TICKETMASTER TICKET EXCHANGE POLICY
- 1. INTRODUCTION
- 1.1 Ticketmaster is the trading name of the following two companies: (i) Ticketline Unlimited Company (a company registered in Ireland under company number 135876, with registered offices at 2nd Floor, College Park House, 20 Nassau Street, Dublin 2 D02 VY46), and (ii) Ticket Shop (N.I.) Limited (a company registered in Northern Ireland under company number NI031664, with registered offices at 4th Floor, 1 Edward Street, Belfast BT1 2LR). Together or separately, they are referred to in this Ticket Exchange Policy as "Ticketmaster, we", "us" or "our" but please be aware that Ticketline Unlimited Company is the operating company in relation to events taking place in the Republic of Ireland and Ticket Shop (N.I.) Limited is the operating company in relation to events taking place in Northern Ireland.
- 1.2 We operate an online marketplace where you can purchase primary tickets and resale tickets, as well as other items in connection with events. The term "Primary Ticket(s)" means primary event tickets (i.e. tickets allocated to us directly by Event Partners (as defined below) for sale by us). The term "Resale Ticket(s)", on the other hand, means tickets that have been purchased from us and are being sold on by the original buyer (i.e. they are not sold by us, we simply facilitate the sale via our fan-to-fan ticket exchange service (the "Ticket Exchange")).
- 1.4 This Ticket Exchange Policy does not apply to purchases of Primary Tickets from us. Please see our Purchase Policy for the full terms and conditions applicable to purchasing Primary Tickets from us.
- 1.5 We provide the Ticket Exchange so that customers who have purchased Primary Tickets from us are able to offer the same for resale on a safe and secure basis. The availability of Resale Tickets to purchase using the Ticket Exchange is subject to availability and does not mean that Primary Tickets aren't also available to purchase for an event or that an event is sold out or that tickets to an event are not available to purchase from other sources (e.g. the event organiser, the event venue or other primary ticket agents).
- 1.6 The Ticket Exchange further provides a safe place for customers to purchase Resale Tickets at a fair price, as we impose a cap on the amount sellers can list their Resale Tickets for sale. Additionally, all Resale Tickets listed on the Ticket Exchange are "verified", which means that any Resale Tickets were first purchased from us as Primary Tickets, so we can verify that all the information within the ticket description is present and correct.
- 1.7 Please note, Resale Tickets cannot be exchanged or refunded after purchase, save as set out in clause 11 of this Ticket Exchange Policy.
- 1.8 Nothing in this Ticket Exchange Policy or our Purchase Policy affects your statutory rights as a consumer. For further information about your statutory rights, please contact Citizens Information .
- 2. YOUR ACCOUNT AND REGISTRATION
- 2.1 In order to set up a Ticketmaster account you must:
(a) be at least 18 years old and able to enter into legally binding contracts; and
(b) follow the instructions to set up a password-protected account providing your correct full name, postal address, telephone number and email address (all your details must be kept up to date at all times).
- 2.2 You are solely responsible for maintaining the security of your user name and password and for all activity that occurs on your account. You shall not permit anyone other than you to use your account. If you become aware or suspect that anyone knows your user name and/or password, you should promptly contact us.
- 2.3 If you are making purchases or sales on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and this Ticket Exchange Policy and references to “you” refer and apply to that company or other legal entity).
- 2.4 Please refer to our Privacy Notice and Cookies Policy for more details on how we use and protect your personal data. If we are investigating your account, or if we are investigated ourselves, you agree to comply fully with our requests for information about you, and your use of the Ticket Exchange.
- 2.5 You must not create or use multiple accounts with the purpose or intention of circumventing any of the terms of this Ticket Exchange Policy or our Purchase Policy or concealing your identity or other personal details.
- 2.6 You must not use our website or app, your account and/or the Ticket Exchange (together the "TM Services") for any unlawful purpose or in any unlawful manner. If we discover or suspect that you have used or are using or attempting to use the TM Services in such a way that a criminal offence has been, is being or might be committed, we are required by law to report your identity and details of such activity to the relevant authorities (and any relevant “Event Partner” (as defined in our Purchase Policy)).
- 2.7 We reserve the right to terminate your account and/or cancel any sale or purchase orders and/or prohibit you from listing Resale Tickets or making future orders and/or prohibit you from using the TM Services in future if:
(a) any abusive or threatening behaviour is carried out by you or on your behalf or via your account;
(b) we suspect any fraudulent activity or other illegal activity is carried out by you or on your behalf or via your account;
(c) we suspect any unauthorised use of your account or other unauthorised activity is carried out by you or on your behalf or via your account, including unauthorised contact between sellers and buyers or potential buyers;
(d) we are ordered to do so by any legal or regulatory authority; and/or
(e) you otherwise breach the terms of this Ticket Exchange Policy or any other applicable policies (including our Purchase Policy) or terms and conditions (including any applicable Event Partner's terms and conditions).
- 2.8 You may close your account by contacting us using our Customer Help Portal. However, please note that such closure shall not take effect until after any events that you have purchased, listed or sold Resale Tickets for have taken place.
- 2.9 Termination of your account and/or cancellations of any purchases, listings or sales under this Ticket Exchange Policy (or purchases under our Purchase Policy) shall not affect our or your rights and liabilities which have accrued prior to and including the date of such termination or cancellation.
- 3. LEGALLY BINDING CONTRACTS
- 3.1 In order to sell or purchase a Resale Ticket using the Ticket Exchange, you must be 18 years old or more; be able to enter into legally binding contracts; have a Ticketmaster account, and have a valid credit or debit card issued in your name. If you are listing and selling a Resale Ticket, you will also need to have an Adyen MarketPay account (which we will set up for you as part of the listing process and act as an authorised representative for you in relation to Adyen), and you will need to enter into a separate legally binding contract with Adyen by accepting Adyen's Terms and Conditions, as well as holding a valid bank account in your name that is able to receive funds in GBP and/or EUR.
- 3.2 By listing, selling or purchasing a Resale Ticket using the Ticket Exchange, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Ticket Exchange Policy, which form a legally binding contract between you and us in relation to your use of the Ticket Exchange. If you are selling Resale Tickets, you will also have a separate legally binding contracting with Adyen as described in clause 3.1 above. A further separate contract is entered into between buyers and sellers when buying or selling Resale Tickets using the Ticket Exchange (please see clause 3.4 for details). If you do not agree with this Ticket Exchange Policy or any other applicable terms and conditions, or if you cannot comply with any of them, then you must not use the Ticket Exchange.
- 3.3 We reserve the right from time to time to make changes to this Ticket Exchange Policy. Where we make any such changes, we shall post the updated version of this Ticket Exchange Policy on our website. Therefore, we recommend you check this Ticket Exchange Policy regularly to stay informed of its current terms and conditions. All listings, sales and purchases are subject to the applicable version of this Ticket Exchange Policy that was published at the time of listing, sale or purchase. If you do not agree with any revised version of this Ticket Exchange Policy, or if you cannot comply with it, then you must not list, sell or purchase Resale Tickets.
- 3.4 When you sell or purchase a Resale Ticket using the Ticket Exchange, you enter into separate contract directly with the buyer or seller (as applicable) of the relevant Resale Tickets as the Resale Tickets are owned by the seller and not us, and purchased by the buyer from the seller through the Ticket Exchange. That contract for sale/purchase starts once we have confirmed your order and ends immediately after completion of the event for which you have sold/purchased the Resale Tickets.
- 3.5 Please note: We facilitate sale/purchase transactions between buyers and sellers, we are not a party to the sale/purchase contract between a buyer and a seller of any Resale Tickets. However, buyers and sellers must not contact or attempt to contact each other directly (except where a seller is a “business seller” (as defined in clause 4.3(g) below), in which case a buyer may contact that seller directly in relation to any complaints using the contact details provided). Nonetheless, we recommend in all cases that buyers first seek resolution to any issues using our dispute resolution procedure, as set out in clause 15.
SELLER TERMS (LISTING AND SELLING RESALE TICKETS)
- 4. LISTING RESALE TICKETS FOR SALE
- 4.1 You will only be able to list a Resale Ticket for sale if you purchased it as a Primary Ticket on the Ireland Ticketmaster website or app, and the Ticket Exchange functionality is available in relation to those Primary Tickets in your Ticketmaster account. In particular, the following are unable to be listed for sale on the Ticket Exchange:
(a) Primary Tickets being fulfilled by way of Collection from Box Office;
(b) Primary Tickets purchased from Ticketmaster distribution points other than ticketmaster.ie (e.g. via a Ticketmaster call centre or on any of our partner sites or from a ticket outlet), along with orders made via our Groups department; and
(c) tickets that were first purchased from any third party agents, venues, promoters or other sources.
- 4.2 Please note tickets are the only items that may be listed and sold using the Ticket Exchange. Therefore, any non-ticket elements purchased as part of a package and any upsells that you purchased at the same time as purchasing Primary Tickets cannot be listed or sold using the Ticket Exchange. Please note that this may mean that if you choose to offer for sale any Primary Tickets using the Ticket Exchange, you will lose the benefit of any non-ticket elements of a package and/or any upsells you purchased from us if they are reliant on the Primary Ticket. For example, if you purchased Primary Tickets as Collector Tickets or with Ticketmaster gift wrap or if you purchased a car parking upsell, then these elements cannot be transferred and sold with the Primary Ticket using the Ticket Exchange (and cannot be exchanged or refunded except in accordance with our Purchase Policy). Of course, if the non-ticket elements of a package or upsell are not reliant on the Primary Tickets then they are yours to keep, for example, merchandise such as t-shirts and CDs (and cannot be exchanged or refunded except in accordance with our Purchase Policy).
- 4.3 All listings of Resale Tickets are subject to the following conditions and restrictions:
(a) You permit us, and/or a third party contractor engaged by us to carry out identification or financial checks for the purposes of verifying your financial status and undertaking fraud checks (and you agree that we may provide your account and payment card details to such third party contractors to carry out such checks).
(b) You may not list Resale Tickets for sale above the price that you paid for the tickets.
(c) You may only list Resale Tickets that you have the right to sell, and where no third party rights, no applicable terms and conditions and no laws or regulations are breached by listing the Resale Tickets.
(d) You may not list Resale Tickets that have been obtained in breach of our Purchase Policy or Ticket Exchange Policy or through unauthorised use of any robot, spider or other automated device or software, or through unauthorised framing or linking to any website, or through any other illegal or unauthorised activity.
(e) You must not list duplicate, counterfeit or stolen tickets. Selling stolen or counterfeit property is a criminal offence and we will report such activity to the relevant authorities.
(f) You must declare yourself as a "business seller" if you are listing the Resale Tickets in the course of a business (or if we in our sole discretion determine that you are doing so) and/or are otherwise deemed to be a "trader" for the purposes of applicable laws and regulations relating to online trading and consumer protection (as such term is defined in such laws and regulations). Failure to do so is a material breach of this Ticket Exchange Policy.
(g) You must declare yourself as a "affiliated seller" if you are:
(i) a person who is employed or engaged by us;
(ii) a person acting on behalf of a person who is employed or engaged by us; or
(iii) an organiser of the event you are listing Resale Tickets for, or a person acting on behalf of an organiser of the event.
(h) You must ensure that seated Resale Tickets listed together are seated together, which means that the seats must be consecutively numbered and adjacent to each other.
(i) You must not list the same Resale Tickets on the Ticket Exchange and on any other ticket resale or exchange platform concurrently.
(j) You will require an Adyen MarketPay account in order to receive payment for any Resale Tickets you sell and therefore agree to be bound by Adyen's Terms and Conditions and appoint us as your authorised representative in relation to Adyen. You may also be subject to any other specific listing conditions or restrictions imposed by us on a case by case basis and in our sole discretion.
- 4.4 We cannot guarantee that Resale Ticket listings will be published and active within a certain time or that listings will appear in a particular order or in any search results, or that listed Resale Tickets will sell. If any Resale Tickets are not listed due to a technical or other error and/or do not sell for any reason, we will not be liable or responsible in relation to the same.
- 4.5 We reserve the right to delist any Resale Tickets if:
(a) you fail to comply with any listing conditions under clause 4.3;
(b) you are a business seller and fail to declare yourself as such and/or fail to comply with applicable law or regulation in relation to trading as a business;
(c) any of the circumstances at clause 2.7(a)-(e) apply; and/or
(d) the Ticket Exchange functionality needs to be disabled for an event or for particular tickets for any reason (in which case all affected Resale Ticket listings will automatically be delisted or suspended and orders already placed will be cancelled and refunded to the relevant buyers).
- 5. SALE AND FULFILMENT OF RESALE TICKETS
- 5.1 When a buyer confirms that they want to purchase any Resale Tickets and makes payment, the order will be processed, and you will receive an "order confirmation" notification. A legally binding contract between you and the buyer is formed upon the issuing of the order confirmation. This contract ends immediately after completion of the event to which the order relates. Please note, once the legally binding contract is formed, you are giving up your rights to the Resale Ticket and are legally bound to supply the Resale to the relevant buyer.
- 5.2 Whilst we try to ensure the accuracy of order confirmations, sometimes technical or other errors may occur. If an error results in an incorrect order confirmation being issued, we will notify you as soon as possible and reserve the right to cancel the order without any further liability.
- 5.3 In rare circumstances, for example if the buyer’s payment for an order is recalled by the associated bank or payment provider, we reserve the right to cancel an order for which an order confirmation has been sent and refund the buyer without any further liability.
- 5.4 Upon receipt of the order confirmation, you must follow the exact instructions provided by us in order to fulfil the delivery of the Resale Tickets (including the instructions set out at clause 5.5 when dispatching physical tickets as opposed to e-tickets). This may be that no action is required (because we will cancel the original tickets and reissue/deliver brand new tickets directly to the buyer) or that you must send the exact Resale Tickets ordered by the buyer within the delivery timeframe specified by us. Please note, you must not post print outs of e-tickets under any circumstances, unless otherwise expressly authorised or instructed in writing by us to do so. Failure to deliver the exact Resale Tickets that were listed for sale or failure to deliver Resale Tickets in accordance with the delivery instructions and timeframes is a breach of this Ticket Exchange Policy and may lead to order cancellation and/or the terms of clause 8 will apply.
- 5.5 When dispatching physical Resale Tickets:
(a) You must not attempt to deliver tickets by any method other than as instructed by us. In particular, you must not dispatch tickets using a non-trackable service and/or hand-deliver tickets to the buyer under any circumstances whatsoever.
(b) You must provide the following "return address" in case of failed delivery: Ticketmaster Fan-To-Fan Exchange Returns, c/o Ticketmaster Ireland, 2nd Floor, College Park House, 20 Nassau Street, Dublin 2, D02 VY46 (rather than your address).
(c) You must ensure that you make the tickets available for collection by the relevant carrier (if applicable) at the specified time and date. If, for any reason, such collection is unable to be completed and a further collection slot needs to be booked and/or a "missed collection" charge is charged to us by the relevant carrier, we may seek to recover such charges from you.
(d) You must provide us with the tracking number of the consignment (if applicable), within 24 hours of dispatch or such other timeframe as we direct.
(e) You must not include any documentation or other materials in the envelope containing the tickets (i.e. no invoices, letterheads, business cards or compliments slips etc.).
- 5.6 If a buyer does not receive delivery of any Resale Tickets in time for the relevant event as a result of the tickets being delayed, lost or damaged in transit and through no fault of you or the buyer, we may require you to be responsible for the submission of all relevant documentation to the carrier, in order to claim the costs associated with the failed delivery. In such cases we will instruct the buyer to return the tickets to us and we will forward them you to enable you to make such claim.
- 5.7 You are responsible for ensuring the safe, secure and timely delivery of Resale Tickets to buyers. Any missed carrier collections (be it the fault of you or the carrier) and/or any notification of a failed delivery that you receive must be notified to us as soon as possible and in any event, in advance of the date of the relevant event.
- 5.8 If for any reason you are unable to fulfil any orders for Resale Tickets in accordance with our instructions, you must contact us immediately via our Fan-to-Fan Exchange Help Portal in order to attempt a resolution and must not take any action (such as supplying alternative tickets to the buyer) without having first consulted with us. In certain limited circumstances and in our sole discretion, where you have contacted us under this clause, we may facilitate an alternative fulfilment method, in which case: (a) you must follow all our instructions in relation to the same and provide all information and documentation required by us for such fulfilment; and (b) where applicable, you hereby grant us permission to provide your full original order details (including the last four digits of the payment card that was used to pay for the Primary Tickets) to the buyer and/or the event or venue box office in order to assist with fulfilment.
- 5.9 If you dispatch any incorrect Resale Tickets in error, you must contact us immediately via our Fan-to-Fan Exchange Help Portal in order to attempt a resolution. However, you acknowledge that:
(a) we may be unable to deal with mistakes or errors notified to us later than five business days after the date of dispatch (or earlier, depending on the circumstances); and
(b) any incorrect physical Resale Tickets dispatched less than five business days prior to the relevant event are at risk of not being returned to you in sufficient time for the buyer to be able to be sent correct physical Resale Tickets,
and consequently, if an order fails because of your dispatch error, you may not be entitled to receive payment for the sale and/or the terms of clause 8 will apply.
- 5.10 You should keep an accurate record of all details in relation to sales on the Ticket Exchange, including a record of which exact Resale Tickets have been dispatched to which buyers and by which methods (including ticket barcode numbers, carrier tracking numbers, and delivery slips).
- 5.11 You may use buyers' personal data strictly for the purpose of fulfilment of Resale Tickets only and for no other purpose whatsoever. You must also keep buyers' personal data strictly confidential and secure and must not contact buyers directly unless directly authorised to do so by Ticketmaster. Once a buyer has safely received their Resale Tickets, you should delete and/or destroy all records of the relevant buyer's personal data.
- 5.12 You understand that your name, postal address, email address and telephone number may be provided by us to a buyer if it becomes necessary for the purposes of fulfilling the order. Further information on how we use your personal data can be found in our Privacy Notice.
- 6. OTHER SELLER OBLIGATIONS
- 6.1 If we need to make enquiries about any Resale Tickets you have listed or sold, you should respond promptly and within such timeframes that we notify to you. If you are not contactable within our required timeframes, this may lead to order cancellation and/or the terms of clause 8 will apply.
- 6.2 If an event is cancelled in full:
(a) all live listings for the event (i.e. unsold Resale Tickets) will be removed from the Ticket Exchange, so sellers should check our Purchase Policy as you should be able to obtain a refund for any Primary Tickets that were unsold at the time of de-listing; and
(b) all orders for Resale Tickets that were confirmed prior to and at the time of cancellation of the event will be cancelled and the relevant buyers of such Resale Tickets will be refunded (and any buyers already in receipt of the Resale Tickets may be requested to send them back to us). In such circumstances, if you (seller) have already received payment for the relevant Resale Tickets, you will not be able to obtain a refund in respect of such tickets under our Purchase Policy (unless you sold any Resale Tickets for less than you paid for them as Primary Tickets, in which case you may be eligible for a partial refund of the difference between the amount you paid for the Primary Tickets and the amount you sold them as Resale Tickets for).
- 6.3 If an event is rescheduled or materially altered:
(a) the event listing page will be updated with the new information and all live listings will remain listed and available for sale. However, you (seller) may delist your Resale Tickets (provided they remain unsold at the time of delisting) so that you can request a refund from us for your Primary Tickets as originally purchased under our Purchase Policy; and
(b) buyers of orders for Resale Tickets that were placed prior to the announcement of the alteration or rescheduling of the event will be able to request to cancel their order. If a buyer does not opt to cancel their order, then the transaction will proceed as normal (and you (seller) will not be able to cancel your original Primary Tickets order in such circumstances). If a buyer opts to cancel their order, they will be refunded. In such circumstances, if you (seller) have already received payment for the relevant Resale Tickets, you will not be able to obtain a refund in respect of such tickets under our Purchase Policy (unless you sold any Resale Tickets for less than you paid for them as Primary Tickets, in which case you may be eligible for a partial refund of the difference between the amount you paid for the Primary Tickets and the amount you sold them as Resale Tickets for).
- 6.4 If you are a business seller and are registered for VAT, you acknowledge and agree the price you set for each Resale Ticket is inclusive of any applicable VAT. It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Resale Tickets. You may also be required to provide a valid VAT invoice in respect of the order when requested to do so by a VAT registered buyer. If in doubt about any of your tax obligations, you should seek specialist tax advice.
- 7. PAYMENT TO SELLERS
- 7.1 Payment to you of any Resale Ticket proceeds shall be made via Adyen MarketPay in accordance with Adyen's Terms and Conditions, usually within 10 business days of the event to which the Resale Tickets relate taking place.
- 7.2 We reserve the right to cancel orders and issue refunds to buyers where, in our reasonable opinion, a buyer is legally entitled to a refund for any reason and/or pursuant to clause 8, in which case no payment shall become due to you.
- 7.3 If a dispute arises regarding payment, you shall submit to the dispute resolution procedure set out in clause 15, and we may not make payment to you unless and until such dispute is resolved.
- 8. ENFORCEMENT ACTION AGAINST SELLERS
- 8.1 We reserve the right to de-list any listings and/or cancel any orders selling Resale Tickets on the Ticket Exchange if:
(a) You fail to comply with any listing conditions under clause 4.3;
(b) You are a business seller and fail to comply with clauses 4.3(g) or 6.4 and/or applicable law or regulation in relation to trading as a business;
(c) You fail to supply a buyer with the exact Resale Tickets ordered (including by way of a failed delivery or where the buyer receives Resale Tickets that do not match listed Resale Tickets or order confirmation);
(d) The buyer is denied entry to the relevant event through no fault of their own as a result of any act or omission by you (including any failure to comply with the terms of this Ticket Exchange Policy and/or any terms and conditions applicable to the Primary Ticket and/or any other applicable laws and regulations).
(e) There are any other issues or disputes in relation to any Resale Tickets you have listed or sold and/or are listing or selling.
- 8.2 If we carry out any de-listing or cancel orders pursuant to clause 8.1, then we also reserve the right, in our discretion to terminate your Ticketmaster account and/or cancel any sale or purchase orders and/or prohibit you from listing Resale Tickets or making future orders and/or prohibit you from using the TM Services in future.
BUYER TERMS (BUYING AND USING RESALE TICKETS)
- 9. PRICES, PAYMENT AND PLACING ORDERS
- 9.1 All prices for Resale Tickets offered for sale on the Ticket Exchange are inclusive of VAT and are broken down as follows:
(a) sale price of the Resale Ticket ("Sale Price"); plus
(b) any per-ticket service charges ("Service Charge"); plus
(c) any per-order handling and/or delivery fees ("Order Processing Fees").
You will also be notified of the price paid for the Resale Ticket when it was purchased as a Primary Ticket.
- 9.2 The Sale Price of a Resale Ticket may be higher than the price paid for the Resale Ticket when it was purchased as a Primary Ticket. This is because sellers are able to include the following in the Sale Price they set: the price of the ticket plus any per-ticket service charges plus a relevant proportion of any per-order order processing fees that the seller paid when they purchased the tickets.
- 9.3 Sellers may also increase or decrease (within certain boundaries) the Sale Price of listed Resale Tickets at any time prior to an order being submitted.
- 9.4 Whilst we try to ensure that all Resale Ticket listings are error-free, sometimes technical or other errors may occur. If an error results in an incorrectly confirmed order, we will inform you as soon as possible and give you the option of confirming your order with the correct detail or cancelling your order (in which case you will receive a full refund). If we are unable to contact you to confirm your order with the correct details, you agree that we may treat the order as cancelled and issue you with a full refund, without any further liability.
- 9.5 Because you can purchase Items for events taking place in several different countries, not all Items are priced in British Pound Sterling or Euros. All prices are displayed in the currency that they will be charged in, and we accept no responsibility or liability for additional charges you may be subject to by your credit or debit card provider, or any currency exchange rate fluctuations, which are entirely at your risk.
- 9.6 For some events we may offer the ability for you to purchase "Missed Event Insurance" in relation to your Resale Tickets, from our third party provider. Please note that purchase of such insurance is not covered by this Ticket Exchange Policy. Please see our provider’s Missed Event Insurance Terms and Conditions for further details (click here for the policy for events taking place in the Republic of Ireland Events and click here for the policy for events taking place in Northern Ireland).
- 9.7 Accepted methods of payment include Visa and MasterCard debit or credit cards. Gift cards cannot be used to make payments for Resale Tickets.
- 9.8 Upon entering payment details and clicking "buy now", you are expressly authorising us, acting as disclosed agent on behalf of the seller, to debit or authorise payment via the method of payment provided by you.
- 9.9 Once payment has been made, your order will be processed, and an order confirmation will be issued. A legally binding contract between you and the seller is formed upon the issuing of the order confirmation. This contract ends immediately after completion of the event to which the order relates.
- 9.10 If you do not receive an order confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm, via your Ticketmaster account or using our Fan-to-Fan Exchange Help Portal or by calling 0818 719317, whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for any costs or losses you incur if you assume that an order was or was not placed because you failed to receive an order confirmation.
- 9.11 All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full. In rare circumstances, if your payment is recalled by the associated bank (a "chargeback"), we reserve the right to cancel and refund such order even where an order confirmation has been sent. We accept no responsibility or liability for such cancellations, as these are outside our control.
- 9.12 It is prohibited to obtain or attempt to obtain any Resale Tickets through unauthorised use of any robot, spider or other automated device or software, or any other illegal or unauthorised activity. We reserve the right to cancel any orders that we reasonably suspect to have been made in breach of this Ticket Exchange Policy, without any notice to you, and any and all Resale Tickets obtained as part of such orders will be void.
- 9.13 To prevent fraud and protect us, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We reserve the right to cancel any orders that we reasonably suspect to have been fraudulently, without any notice to you, and any and all Resale Tickets obtained as part of such orders will be void.
- 9.14 Please ensure that you read the full Resale Ticket description details and are happy with your selection prior to purchase as we may be unable to rectify issues arising as a result of your mistake.
- 9.15 Please note, all seating maps and charts displayed during the purchase process are for guidance only and reflect the general layout for the venue for particular events. For some events, the layout and specific seat locations may vary without notice.
- 9.16 All Resale Tickets purchased via the Ticket Exchange remain subject to: (i) clause 8 (Ticket Rights and Obligations), clause 9 (Ticket Restrictions) and clause 10 (Event Timings and Admissions) of our Purchase Policy; (ii) any special terms and conditions applicable to the ticket and/or event; (iii) other terms and conditions of the relevant Event Partner(s) and/or event; and (iv) any venue terms and conditions (including conditions of entry).
- 9.17 All Resale Tickets purchased via the Ticket Exchange are final; you do not have a general right to cancel, and no refunds or exchanges will be given except where expressly set out in this Ticket Exchange Policy.
- 9.18 You understand that for the purposes of fulfilling your order, your contact details will be disclosed by us to the seller. Further information on how we use your personal data can be found in our Privacy Notice.
- 9.19 If you have any questions or concerns following the purchase of Resale Tickets, you should contact Ticketmaster using our Fan-to-Fan Exchange Help Portal directly and must not contact or attempt to contact the seller (save for business sellers you have a bona fide dispute with, although even in these circumstances we recommend you contact us in the first instance).
- 10. DELIVERY
- 10.1 Many Resale Tickets will be delivered via e-delivery directly into your Ticketmaster account and you are responsible for ensuring that you log into your Ticketmaster account and download the Resale Tickets in good time prior to the event.
- 10.2 Where Resale Tickets are delivered via e-delivery by email, you are responsible for providing a valid email address for e-delivery of the Resale Tickets and ensuring that you are able to receive the Resale Tickets by email (for example by ensuring that your email mailbox does not reject, bounce or otherwise prevent any relevant emails from being delivered and by checking your email mailbox regularly (including junk or spam folders).
- 10.3 Where Resale Tickets are being fulfilled by way of physical tickets (as opposed to via e-delivery) you are responsible for providing a safe and secure delivery address and ensuring that you are available to take delivery of the Resale Tickets (which may be delivered by any postal or courier provider). For some deliveries, a signature may be required. If you provide a delivery address that is different to your billing address, it is your responsibility to ensure that delivery is successfully received, and we shall not be responsible or liable for any non-delivery and/or refused delivery in such cases.
- 10.4 Neither the seller nor we shall be liable for, and you will not be entitled to any refund where delivery is refused, returned, missed, unclaimed or fails as a result of your failure to provide correct and complete delivery information and/or failure to ensure you are available to receive delivery of Resale Tickets (whether physically or via email, as applicable) or your failure to download Tickets from your Ticketmaster account, as applicable.
- 10.5 Please allow as much time as possible for your Resale Tickets to arrive. If your Tickets have not arrived by 5 days before the event (or 5 days before you depart for the event, if earlier), or if you receive a notification of a failed delivery at any time, you should contact us using our Fan-to-Fan Exchange Help Portal for instructions (stating your name, reference number and postcode that the order is made under).
- 10.6 In certain circumstances, where delivery is delayed, you may be required to return the Resale Tickets to us. Please note, if you receive a notification of a failed delivery, you must notify us of the same within 30 days of your "Dispatch Confirmation Email" being sent in order to be considered (we are unable to investigate any failed delivery issues after this period).
- 10.7 Where Resale Tickets are being fulfilled by way of "Collection" (either from us or the relevant event box office), such collection may be subject to certain conditions and restrictions (including that you may need to present proof of your identity). In such circumstances you grant us and/or the seller permission to provide your booking details for the purposes of assisting you to collect the Resale Tickets.
- 10.8 In certain circumstances, the fulfilment method may need to change, in which case we will notify you and confirm any instructions necessary to facilitate fulfilment of the Resale Tickets by the new method, including as follows:
(a) if the delivery method is changed to "Collection" and you are provided with any personal data of the seller in order to facilitate such collection, upon collection of the Resale Tickets, you must delete and/or destroy any documents and other electronic or hard copy records containing the personal data of the seller;
(b) if the delivery method is changed to postage, you will be required to provide a safe and secure delivery address and ensure that you are available to take delivery of the Resale Tickets; and
(c) if the delivery method is changed to e-delivery, you will be required either to (i) ensure that you log into your Ticketmaster account and download the Resale Tickets in good time prior to the event; or (ii) provide a valid email address and ensure that you are able to receive delivery of the Resale Tickets by email, and the change in fulfilment method shall not give you the right to cancel your order.
- 10.9 It is your responsibility to check your Resale Tickets immediately once they have been delivered as mistakes cannot always be rectified. You should contact us using our Fan-to-Fan Exchange Help Portal immediately if there is a mistake or error with your Resale Tickets or if you do not receive your Resale Tickets as ordered and/or as described in your order confirmation. We may not be able to assist you if you do not inform us of any errors that are reasonably obvious from inspection of your Resale Tickets within 5 days of receipt (and/or in good time prior to the event date).
- 10.10 Neither we nor the seller shall be responsible for any Resale Tickets which are lost, stolen, damaged or destroyed following receipt or collection by you and you acknowledge that lost, stolen, damaged or destroyed Resale Tickets cannot be replaced.
- 11. EVENT CANCELLATIONS AND ALTERATIONS
- 11.1 If an event is cancelled, rescheduled or materially altered, we will use reasonable endeavours to notify you once we have received the relevant information and authorisation from our Event Partner. However, we cannot guarantee that you will be informed of such cancellation, rescheduling or alteration before the date of the event. It is your responsibility to ascertain whether an event has been cancelled, rescheduled or altered and the date and time of any rescheduled event.
- 11.2 Cancellation: If an event for which you have purchased Resale Tickets is cancelled in full (and not rescheduled), your order will be cancelled, and you will be refunded the Sale Price of your Resale Tickets, plus the relevant Service Charges. Your Order Processing Fees will not be refunded if your Resale Tickets have already been dispatched or delivered to you. If you have purchased Resale Tickets for an event that takes place over several days and one or more days (but not all days) are cancelled, you may only be offered a proportionate partial refund.
- 11.3 Rescheduling: If an event for which you have purchased Resale Tickets is rescheduled, Resale Tickets will usually be valid for the new date (or you will be offered Resale Tickets of a value corresponding with your original Resale Tickets for the rescheduled event, subject to availability). If you notify us within the specified deadline that you are unable to attend the rescheduled event, you will be able to cancel your order and obtain a refund of the Sale Price of your Resale Tickets plus the relevant Service Charges. Your Order Processing Fees will not be refunded if your Resale Tickets have already been dispatched or delivered to you. Failure to notify us within any specified deadline that you are unable to attend the rescheduled event will be deemed to be a reconfirmation of your order for Resale Tickets for the rescheduled event, and you will not be able to claim a refund.
- 11.4 Material Alteration: If an event for which you have purchased Resale Tickets is "materially altered" (as defined in clause 11.5 below), Resale Tickets will usually be valid for the altered event (or you will be offered Resale Tickets of a value corresponding with your original Resale Tickets for the altered event, subject to availability). If you notify us within the specified deadline that you do not wish to attend the altered event, you will be able to cancel your order and obtain a refund of the Sale Price of your Resale Tickets plus the relevant Service Charges. Your Order Processing Fees will not be refunded if your Resale Tickets have already been dispatched or delivered to you. Failure to notify us within any specified deadline that you do not wish to attend the altered event will be deemed to be a reconfirmation of your order for Resale Tickets for the altered event, and you will not be able to claim a refund.
- 11.5 For the purposes of this Ticket Exchange Policy, a "material alteration" is a change (other than a rescheduling) which, in our and the relevant Event Partner's reasonable opinion, makes the event materially different to the event that purchasers of Resale Tickets, taken generally, could reasonably expect. In particular, please note that the following are not deemed to be "material alterations": the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
- 11.6 To claim a refund under clause, 11.2, 11.3, 11.4, please follow the instructions we provide to you or apply in writing to: Ticketmaster Fan-To-Fan Exchange Returns, c/o Ticketmaster Ireland, PO Box 4695, Dublin 2 Ireland (or such other address as notified to you by us). Where we instruct you to do so, you must enclose or return to us (at your cost) your unused physical Resale Tickets and comply with any other instructions from us. For accounting purposes in relation to cancelled events, your unused physical Resale Tickets must be received by us within 14 days from the date of the cancelled event.
- 11.7 Refunds will be made using the same means of payment as you used for the initial purchase.
- 12. INTERPRETATION
- 12.1 The terms "including", "include", "in particular", "e.g." or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- 12.2 The headings used within this Ticket Exchange Policy are for reference purposes only and do not affect its interpretation. Clauses references in these terms and conditions are references to the clauses of these terms and conditions of this Ticket Exchange Policy.
- 12.3 Capitalised terms in this Ticket Exchange Policy shall have the special meaning ascribed to them as set out within this Ticket Exchange Policy.
- 13. WARRANTIES AND INDEMNITIES
- 13.1 You represent and warrant that the information that you submit to us in relation your account and in your use of the TM Services is true, accurate and complete and you will not use any false information, including contact information. You further warrant and represent that you are aged 18 years or over and can enter into legally binding contracts.
- 13.2 You represent and warrant that in using our website and the Ticket Exchange, you shall comply with all applicable laws and regulations, along with the terms of this Ticket Exchange Policy and any other applicable terms and conditions.
- 13.3 You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the "Indemnified Parties") against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of this Ticket Exchange Policy or any other applicable terms and conditions, breach of any applicable laws or regulations, or breach of any third party rights.
- 13.4 If you are using the Ticket Exchange in the course of a business, you hereby indemnify and hold the Indemnified Parties harmless against all losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered) that arise out of any third party or government authority claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing pursuant to any tax regulation, order, law or decree, or any dispute concerning the tax status of you or us. You further agree and acknowledge that we are in no way responsible for the accuracy or suitability of any calculation or payment of taxes to any tax authority on your behalf (whether as a buyer or seller).
- 14. LIMITATION OF LIABILITY
- 14.1 To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Event Partners shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by the Event Partner):
(a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or the relevant Event Partner;
(b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our or an Event Partner’s negligence); or
(c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of this Ticket Exchange Policy and/or any other applicable terms and conditions and/or any applicable laws or regulations.
- 14.2 To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Event Partners, shall not be liable for any indirect or consequential losses or loss of data, profits, revenue, earnings, goodwill, reputation, enjoyment or opportunity, or for distress, or any exemplary, special or punitive damages, arising directly or indirectly from your use of the TM Services and/or any listings, sales or purchases made under this Ticket Exchange Policy. In particular please note that:
(a) personal arrangements and expenditure, including travel, accommodation, hospitality and other costs and expenses incurred by you relating to an event which have been arranged by you are at your own risk, and neither we nor the relevant Event Partners shall be responsible or liable to you for any wasted or unrecoverable costs or expenditure in relation to such personal arrangements, even if caused as a result of the cancellation, rescheduling or alteration of an event for which you have sold or purchased tickets under this Ticket Exchange Policy; and
(b) neither we nor any relevant Event Partner shall be responsible or liable to you for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or altered; and
(c) neither we nor any relevant Event Partner shall be responsible or liable to you (and you will not be entitled to any refund) if admission to a venue or event is refused or revoked at any time as a result of your breach of any Event Partner’s terms and conditions.
- 14.3 Unless otherwise stated in this clause 14, our and any relevant Event Partner’s liability to you in connection with an event (including, but not limited to, for any cancellation, rescheduling or alteration of an event) and any Resale Tickets you have listed, sold or purchased shall be limited to the price paid by you the relevant Resale Tickets, including any Service Charges but excluding any Order Processing Fees.
- 14.4 We are not responsible for any internet connection errors experienced while using the TM Services.
- 14.5 We are not responsible for the actions or failures of any Venue, performer, promoter or other Event Partner. Under no circumstances shall we be liable for death or personal injury suffered by you or your guests arising out of attendance at an event, unless caused by our negligence. Neither shall we be liable for any loss or damage sustained to your property or belongings or those of any guests under your booking attending an event.
- 14.6 We will not be liable to you for failure to perform any of our obligations under this Ticket Exchange Policy to the extent that the failure is caused by a force majeure event (meaning any cause beyond our reasonable control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments). This clause does not affect the terms of any clauses specifically providing for a right of refund.
- 14.7 Nothing in this Ticket Exchange Policy seeks to exclude or limit our or any Event Partner’s liability for death or personal injury caused by our or any Event Partner’s negligence, fraud or other type of liability which cannot by law be excluded or limited.
- 14.8 We cannot control the acts or omissions of third parties using the Ticket Exchange. Therefore, we make no warranty in relation to any goods or services provided by sellers or any acts or omissions of any users (whether buyers or sellers). You agree that you have no claim against us for the actions, whether negligent or intentional, of any other users of the Ticket Exchange, other than where we are at fault.
- 14.9 If a dispute arises between you and another user (whether a buyer or seller), you release us (and our affiliates, parent undertakings, subsidiaries, and its respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute. However, we will try to assist with resolving any such disputes; please see clause 15 for further details.
- 15. QUERIES, COMPLAINTS AND DISPUTE RESOLUTION
- 15.1 If we need to contact you, we will use your Ticketmaster account contact details. It is your responsibility to inform us immediately of any changes to your contact details at any time, whether before or after receipt of any Resale Tickets. In particular, please ensure that you provide us with a valid email address as this is our preferred method of contacting you. You should also be aware that your email mailbox settings may treat our emails as junk, so remember to check your junk and/or spam folders.
- 15.2 If you have any queries or complaints regarding your listing, sale or purchase, please contact us using our Fan-to-Fan Exchange Help Portal, quoting any order reference numbers. You can also email us at: email@example.com.
- 15.3 Your query or complaint shall be acknowledged by us as soon as possible and in any event, within five business days of receipt.
- 15.4 We may need to contact one or more Event Partners for more information before responding to your query or complaint.
- 15.5 If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to you, us and any relevant Event Partner. Please note, some complaints can take as much as 28 days to resolve.
- 15.6 Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation with you within 28 days, you and we may attempt to settle it by mediation. To initiate mediation, a party must give written notice to the other parties to the dispute requesting a mediation.
- 15.7 Nothing in this Ticket Exchange Policy affects or restricts your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of dispute resolution such as through the European Union Online Dispute Resolution Platform ("EU ODR Platform"), a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider.
- 16. GENERAL
- 16.1 If we delay or fail to enforce any of the provisions of this Ticket Exchange Policy, it shall not mean that we have waived our right to do so.
- 16.2 We shall be entitled to assign our rights and obligations under this Ticket Exchange Policy provided that your rights are not adversely affected.
- 16.3 If any provision of this Ticket Exchange Policy is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from this Ticket Exchange Policy and this shall not prevent the other provisions from continuing to remain in full force and operate separately.
- 16.4 If any provision of this Ticket Exchange Policy is or becomes illegal, invalid or unenforceable pursuant to the law of any applicable jurisdiction, this shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Ticket Exchange Policy.
- 16.5 Nothing contained within this Ticket Exchange Policy and no action taken by you or us pursuant to this Ticket Exchange Policy shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent.
- 16.6 Any notice provided under this Ticket Exchange Policy shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email).
- 16.7 This Ticket Exchange Policy shall be governed by and construed in all respects in accordance with Irish law and both you and we agree to submit to the non-exclusive jurisdiction of the Irish courts in relation to any dispute arising out of or in connection with this Ticket Exchange Policy.
Last updated: 12 March 2019