Onlineticketshop is a member of EUSTA
Onlineticketshop is member of EUSTA - the European Union Secondary Ticketing Association and as such has signed the code of conduct below.
All EUSTA members are required to comply to the code of conduct by January 1st, 2010. Up to then it can be that not all parts of the code are fully implemented yet.
Code of Conduct
- This code of conduct is laid down by the European Union Secondary Ticketing Association ("EUSTA"). It establishes rules of conduct and requirements for all secondary market parties that are associated with EUSTA.
- It is the aim of EUSTA to safeguard quality for buyers who have purchased (admission) tickets for an event from suppliers of (admission) tickets on the secondary market. In order to be able to offer the buyer transparency and guarantees when buying admission tickets on the secondary market, EUSTA has drawn up a number of rules of conduct and requirements.
- Companies bearing the EUSTA trademark meet these rules of conduct and requirements drawn up by EUSTA. These rules of conduct and requirements also serve to protect the buyer.
Rules of conduct
Article 1 - Scope
This code of conduct applies to all member secondary market parties that offer (admission) tickets that have not been appointed as primary ticket outlets. This code of conduct will not be applicable if other legislative and jurisprudential rules apply.
Article 2 - Definition
The following definitions apply throughout this code of conduct:
- Primary ticket sale: sale of (admission) tickets at the face value (original selling price) by the primary ticket outlet or the organiser.
- Secondary ticket sale: sale and resale of (admission) tickets by secondary market parties (i.e. not the primary ticket outlet).
- Secondary market parties: natural persons or legal persons operating in the market of secondary ticket sales.
• Secondary ticket suppliers: resellers of (admission) tickets (also known as ticket brokers).
• Marketplaces: internet platforms facilitating the resale of (admission) tickets (e.g. ticket exchange platforms).
• Other parties: market parties that put together arrangements and hospitality packages (which include (admission) tickets) as part of their business operations, whether the (admission) tickets are obtained through secondary ticket sales or not.
- (Admission) ticket: an ticket to gain admission to an event.
Article 3 - Basic principles
- Secondary market parties will guarantee uniformity of service for all buyers. Secondary market parties are not allowed to make any distinction whatsoever in their implementation of service on the basis of race, religion, sex, sexual orientation, age, handicap or nationality, or state conditions that could incite any form of discrimination.
- Secondary market parties are not allowed to publish personal or otherwise privacy-sensitive information without prior consent of the buyer, except in the case where there is a legal obligation to publish the information.
- Secondary market parties are to keep accurate accounts of all purchases, sales and refunds.
- Secondary market parties shall refrain from conduct of business which may be in any way harmful to secondary market parties or EUSTA.
- In their dealings with customers, secondary market parties are obliged to conduct business in a professional manner. In addition, they are to take into account all ethical norms as stipulated in this code.
Article 4 - Website information requirement
- Secondary market parties are to guarantee the accuracy of all the information that is communicated on their website. Secondary market parties are also required to list on their website, so as to be permanently accessible, the following information in a clear, direct and understandable manner:
• company name;
• address of the company (i.e. a P.O. Box number is not allowed);
• telephone number;
• email or alternative electronic contact form;
• Chamber of Commerce or Company Number;
• VAT registration number;
• (General) Terms and Conditions.
- a. It should be made clear to the buyer that they are making an agreement with a secondary market party. Member secondary market parties are required to state their role of secondary market party in an accessible location on the website. Details, such as a web page featuring contact details, (general) terms and conditions and frequently asked questions, should be provided.
b. In addition, secondary ticket providers are to state on every possible landing page of their website that they act as resellers of tickets. This declaration should be noticeable to the buyer without the buyer having to navigate the website.
- a. Secondary market parties are obliged to use clear and correct pricing in their marketing and sales terminology. They are to publish all costs, including the fixed fees known at the moment of publication, and payable to the secondary market parties for offered services, such as:
- surcharges as a result of the method of payment;
- non-variable shipping costs.
b. When ordering, the buyer is to be notified of any optional surcharges in a clear and explicit way during the booking process. The buyer should be able to accept these surcharges on an opt-in basis only.
- Furthermore, the secondary market party is encouraged to clearly specify, prior to ordering, where within the location the ticket gives them admission to. These details should, at the very least, pertain to a general location, in the sense that it is clear and intelligible to the buyer where within the location the ticket entitles them to go.
- The secondary market party is also to ensure that ‘restricted view' admission tickets are known to the buyers as such.
- The secondary market party is not allowed to provide misleading information, such as suggesting that an event, for which admission tickets are offered by the primary market party, is already sold out, or by creating the impression that the secondary market party is in any way affiliated to an official point of sale or to the official organiser of an event.
- a. Secondary market parties are to explain in an informative way how the buyer may request the face value of a ticket.
b. In addition, secondary ticket providers are to mention the face value of the admission tickets when inviting the buyer to make a purchase. Alternatively, they may state in unequivocal terms that the ticket is being resold.
Article 5 - Booking
- Prior to the conclusion of the agreement, the secondary market parties are to communicate clearly what guarantees the buyer is entitled to.
- Secondary market parties are to state clearly how the buyer may get in touch with the company and where the buyer can file a complaint.
- Secondary market parties are not allowed to offer tickets for events where the date of the event is not yet published.
- When inviting buyers to make purchases, secondary market parties are to provide a notification on the website in cases where the official sale of admission tickets for the event has already started through primary market parties.
- The website of every secondary market party should include a clear step-by-step plan that indicates to the buyer which stage they have reached in the booking process.
Article 6 - Sale of admission tickets
- Secondary market parties are not allowed to sell admission tickets at, or around, the location of the event.
- Member secondary market parties are to fully adopt the (general) terms of delivery.
Article 7 - Marketing and promotion
- Secondary market parties are to ensure that marketing and promotional activities are carried out in a careful and well-balanced manner. They are particularly to make sure that incorrect or misleading information is not given.
- The information on the websites of secondary market parties should not be in any way misleading or incomplete, and should not create false expectations in buyers.
- Prices listed as part of marketing and promotional activities should include those fixed fees known to the secondary market party at the time of publication that are payable by the buyer for services rendered.
Article 8 - Guarantees
- If, when an order is completed, and the admission tickets are guaranteed, the agreement is not observed, or when a ticket does not grant admission to the event in question, and this is not caused by the buyer, the buyer will be entitled to a refund of 120% of the agreed price, unless the fault cannot be attributed to the secondary market party (such as in the event of suspension of payments from, or bankruptcy of, the organiser), or unless the secondary market party proceeds to cancel the agreement within three days of the finalisation of the agreement. In these cases, 100% of the agreed price will be refunded. If a ticket appears to have been stolen or counterfeited and the secondary market party has bought the ticket in good faith, the buyer will be entitled to a refund of 100% of the agreed price.
- If the event is cancelled, then every member secondary market party will be obliged to refund 100% of the price paid by the buyer. This refund may take place by a reversal of the payment, a credit, or a deduction from the purchase price of a new ticket.
Article 9 - Privacy
- Secondary market parties should exercise particular caution when using personal details, as set out in national legislation.
- Secondary market parties are legally bound to refrain from using the buyer's email address in any way other than is necessary for the execution of the agreement, unless the buyer has given permission to the mailing of a newsletter or other marketing communications. The secondary market party is not allowed to distribute email addresses to third parties.
Article 10 - Complaints procedure
- Secondary market parties are required to use an in-house complaints procedure. Information about the complaints procedure should be clearly and unambiguously communicated in writing by every secondary market party, or otherwise be made known to the buyer via the website. If an agreement is made on the telephone, it should be pointed out to the buyer that an in-house complaints procedure exists.
- All complaints should be registered and filed. The complainant should be informed, within 5 working days, of the fact that their complaint is under consideration, after which an investigation may be started. A formal written outcome of the investigation into the complaint should be sent to the complainant within 14 working days, with the exception of complaints regarding the shipment of admission tickets, where this can be attributed to non-compliance with the agreement on the part of the intermediaries involved.
- If the complainant is not satisfied with the way the complaint is handled, they will be informed of the existence of the EUSTA Disputes Committee. The verdict of the Disputes Committee is binding, and member secondary market parties are to comply with this verdict.
Article 11 - Settlement of differences
- In the event that a complaint cannot be settled by mutual agreement, it may be treated as a dispute.
- The buyer is allowed to submit a complaint to an independent intermediary.
- Settlements by an independent intermediary are binding and must be observed by the secondary market parties.
- In the meantime, the President of EUSTA will temporarily act as an independent intermediary.
Article 12 - Sanctions
EUSTA shall treat non-compliance with the code in the following manner:
- If it is evident, after an investigation by EUSTA, that a secondary market party has failed to correctly implement the code of conduct, EUSTA will go through the following steps:
a. informal warning;
b. formal warning and temporary removal of the trademark and logo from the website;
c. expulsion from EUSTA and permanent removal of the trademark and logo from the website.
- No sanction will be imposed on secondary market parties if a problem arises with regard to the delivery of tickets, providing that the member secondary market party offers similar tickets, or the same tickets, at a price which is lower than the agreed price.
Article 13 - Implementation of the code of conduct
- This code of conduct is issued by the board of EUSTA.
- Every board member, employee, trainee and voluntary worker is personally responsible for observing the code within the range of their activities. All those involved are to be informed of the code.
Article 14 - Information about the code of conduct
- For more information on the application of this code of conduct please contact:
- EUSTA: www.eusta.nl or www.eusta.org
- Address of EUSTA:
J.J. Viottastraat 46-48
1071 JT Amsterdam
Telephone: +31 (0)20 679 7929
Article 15 - Other provisions
- The provisions of the Statutes and other regulations of EUSTA also apply to this code of conduct.
- This code of conduct was established on October 22nd 2009.
- This code of conduct shall be evaluated annually.
- Member market parties are to make their operational management consistent with the provisions of the present code of conduct no later than January 1st 2010.