Terms and Conditions
Viagogo Inc., which is registered in the United States, offers a service on its Internet site at the address www.viagogo.fr (hereafter, the “Viagogo Platform”) that brings together sellers (the “Sellers”) of tickets for shows or sporting events (the “Tickets”) and buyers (the “Buyers”) for these same Tickets. The Sellers and the Buyers are hereafter jointly referred to as the Members. The Viagogo Platform allows contracts for the sale of Tickets to be concluded. However, the Members are the sole decision-makers in finalising the sale or purchase of the Tickets.
Viagogo Platform: refers to the functional and organizational structure established by Viagogo on the Site in order to bring together Sellers and Buyers of Tickets.
Ticket(s): means the tickets for shows or sporting events in France or abroad that may be the subject of a contact by means of the Viagogo Platform.
Prohibited Ticket(s): means tickets for shows or sporting events which are not authorised for sale on the basis of legislative, regulatory or contractual provisions. In particular, this concerns Tickets which may be counterfeit Tickets in the sense of the Intellectual Property Code or which may be sold in violation of selective or exclusive distribution networks, particularly Tickets sold in violation of Article 313-6-2 of the Penal Code.
Buyer(s): means a Member who has accepted a Seller’s offer.
Sales Offer or Listing: means any announcement or sales offer for a Ticket issued by a Seller on the Viagogo Platform, including at least a description of the specifics of the Ticket offered for Sale (date and place of the event to which the Ticket gives access, references for the seats or the seating categories to which the Ticket gives access, etc.) and a proposed Sales Price.
Sales Price: means the price proposed for a Ticket by the Seller for his/her Sales Offer, from which the Commission is deducted at the time of completing a Ticket sale.
Commission: means the compensation received by Viagogo from the Sales Price at the time of selling a Ticket.
Transaction Price: means the total price payable by the Buyer when purchasing a Ticket on the Site, including, as appropriate, in addition to the Sales Price, booking fees, shipping costs defined as a fixed amount, VAT on all of the foregoing, or any other applicable tax or fee.
Service(s): means all of the services offered on the site www.viagogo.fr.
Site: means the site www.viagogo.fr.
Holder of Operating Rights: means any person who is responsible, in any capacity whatsoever, for the organization of the event or the show for which a Listing is posted on the Site by a Seller and who possesses, in this capacity, the operating rights to such event or show. This definition covers, in particular and without limitation, the producer, the organizer or the owner of the operating rights for the event or the show.
Viagogo or Us: means the company Viagogo Inc., located at 160 Greentree Drive, Suite 101, Dover, Delaware, Kent County, 19904, United States of America.
1.2 Contact: Viagogo allows its Members to contact Buyers and Sellers of Tickets. Viagogo does not become the title holder of the Tickets and the transactions are concluded between the Buyers and the Sellers. We do not participate in the transaction between the Buyers and the Sellers. Consequently, We do not exercise any control over the quality, security or legality of the Tickets, the truth or the accuracy of the content of the Sales Offers of the Members, the Sellers’ right to sell or the ability of the Buyers to pay for the Tickets. Moreover, We cannot guarantee that the Seller or the Buyer will conclude the transaction.
1.3 Commissions and Services: The registration and placement of a Ticket on sale as well as the act of proposing to buy a Ticket offered on our Site are free of charge. However, the use of other Services, such as the actual purchase of a Ticket is subject to payment. When You place a Ticket on sale, You have the possibility to review the Commission rates which are detailed under the heading "What are the management costs deducted from the sales price" on the Help pages of the Site, available at the following address http://www.viagogo.fr/help.aspx?helpgroupid=180. You must accept these rates in order to place Your Sales Offer on line. Unless otherwise stated, the Commission rates are indicated in the form of a percentage of the Sales Price and are invoiced in euros (EUR).
2.2 Registration: We will not authorize You not to buy or sell Tickets until You are registered with Us. To do so, You must provide, in particular, Your name, address, Your telephone number and e-mail address. You shall undertake that all of the information You provide to Us is correct.
2.3 Username and Password: You will need a username and a password to access the Site and use the Services. The security of Your username and Your password are Your responsibility and You will be responsible for any actions taken under Your username and password. In effect, the use of Your username and Your password will cause an assumption that it is indeed You using the Services.
2.4 Other Information: You represent and warrant that all the information You provide to Us or that You submit to any other Member or visitor to the Site (a) is not false, inaccurate, misleading, defamatory or obscene, (b) that it is not fraudulent, (c) it does not involve the sale of counterfeit or stolen items (d) that it does not infringe on the copyrights, patents, trademarks, trade secrets, rights to the protection of personality or privacy or any other rights of third parties, (e) that it does not violate any law, statute or regulation, including without limitation, those governing consumer protection, unfair competition, combatting discrimination or false advertising, and (f) that it does not contain any viruses or any programming intended to damage, interfere with, intercept or extract any system, data or personal information.
2.5 Laws and Regulations: You guarantee that You will comply with all applicable international, national, regional and local laws as well as all regulations concerning the use of this Site and the sale of Tickets. In particular, You agree not to resell Tickets on the Viagogo Platform on a regular basis if You are not authorized to do so by the Holder of Operating Rights. You confirm that You are more than 18 years of age and that You have the legal capacity to conclude the transaction.
2.6 Indemnification: You agree to release Viagogo from all liability, costs and expenses (including reasonable attorneys’ fees) as well as (if applicable) any parent company, subsidiary, affiliate, officers, directors, attorneys, agents and employees of Viagogo, and to indemnify Viagogo and (if applicable) any parent company, subsidiary, affiliate, officers, directors, attorneys, agents and employees of Viagogo for any liability, costs and expenses incurred as a result of claims by third parties that involve or relate to Your actions or omissions on this Site.
2.7 Dispute Resolution: If, after receiving the Tickets, the Buyer is not satisfied with a part of the order, the Buyer must comply with the rules for the resolution of disputes specified in Our Viagogo Guarantee. All claims must be reported within 14 days following receipt of the Tickets, otherwise the Tickets are no longer covered by the Viagogo Guarantee. If You encounter difficulties using Your Tickets on the day of the Event, You must contact Viagogo within 48 hours to report the problem. You must complete a Dispute Claim Form. Only fully completed Forms may be subject to reimbursement. The Forms must be returned to Viagogo within 5 working days after receipt in order to claim a reimbursement. Viagogo reserves the right to prohibit anyone who submits an abusive claim from having further access to its Internet Site.
The Seller is solely responsible for the legality of this Sales Offer. In particular, the Seller must ensure that he or she is authorized to offer the Ticket for sale in accordance with applicable laws and regulations. Viagogo considers that Seller is authorized to offer a Ticket for sale if and only if he or she belongs to at least one of the following categories: (i) the Seller is a Holder of Operating Rights for the event and/or the show referred to by the Ticket or Tickets offered for sale, (ii) the Seller is expressly authorized by the Holder of Operating Rights for such event and/or show to sell the Tickets or offer them for sale on behalf of the Holder of Operating Rights, (iii) Viagogo is authorized by the Holder of Operating Rights to operate a Ticket exchange by means of which the Members may freely buy or sell the Tickets in private transactions or (iv) the Seller does not offer Tickets for sale on a regular basis on the Viagogo Platform.
All Sellers expressly acknowledge that the sale of Tickets on a regular basis may be considered to be a commercial act in the sense of Article L.121-1 of the Commercial Code.
The Seller is solely responsible for the content of this Sales Offer. Thus, the Seller alone sets the Price and provides information concerning the Tickets, including, but not limited to, information concerning the event, the date, the section, the row, and the closing date for the sale, in accordance with the process described in the Help pages of the Site.
The Seller is not authorized by Viagogo to offer Prohibited Tickets for sale on the Site.
In order to place his or her Tickets on sale, the Seller must provide a valid credit card or debit card.
In addition, the Seller grants to Viagogo a non-exclusive, transferable, worldwide, paid-up, royalty-free right and license to reproduce, modify, adapt, publish and display on the Site and on the sites of our marketing partners the Sales Offers, so that We can promote the Tickets that You place on sale.
3.2 Pricing: If a Seller places a Ticket on sale on the Site, he or she alone must determine a fixed price for the sale of the Tickets.
3.3 Authenticity of Information: For all Tickets that You place on sale as a Seller, You warrant the accuracy of the information You publish in the Sales Offer which You prepare. You also warrant that You possess the Tickets and that You are authorized to transfer or re-sell them in accordance with the terms defined in Article 3.1. If You are re-selling Tickets to an event for commercial reasons, You warrant that You have the right to do so. You warrant in particular that You are authorized to offer the Tickets for sale at the price that You have set.
3.4 Seller Payment: The Seller will be paid five (5) to eight (8) days after the event to which the Tickets gave access, provided that the Ticket was used, meaning that the Buyer was actually able to access the event. We reserve the right to delay the payment if We have good reason to believe that the sale is unlawful or if it constitutes any violation of this Agreement.
3.5 Taxes Applicable to the Sale: The Seller is solely responsible for his or her tax regime, and it is up to him or her to determine the duties, fiscal and para-fiscal taxes, withholding taxes, contributions, and charges of any character whatsoever to which he or she is subject when making a sale on the Site, including, without limitation, VAT. Viagogo only offers a hosting service for Sales Offers and takes no responsibility for any tax liabilities of the Sellers. If the Seller is subject to duties, fiscal and para-fiscal taxes, withholding taxes, contributions or charges or any character whatsoever which are applicable to sales (in France or elsewhere), he or she must include this amount in the Price for the Tickets which he or she posts on the Site. These duties, fiscal and para-fiscal taxes, withholding taxes, contributions and charges of any character whatsoever are not be confused with those which Viagogo may invoice on these costs, and particularly the VAT on its costs invoiced by Viagogo.
3.6 Double Posting of Sales and Removal of Tickets: To place a Ticket on sale on the Site, You must first register as a Member. Once a Ticket is placed on sale on the Site, We discourage You from publishing it elsewhere.
Nonetheless, You are authorized to place your Ticket on sale on other marketplaces, but You must immediately remove Your Ticket from the Site if it is sold elsewhere.
3.7 Stolen Property: The sale of stolen property on the Site is strictly prohibited. Viagogo supports law enforcement efforts to recover stolen property that is placed on sale on the Site, and it supports the prosecution of those responsible for knowingly attempting to sell such items on the Site. Stolen property includes items taken from private individuals, as well as from companies or governments.
3.9 Seller’s Confirmation: The Seller must confirm the order within 48 hours following the date of sale of the Tickets. Sellers must use our automated on-line confirmation procedure. Sellers will be able to see the service fee and taxes on our fees before completing the sales procedure and before placing their Tickets on sale. The Seller must send the Tickets as soon as they are in his or her possession. The Seller must provide for enough time for the Buyer to receive the Tickets in time for the event. In any case, for any event, the Seller must send the Tickets no later than seven (7) days before the event. The Seller must send the Tickets according to the method of delivery chosen by the Buyer at the time of the purchase, as specified in the Help pages on the Site.
3.10 Ticket Fulfillment: Once the Seller places the Tickets on sale and a Buyer purchases these Tickets, the Seller is responsible for completing the transaction. The Seller will be invoiced for replacement costs if he or she offers Tickets for sale and confirms the transaction without the Tickets being actually available. The replacement costs will depend on market prices and the costs that We will have to incur to purchase equivalent or better replacement Tickets for the Buyer. The replacement costs will depend on market prices and the costs that We will have to incur to purchase equivalent or better replacement Tickets for the Buyer. If the event is cancelled or postponed, Viagogo reserves the right to cancel a Seller’s transaction. If, for any reason whatsoever, Your Tickets are returned to Us or cannot be delivered, We will attempt re-delivery for a maximum of three times. We will endeavour to rearrange delivery with a Buyer or to arrange a collection point. If this also fails, We will not offer a refund. We will attempt to ensure that all Tickets are delivered in time for the event, and if time does not permit, We may require that the Tickets be collected at a collection point or at the box office (“pick up”).
3.11 Removal of a Sales Offer: Viagogo may at any time unilaterally decide to remove a Sales Offer for the sale of Tickets on the Site. In effect, as a hosting provider, Viagogo may be required to decide to remove a Sales Offer from the Site when third parties provide evidence that such Sales Offer infringes their rights and/or violates applicable regulations. Viagogo may not be held liable in this connection.
3.12 License: When You entrust content to Us, You grant Us a non-exclusive, worldwide, indefinite term (namely, for the duration of protection), irrevocable, royalty-free, transferable right as a sub-license to exercise the intellectual property rights (which are necessary in order to host the content) which You or others possess with regard to the content in any existing or future media. As concerns authors’ rights, when and as You post Your content on the Site, You grant us rights of reproduction, representation and adaptation for any on-line digital use on the Site.
We may propose generic information in order to complete Your content. Naturally, We will endeavour to ensure the accuracy and updating of this. However, if You decide to use this information, You will be responsible for verifying the accuracy and not to include libellous, defamatory or disparaging information. You agree not to hold Us liable in the case of any error or inaccuracy in such information. You also agree only to use this information in connection with preparing your Sales Offers and in a manner which does not infringe the ownership rights of a third party.
3.13 Commissions: It is the responsibility of the Seller to pay all applicable fees and taxes resulting from use of the Site and the Services, including in particular the Commission, within the time limit and by a valid method of payment. In the case of a problem with Your method of payment or if Your account is past due, We will attempt to collect the amounts owed by other means of recovery. We may have cause to refer the matter to collection professionals or to initiate a court action. This means that You will have to pay the Commission owed plus any interest at the legal rate.
4.1 Making an Offer: A Member who wants to buy a ticket must first consult the Viagogo Platform in order to find Tickets corresponding to his or her search criteria. Once the Buyer finds these Tickets, he or she indicates his or her decision by means of an “offer” to purchase the Tickets. Note that You are solely responsible for the choice of the Tickets that You want to purchase.
By placing an “offer” to purchase, You, as the Buyer, grant Viagogo the right to deduct the Price of the Transaction from Your credit or debit card, Your PayPal account or Your bank account for the purchase of the Tickets chosen.
4.2 Substitution of Seat Locations: The Tickets on sale are a representation of the actual seat location. It is possible that these Tickets may be substituted with comparable or better seat locations with the Buyer’s approval.
4.3 Ticket Information: Event dates, times, venues and subject matter of the event which are indicated on the Tickets are subject to change. The Buyer must verify the most recent official information by contacting the ticketing office, the cashiers, the box office or the event organizer for any changes.
In the case of payment by PayPal, We will obtain an authorization from the Buyer’s PayPal account equal to the sum of the Price, commissions and delivery fees for the Tickets. If applicable, we will add VAT on our fees and commissions.
In the case of payment by bank transfer, We will verify the validity of the account of the bank issuing the transfer.
5.2 Notification: Once We obtain confirmation of the purchase from the Buyer, We notify the Seller of the sale via email and/or telephone and We confirm to the Seller that the Buyer is prepared to pay the Sales Price.
5.3 Collecting Payment: After confirmation that the Seller has sent the Tickets, We collect payment from the Buyer corresponding to the Price of the Transaction. We never provide the Buyer’s payment information to the Seller. We receive the payment and the Seller is then paid according to his or her selected payment method and Our payment policy indicated in the Help pages of the Site.
6.2 Violations, Termination and Suspension: Actions may be taken if We deem appropriate, We may also, without limitation, issue a warning, suspend or terminate a service, deny access, remove an offer or recommend that You modify a Sales Offer. You agree that the payments owing to You as a result of sales made by means of this Site may be suspended or delayed. Viagogo will not be obligated to pay You for any sale if We suspect that this sale was unlawful or made in violation of this Agreement. Upon termination of Your account, Your Sales Offers will be deleted from the Site if You are a Seller and your purchases will be cancelled if You are a Buyer.
6.3 Disclosure of Information: You agree that Viagogo may report any activity that it suspects constitutes a violation of law to the regulatory authorities, regulators and/or any other relevant third parties. viagogo will cooperate to ensure that violators are prosecuted in accordance with the law.
6.4 Making Adjustments: You authorize us to withhold payment or charge Your credit or debit card, or Your Paypal account, in connection with the payment authorization You grant to Us, for any amount which You owe Us if (a) an adjustment is made as a result of activating Our Viagogo Guarantee; (b) We suspect fraud or another illegal act was committed in the process of selling or purchasing and if a relevant authority has requested Us to withhold payment or to charge Your payment method temporarily; (c) You do not deliver the same Tickets as those You placed on sale on the Site and for which the transaction was confirmed; (d ) You send promotional items to Buyer; or (e) if You owe Us money. If one of the situations cited above occurs, We reserve the right to deduct the amount that You owe Us from Your payment.
7.1 No Warranty: Except for the express warranties stated in this Agreement, Viagogo provides the software, the Site and the Services on an “as is” and “as available” basis without any warranties of any kind. Viagogo offers no warranty concerning its software, the Tickets, events, the Services provided by Viagogo, or the proper performance of the Sellers’ and Buyers’ promises beyond the legal guarantees provided by applicable texts. In particular, Viagogo disclaims all warranties, whether explicit, mandatory or implicit, including, without reservation, warranties of quality, title, non-infringement of third party rights, etc., to the extent permitted by applicable regulations.
7.2 Waiver of Consequential Damages/Limitation of Liability: Unless it has been duly informed of the existence of unlawful content in the meaning applicable legislation, and if it has not acted promptly to remove this, Viagogo may not be held liable for any content or actions (or lack of action) of the Members, or the Tickets that they place on sale. Viagogo expressly disclaims any responsibility for lost profits, including, without limitation, any specific or exemplary damages, any indirect damages and any ancillary damages that may result from the Services, the Site or the suspension, termination or malfunction of the Services or the Site. The liability of Viagogo with regard to You or anyone in any circumstance is limited to the lesser of the following two amounts: (a) €200 and (b) the total value of all Tickets and other items you have purchased and/or sold by means of Viagogo during the action allegedly resulting in the liability. In no case may Viagogo be held liable for additional costs incurred by Your purchase of Tickets from a third party in replacement of the Tickets You were unable to purchase on the Site.
7.3 Auctions: You acknowledge that We are not a public auction company. On the contrary, the Site is a marketplace intended to allow anyone, anywhere and at any time to offer, sell and purchase Tickets.
7.4 Release: You expressly acknowledge that Viagogo is not involved in the actual transactions between the Buyers and the Sellers. In the case of a dispute with one or more Members, unless Viagogo was duly informed of the existence of unlawful content in the meaning of applicable legislation, and if it did not act promptly to remove it, You release Us from all liability (as well as Our officers, directors, agents, related and affiliated companies, joint ventures and employees) for any claims or (present or future) damages of every kind and nature, known and unknown, resulting directly or indirectly from these disputes.
7.5 Tax Indemnity: You agree that Viagogo is not responsible in any way for the accuracy or relevance of the payment of fees or taxes to any entity on Your behalf. You undertake to indemnify Viagogo and (if applicable) any parent company, subsidiaries, affiliates, officers, directors, agents and employees for any damages, fees, interest and expenses (including reasonable attorneys’ fees), that arise out of any third party or governmental claim that involves or concerns (i) any local, regional, national, or international tax obligation or any amounts due in accordance with any decree, order, law or tax regulation or (ii) any dispute concerning the tax status of Viagogo.
7.6 Independence of the Parties: You and Viagogo are independent parties and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
7.7 Third Party Information: We do not control the information provided on this Site by users or Members. It is possible that You may find the information provided by third parties to be harmful, inaccurate or deceptive. Please use caution when You use the Site and do not forget the presence of risks of fraud. By using this Site, You acknowledge these risks and agree that Viagogo may not be held responsible for acts or omissions by users of the Site or the Members.
7.8 All Sales are Final: All sales are final. Once the order is validated no cancellation or exchanges (for different dates or times) will be possible.
In accordance with Article L.121-20-4 of the Consumer Code which provides, in essence, that the provisions of Article L.121-20-1 (concerning, in particular, the right of retraction) are not applicable to contracts for the provision of hosting services, transport, catering or leisure services – including ticketing for shows – which must be provided for a date or according to a specific frequency, all orders are final and may not be cancelled or changed once the sale is concluded.
If, for any reason, You no longer want the Tickets which you have ordered, We invite You to re-sell them on our Site. For more information concerning the sale of Tickets on Viagogo, refer to www.viagogo.fr/SellTickets.aspx
7.9 Modification or Suspension of the Site: Viagogo reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. In connection with this Agreement, You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services, for any reason whatsoever. We do not guarantee continuous, uninterrupted or secure access to our Services, and the operation of Our Site may be altered due to numerous factors beyond our control. In addition, it is possible that the Site may not be available during certain times when it is being updated or modified. During this time, the Site will be temporarily unavailable.
7.10 Notices: Unless expressly stated otherwise by Viagogo, all comments and notifications that You want to send to Viagogo must be sent through the email form provided on the Site under the Contact Us link. Our postal address is 160 Greentree Drive, Suite 101, Dover, Delaware, Kent County, 19904, United States of America. Unless expressly stated otherwise, all comments and notifications that We wish to send to You will be sent to the email address You provided to Us during the registration process for Our Site. It will be considered that the notice was submitted one working day after the email is sent.
Sauf indication explicite contraire, tous les avis et notification que Nous souhaitons Vous adresser seront envoyés à l'adresse email que Vous Nous aurez fournie lors du processus d'inscription à notre Site. Il sera considéré que l'avis aura été soumis un jour ouvrable après l'envoi de l'email.
8.1 Resolution of Disputes: If, after receiving the Tickets, the Buyer is not satisfied with any stage of the purchase, the Buyer must follow the procedures for claims indicated in the Viagogo Guarantee.
8.2 Intellectual Property Rights: You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property rights (collectively, “Intellectual Property”) are and shall remain Our sole property, and (ii) nothing in this Agreement shall confer rights of ownership or license rights to our Intellectual Property. In addition, You shall not now or in the future contest the validity of the Intellectual Property of Viagogo.
8.3 Copyright: Copyright (c) 2006-2013 viagogo Inc. The software and the Site, including without limitation all text, all graphics, logos, buttons, images, audio clips, and computer programs are the property of Viagogo or its suppliers, and are protected by international and national laws on copyright, trademark or other intellectual property laws. The compilation (meaning the collection, organization and assembly) of all content on the Site is reserved exclusively to Viagogo and is protected by international and national copyright laws. The reproduction, modification, distribution, transmission, republication, display, or execution of the software or the content of the Site is strictly prohibited.
8.4 Additional Agreements: This Agreement incorporates by reference the following agreements and documents also included on the Site:
8.5 Governing Law: This Agreement is governed by and must be interpreted in accordance with the laws of the State of Delaware of the United States of America. You consent to the non-exclusive personal jurisdiction of the courts of Delaware. Viagogo is registered at the following address: 160 Greentree Drive, Suite 101, Dover, Delaware, Kent County, 19904, United States of America.
8.6 Modification: If We change this Agreement, a revised version which will automatically replace the terms of this Agreement will be posted on the Site. The revised version of this Agreement is automatically effective seven (7) days after it is initially posted on the Site. Your continued use of the Site and the Services after Viagogo’s publication of the revised Agreement will constitute Your acceptance of the terms of the revised Agreement. If You do not wish to accept the terms of this Agreement or any revised version of this Agreement, You must cease to use the Services or the Site.
8.7 Miscellaneous: This Agreement (and all documents incorporated by reference) constitutes the entire agreement between You and Us and replaces all prior agreements between the parties, whether written or oral. No amendment, modification or addition to the clauses of this Agreement will be valid or effective unless made in accordance with the express conditions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstance whatsoever, its application in any other circumstances and the remaining clauses of this Agreement shall not be affected. You are not authorized to assign or transfer this Agreement, or any of its rights or obligations, without prior written approval by Viagogo, which reserves the right to refuse such approval. Nothing in this Agreement is intended to confer rights or remedies on any entity other than the parties to this Agreement and to their successors or assigns. Our suppliers and our partners are third-party beneficiaries of this Agreement. This does not prevent Us from varying the terms without reference to them. The titles of the paragraphs of this Agreement are only for reference and do not in any case define, limit, interpret or describe the scope or extent of such paragraphs.