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Terms & Conditions

1. Definitions

In these terms and conditions the following terms will be applied in the following meaning, unless explicitly stated otherwise or the context proves otherwise:

1.1 Admission Costs: price of tickets.

1.2 Agreement: the agreement between the End User and Citytours B.V..

1.3 Event: a public or private event, such as a performance of artistic, musical, cultural, sports and/or recreational nature organised by the Organiser.

1.4 End User/You: the named natural person that purchases tickets for an Event via the Citytours B.V. channels.

1.5 Location: the place where the Event is held.

1.6 Order: the total number of Tickets in one purchase, as completed by the End User.

1.7 Organiser: the party that undertakes to organise and bears responsibility for the organisation of the Event.

1.8 Personal Data: any information relating to a named natural person, including but not limited to a name, an e-mail address, and a telephone number.

1.9 Terms & Conditions: these Terms & Conditions of Citytours B.V..

1.10 Third Party Ticket Provider: a party that offers tickets, for either its own Events or Events organised by others.

1.11 Ticket(s): the digital or physical license to enter an Event.

1.12 Citytours B.V.: Citytours B.V., the user of these terms and conditions.

1.13 Citytours B.V. channels: a website, application, widget, (embedded) link, call center or any other means by which Citytours B.V. allows the purchase of tickets by the End User.

1.14 Citytours B.V. Customer Service: the department of Citytours B.V. available for questions and comments from End Users, contact details can be found via the Citytours B.V. website.

 

2. Applicability of the Terms and Conditions

2.1 These terms and conditions – which from time to time shall be adapted by Citytours B.V. unilaterally - shall apply to all Citytours B.V. services whereby Citytours B.V. facilitates the End User purchasing tickets for an Event organised by the Organiser. The Citytours B.V. Terms and Conditions shall apply to all Citytours B.V. channels. By accessing and using the Citytours B.V. channels, you acknowledge and agree to have read, understood and agreed to the Citytours B.V. terms and conditions.

 

2.2 In addition to the Citytours B.V. Terms and Conditions, the terms and conditions of the Organiser of the Event shall apply as between the relevant party and the End User. The Terms & Conditions of the Organiser can be obtained from the relevant party.

 

2.3 In the event of a conflict between the provisions in the Citytours B.V. Terms and Conditions and other terms and conditions, the provisions of the Citytours B.V. Terms and Conditions will prevail.

 

3. Scope of the Citytours B.V. service (‘the Agreement’)

3.1 Through the Citytours B.V. channels, Citytours B.V. provides a platform through which Events can be advertised, and through which End Users can purchase tickets for such Events. Citytours B.V. only acts as an intermediary in the formation of an agreement between the End User and the Third Party Ticket Provider and Citytours B.V. is in no respect party to that agreement.

3.2 Before payment of the Tickets by the End User, Citytours B.V. shall state the total Order amount to be paid by the End User consisting of the Admission Costs and - in some cases - a Booking Fee. The Booking Fee covers all other costs such as service costs and/or handling costs charged by Third Party Ticket Provider or Organiser and payment costs charged by payment service providers.

3.3 Upon successful completion of the payment of the Admission Cost and all other costs by the End User and delivery of the Tickets to the End User by Citytours B.V., the Third Party Ticket Provider or the Organiser, the Agreement between Citytours B.V. and End User is concluded.

3.4 In case no authorisation for the End User’s payment is received, Citytours B.V. will notify the End User that the transaction has failed and, consequently, no Agreement will be and/or has been concluded.

 

3.5 Citytours B.V. is entitled to modify or cancel the Order of the End User within 48 hours after completion of payment in the event that Citytours B.V. is unable to provide the End User with the actual tickets.

3.6 Citytours B.V. purchases the Tickets with the Third Party Ticket Provider or the Organiser and either delivers the Tickets to the End User or arranges that the Tickets will be delivered to the End User by the Third Party Ticket Provider or the Organiser via e-mail, SMS and/or other messaging.

3.7 Upon delivery of the purchased Tickets by Citytours B.V., the Third Party Ticket Provider or the Organiser to the End User, the End User waives his right to dissolve the Agreement within the withdrawal period (“wettelijke bedenktijd”) of 14 calendar days.

3.8 The Ticket allows the End User to access the Event. The Ticket is only valid on the date and time indicated on the Ticket, unless otherwise stated on the Ticket. For some Events the Ticket may be valid on other days than the date indicated on the Ticket but will never be valid on dates later than 14 days after the date indicated on the Ticket. End Users can contact Citytours B.V. Customer Service to find out whether their purchased Ticket might be valid on other dates than the date indicated on the Ticket.

3.9 Cancellation policy: Citytours B.V. is not obliged to take back or exchange Tickets once the payment has been concluded nor to provide the End User with a refund. End Users can contact Citytours B.V. Customer Service to request a cancellation and/or refund. In case Citytours B.V. Customer Service agrees on a cancellation and/or refund, Citytours B.V. will charge the End User a cancellation fee of 8% of the total Order amount.

3.10 Citytours B.V. services are made available for personal and non-commercial use only. The End User is not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or service available on the Citytours B.V. channels for any commercial or competitive activity or purpose unless explicitly agreed upon.

 

4. Use of Personal Data

4.1 All Personal Data that the End User provides to Citytours B.V., will be used by Citytours B.V. in the context of providing services in connection with the execution of the Agreement.

4.2 End User will ensure that the Personal Data that it provides is complete, accurate and up to date and that the End User is legally entitled to make use of the Citytours B.V. channels, meaning that End User will be at least sixteen (16) years old at the time End User uses the Citytours B.V. channels.

 

4.3 Citytours B.V. will use Personal Data inside the Citytours B.V. organization to optimize operational processes. This includes but is not limited to the completion and administration of the Citytours B.V. purchase, using data for Customer Service purposes, fraud detection and prevention, detection of illegal or unwanted activities, internal analyses and user studies, and communications by email, by phone, and by other digital channels such as text message or messaging services.

4.4 Citytours B.V. will not sell Personal Data. Citytours B.V. may however share Personal Data with third parties such as with the Third Party Ticket Provider and/or Organiser in order to complete the Tickets purchase. Further this includes the sharing of Personal Data with Citytours B.V. distribution partners involved with the distribution of Ticket(s). In this context, your information is governed by the privacy policies of these distribution partners. Citytours B.V. may share Personal Data with governmental or regulatory authorities if required by law (or any regulation having the force of law). Such requirements may include court orders, subpoenas and orders arising from legal processes and criminal investigations. Citytours B.V. may also disclose Personal Data if it is strictly necessary for the prevention, detection or prosecution of criminal acts.

4.5 When using the Citytours B.V. channels, anonymous cookies placed on your computer, or similar technologies, may be used by Citytours B.V. in order to understand your interests based on your (anonymous) online activities, and thus to tailor more relevant ads to you. If you do not wish to receive such tailored advertising, you can visit www.networkadvertising.org to opt out of most companies that engage in such advertising.

4.6 Furthermore we hereby inform you, in connection with your order, your personal data relating in particular to your identity, domicile, personal status, phone number, email address, bank card and bank account numbers, or to the transactions you enter into or payments you make, are processed by Ingenico Financial Solutions SA/NV (“Ingenico FS”) i) with the purpose of allowing us to be able to perform our agreement with Citytours B.V., ii) with the purposes of fraud monitoring and fraud management (determining the risk levels associated with transactions, detecting and managing any resulting alerts), and iii) with the purpose of compliance with Ingenico FS’ legal obligations under the applicable legislation relating to the fight against money laundering and the financing of terrorism and (iv) with the purpose of compiling market analysis, statistics, analysis of transaction data, improvement of the service provided by Ingenico FS.

The collection of your personal data is a mandatory requirement for these purposes. Without this personal data your transaction could be delayed or rendered impossible and your order cancelled.

Please be informed that Ingenico FS, with registered seat at Boulevard de la Woluwe 102, in 1200 Brussels and with company number 886.476.763 is the data controller for such data processing.

Ingenico FS will not communicate your personal data to third parties, except in the following two cases:

- Communication by Ingenico FS of personal data to its , affiliates, subcontractors or other parties with whom Ingenico FS has a contractual relationship and that provide services for / assistance to Ingenico FS in the framework of i) the performance of the agreement between us and Ingenico FS, ii) fraud prevention and management and iii) with the purpose of compliance by Ingenico FS with its legal obligations under the applicable legislation relating to the fight against money laundering and the financing of terrorism and (iv) communication to third parties of anonymous or aggregated data. The third parties that are providing service/assistance to Ingenico FS with regard to fraud monitoring and fraud management can insert your personal data into their own specific database(s) that is (are) used by them to provide services for a multitude of merchants to prevent and manage fraud. 

- If Ingenico FS is required by law to communicate certain information or documents to the National Bank of Belgium, to the Financial Intelligence Processing Unit (CTIF-CFI), to similar Belgian or foreign authorities, or generally speaking to any judicial or administrative authority, law enforcement authorities or any legal or administrative authorities. Communication of personal data to those entities will be limited to the extent necessary or required under the applicable regulations.

Furthermore, a fraud may give rise to the recording of certain personal data relating to you in a dedicated file managed by Ingenico FS. The purpose of such file is to retain a trace of previous frauds, in particular to provide information for criteria used to evaluate transaction risks and the scoring templates used for this purpose. The recording of your data in this file may also lead to you being assigned a higher risk level in the event of any subsequent order placed with a merchant that is customer of Ingenico FS, and consequently could potentially lead to the rejection of this order.

You are entitled to have access to your personal data and have the right to query, access and correct your data, as well as the right to object, for a legitimate reason, to the processing of your personal data. For the exercise of these rights, please address a written request (by registered mail), dated and signed, to the registered office of Ingenico FS (see above) or send an e-mail to privacy@fs.ingenico.com and mention in this letter or e-mail your name, address and telephone number where you can be reached during office hours, and enclose a copy of both sides of your identity card or passport. You may hide the data that you are not required to provide according to your local legislation.

 

4.7 Furthermore, we hereby inform you, in connection with your order, of fraud monitoring and fraud management activities which means that your personal data will be subject to further processing in addition to the processing of card not present payments. Ingenico Financial Solutions SA/NV (Ingenico FS) is the data controller for this additional processing intended to prevent and combat fraud, determine a risk level and model the score.

Any fraud may result in the recording of your personal data in a file managed by Ingenico FS in order to retain a trace of frauds, in particular to provide information for criteria used to evaluate risks and the score templates used. This recording of your data may also give rise to you being assigned a higher risk in the event of any subsequent order placed with a merchant that is active in the same type of industry/sector and that is using the services of Ingenico FS, and could potentially lead to the rejection of this order by the merchant.

You have the right to query, access and correct your data, as well as the right to object, for a legitimate reason, to the processing of your personal data. To exercise this right, you can send a letter to: Ingenico Financial Solutions SA/NV - Legal department "data protection" - Boulevard de la Woluwe 102 – B-1200 Brussels (Belgium), or send an email to: privacy@fs.ingenico.com, accompanied by a signed copy of proof of identity”. You may hide the data that you are not required to provide according to your local legislation.

 

5. Intellectual Property Rights

The End User is not permitted to make public any of the intellectual property rights with respect to names, logos, formulas and any wording and music, for advertising purposes or otherwise, that are vested in Citytours B.V., either directly or indirectly, and/or reproduce them or to otherwise use them or benefit from them, unless the prior written permission of Citytours B.V. has been obtained.

 

6. Disclaimers

6.1 Citytours B.V. does not warrant that:

  1. a) the information on the Citytours B.V. channels is correct and complete. When rendering services, the information disclosed is based on the information provided to Citytours B.V. by Third Party Ticket Providers or Organisers. Although Citytours B.V. will use reasonable skill and care in performing services Citytours B.V. will not verify if, and cannot guarantee that, all information is accurate, complete or correct (including the rates and availability of Tickets), nor can Citytours B.V. be held responsible for any errors, including those due to any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance or otherwise of the Citytours B.V. channels), inaccurate, misleading or untrue information or non-delivery of information. The Citytours B.V. channels do not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Event available via the Citytours B.V. channels.
  2. b) display of prices based on currency conversion is correct. Currency conversion is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

6.2 Obvious errors and mistakes in the pricing (including misprints) are not binding.

 

7. Liability

7.1 Citytours B.V. shall not be liable towards the End User except in the event of direct damages caused by the gross negligence or willful misconduct (grove schuld of bewuste roekeloosheid) of Citytours B.V. or Citytours B.V.’ employees (acting in the course of their employment). Citytours B.V. entire and collective liability to the End User arising under or in connection with the Agreement and the Citytours B.V. Terms and Conditions, whether in contract, tort statute (“onrechtmatige daad”) or otherwise shall, to the extent permissible by law, be limited to the payment of direct damages attributable to Citytours B.V. and will not exceed the amount of the Admission Costs.

7.2 Citytours B.V. shall not be liable for any indirect loss or damages, including consequential damages, loss of profit, missed savings, any other form of unrealized benefit and damages by loss of data which have somehow been occurred by and/or result from the use of this website.

7.3 More specifically, Citytours B.V. will in no event be liable for any damages, however arising, in relation to:

a) access to the Event, for the organization of the Event, for the (artistic) quality and content of the Event, or for the state of affairs in and around the Location;

b) the purchase and delivery of tickets by third parties, or for Agreements that, whether or not at the End User’s request, are not entirely fulfilled by Citytours B.V. and in which a third party - for example, the cash desk at a Location – has been involved either directly or indirectly;

c) damages, including compensation or reimbursement of the Admission Costs, in case of a cancellation of the Event. If and to the extent that the Organiser decides to reimburse the Admission Costs and the Organiser engages Citytours B.V. to carry this out, the reimbursement of the Admission Costs that were demonstrably paid to Citytours B.V. will be handled by Citytours B.V.;

d) the loss of Tickets by the End User for whatever reason;

e) death, injury, accidents, loss, damage or theft during or resulting from a visit to the Event or the Location; and.

f) any damages resulting from a force majeure event (“overmacht”), in accordance with Article 6:75 of the Dutch Civil Code).

 

8. Reviews and Photos

8.1 The completed End User review:

a) may be uploaded onto the Citytours B.V. channels for the purpose of informing (future) customers of your opinion of the Event or Location;

b) (wholly or partly) used and placed by Citytours B.V. at its sole discretion (e.g. for marketing, promotion or improvement of Citytours B.V. services) on Citytours B.V. channels or such (social) media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Citytours B.V. and Citytours B.V. business partners. Citytours B.V. reserves the right to adjust, refuse or remove reviews at Citytours B.V. sole discretion.


9. Miscellaneous

9.1 In the event that any of the terms of the Citytours B.V. Terms and Conditions are declared void or otherwise not binding, the remaining terms will remain unimpaired. Citytours B.V. shall do its utmost to change wording so as to achieve as far as possible the intent and purpose of terms declared void or otherwise not binding.

9.2 The Citytours B.V. Terms and Conditions contain the entire agreement between the End User and Citytours B.V..

9.3 The Citytours B.V. Terms and Conditions are governed by Dutch law. Any and all disputes shall be submitted to the competent court in Amsterdam, the Netherlands. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration in Amsterdam, the Netherlands. The arbitrator shall be agreed by mutual consent. If the dispute is not settled by arbitration within 10 days of the commencement of the arbitration, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by the competent court in Amsterdam, the Netherlands.

9.4 The Citytours B.V. Terms and Conditions can be amended at any time by Citytours B.V.. The amendments will come into force 30 days after they have been published on this website. Citytours B.V. therefore recommends checking the Citytours B.V. Terms and Conditions from time to time.

9.5 The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on the Citytours B.V. website (by selecting the English language) or shall be sent to you upon your written request.


10. Contact

Citytours B.V. is a private company with limited liability organized under the laws of the Netherlands with its registered office at New Yorkstraat 3, 1175RD, Lijnden, the Netherlands. Citytours B.V. is registered at the Chamber of Commerce under file number 56281269. You are requested to send all correspondence to Citytours B.V. to the e-mail address info@amsterdamcitytours.com or contact Citytours B.V. by phone on +31 20 530 1098.

 

Citytours B.V. Terms & Conditions

Version: 1.2 (4 April 2017)