Terms & Conditions
General Terms and Conditions of SportStadion bv., trading as Motorsport Live Netherlands
- SportStadion bv.
- Leonard Springerlaan 17
- 9727 KB Groningen
- Chamber of Commerce: 70198950
- BTW no: NL858187000B01
Article 0 General rule
As a general rule applicable to all contracts entered into with Motorsport Live Netherlands the consumer conditions of the ANVR are applicable.
Article 1 Definitions:
The following terms have the following meanings in these General Terms and Conditions, whether in singular or plural form:
a: General Terms and Conditions: these General Terms and Conditions of Motorsport Live Netherlands;
b: Event: the organised event of a sporting and/or recreational, musical and/or cultural nature for which Motorsport Live Netherlands sells Tickets;
c: Event Holder: the natural or legal person who organises an Event and is responsible for it;
d: Customer: the natural or legal person with whom Motorsport Live Netherlands enters into a contract, or to whom Motorsport Live Netherlands makes an offer;
e: Contract: the contract between Motorsport Live Netherlands and Customer for obtaining Tickets for Events or for the travel to /in connection with that Event;
f: Ticket: the document that serves to grant access to an Event, including an electronic Ticket;
g: Motorsport Live Netherlands: the private limited liability company SportStadion bv, having its registered office in Groningen and registered with the Trades register of the Chamber of Commerce under number 70198950;
h: Supplementary products or services: the sale of supplementary products or services by Motorsport Live Netherlands on its own behalf or on behalf of third parties;
i: Cancellation costs: the total invoiced amount of the Contract.
J: Service costs: the amount charged by Motorsport Live Netherlands for each booking in respect of administration and delivery costs.
Article 2 Applicability of General Terms and Conditions:
a: These General Terms and Conditions are applicable to all offers by, orders placed with, legal relations and contracts whereby Motorsport Live Netherlands sells and/or supplies products and/or services of whatever nature and scope to a Customer, including any products /services which may not be (further) described in these General Terms and Conditions. It is therefore of vital importance that the Customer reads these General Terms and Conditions at the time of purchase of Tickets by Customer and that he saves or prints off a copy of these General Terms and Conditions in order to be aware of the General Terms and Conditions which are applicable to the Contract.
b: Motorsport Live Netherlands expressly rejects the applicability of any other conditions of the Customer. The Customer accepts these General Terms and Conditions of Motorsport Live Netherlands as part of the creation of a Contract between Motorsport Live Netherlands and the Customer.
c: Parties may only agree amendments to these General Terms and conditions in writing.
d: Motorsport Live Netherlands is entitled to amend the General Terms and Conditions without prior notification and to declare the applicability of the revised General Terms and Conditions to Contracts. The revised General Terms and Conditions can be viewed on Motorsport Live Netherlands’s website.
e: The general terms and conditions of the Event Holder of the Event are applicable to the Contract. If the Customer is not (yet) in possession of these the Event Holder will send the applicable general terms and conditions to the Customer upon request.
Article 3 Creation of Contract:
a: Unless otherwise agreed in writing, all offers, including advertisements and pricelists, are without obligation.
b: When offering and selling Tickets Motorsport Live Netherlands acts as an intermediary in the creation of the Contract between Customer and Event Holder. Motorsport Live Netherlands is not a party to the Contract which is created by the sale of a Ticket. The Contract comes into existence once Customer has bought one or more Tickets via Motorsport Live Netherlands. Motorsport Live Netherlands sells the Tickets on behalf of the Event Holder.
c: Before confirming his booking and/or order Customer should always check whether the right Tickets have been booked and/or ordered. Upon making the booking and/or order Customer must always use and provide a valid (and functioning) (email) address.
d: If the Customer opts to receive Tickets electronically, i.e. an electronic Ticket without physical form, the risk of loss, theft and/or misuse of the Ticket is borne by the Customer from the moment that the Tickets have reached him.
e: In the event of doubt over the accuracy of the data provided by Customer upon inputting the booking and/or order, Motorsport Live Netherlands may contact the Customer using the data that the Customer has provided. If Motorsport Live Netherlands cannot contact the Customer using the data provided by the Customer and Motorsport Live Netherlands is therefore unable to verify the accuracy of the data provided by the Customer, Motorsport Live Netherlands is entitled to annul the booking and/or order and to sell the Tickets to another Customer.
f: In the situations described above Motorsport Live Netherlands will use its best endeavours to inform the Customer.
g: All Contracts are entered into subject to the condition precedent of sufficient availability of the relevant Tickets, products and/or services.
h: Motorsport Live Netherlands and/or the Event Holder reserves the right to set a maximum number of Tickets available for booking/purchase. In the event of the maximum being exceeded by the Customer Motorsport Live Netherlands and/or the Event Holder is entitled to annul the booking of the Tickets above the maximum number and to invalidate the relevant Tickets.
i: When selling Tickets Motorsport Live Netherlands may perform supplementary and/or other activities. If Motorsport Live Netherlands sells products or services of third parties this way the (general) terms and conditions of these third parties shall be applicable to the (supply of) the relevant products and services.
j: Tickets cannot be returned. The provisions of article 6:230p subclause e of the Civil Code are applicable to Tickets.
Article 4 Prices and payment:
a: Motorsport Live Netherlands sells Tickets on behalf of Event Holders who determine the number of available places. Information concerning price and availability is provided free of obligation and subject to contract.
b: Customer pays the price stated in the Contract for products and/or services ordered via the website. Payment occurs in the manner stated by Motorsport Live Netherlands. Further (payment/order) conditions may be attached to the order.
c: The prices charged may vary from the nominal price of the tickets because these include all costs with the exception of service charges.
d: All prices charged by Motorsport Live Netherlands are in euros and include BTW, unless expressly stated otherwise.
e: Motorsport Live Netherlands charges a service charge on each order.
f: If Customer fails to pay the amount due on time Customer is immediately liable to pay the statutory interest on the outstanding amount without the requirement of any reminder or notice of default. If following a reminder or notice of default Customer continues to fail to pay the amount due Motorsport Live Netherlands may engage third parties to recover the debt, in which case Customer is liable, in addition to the total amount due, to pay all legal and extra-judicial costs, including costs charged for external experts in addition to the costs established under the law.
g: Payment of the price agreed in the Contract is always due immediately. For businesses (registration with the Chamber of Commerce is mandatory) different payment periods apply, which are stated below:
· Payment for Tickets must be standing on Motorsport Live Netherlands’s bank account no later than 14 days following invoice date and if the event takes place within 4 weeks payment is due immediately.
· If Supplementary services and/or products are purchased payment must be made immediately if the event is to take place within 6 weeks of booking. If the event takes place more than 6 weeks after booking then an instalment of 40% is payable within 5 work days and the remainder is payable to Motorsport Live Netherlands no later than 6 weeks prior to the event.
Article 5 Delivery period:
a: Tickets are sent to the (email) address that Customer has provided upon ordering. Motorsport Live Netherlands will regard the (email) address provided by Customer as being correct until Customer has informed Motorsport Live Netherlands of a new (email) address.
b: Delivery periods stated by Motorsport Live Netherlands are never fundamental terms, unless otherwise expressly agreed in writing. Should Motorsport Live Netherlands fail to deliver tickets on time written notice of default is required .
c: Motorsport Live Netherlands is not liable for (consequential) damage, including (consequential) damage if the delivery of tickets fails as a result of the provision of an incorrect email address or delivery address, failure to adequately inform the resident of the address provided, or if the Customer fails to receive, collect or have the tickets collected, and the purchaser is informed prior to dispatch, or if third parties engaged by Motorsport Live Netherlands fail to make correct or timely delivery.
d: Exceeding a delivery period does not entitle Customer to compensation for damages or afford any right to cancel the order or annul the Contract, unless the failure to deliver on time is such that Customer can no longer reasonably be expected to be bound by the Contract.
e: The dispatch of Tickets takes place following full payment (via iDeal, creditcard, AfterPay, or as otherwise agreed ) of the price agreed in the Contract.
Article 6 Cancelled or rescheduled Events:
a: The Customer is responsible for finding out whether an Event is cancelled or rescheduled and, if so, what the new time or location will be. Although Motorsport Live Netherlands will attempt to inform the Customer once Motorsport Live Netherlands has received the necessary information from the Event Holder, Motorsport Live Netherlands cannot guarantee that Customer will be informed of the cancellation prior to the date of the Event. Motorsport Live Netherlands is not responsible or liable for any costs incurred.
b: If an Event is rescheduled to another location or date the Event Holder may attach conditions to the reimbursement of the Ticket price.
c: If an Event is cancelled or rescheduled the Customer can return the ticket in accordance with the arrangements determined by the Event Holder. For the relevant conditions we refer you to the General Terms and Conditions of the Event Holder. If the Event Holder asks Motorsport Live Netherlands to reimburse the Ticket price to the Customer, then Motorsport Live Netherlands will do this once it has received the money in question from the Event Holder. Service costs are not refundable.
d: In the event of the cancellation or relocation/postponement of an event any other products and/or services sold by way of supplementary/other activities are not eligible for reimbursement.
Article 7 Tickets:
a: The Customer is not permitted to resell a Ticket if this is in contravention of the law. Besides this an Event Holder may prohibit the resale or use of a Ticket for commercial purposes. The Customer should find out about this from the general terms and conditions of the organiser which are referred to on the Ticket (and during the order process). In the event of (an attempt to) resell or make commercial use of tickets in contravention of the law or the terms and conditions of the Event Holder, the Event Holder is entitled to declare the relevant Ticket invalid and/or to impose a fine on the Customer. Holders of invalid tickets will be denied access to the Event, without entitlement to compensation for damage.
b: Upon receipt the Customer should check the Tickets, given that faults cannot always be rectified. Tickets can no longer be exchanged or refunded following purchase.
c: Special wishes and preferences, such as booking space for wheelchairs or preferred positions, must be made known explicitly and in good time. Motorsport Live Netherlands gives no guarantee whatsoever that special requirements can be met.
Article 8 Cancellation conditions:
a: If Customer cancels the Contract and Customer has only purchased Tickets, then Customer is liable for 100% cancellation costs.
b: If Customer cancels the Contract and Supplementary products or services have been purchased, the following cancellation conditions apply:
a) Cancellation more than 6 weeks prior to Event: 40% of the Cancellation costs;
b) Cancellation between 4 and 6 weeks prior to Event: 75% of the Cancellation costs;
c) Cancellation between 2 and 4 weeks prior to Event: 90% of the Cancellation costs;
d) Cancellation within 2 weeks of the Event :100% of the Cancellation costs.
Article 9 Intellectual and Industrial Property rights:
a: The industrial and intellectual property rights attaching to the Ticket from Motorsport Live Netherlands are the property of Motorsport Live Netherlands or its licence granter. Customer shall refrain from behaviour which could adversely affect the rights or other interests in this regard of Motorsport Live Netherlands or its licence granter.
b: Customer is not permitted to remove or alter any notification concerning copyrights, brands, trademarks or other rights of industrial or intellectual property on the Ticket, or to make any change to the form or any other characteristic of the Ticket.
c: Customer is prohibited from falsifying, copying or in any other way reproducing the Ticket.
d: The Contract does not extend to the assignment of any intellectual property right from Motorsport Live Netherlands to Customer.
Article 10 Privacy:
a: The Customer is deemed to have become familiar with Motorsport Live Netherlands’s privacy statement which can be consulted on Motorsport Live Netherlands’s website, and to agree to the processing of personal data provided by him as described in the statement.
b: The Customer agrees that its data will be shared with McLaren Racing.
Article 11 Liability:
a: Motorsport Live Netherlands shall not be deemed to be the organiser (Event Holder) of the Event, is not responsible for it, and gives no guarantee of the quality and content of the Event or the state of affairs in and around the Event, and the company therefore accepts no liability whatsoever.
b: With the exception of the other provisions concerning liability in these General Terms and Conditions the total liability of Motorsport Live Netherlands in respect of attributable failure in the performance of its obligations, or in respect of an unlawful act, is limited to compensation exclusively for direct damage up to the amount charged to the Customer for the Tickets and any supplementary services, unless the damage is a result of the intentional act and/or gross negligence on the part of Motorsport Live Netherlands or its subordinates. Liability for consequential damage is expressly excluded.
c: The liability of Motorsport Live Netherlands with regard to attributable failure in the performance of the contract only arises in any case if Customer gives Motorsport Live Netherlands immediate and due written notice of breach, including a reasonable period of time for remedying the failure, and if Motorsport Live Netherlands continues to fail to perform its obligations following the expiry of that period of time. The notice of breach must include the most detailed possible description of the failure to perform, so that Motorsport Live Netherlands is in a position to respond appropriately.
d: Customer indemnifies Motorsport Live Netherlands for all third party claims relating to the failure on the part of Customer to comply or to adequately comply with any obligations in favour of Motorsport Live Netherlands, whether or not derived from the General Terms and Conditions.
e: The coming into existence of any right to compensation for damage is at all times conditional on Customer reporting the damage to Motorsport Live Netherlands explicitly in writing, without delay.
f: Motorsport Live Netherlands can never be held liable for any form of damage or loss of the Ticket. In the event of loss or theft Customer may not claim entitlement to a replacement Ticket or repayment of any money. Motorsport Live Netherlands is also not liable for delay, failure to deliver or incorrect delivery of Tickets, if the delay, failure to deliver or incorrect delivery cannot be attributed to Motorsport Live Netherlands.
g: Motorsport Live Netherlands accepts no liability whatsoever for Tickets obtained via Customer by third parties. Motorsport Live Netherlands can also not guarantee the authenticity of such tickets.
h: Motorsport Live Netherlands cannot be held liable in any way for any damage suffered by the holder of the ticket due to the actions or omissions of third parties.
i: Motorsport Live Netherlands accepts no liability whatsoever for damage arising due to the actions of third parties or damage arising as a result of supplementary products or services purchased by third parties.
Article 12 Force majeure:
a: Force majeure shall be understood to include any failure which cannot be attributed to Motorsport Live Netherlands because it is not attributable to the company’s fault and the company is not accountable for it either under legislation, judicial precedent or generally accepted standards.
b: Without prejudice to any of its other rights and entitlements, in the event of force majeure Motorsport Live Netherlands is entitled to suspend performance of the Customer’s order and inform the Customer of this without Motorsport Live Netherlands being held accountable for any compensation for damages, unless this should prove unreasonable in the circumstances and in accordance with accepted standards of reasonableness and fairness.
Article 13 Applicable law and jurisdiction:
a: Dutch law is applicable to all contracts with Motorsport Live Netherlands.
b: All disputes which may arise in relation to the contract or the applicable General Terms and Conditions will be subject to the jurisdiction of the competent member of the judiciary in the court of North Netherlands, located in Groningen.
Article 14 Miscellaneous:
a: It is possible that Customers may undergo a body search prior to the Event. Access may be refused to persons not willing to undergo this, without right of restitution of any money.
b: Customers arriving too late at an Event will – if possible – be permitted to enter at suitable moments during the Event. However access cannot be guaranteed.
c: Where in these General Terms and Conditions Motorsport Live Netherlands undertakes to give notice in writing, Motorsport Live Netherlands is entitled to give such notice electronically, including but without limitation to via email or fax.
d: Manifest errors and typing errors on Motorsport Live Netherlands’s website or in quotations, order confirmations, Tickets and/or other documents will not be binding on Motorsport Live Netherlands.
e: In the event of any difference of opinion between Motorsport Live Netherlands and Customer regarding the translation and/or interpretation of the General Terms and Conditions the Dutch language version shall prevail.
f: If one or more of the provisions of these General Terms and Conditions or any other contract with Motorsport Live Netherlands should contravene any applicable legal obligation the relevant provision will cease to apply and will be replaced by Motorsport Live Netherlands with a comparable new provision which is legally enforceable.
g: These General Terms and Conditions have been deposited with the Chamber of Commerce in Groningen, and can also be consulted on Motorsport Live Netherlands’s website.