms and conditions also apply to agreements with Chipta, for the execution of which third parties must be involved by or on behalf of Chipta.
3 Pre-contractual Phase
All offers made by Chipta or any other offer made in any other way are valid for a period of 30 days. After this period, the counterparty can no longer invoke the offer or proposal. Chipta cannot be held to its offer or proposal by the counterparty if the counterparty understood or should have understood that the offer or proposal, in whole or in part, contained an obvious mistake or error.
4 Ticket Service
4.1 Chipta offers the organizer the opportunity to use the ticket service. Chipta offers this exclusively for the sale of tickets to visitors for events organized by the organizer.
4.2 Chipta grants the organizer permission to use the ticket service if and to the extent necessary for the fulfillment of the obligations included in the agreement.
4.3 The ticket service is managed, maintained, and, if necessary, repaired by and at the expense of Chipta in accordance with the requirements of good workmanship, with a view to maximizing the number of tickets sold.
4.4 Chipta will, if reasonably possible, provide the organizer with new versions of the ticket service under the same conditions on its own initiative.
4.5 The purchase and sale of the ticket take place via the ticket shop, with the visitor acting as the buyer and the organizer as the seller of the ticket. Chipta is explicitly not a party to this transaction. Therefore, no agreement is concluded between Chipta and a visitor.
5 Payments
5.1 Notwithstanding article 4.5, all payments by the visitor in connection with the sale of tickets via the ticket service are made to Chipta's bank account. By entering into the agreement, the organizer authorizes Chipta to receive and hold these payments until the moment of payment to the organizer.
5.2 The payments made by visitors and received by Chipta as referred to in article 5.1 will be transferred weekly to a bank account specified by the organizer, upon request of the organizer, after the start of ticket sales for the event, less the agreed fee with the organizer as referred to in article 6 of these general terms and conditions.
5.3 The organizer guarantees to Chipta that the legal relationship between the organizer and the visitor explicitly allows Chipta to receive payments from visitors for tickets via Chipta's bank account. The organizer is obliged to inform (potential) visitors in a legally valid and sufficient manner about the way in which the visitor makes payments to the organizer via the ticket service and Chipta, and that no contractual relationship arises between Chipta and the visitor.
6 Access Control
6.1 Chipta provides the necessary software to the organizer free of charge. This software is available for iOS and Android devices and can be obtained via the Apple Store and the Google Play Store, respectively. Chipta is not liable for the availability of the mentioned Stores.
6.2 Chipta rents out hardware that can be used for access control on location. This hardware consists of a scan system or an Android mobile phone.
6.2.1 The organizer can pick up hardware from Chipta if necessary. It is also possible to send a scan system by parcel post.
6.2.2 Additional costs may be charged for sending a scan system by parcel post. The costs for the return shipment are always borne by the organizer.
6.2.3 The organizer is responsible for timely returning the scan system.
6.2.4 Hardware rental is charged at €50 per scan system or phone per week, up to a maximum amount equal to the replacement value.
6.2.5 The start date of the rental agreement is equal to the start date of the event.
6.2.6 When renting a scan system, it is no longer possible to request an advance payment in the last week before the event takes place. The incoming funds serve as a deposit for the execution of the rental agreement. Upon return receipt of all hardware, these funds, minus the costs incurred by the rental agreement, will be released. The rental ends only upon return receipt, confirmed in writing by Chipta, or by payment of the replacement value of the hardware.
6.2.7 The replacement value of a scan system is €750. The replacement value of an Android mobile phone is €200.
6.2.8 For every 500 tickets sold for the relevant event, a discount of €50 is given on the rental of the hardware. The discount can never exceed the rental amount.
6.3 Upon request, Chipta provides on-site support. This employee is present during the busy hours of the event for technical support.
6.3.1 The Chipta employee providing on-site support must be reasonably cared for. This means at least:
- Two drinks per hour
- Sufficient food when the support lasts longer than 4 hours
- Access to the event for the employee and 1 extra person.
If this is not provided by the organizer, it will be provided by Chipta at the expense of the organizer. These costs will be deducted from the deposit as mentioned in article 6.2.6
6.3.2 On-site support can only be taken in combination with the rental of hardware, as mentioned in article 6.2
6.3.3 The organizer is responsible for deploying personnel to carry out access control.
6.3.4 Chipta charges €50 per hour for on-site support
6.3.5 On-site support is taken for a minimum of 4 hours
6.3.6 For on-site support in Groningen, Friesland, Drenthe, Limburg, Zeeland, Texel, and all of Flanders, €50 travel costs are charged.
6.3.7 For requests outside the Netherlands and Flanders, a custom quote is made.
6.3.8 For every 100 tickets sold for the relevant event, a discount of €10 is given on the on-site support. The discount can never exceed the amount charged by Chipta for on-site support. Travel costs are excluded from this discount scheme.
6.4 If the deposit amount is lower than the costs included in these general terms and conditions, Chipta will send an invoice for the difference between the costs and the deducted deposit.
7 Refunds, Chargebacks & Interim Payments
7.1 Organizers can request interim payments (payments before the event has taken place).
7.2 Chipta can refuse a payment if the risk of non-delivery or inability to refund potential refunds by the organizer is too high. The final decision lies with Chipta.
7.3 Payments are made at the beginning of the workweek, but no later than Wednesday.
7.4 The organizer can request an urgent payment at extra cost.
7.5 Payments to the organizer are suspended until all necessary information is provided by the organizer.
7.6 For private organizers, automatic address verification cannot take place. Payments to individuals can be suspended until this information is provided and verified in a manner determined by Chipta.
7.7 Payments can be suspended if the organizer still has hardware from Chipta in their possession.
7.8 Refunds must always be carried out by Chipta to prevent potential chargebacks. Any additional costs for chargebacks are passed on to the organizer.
7.9 Refunds and chargebacks are, if possible, deducted from (future) payments of ticket revenues (amounts received by Chipta from visitors for tickets).
7.10 If there is not enough money available, a refund is suspended until the (re)payment of ticket revenues (amounts received by Chipta from visitors for tickets) is made by the organizer.
7.11 Invoices for refunds must be paid as soon as possible.
7.12 In case of late repayment of chargebacks, collection costs and statutory interest may be charged.
8 Rates and Payment
8.1 Chipta charges €0.61 service costs per sold ticket and €0.55 order costs per payment (including VAT).
8.2 For some payment methods, a percentage surcharge is charged:
- 8.2.1 Ideal and BanContact: No payment method surcharge
- 8.2.2 Credit card payments are offered for payments with credit cards not issued in an EU member state. For credit card payments, a surcharge of 3.2% of the total amount (the total sum of ticket price, service costs, order costs, and payment method surcharge) is charged.
- 8.2.3 For PayPal payments, a payment method surcharge of 5% of the total amount (the total sum of ticket price, service costs, order costs, and payment method surcharge) is charged.
- 8.2.4 New payment methods may be introduced with different surcharges.
8.3 The organizer can choose whether the costs (partially) are passed on to the visitor.
8.4 The organizer can set additional service costs that are charged per ticket.
8.5 No extra costs are charged for a normal payment.
8.6 An organizer can request an urgent payment by phone. This is carried out within 4 working hours (Mon-Fri 10:00-18:00), for which we charge €25.00 (excluding VAT).
8.7 Refunds cost €0.50 (excluding VAT) per refund.
8.8 Chipta can charge other costs for additional services or products, such as rental for extra equipment that can be used (payment terminal, walkie-talkie, etc.).
8.9 All costs not specified in these general terms and conditions are clearly stated and communicated to the organizer at the time these costs are incurred.
8.10 Chipta has the right to adjust the rates if there is reason to do so. The organizer agrees in advance to a reasonable adjustment of the rates.
8.11 No cost-increasing event that may occur in the relationship between the organizer and the visitor can be passed on to Chipta.
8.12 Payment of the rates charged by Chipta to the organizer is made in the manner described in article 5.2 of these general terms and conditions. If settlement (partially) is not possible, Chipta will inform the organizer accordingly. The organizer is then obliged to pay the outstanding amount of rates immediately.
8.13 Rates charged are expressly due if the organizer, for any reason, decides to refund the cost of the admission ticket in whole or in part to the visitor.
9 Reporting
9.1 Chipta is obliged to provide the organizer with insight into the volume and status of ticket sales between the visitor and the organizer upon request.
9.2 Chipta makes each individual transaction between the visitor and the organizer transparent for the organizer upon request.
9.3 Any invoices, reports, communications, and other correspondence between the parties are conducted digitally, via email and/or publication on a secure section of Chipta's website.
10 Chipta and the GDPR
10.1 In the context of the GDPR, Chipta is the Data Processor, as described in the legal article the "Processor." The organizer is the "Controller," within the meaning of the European General Data Protection Regulation (hereinafter: the GDPR).
10.2 For the service, it is necessary for the visitor to provide personal data to Chipta, and Chipta processes this personal data for the purpose of the service.
10.3 Parties wish, in view of Article 28(3) of the GDPR, to regulate the execution of processing by the processor in these General Terms and Conditions.
10.4 Parties will at all times comply with the applicable provisions of the GDPR and these general terms and conditions. The processor will also comply with the reasonable instructions of the controller regarding the processing of personal data.
10.5 The organizer must establish its own privacy policy if the collected data is used outside the ticket service.
10.6 The organizer is obliged under the terms of the GDPR to inform the visitor of changes to its privacy policy.
10.7 Chipta is entitled to engage sub-processors in the processing of personal data, provided that Chipta ensures that the engaged sub-processors assume at least the same obligations as Chipta under these general terms and conditions. Chipta remains the point of contact for the organizer in this relationship.
10.8 Chipta takes appropriate technical and organizational measures to secure personal data against loss and any form of unlawful processing. These measures guarantee, taking into account the state of the art, the implementation costs, a suitable level of security considering the risks of the processing and the nature, scope, and context of the personal data to be protected.
10.9 Chipta will notify the organizer immediately after becoming aware of a data breach. The notification includes a description of:
- 10.9.1 the data breach;
- 10.9.2 the nature of the breach (e.g., copying, altering, deleting, theft, unknown);
- 10.9.3 when the data breach occurred;
- 10.9.4 the number of individuals whose personal data may be involved in the data breach; the type of personal data (e.g., name and address details, phone numbers, email addresses, access or identification data, financial data)
- 10.9.5 the technical measures taken by Chipta to stop the breach and prevent future breaches.
10.10 Chipta provides the organizer with further information about the data breach upon request, as far as necessary for the organizer to comply with its legal obligations regarding notification to the Data Protection Authority and data subjects.
10.11 The organizer is obliged to actively assist Chipta in the event of a data breach and the resulting notification obligation for Chipta to the Data Protection Authority under the Telecommunications Act.
11 Privacy and Personal Data
11.1 The organizer is responsible for informing the visitor about the rules regarding the processing of personal data and privacy in the broadest sense of the word.
11.2 Chipta is obliged to make the visitor's personal data and preferences available to the organizer, provided the visitor has given consent in accordance with the applicable rules.
11.3 Chipta does not use any personal data obtained from the visitor.
11.4 Chipta is required to retain payment and ticket issuance data for 7 years. This data is also accessible to the organizer. This information includes: first name, last name, email address, encrypted password, Facebook Connect ID, personal data provided by the PSP, personal data provided for the purpose of a refund.
11.5 Chipta is required to adequately handle access and deletion requests from visitors and organizers.
11.6 Chipta is required to anonymize other personal data within a reasonable period in accordance with the Privacy Policy. These statistics can be viewed historically but cannot be linked to a visitor.
11.7 The organizer is required to make it clear to the visitor if the personal data is processed differently by them.
11.8 Chipta is not responsible for the improper processing and/or storage of data by the organizer.
12 Providing (Company) Information
The organizer is required to provide all information that Chipta deems necessary for the execution of the assignment and the optimal functioning of the ticket service, immediately to Chipta in a manner specified by Chipta.
13 Intellectual and Industrial Property
13.1 Both Chipta and the organizer retain all intellectual and industrial property rights to the works they introduce and/or are used and/or made available in the context of the execution of the agreement. Unless expressly agreed otherwise in writing between the parties, no transfer of intellectual and industrial property takes place based on these general terms and conditions or under the agreement.
13.2 The visitor is not allowed to remove or modify any indication regarding copyrights, trademarks, trade names, or other intellectual or industrial property rights from the ticket, nor to make any changes to the form or any other characteristic of the ticket.
13.3 It is prohibited for anyone to forge, reproduce, or reproduce the ticket in any way.
13.4 The agreement does not extend to the transfer of any intellectual property right of Chipta to the visitor.
14 Indemnification
14.1 The organizer indemnifies Chipta against claims from third parties for damages caused by the organizer providing incorrect or incomplete information.
14.2 The organizer indemnifies Chipta upon first request if Chipta is held liable, in any way, by or on behalf of a visitor regarding the content and/or the proper performance of the agreement(s) that the organizer and visitor have concluded with each other, for example in the event of cancellations, as well as the related communication from the organizer to the visitor, or any other possible form of default and/or unlawful act of the organizer towards the visitor.
14.3 Chipta is entitled to recover all (extra)judicial costs incurred by Chipta in connection with legal and/or financial disputes between the visitor and the organizer from the organizer.
15 Liability
15.1 The parties are only liable to the extent that this is apparent from the agreement or these general terms and conditions.
15.2 Chipta's liability for an attributable shortcoming in the performance of the agreement only arises if the organizer notifies Chipta in writing as soon as possible, setting a reasonable period for remedying the shortcoming, and Chipta continues to fail to meet its obligations after that period. This does not affect the organizer's rights under Article 15.
15.3 Chipta is not liable for any damage, in any form, of the organizer due to chargebacks and/or complaints, for any reason, from visitors. The resulting direct or indirect damage is borne by the organizer. Chipta is entitled to offset refunds and chargebacks with the organizer with other payments from visitors via Chipta.
15.4 Chipta is only liable to the organizer for damage or loss resulting from non-performance, late performance, or improper performance of the agreement and/or other contractual obligations, to the extent that this damage is the result of intent, deliberate recklessness, or gross negligence of Chipta or its subordinates.
15.5 Chipta is not liable for indirect damage, in any form, including consequential damage, lost profits, missed savings, and damage due to business interruption.
15.6 Chipta is not liable for damage directly or indirectly resulting from malfunctions or maintenance of the computers or (electronic) systems used by it.
15.7 Chipta is not liable for damage directly or indirectly resulting from forged tickets by visitors or third parties or any other misuse or unlawful use of tickets by visitors or third parties.
16 Termination
The agreement between Chipta and the organizer is terminated immediately if:
16.1 One of the parties is declared bankrupt, granted a moratorium, dissolved or liquidated, the business activities are terminated, or an out-of-court settlement is offered to creditors or debt restructuring is achieved in any other way.
16.2 One of the parties remains in default of fulfilling its obligations under the agreement for more than seven days after a written notice of default by registered letter.
16.3 The organizer uses the ticket service for a purpose other than that for which Chipta has made the ticket service available to the organizer in accordance with the agreed terms.
16.4 The organizer, without Chipta's permission, attempts to make changes to the ticket service in any way, either independently or with the help of third parties.
16.5 The ticket service is used directly or indirectly by the organizer to conclude agreements with visitors that are contrary to the law, good morals, or public order, or agreements that are considered offensive or fraudulent in content or scope, which is exclusively at Chipta's discretion.
17 Force Majeure
17.1 In a situation of force majeure, which includes a non-performance by one of the parties that cannot be attributed to it because it is not due to its fault nor for its account under the law, legal act, or generally accepted views, if the period of force majeure lasts longer than 14 days, both parties are entitled to terminate the agreement without any obligation to pay compensation.
17.2 In the following cases, the parties agree that there is at least force majeure as referred to in Article 17.1:
- 17.2.1 In case of non-performance or delay of performance, other than as a result of intent or deliberate recklessness on the part of Chipta
- 17.2.2 Due to the destruction, in any way, of servers, backups, and other equipment used by Chipta
- 17.2.3 Due to disruptions in telephone and internet traffic.
- 17.2.4 In case of non-performance or delays in performance by Chipta as a result of sabotage actions, whether or not with a terrorist intent, and by third parties, including actions by so-called 'hackers and/or crackers'.
18 Choice of Forum
The legal relationship between the organizer and Chipta is subject to Dutch law. The Court of Amsterdam has exclusive jurisdiction to hear all disputes between the organizer and Chipta, with the understanding that Chipta remains entitled to bring the organizer to court before a judge who would have jurisdiction to hear disputes between the organizer and Chipta without the above choice of forum.