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General Terms and Conditions of Use governing the Platform and the contract for the tickets offered on the Passetonbillet Platform

Current version published on 02/01/2021
Current version entering into force on 02/01/2021

GENERAL
You can consult here the provisions governing the use of the site www.passetonbillet.fr. You declare below to enter into a direct contractual relationship with the Passetonbillet platform. Everything relating to your account, your personal data and the technical means deployed, is specified in said regulations, hereinafter referred to as the “General Conditions of Use governing the Platform”.

GENERAL TERMS OF USE GOVERNING THE PLATFORM
Legal validity
These Terms and Conditions governing the Platform have been drawn up by Passetonbillet LTD, whose registered office is at Carlyle House, 235 Vauxhall Bridge Road, SW1V 1EJ, London (United Kingdom), and which is registered with the Chamber de Commerce under number 12002310.

When using the Platform, you enter into a contract with Passetonbillet (hereinafter referred to as the “Ticket Agreement”), as a “User”. The provisions following the heading “Ticket Agreement” do not apply to Passetonbillet, which reserves the right to modify these General Conditions of Use governing the Platform. By using the services offered on the Passetonbillet Platform, you agree to comply with the most recent version of these Terms governing said Platform. You are required to consent to any modification of the said Platform agreement when using the said Platform.

Platform Service
Through its online digital platform (hereinafter referred to as the “Platform”), Passetonbillet LTD is a platform whose purpose is to connect Sellers and Buyers, individuals, with a view to the resale of Tickets, within the limit of their face value. (hereinafter referred to as the “Platform Service”).

Registration
You can use the Platform Service by logging in and registering using your email address or your Facebook account. You are required to scrupulously enter all your personal details and to use only one Passetonbillet account.

Privacy
Passetonbillet LTD ensures the protection of your personal data under the Data Protection Act (Wbp) and (from May 2018) the General Data Protection Directive (AVG). Passetonbillet will only use the confidential contact details that you have provided to it, for the purpose of allowing access to the Platform service and communicating with you on this subject. If you would like more information, please see our Privacy Policy on our website.

Strictly personal use
The service offered on the Passetonbillet Platform is reserved for strictly personal use. We strongly discourage commercial resellers and commercial parties from buying or reselling on the Platform. Scripts, (partially) automated software or any other means of obtaining priority purchases are prohibited. Otherwise, these practices will result in the (permanent) blocking of the User.

Disclaimer
Passetonbillet LTD cannot be held liable for damages caused by having used the service offered on its Platform or the Platform. Although the company Passetonbillet LTD, with a view to its proper functioning, takes all the necessary measures to ensure that its Platform is secure, it cannot in any way guarantee that the service offered on the Platform or that the content of that may be free from any malfunction or inaccuracy. Passetonbillet LTD declines all responsibility for the consequences, if any, of any failures in the service offered on the Platform. Passetonbillet LTD is authorized, without having to give notice, to (temporarily) suspend, limit the use or interrupt the service offered on its Platform, without having to specify the reason and without being required to 'compensate the Users for the resulting damages.

Role of Passetonbillet
The Passetonbillet site is a communication and information exchange platform made available to individuals on the Internet in order to allow the conclusion of a sales contract intervening directly between a Seller and a Buyer, under the condition precedent of the availability of the Ticket, subject of the sale.

Passetonbillet acts as a host of advertisements. The fact that the titles and the presentation of the advertisements are formatted automatically by the does not lead to involving in the writing of the advertisement. Passetonbillet can therefore in no way be held responsible for the content or the lack of veracity of the information inserted in the advertisements published on the site insofar as these advertisements are written by Users under their sole responsibility. The site cannot be sued on the very content of the exchanges, nor on the follow-up that may be given to them, in any form whatsoever.

Passetonbillet does not market Tickets and does not at any time enter into possession of the tickets offered by the Sellers. The sales contracts concluded through the Site are therefore concluded directly between the Buyer and the Seller.
Passetonbillet can in no way be considered as a Seller of the Tickets, and incur any liability in this respect.

Passetonbillet in no way guarantees that Users have the legal quality or capacity to act, nor more generally the accuracy of the information communicated by Users, who act in their sole name and under their sole responsibility.

Passetonbillet makes its best efforts to verify using tools and software that Users do not use the functionalities of the Site with the aim of setting up a parallel trade, but could not guarantee it. Indeed, Passetonbillet does not at any time enter into possession of the tickets offered by the Sellers.

payment service
Payment services for the User officiating on Passetonbillet are (in certain cases) provided by MangoPay and subject to the MangoPay payment services framework contract, which includes the MangoPay Terms of Service. By agreeing to this Ticket Agreement or by continuing to operate as a Passetonbillet User, you agree to be bound by the MangoPay General Terms and Conditions of Use, which may occasionally be subject to modifications by MangoPay. . Therefore, you agree to provide Passetonbillet with accurate and complete information about you and your activity. Also, you authorize Passetonbillet to share this information as well as that concerning the transactions carried out via the payment solution provided by MangoPay.

Non-compliant use
As a sine qua non for the use of the services offered on the Platform, you declare not to enter through the Platform information, data or content that would be contrary to the law or the legislation in force. Furthermore, you declare that you do not:

claim to establish an unauthorized relationship with an individual or entity;
want to forcefully enter the secure and protected parts of the site;
intend to transmit viruses, spam, spam, chain letters, unsolicited promotional or advertising materials of any kind;
intend to examine, scan or test the vulnerability of the Platform or any other system or network linked to it, or to act in such a way as to thwart our security or authentication measures ;
use scripts, (partially) automated programs or any other methods to gain priority over purchases; If Passetonbillet should have doubts about compliance with these obligations, the company is entitled to refuse you (permanently) access to the Platform and its services, with immediate effect.

Illegal content
Anyone wishing to inform Passetonbillet LTD of the presence of illegal information or content may inform the latter by sending a detailed letter to Passetonbillet LTD – Carlyle House, 235 Vauxhall Bridge Road, SW1V 1EJ, London (Kingdom -United).

In accordance with the terms of Article 6-I-5 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, said notification must mention all of the following information:
- the date of the notification,
- the identity of the notifier: his surname, first name, profession, domicile, nationality, date and place of birth,
- the name and address of the recipient,
- the description of the disputed facts and their precise location (e.g. URL link of the disputed advertisement),
- the reasons for which the content must be removed, including the mention of the legal provisions and the justifications

SALE OF ELECTRONIC TICKETS
Download tickets
As a Seller, you are authorized) to offer an electronic ticket for sale on the Platform, by downloading a file reproducing said electronic ticket. This file must be the original digital version, transmitted by the supplier of the electronic ticket, and the Seller must have received prior authorization to resell it. Scanned electronic tickets, photos or personalized or edited files are strictly prohibited. The Seller is, at any time, entitled to withdraw its offer, provided that the electronic ticket has not already been reserved or sold. In order to dispel any doubt in this matter, once the electronic ticket is reserved for purchase by the Buyer, the Seller undertakes to sell it to the Buyer. Once the Buyer has made payment, a definitive contract is automatically concluded between the Seller and the Buyer, without the prior approval of the Seller.

Description of the electronic ticket
The Seller must provide the information relating to said electronic ticket, as exhaustively and scrupulously as possible. This information must include at least the name of the event, its price (including issuance costs). Also, the Seller undertakes to provide information relating to the electronic ticket (type of tickets, precise entry times, child ticket, disabled access, member card required, etc.).
In the case of electronic tickets assigning a seat number, said numbers must be clearly specified in the description of the advertisement. Passetonbillet reserves the right to modify the information appearing on the announcement of the electronic ticket, if these are not correct or do not reflect the information entered on the original electronic ticket.

Seller's obligation
The Seller decides on the sale price of each electronic ticket that it offers on the Platform, provided that this price does not exceed the original sale price of said electronic ticket (issuance costs included). In some countries, there are (maximum price) restrictions on the offer and resale of e-tickets. The Seller must imperatively comply with any local legislation. In the event that an electronic ticket is sold at more than 120% of the initial price (service fees included), Passetonbillet reserves the right to cancel the Sale or refund the amount exceeding 120% of the initial price. Passetonbillet decides when this happens and the Buyer cannot claim any rights in this regard.

In France, any Seller irrevocably undertakes, and as an essential condition of these General Conditions of Use:
- to include in the same advertisement, only Tickets sold at the same price, having the same Face Value
- to comply with all the law in force in France, and in particular with the law of June 27, 1919, relating to the repression of the traffic in theater tickets, according to which the resale of tickets benefiting from public subsidies is not authorized only if the resale price does not exceed the price that appears on these tickets. Selling or transferring, attempting to sell or transferring, at a price higher than that fixed and posted in theatres, operas, concerts and similar subsidized or benefiting from any public benefit, or for any premium, tickets taken from said issuers, constitutes a criminally sanctioned offense and a clear violation of these General Terms and Conditions of Use automatically resulting in the formal ban on using the Site.
- to copy exactly the Face Value of the Ticket offered for sale, or failing that, the original value of the Ticket, understood as the price set by its issuer, in the field reserved for the Purchase Price,
- to deliver a Ticket in accordance with the detailed description of the advertisement published on the Site and free from defects preventing its normal and quiet use, failing which it incurs its civil and criminal liability.
- not to put on sale tickets prohibited for resale, falsified, misappropriated or stolen,
- in general, not to offer a Ticket for sale at a price higher than its Face Value,

Any Seller declares, certifies and guarantees that it complies with all legal obligations, including contractual ones, which are applicable to it, and in particular that its use of the Site does not violate any legal or regulatory provision or any contractual stipulation. The Seller remains solely responsible for a breach of one of its legal or contractual obligations.

Service and transaction fees for the Seller
For each electronic ticket for which a Purchase Agreement is concluded, the Seller owes PasseTonBillet LTD an amount ranging from 5% to 15% of the resale price called Service and Transaction Fees, this amount varies according to the type of tickets sold (train, vouchers, parks, sports, shows, etc.). These fees are intended to cover the costs faced by PasseTonBillet LTD to develop, operate, host, maintain and provide customer support on this site.
By entering into this Ticket Agreement, the Seller instructs MangoPay to deduct this amount from the Sale Price received and transfer it to Passetonbillet LTD.

Delivery of e-tickets
After purchase, the electronic ticket can be downloaded directly from the Platform in the My Ads section. Also, Passetonbillet LTD sends by email, said electronic ticket in the form of a link to a file in PDF format. From then on, a definitive contract between the Seller and the Buyer is established.
Note that due to the nature of the product, it is not possible to cancel the purchase or resale of an electronic ticket on Passetonbillet. Indeed, once the transaction has been finalized, there is no withdrawal period for either the Buyer or the Seller.
After purchase, the e-ticket is immediately downloadable.
As soon as possible when MangoPay has received the payment, Passetonbillet LTD provides the electronic ticket by e-mail. Upon purchase, a definitive contract is concluded between the Seller and the Buyer. Due to the nature of the product, it is not possible to cancel the purchase. After the completion of the transaction, there is no withdrawal period for the Buyer or the Seller.

VAT.
The VAT relating to the electronic tickets that the Seller resells via the Passetonbillet Platform must already have been paid with regard to the original electronic ticket, before the Seller offers it for resale.

E-tickets resold
The Seller receives an email when the sale is made, and the resold electronic ticket is automatically removed from the Platform. Therefore, the Seller undertakes to destroy any copy of the resold electronic ticket.

Payment to Seller
As soon as possible after the sale and delivery of the electronic ticket, Passetonbillet LTD transfers to the Seller the agreed sale amount, minus the service fees. Depending on the Seller's bank, the transaction may take a few days to appear on their account, it takes between 3 and 5 working days.
Passetonbillet cannot be held responsible in any case for payment delays.

After the opening of a dispute by the buyer, for an invalid e-ticket or in the event of (suspected) fraud or a canceled event, the Payment to the Seller may be suspended until the situation is clarified. If Passetonbillet LTD deems it legitimate to do so, Passetonbillet LTD may ask MangoPay to cancel the payment.

Compliance with EU law: Under EU law, Passetonbillet is required to go through the “Know your customer” (“KYC”) procedure for Sellers on the Passetonbillet Platform. These KYC procedures are performed by our payment provider Mangopay and are subject to privacy policies. Payment providers cross-check your information with their own databases and public databases to identify suspicious behavior. Following this analysis, you may be asked to provide them with additional identification documents. These must be original copies of your identification documents and cannot be altered (eg watermark). Identification documents are deleted by payment providers after verification.

Cancellation of the sale
Passetonbillet LTD has a particular interest in the proper performance of the contract between the Buyer and the Seller. The purchase contract also includes an irrevocable clause with a third party for the benefit of Passetonbillet LTD, allowing it to demand compliance with the contract, to terminate the purchase contract or to render it null and void, if the 'Buyer or Seller has not fulfilled the conditions set forth in said Ticket Agreement.

Service and transaction fees for the Buyer
The Buyer of an electronic ticket can pay online using the payment methods offered. Transaction costs for the purchase of an electronic ticket equivalent to between 10 and 25% of the sale price, depending on the type of ticket sold (Train, vouchers, parks, sports, shows, etc.).
These fees are intended to cover the costs faced by PasseTonBillet LTD to develop, operate, host, maintain and provide customer support on this site.

Event Changes
The Buyer undertakes to keep himself informed about the event for which he is buying an electronic ticket; he will have to check himself if the event is postponed, canceled or modified in any other way.
Passetonbillet LTD is not responsible for any damage affecting users of Passetonbillet (Buyers and Sellers) following changes to events.
If an event is postponed to another date or another time and/or if the place of the event has changed, the Seller is not obliged to give compensation to the Buyer. In such situations. If the Buyer no longer wants his ticket, he can decide to sell it himself on the platform. Passetonbillet LTD is not responsible for any differences price difference occasioned by this event.

In the event of cancellation of an event, the organizer of the latter usually offers compensation to the person who purchased the electronic tickets for this event directly from the organizer (the Seller).
It is possible that the compensation offered by the organizer differs from the amount paid by the Buyer for the electronic ticket on the Platform. Passetonbillet LTD is not responsible for the "price difference" mentioned above, whether with regard to the Buyer or the Seller.

Invalid e-tickets and creation of a dispute
In the event of a problem with an electronic ticket purchased on our platform, the Buyer has the possibility of reporting an invalid electronic ticket by creating a dispute within 24 hours of the event. Only disputes opened by the Buyer from his profile will be handled by Passetonbillet LTD. After this 24-hour period, Passetonbillet LTD will not process any claims for invalid e-tickets.

Upon receipt of the dispute, PasseTonBillet will endeavor to examine the dispute between the buyer and the ticket seller, using the information and technologies at its disposal.
For the duration of the examination of the dispute, Passetonbillet blocks the transaction for the time of the analysis, in order to determine whether the ticket was indeed valid or not.
Based on these investigations, Passetonbillet may render two decisions to settle the dispute:
Decision (1): the buyer is reimbursed for his purchase and the seller is not paid
After investigation, Passetonbillet has decided that the ticket offered for sale by the Seller was not valid, the Buyer will be refunded the price of the ticket he purchased, less transaction costs.
Decision (2): the buyer is not reimbursed for his purchase and the Seller is paid
After investigation, Passetonbillet decided that the ticket offered for sale by the Seller was valid, and that entry to the event was therefore refused to the Buyer for reasons independent of the quality of the Seller's ticket.
Whatever the decision of PasseTonBillet (1) or (2), the Buyer and the Seller are required to respect the decision of Passetonbillet LTD and cannot contest it.

Any additional costs related to the non-validity of the ticket (purchase of a new ticket, other expenses, etc.) will be borne by the Purchaser, whatever the decision.

Based on these investigations, Passetonbillet LTD will decide whether the Seller should refund the invalid tickets to the Buyer.

Refund conditions
In the event that the Seller has to reimburse Passetonbillet LTD, it is obliged to do so in accordance with the Reimbursement Conditions.
The Seller's reimbursement to Passetonbillet LTD may be due to, but not limited to:
- the sale of invalid electronic tickets
- the cancellation of the event.

Passetonbillet LTD facilitates reimbursement to the extent of its capabilities.
When the Seller has to reimburse Passetonbillet LTD for a canceled event, he is obliged to transfer the amount within 14 days of receipt of the compensation by the organizer.
In all other cases, the Seller is obliged to refund Passetonbillet LTD within 14 days of issuing the refund to the Buyer. If the refund has not been made within 14 days, Passetonbillet LTD reserves the right to call on a collection company. All additional costs arising from this collection company shall be borne by the user.

Risks
The purchase of an electronic ticket through the Platform is not without risk. Passetonbillet LTD strives to carry out on its Platform only secure and satisfactory transactions, but cannot guarantee that an electronic ticket purchased through its Platform is valid and necessarily guarantees you entry to the event. .

Responsibility
Passetonbillet LTD cannot be held liable for damages caused as a result of having used the Platform service or the Platform, unless the said damages are intentional, or result from negligence or gross recklessness. Although Passetonbillet LTD takes all necessary measures to ensure that resales are secure, it cannot always guarantee that its services are free from any malfunction or that the content of the Platform is correct. It cannot guarantee the accuracy of the entries on the electronic ticket or its validity. Passetonbillet declines all responsibility for the consequences, if any, of failures in the service of its Platform, of the Platform itself, or of the falsity of the entries made on said electronic ticket. Passetonbillet has the right to (temporarily) deactivate its Platform without prior notice, or to restrict its use, without s having to provide a reason, and without there being any right to damages on the part of Passetonbillet.

Improper use
You declare not to enter through the Platform any information, data or content that would be contrary to the Law or the legislation in force. Furthermore, you declare that you do not:

intend to transmit viruses, spam, chain letters, of any kind;
intend to examine, scan or test the vulnerability of our services or any other system or network linked to it, or to act in such a way as to thwart our security or authentication measures ;

If Passetonbillet were to have doubts about compliance with these obligations, the company would be entitled to refuse the User, definitively access to the Platform and the service, with immediate effect. In the event of non-compliance with our rules, we reserve the right to keep the User's data and information in our archives, for later consultation even after any dispute has been settled. This means that if the User violates Passetonbillet's General Conditions of Use, the right to retain the User's data prevails over data protection laws, which grant the right to request the deletion of all data. of the User of our database.

Disclosure of information
Passetonbillet is authorized at any time to disclose information
- (1) to ensure his defense before a judicial authority
- (2) to enforce a judgment rendered by a court
- (3) to comply with any law, regulation or requisition from governing authorities
- (4) to ensure the protection of the country, its means of defence, public safety and health
- (5) to assert his rights
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