EUROPEAN UNION EVENT ORGANIZER’S AMENDMENTS TO EVENTS.COM’S TERMS OF USE
The following Withdrawal Rights are added as a new Section 32:
- The following applies only to Event Organizers that are consumers (individuals acting for purposes which are wholly or mainly outside their trade, business, craft or profession while using the Services):
- You may have a legal right to withdraw Your agreement for any reason within a 14 day withdrawal period. For a Services contract, this withdrawal period expires 14 days from the conclusion date of the contract. For goods, the withdrawal period expires 14 days from the day on which You or a third party acquires physical possession of the goods (or of the last good in case of multiple goods; or of the last lot or piece in case of goods consisting of multiple lots or pieces; or on the first good in case of the regular delivery of goods).
- By creating an event and commencing the sale of tickets or registrations, You consent to and expressly request the performance of the Services begins before the 14 day withdrawal period has expired and that You will not benefit from a legal right to withdraw once the related Service (e.g., the sale of a ticket or registration on the Services) has been fully provided.
To exercise the right of withdrawal, You must inform us of Your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
Events.com, Inc., a California corporation
811 Prospect Street
La Jolla, CA 92037
Email: legal@Events.com
Attn: Legal Department
To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal: If You are able to withdraw from this contract, we shall reimburse You all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any event no later than 14 days from the day on which we are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly requested and agreed otherwise. We may withhold reimbursement until we have received the goods from You, if any, or You have supplied evidence of having sent back the goods, if any, whichever is the earliest.
You shall send back any goods ordered without undue delay and in any event no later than 14 days from the day on which You communicate Your withdrawal from this contract to us. The deadline is met if You send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If You request to begin the performance of services during the withdrawal period, You shall pay us an amount which is proportionate to what has been provided until You have communicated Your withdrawal from this contract, in comparison with the full coverage of the contract.
You will not benefit from a legal right to cancel Your contract with Events.com if Your contract with Events.com is for the provision of services related to leisure activities for a specific date or period.
EUROPEAN UNION REGISTRANTS AMENDMENTS TO EVENTS.COM’S TERMS OF USE
If You are a user located in the European Union who is an individual acting for purposes wholly or mainly outside of Your trade, business, or profession while using the Services, then the following changes to the Terms of Use apply to You:
- Section 18 (Disclaimer of Warranties) of the Terms of Use is replaced with the following:
- Events.com uses commercially reasonable efforts to provide the Services without interruption. However, by nature of the Internet, this cannot always be promised. Moreover, You acknowledge that Events.com may remove Services for planned repair or maintenance from time to time. Events.com will use commercially reasonable efforts to notify You prior to such repairs or maintenance. Events.com does not assume any warranty for the content, products, services, actions or inactions of any user or third party before, during and/or after an event. You acknowledge that Events.com has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any users’ (including Registrants’, other third parties and Event Organizers’) content or listings, or the ability of any user (including Registrants and Event Organizers) to perform or complete a transaction. Further, Events.com is not necessarily affiliated with, has no agency, or employment relationship with, any third party service provider used by users in conjunction with the Services, and as such, Events.com does not obtain any responsibility for the acts or omissions of any such third parties. However, if You believe there has been any misconduct in connection with the Services, please contact legal@events.com
- Section 19 (Limitation of Liability) of the Terms of Use does not apply to (a) any damages caused by any personal injury or death caused by Events.com’s negligence, and (b) any damages caused by Events.com’s gross negligence or intentional misconduct. Further, if Events.com fails to discharge obligations essential to performance of Services of the Terms of Use, Events.com’s liability shall be subject to Section referencing Limitation of Liability of the Terms of Use, but the limits shall be amended to include typical and foreseeable damages arising from such failures.
- Section 25 is amended such that the law of the EU country in which You reside applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Registrant’s Legal Withdrawal Rights
If You are a Registrant, please contact the Event Organizer with any ticket withdrawal requests and/or concerns. If You benefit from a legal right to withdraw Your purchase or registration, please inform the applicable Event Organizer. Please note You do not benefit from a legal right to withdraw Your contract if:
- Your contract with the Event Organizer is for the provision of services related to leisure activities for a specific date or period (e.g., a ticket for a concert on a specified date);
- The Event Organizer is an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession; or
- You are not an individual acting for purposes which are wholly or mainly outside Your trade, business, craft or profession.
Your contract with the Event Organizer is fully performed by the Event Organizer within the 14 day withdrawal period.