The company, CONSULT AGENCY LIMITED, operates a platform (hereafter the “Platform”) accessible from the website www.elite- ticket.com through which it proposes to customers (hereafter the “Buyers”) different services for the sourcing and purchasing of tickets (hereafter the “Tickets”) for cultural and sporting events in France and Europe (hereafter the “Services”).
CONSULT AGENCY LIMITED and the Buyer are hereafter referred to individually or together as a “Party”.
An explanation of the entirety of the agreement between the two Parties, the Terms and Conditions cancel out and replace any written or spoken offer, letter or other document with the same purpose.
The Terms and Conditions are accessible and available to print at any time through the direct link found on the Platform homepage.
2. PLATFORM OPERATOR
The Platform and Services are managed by the private company, CONSULT AGENCY LIMITED, registered with the British Chambers of Commerce.
Elite Ticket may be contacted by the following means:
3. ACKNOWLEDGEMENT OF GENERAL CONDITIONS
By subscribing to the Services under the conditions established in “Access to the Platform and Services”, the Buyer acknowledges the General Conditions and expressly accepts them.
Use of Elite Ticket implies your full and entire acceptation of the present General Conditions with no modifications. Any conditional subscription is considered as null and void. Any Buyer who chooses not to accept the present General Conditions must not use the Services or access the Platform.
4. ACCESS TO THE PLATFORM AND SERVICES
The Platform and/or the Services are available to:
Any natural person will full legal capacity to engage under the present General Conditions and at least 18 years of age. A Buyer who does not have full legal capacity can only access the Platform and Services with the consent of his legal representative.
Any legal entity acting on the behalf of a natural person with the power to act under the name and on the natural person’s account.
5. REGISTRATION ON THE PLATFORM
The Buyer may proceed to the creation of an account (hereafter the “Account”).
The Buyer is obliged to:
Fill in a registration form, complete with all the required details, in particular his email and postal addresses. The Buyer certifies Elite Ticket that the information on the form in question is correct and exact. The Buyer commits to informing Elite Ticket without delay of any changes in the aforementioned information. This must be addressed to the contact address indicated in Article 2 of this document.
Choose a username and password. The Buyer may change his password at anytime by going onto “Settings” in his Account. It is recommended that this is done regularly.
The Buyer recognises and accepts that the information provided in the creation or update of his Account is valid and correct as proof of his identity. Once an Account is created or updated, the Buyer commits this information as so.
The Buyer is aware that any incomplete registration will not be confirmed.
Once created, the Account allows access to a online personal account (hereafter the “Personal Account”) which, among other things, allows the Buyer to follow the progress of the Services.
The Buyer may access the Services by logging into his Account with his chosen username and password.
The Buyer may also access the Services as a guest.
6. STRICTLY PERSONAL USE
The Buyer and Services user is considered to be the person to whom the personal details, provided at the time of placing the Order as a guest or at the moment of creating the Account, correspond.
The Buyer commits to using the Services uniquely for personal use, and does not allow any other third party or any other person, including another Buyer and user of the Servicers, to use his own account, except if he accepts full responsibility.
The Buyer is responsible for maintaining the confidentiality of his username and password and expressly acknowledges that any use of the Services through his Account will be assumed to be his own. When the Account is created by a natural person, he acknowledges that his Account may be used by one or several persons permitted to do so by using his login details. In this case, the natural person commits that these persons respect the confidentiality of his login details.
In the case of the Buyer detecting use of his Account without his knowledge, he commits to notifying Elite Ticket forthwith using the contact address indicated in Article 2 of this document.
The Buyer commits to the creation of one Account only. Elite Ticket has the right to delete any additional account created by the same Buyer. The Buyer also acknowledges that in the case of an account suspension or closure, the aforementioned Buyer may not create a new Account on the Platform for an unlimited duration. Elite Ticket equally has the right to delete any new Account created by a Buyer under whose name an Account was previously deleted by Elite Ticket.
7. DESCRIPTION OF SERVICES
7.1 Provision of a events catalogue
Elite Ticket provides an online database (hereafter the “Catalogue”) available to Buyers on Platform, created and structured by Elite Ticket in order to execute the different Services proposed by the Platform. The Catalogue contains a combination of music, cultural and sporting events (hereafter the Events).
The Events are classified by the Events type (musical, cultural, sporting) and by genre, according to the methods set freely by Elite Ticket.
Elite Ticket makes the Events Catalogue available to every Buyer and is directly accessible via the Platform homepage. Users may search Events by artist name and/or event.
Via the Catalogue, the Buyer has access to web pages presenting each Event, where the Platform’s proposed Services are shown for each Event as well as any information Elite Ticket freely judges to be useful according to their conditions and methods and by which the Buyer may order the Platform’s Services (hereafter the “Order”).
Photographs representing Events are chosen as accurately as possible. However, they are used for informative and illustrative purposes only for which Elite Ticket are not responsible for and which the Buyer acknowledges and accepts.
7.2 Advance ticket reservation service (hereafter the “Advance Ticket Reservation Service”)
The Buyer may reserve Tickets in advance for Events identified by Elite Ticket before the official general onsale.
The Buyer acknowledges that the Advance Ticket Reservation Service applies to highly demanded Events, specifically and freely identified by Elite Ticket.
The Buyer may access the aforementioned Service by clicking on the “add to cart” on the Event page.
In the context of Advance Ticket Reservation, the Buyer expressly commissions Elite Ticket:
to find and purchase tickets for the desired Event
in the category, for the date and of the number of Tickets requested by the Buyer at the time of placing the Order,
and at the price indicated on the Event page.
7.3 Ticket purchasing service (hereafter the “Ticket Purchasing Service”)
The Buyer may acquire Tickets for Events proposed by Elite Ticket on the Platform within the limit of stocks available and at the price listed on the Event page. The Buyer acknowledges and accepts he may do so by clicking on “add to cart”.
At the time of placing the Order, the Buyer must fill in:
the desired category,
and number of Tickets.
The Buyer is informed of this information on the Event Page, prior to placing the Order.
7.4 Ticket sourcing service (hereafter the “Ticket Sourcing Service”)
The Buyer may commission Elite Ticket to source and purchase Tickets for an Event listed as sold-out, at the price listed on the Event page. The Buyer may do so by clicking on “add to cart”.
At the time of placing the Order, the Buyer must fill in:
the desired category,
and number of Tickets.
Elite Ticket commits to informing the Buyer of the progress made every month by email.
Elite Ticket shall make every effort to source the requested Ticket(s) up until 7 days before the Event:
Once Elite Ticket has found and acquired the Tickets, the Buyer will be notified at the earliest opportunity.
In the rare instance that Elite Ticket is unable to source and purchase the Tickets, the Order will be cancelled according to the determined methods listed in this document.
Elite Ticket does not guarantee the acquisition of Tickets. Therefore, the Buyer acknowledges and accepts that Elite Ticket does not hold any responsibility in the case of failing to do so.
7.5 Technical assistance
Elite Ticket offers the Buyer technical assistance by email or telephone using the contact details indicated in Article 2, from Monday to Friday, from 9am-11am and from 1pm-5pm GMT excluding French bank holidays. The Buyer may contact Elite Ticket for assistance with any difficulties encountered during use of the Services.
7.6 Other services
Elite Ticket reserves the capacity to propose any other Service, in an accessible form and according to the practicalities and technical means estimated to be the most appropriate for the aforementioned Services.
8. ORDER TERMS
The Buyer places an Order directly on the Platform via the corresponding Event page.
The Buyer commits to informing Elite Ticket of all required and obligatory information, in particular the number of Tickets, desired category and personal details to be used in billing and delivery.
The Buyer expressly acknowledges that Elite Ticket may limit ticket acquisition for an Event to a maximum of four (4) tickets per person, according to determined criteria.
The Buyer may access and modify any eventual errors on the Order summary at any time provided that the Order has not yet been definitively confirmed.
The Buyer understands that an incomplete Order which does not contain the required obligatory information will not be confirmed.
Once the Order is confirmed, the Buyer may directly access a page summarising the Order. The Buyer is invited to check the entirety of the details he provided, delivery details in particular, before clicking on “Buy”.
The Buyer assures Elite Ticket that all information provided for the Order is correct, up-to-date and genuine.
Following payment via the Platform, the Order is considered as definitively confirmed by Elite Ticket.
Elite Ticket will immediately sent an email of confirmation to the Buyer, to the address provided at the time of the Order.
9. Elite Ticket SERVICE TERMS
9.1 Positioning of seats
For the total of the Platform’s proposed Services, Elite Ticket makes every effort to ensure that the purchased tickets correspond to adjacent seats, unless noted otherwise at the time of the Order.
In the case that adjacent positioning is not possible, for whatever reason, the Buyer understands and accepts that Elite Ticket may allocate him separate seats or groups of adjacent seats, at its own discretion, according to the available options.
In these conditions, Elite Ticket commits to informing the Buyer, who may choose to cancel his Order by sending an email to Elite Ticket within forty-eight (48) hours from the time of notification.
The Buyer understands and accepts that if no response is sent within this deadline, the Buyer maintains his Order.
In case of cancellation, the Buyer will receive an email confirming the cancellation of the Order and will be fully refunded within thirty (30) working days.
9.2 Form of Ticket(s)
Elite Ticket will provide the Buyer with either paper Tickets in printed form sent by post, or e-Tickets sent electronically.
The Buyer acknowledges and accepts that this choice is independent of Elite Ticket.
The Buyer also acknowledges and accepts that Elite Ticket may choose to forward justification of the Order which must be exchanged for the final ticket in the conditions specified on the justification.
In the instance that the Buyer chooses paper tickets and Elite Ticket provides e-tickets, a full refund for any postal fees will be issued within fifteen (15) days of the Order being sent.
In the instance that the Buyer chooses e-tickets and Elite Ticket provides paper tickets, an additional payment corresponding to postal fees will be requested.
In the instance that the Buyer refuses to pay postal fees, Elite Ticket may cancel the Order.
9.3 Delivery and Delivery times
By default, Elite Ticket ensures electronic delivery for e-Tickets and postal delivery for paper Tickets.
Regarding the Ticket Purchasing Service, Elite Ticket makes every effort to send Tickets within fifteen (15) working days from the date of Order confirmation.
Regarding the Advance Ticket Reservation Service, Elite Ticket makes every effort to send Tickets within ten (10) days of the Event.
Regarding the Ticket Sourcing Service, Elite Ticket makes every effort to send Tickets within five (5) days at the latest from date of the email notifying the Buyer of the sourced tickets.
Nonetheless, the Buyer understands that these delivery times are indicative and may be modified by Elite Ticket at its own discretion in the case of busy periods or for specific Events. Elite Ticket commits to informing the Buyer in the case of a delayed Ticket delivery.
With regards to the Ticket Purchasing Service, Elite Ticket commits to providing the Buyer with Tickets in the category requested at the time of placing the Order.
With regards to the Advance Ticket Reservation Service and Ticket Sourcing Service,
Elite Ticket may freely choose to either source and purchase Tickets in a higher category with no extra cost for the Buyer, or cancel the Order in the conditions provided hereafter, if it is not possible to source Tickets in a lower category,
Elite Ticket commits to notifying the Buyer if they are only able to acquire Tickets in a category lower to the category requested at the time of the Order and seek agreement before any ticket acquisition. In case of refusal, Elite Ticket will proceed to cancelling the Order according to the conditions provided hereafter.
10. BUYER ORDER CANCELLATION - RIGHT OF WITHDRAWAL
The Buyer is expressly informed and accepts that the Services are delivered once the Order has been confirmed and the execution of such occurs before the end of the legal deadline of withdrawal or fourteen (14) days.
Consequently, the Buyer expressly waives his right of withdrawal, which will therefore not be exercised, in accordance with Article L. 121-21-8 of the French Consumer Code, and accepts that he will not be able to request a cancellation with the following exceptions.
Nevertheless, the Buyer may inform Elite Ticket of a change of delivery address by sending an email to the address listed in Article 2. The request for a modification of delivery address will only be processed if the Order has not already been sent, which the Buyer understands and accepts.
At any time, the Buyer may request cancellation of the Order in the following circumstances:
In the case of the Advance Ticket Reservation Service, the Buyer may cancel his Order by email, for whatever reason, up until seventy-two (72) hours before the general onsale.
In this instance, he will receive a refund of 80% of the initial Order total. Elite Ticket makes every effort to ensure the refund is issued within thirty (30) days.
In the case of the Ticket Sourcing Service, the Buyer may cancel his order by email, for whatever reason, ahead of Elite Ticket notification that Tickets have been sourced and purchased.
In this instance, he will receive a refund of 70% of the initial Order total. Elite Ticket makes every effort to ensure the refund is issued within thirty (30) days.
11. Elite Ticket ORDER CANCELLATION
In the context of the Advance Ticket Reservation Service and in the instance of Elite Ticket being unable to acquire the requested Tickets, the price of the Service will be fully refunded. Elite Ticket makes every effort to ensure this is issued to the Buyer within thirty (30) days.
In the context of the Ticket Sourcing Service and in the instance of Elite Ticket being unable to source the requested Tickets, the price of the Service will be fully refunded. Elite Ticket makes every effort to ensure this is issued to the Buyer within thirty (30) days.
Furthermore, Elite Ticket will send a 15% promotional code which the Buyer may use for a future Order within two (2) months of receiving it.
In any case, whether it be the Advance Ticket Reservation Service or Ticket Sourcing Service, if Elite Ticket is unable to obtain Tickets in the desired category and the Buyer refuses a change of category, the Order will be cancelled and the price of the Services will be fully refunded. Elite Ticket makes every effort to ensure this is issued to the Buyer within thirty (30) working days.
In the instance of a sale for an Event for which Elite Ticket holds stock, if Elite Ticket is unable to obtain Tickets in the desired category and the Buyer refuses a change of category and date, the Order will be fully refunded within thirty (30) working days.
12. EVENT POSTPONEMENT OR CANCELLATION
The Buyer understands and accepts that Elite Ticket cannot be held liable, in whatever circumstances, for the cancellation, modification or postponement of an Event subsequent to Order confirmation.
Elite Ticket commits to informing the Buyer of any knowledge concerning the cancellation, modification or postponement of an Event, as quickly as possible via the email address he provided at the time of placing his Order.
In the case of an organiser cancelling an Event, Elite Ticket commits to reimbursing the face value of the Tickets provided the Buyer sends the paper Tickets corresponding to the Order back to Elite Ticket, by First Class post with signature. However, the Buyer acknowledges and accepts that Elite Ticket retains the commission (hereafter the “Commission”) as specified in Article 13 of this document.
Elite Ticket must receive this aforementioned post within a maximum of fifteen (15) days following notification of the cancellation. The first reception date of the aforementioned post constitutes proof between the Parties.
Elite Ticket will make every effort to issue the refund within thirty (30) days.
The Buyer acknowledges and accepts that postal costs for returning the Tickets to Elite Ticket are at his expense.
In the case of an Event postponement or Event venue/date modifications, Elite Ticket may choose to either send the Buyer a modified Ticket or to proceed with a refund of the Ticket face value, which the Buyer acknowledges and accepts.
In the case of a refund, Elite Ticket only commits to proceeding with a refund provided that the Buyer returns the Tickets to Elite Ticket by the same means mentioned in the case of an Event cancellation (Article 12.2).
13. BILLING AND PAYMENT
13.1 Service fees
The fees for the Services (hereafter the “Service Fees”) is indicated on the Event page and comprises of:
the face value of the Ticket,
the cost of Elite Ticket Services including eventual tax, sourcing and acquisition costs and processing fees (hereafter the “Commission”).
The price is listed in pounds sterling, including all taxes.
The Buyer acknowledges that in case of an Order delivery to outside France, the Order may carry additional charges at his expense.
Elite Ticket reserves the right to propose promotional offers and price reductions at their own discretion and in any way seen fit.
The Buyer understands and accepts that the Service Fees for the same Event may vary according to demand.
The new rates will be immediately applicable to every new Order, which the Buyer acknowledges and accepts.
13.2 Payment methods
Payment is immediately due online on the Platform by card and by the intermediary provider of choice (hereafter “Payment Provider”), which the Buyer acknowledges and accepts.
The Buyer acknowledges that payment of the Service Fees is due upfront.
The Buyer guarantees Elite Ticket that he has necessary authorisation for payment at his disposal.
The Buyer is made aware that bank details and personal information provided at the moment of payment for every Order will be collected by the Payment Provider chosen by Elite Ticket and indicated on the Platform. These will be securely kept for the legal duration of said data. Elite Ticket does not retain any bank details.
14. DURATION - UNSUBSCRIPTION
The Buyer may choose to proceed with the closure of his Account at any time by addressing an email to Elite Ticket to the address listed in Article 2.
The closure of an Account is immediate, provided there are no eventual Orders in progress. In this case, the Account will be closed following delivery of the final Order.
The Buyer is expressly informed and accepts that the entirety of his details and documents available in his Personal Account will be immediately deleted at the same time of the Account closure. The Buyer may choose to recover any details in the format of his choice.
15. SERVICE GUARANTEES
Elite Ticket will do its utmost to ensure that the Platform functions without interruption 24/7, except in cases of force majeure.
If needed, Elite Ticket reserves the possibility of limiting or temporarily suspending access to the Platform for service maintenance and/or improvement. In this case, Elite Ticket commits to notifying this with an informative general message on the Platform homepage.
Elite Ticket commits to making every effort, in compliance with the practices of the profession and existing solutions, to support the protection and monitoring of infrastructures, the control of physical and/or non-physical access to the aforementioned infrastructures, in addition to the implementation of measures of detections, prevention and recuperation protecting servers from malicious behaviour.
Elite Ticket equally commits to taking all necessary precautions with regards to data and potential risks that come along with the automatic processing of data put in place for the Services’ needs in order to keep data safe, and in particular prevent them from being distorted, damaged or accessed by a third party.
Any complaint relating to the non-compliance of the Order must be sent by email to the address listed in Article 2 of this document, in the seven (7) working days from Order confirmation and before the Event. Any subsequent complaint will not be accepted.
Elite Ticket may choose to propose any necessary compensation, provided that Elite Ticket find truth in the complaint. Elite Ticket will directly contact the Buyer within seven (7) days from receiving the complaint in order to either communicate whether the complaint appears to be unfounded given the obligations listed in this document, or to propose a method of compensation.
Any complaint relating to an Order not being received must be sent by email to the address listed in Article 2 of this document, at least fifteen (15) days before the Event for the Ticket Purchasing Service, seven (7) days before the Event for the Advance Ticket Reservation Service, and two (2) days before the Event for the Ticket Sourcing Service. Any subsequent complaints will not be accepted.
17. BUYER’S OBLIGATIONS
Without prejudice to the other obligations specified in this document, the Buyer commits to respecting the following obligations.
(i) The Buyer commits to respecting the law, applicable regulations and must not infringe upon the rights of third parties.
Additionally, he is solely responsible for the correct completion of administrative, fiscal and/or social formalities, assessment payments and any taxes that may incumbent upon him for use of the Services. In particular, the Buyer is solely responsible for checking import conditions for tickets subject of an Order in the delivery country. Elite Ticket does not hold any responsibility in this case.
(ii) The Buyer has full understanding of the characteristics, constraints and most notably, techniques of the ensemble of proposed Services.
(iii) The Buyer commits to a strictly personal use only of the Services. He is prohibited from transferring all or any part of his rights and obligations listed in this document to a third party or other person, in any manner.
(iv) The Buyer is prohibited from reproducing, copying, modifying, in whole or in part, the ordered Tickets in any form or manner. Elite Ticket may hold the Buyer responsible in case of violation of the presented obligations.
(v) The Buyer is prohibited from using the ordered Tickets for any other purpose than specified in this document in particulier the realisation of Ticket resales. Elite Ticket does not hold any responsibility in this case.
18. PROHIBITED BEHAVIOUR
It is strictly prohibited to use the Services for the following purposes:
illegal, fraudulent activity or any activity that comprises the rights or security of a third party,
breach of public order or violation of laws and current regulation,
intrusion to the information system of a third party or any harmful activity, control, interference or interception of all or part of a third party’s information system which violates its integrity or security,
assistance or incitement, in any manner, to any of the acts and activities listed above,
and more generally, any activity that detracts from the original purposes of the Services.
It is strictly prohibited for any Buyer to copy and/or reuse the concert, technologies or any other element from the Platform to his or a third party’s ends.
Additionally strictly prohibited:
(i) any behaviour considered to interrupt, suspend, slow down or prevent the continuation of the Services,
(ii) any intrusions or attempts of intrusions to Elite Ticket systems,
(iii) any misuse of Elite Ticket system resources,
(iv) any actions of a nature that force a disproportionate load on Elite Ticket infrastructures,
(v) any attempts at security and authentication measures,
(vi) any actions of a nature considered to target Elite Ticket rights and financial, commercial and/or moral interests, and more generally,
19. NON-COMPLIANCE SANCTIONS
(i) temporarily or definitively suspend, without delay, a Buyer’s access to the Services in the case of misconduct or contravention and in particular, in the case of the provision of incorrect, incomplete, misleading or out-of-date information at the time of placing an Order,
(ii) delete any content in connection to the misconduct or contravention,
(iii) take all appropriate measures and initiate any legal action,
(iv) notify the relevant authorities, cooperate with them and provide them with all the information necessary to their search and control of illegal or illicit activity.
20. Elite Ticket DISCLAIMER
20.1 Elite Ticket commits to diligently providing the proposed Services and according to the current state of technology, specifying an obligation of means, rather than one of the outcome, which the Buyer expressly acknowledges and accepts. The responsibility of Elite Ticket is exclusively limited to the provision of the Services according to the methods described in this document.
20.2 Elite Ticket declines all responsibility in case of the eventual loss of information accessible on the Buyer’s Personal Account, the Buyer should ensure a copy of this information as he sees necessary and does not quality for compensation in this case.
20.3 Elite Ticket commits to carrying out regular checks ensuring the sound functioning and accessibility of the Platform. For this reason, Elite Ticket reserves the ability to momentarily interrupt access to the Platform for service maintenance reasons. Likewise, Elite Ticket may not be held responsible for any momentary difficulties or impossibilities encountered on the Platform which are due to external circumstances, force majeure, or due to telecommunication network disturbances.
20.5 The Buyer acknowledges that the limits of liability laid down in the current article apply solely to any professional Buyer who does not possess the qualities of a customer in the eyes of the law.
22. PERSONAL DATA
Elite Ticket’s policy on the protection of personal data is explained in the document entitled “Charter on the protection of personal data”, which is accessible from the Platform homepage. The Buyer is expressly encourage to be aware of this information.
Elite Ticket commits to conforming to all obligations and regulations for which it is responsible in terms of personal data protection in place to guarantee the security and confidentiality of collected and processed data. Elite Ticket commits to performing all obligatory and necessary declarations to the National Data Protection Commission.
Elite Ticket is not responsible for the storage of collected and processed data carried out by the Payment Provider. The Buyer is informed and accepts that the Payment Provider is solely responsible for data handling and processing.
Elite Ticket reserves the right to incorporate any promotional or advertising material onto any page of the Platform and in any communication with the Buyer.
24. THIRD PARTY WEBSITES
Elite Ticket may not be held responsible for the technical availability of the websites (including potential partner sites) that the Buyer may be redirected to from the Platform.
Elite Ticket is also not responsible for any transactions between the Buyer and any other advertiser, professional or salesperson (including potential partner sites) which the Buyer may have been directed to through the Platform and under no circumstances may be party to any disputes that may arise, in particular concerning the delivery of products and/or services, guarantees, declarations and any other obligations the third party may be held to.
The fact that one of the Parties has not exercised any right or power under the provisions of these Terms and Conditions, or exercised it late, may not be interpreted as a waiver to exercise all or part of this right and any exercise of right or power shall preclude further implementation of this right or power.
26. FORCE MAJEURE
Elite Ticket will not be held liable to the Customer in the event that the execution of its obligations are delayed, restricted or made impossible due to the occurrence of a force majeure. In particular, cases considered to be force majeure are considered to be instances usually recognised by the law and courts.
In the event of contradiction or dispute as to the meaning of a term or method, the language of interpretation shall be the original French language version.
Elite Ticket reserves the right to modify and/or discontinue offering all or part of the Services at any time at its discretion, subject to the execution of existing Orders.
The amended terms will apply to any Order request carried out after their modification.
30. ENTRY INTO FORCE