- Definitions
In these terms, the following definitions apply:
General Terms and Conditions: these General Terms and Conditions of CM.com for Visitors;
Visitor: the natural person or legal entity purchasing one or more Tickets via CM.com for an Event;
CM.com: CM.com Ticketing B.V. is the contracting party providing the services, registered with the Chamber of Commerce under number 55349196, located at Konijnenberg 30, 4825 BD Breda;
Event: a public or private occurrence with various activities, such as artistic and/or sporting performances. These include but are not limited to: musicals, theater, drama, or music performances, concerts, shows, or sporting events for which CM.com sells Tickets;
Order Number: a unique number linked to a specific Visitor/order, stated on the purchased Ticket.
Organizer: the natural person or legal entity responsible for organizing the Event;
Agreement: the agreement between the Organizer and the Visitor regarding paid services connected to an Event, established through mediation by CM.com;
Ticket: the document obtained via official channels functioning as an entry permit to the Event;
Website: all websites utilizing CM.com services and/or software to enable Ticket sales.
2. Applicability of General Terms and Conditions
2.1 These General Terms and Conditions apply to all services and offers by, and orders with CM.com, specifically to any Ticket order via the Website. By ordering a Ticket, an Agreement is established with the Event Organizer.
2.2 The Visitor must also comply with (i) any specific conditions indicated and applicable to a Ticket and/or Event; (ii) other conditions set by the Organizer and/or the Event; and (iii) any venue conditions. In the event of a conflict between these General Terms and any other terms related to the Ticket purchase, these General Terms take precedence.
2.3 The Organizer's general terms for the event apply to the Agreement between the Visitor and Organizer. If the Visitor does not possess these terms, the Organizer will provide them upon the Visitor's request.
3. The Agreement
3.1 CM.com's service involves the distribution of Tickets. A Ticket only represents the right of admission, specifically to an Organizer's Event. The purchase of a Ticket results in two separate agreements: one between Visitor and CM.com, and one between Visitor and the Organizer of the Event for which the entry right is purchased.
3.2 By purchasing a Ticket via CM.com for an Organizer's Event, an agreement is established between the Visitor and the Organizer. This agreement concerns rights and obligations regarding access to the Organizer's Event. CM.com acts as an intermediary in establishing the agreement between Visitor and Organizer and is not a party to this agreement. CM.com is explicitly not a contracting party in the Agreement between Visitor and Organizer.
3.3 The agreement between CM.com and Visitor pertains to the ordering and delivery process of the Ticket. CM.com delivers the Ticket to the Visitor on behalf of the Organizer.
4. Price and Payment
4.1 CM.com sells Tickets on behalf of the Organizer, determining the price and number of available seats. Price and availability information is provided without obligation and is subject to change. The statutory VAT rate applies.
4.2 Per Ticket, service fees are charged, and in some cases, transaction and delivery costs per order.
4.3 CM.com's accepted payment methods are listed on the Website. Transaction fees may vary by payment method. 4.4 Payment methods offered by CM.com may differ per Event.
4.5 Once purchased, Tickets cannot be returned to CM.com. The provisions of article 6:230p clause e of the Dutch Civil Code apply to Tickets.
5. Tickets
5.1 Tickets are provided electronically. The Visitor is responsible for providing correct contact details to be used for Ticket issuance.
5.2 The Ticket consists of a document with Event details and a unique code (QR or barcode). The code is scanned at admission and grants access to the Event for one person.
5.3 Tickets issued by CM.com remain the Organizer's property at all times. Visitors are not allowed to resell a Ticket if this violates the law. Additionally, the Organizer may prohibit the resale or commercial use of a Ticket. The Visitor must check this in the Organizer's terms referred to on the Ticket and during the ordering process. In cases of (attempted) resale or commercial use contrary to the law or the Organizer's terms or any other violation of these or the Organizer's terms, the Organizer has the right to void the Ticket and/or impose a fine on the Visitor. Holders of invalid tickets will not be granted access to the Event and have no right to compensation.
5.4 After receipt, the Visitor must immediately check the Tickets for accuracy. After purchase, Tickets cannot be exchanged or refunded.
5.5 CM.com and/or Organizer reserve the right to set a maximum on the number of Tickets to be ordered.
6. Cancellation of the Event
6.1 The Visitor is responsible for checking on which date and location an Event takes place, and if it proceeds. For information, the Visitor is referred to the Organizer. The Organizer is the party able to provide information about any change of date or location and possible cancellation of an Event. CM.com is not liable or responsible for any costs incurred in the event of cancellation or relocation of the Event.
6.2 CM.com offers Visitors the opportunity to purchase cancellation insurance for the purchased Ticket. The cancellation insurance is provided by CM.com Ticket Guarantee N.V. The additional conditions of CM.com Ticket Guarantee N.V. apply to the Agreement if the Visitor has purchased cancellation insurance. For more info: https://www.cm.com/cdn/web/nl-nl/file/ticketgarantie-voorwaarden.pdf
6.3 If an Event is canceled or moved, the Visitor may return the Ticket in accordance with the Organizer's policy. CM.com refers the Visitor to the Organizer's general terms for this. If the Organizer requests CM.com to refund the ticket price, whether partially or fully, CM.com will proceed to this after receiving funds from the Organizer. Transaction fees are not reimbursed.
7. Liability
7.1 CM.com cannot be regarded as the Organizer of the Event and is not a party to the Agreement between the Organizer and the Visitor. Thus, CM.com is not liable or responsible for the services provided, including but not limited to, the (artistic) quality, organization, and content of the Event. Moreover, to the extent permitted by law, CM.com accepts no liability for any damage caused by death, injury, accidents, impairment, loss, damage, or theft before, during, or as a result of attending the Event. Reference is made to the (general terms of the) Organizer of the Event.
7.2 If and insofar as CM.com cannot fulfill its obligations to the Visitor due to force majeure, the Visitor cannot claim any compensation. Force majeure is defined as any situation for which CM.com cannot be held liable because it is not due to its fault nor accountable under the law, legal act, or prevailing concepts in society.
7.3 CM.com accepts no liability for loss or damage of Tickets by the Visitor for any reason. From the moment the Ticket is made available to the Visitor, the risk of loss, theft, damage, or misuse of the Ticket rests with the Visitor. CM.com is also not liable for delay and/or failure or incorrect delivery of Tickets, if such delay or failure cannot be attributed to CM.com.
7.4 If CM.com is liable to the Visitor concerning its other obligations, CM.com’s liability for an attributable failure in performance or tort is limited to compensation for direct damage up to the amount charged or chargeable for the Tickets to the Visitor, unless the damage is the result of intent and/or gross negligence by CM.com or its subordinates. The liability for attributable failure in the performance of an agreement arises only if the Visitor promptly and adequately gives written notice of default to CM.com, granting a reasonable period to remedy the failure, and CM.com continues to fail in its obligations after that period. The notice of default must contain the most complete and detailed possible description of the failure to allow CM.com to respond appropriately.
8. Intellectual Property
8.1 The Visitor respects CM.com's (intellectual) property rights. All intellectual property rights on the Ticket provided by CM.com to the Visitor under the Agreement, such as designs, brand name, and logo, are exclusively held by CM.com.
8.2 The Visitor refrains from actions that may harm the rights or other interests of CM.com. It is prohibited for the Visitor to make alterations to the Ticket. The Visitor is forbidden to counterfeit, copy, or reproduce the Ticket in any way.
9. Privacy
9.1 The Visitor is presumed to be aware of CM.com's privacy statement, available on CM.com’s website, and agrees to the processing of their personal data as described therein.
10. Applicable Law
10.1 These General Terms and Conditions are exclusively governed by Dutch law. All disputes arising from the Agreement or the applicable General Terms will be submitted exclusively to the competent court in Amsterdam.
11. Miscellaneous
11.1 The Visitor must at all times comply with the behavioral rules imposed by the Organizer concerning the Event for which CM.com supplies the Tickets.
11.2 If one or more provisions of these General Terms or any other agreement with CM.com conflict with any applicable law, that provision will be voided and replaced by a new legally permissible provision that closely matches the intent and purpose of the original provision.
