Article 1 definitions and general
Article 2 information, special wishes, discounts and cancellation insurance
Article 3 conclusion of the agreement
Article 4 prices and payments
Article 5 vouchers
Article 6 tickets
Article 7 canceled or rescheduled events
Article 8 liability
Article 9 intellectual property rights
Article 10 miscellaneous
Article 11 special conditions gift voucher
Article 12 applicable law and competent court
Article 1: definitions and general
1.1 In these terms and conditions:
General conditions: these general conditions;
Package(s): an additional offer from a cooperation partner of NOVOTIX, for which NOVOTIX mediates;
Event: the public or private event in which, by way of example, but not limited to, a performance of an artistic and/or sporting nature is performed, being a leisure activity on a specific date, including, but not limited to, a musical, theater -, theater or music performance, a concert, show, amusement park or sporting event;
NOVOTIX: The private company with limited liability NOVOTIX B.V., with its registered office at (4536 HL) Terneuzen at Oudelandseweg 22 and registered in the trade register under number 73146692.
NOVO Brands Investments: The private company with limited liability NOVO Brands Investments B.V., the legal entity that owns NOVOTIX;
Consumer: the party placing the reservation with NOVOTIX;
Location: the place where the event takes place;
Organiser: the party responsible for organizing the event;
PSP: Payment Service Provider, the payment service that processes payments on behalf of NOVOTIX;
Agreement: the agreement between the Consumer and the organizer or the provider of an arrangement with regard to providing access to an event or an arrangement;
Ticket: the electronic (also called "e-Ticket" or "Ticketdirect") or paper ticket to an event;
Cancellation insurance: Cancellation insurance via NOVOTIX under the name NOVO Secure;
Website: Novotix.nl, Novotix.io, Novotix.online, Ntix.nl
1.2 The present General Terms and Conditions apply to all offers, orders, legal relationships and Agreements whereby NOVOTIX offers and/or supplies products or services of any kind to the Consumer. Even if these services or products are not further described in these General Terms and Conditions. These General Terms and Conditions can only be deviated from in writing. NOVOTIX expressly rejects the applicability of the Consumer's conditions.
1.3 The Consumer makes a reservation with NOVOTIX. NOVOTIX then concludes an Agreement between the Consumer and the Organizer of the Event chosen by the Consumer or the provider of the Package. NOVOTIX is not a party to the final Agreement(s).
1.4 This Agreement (also) is subject to the general terms and conditions of the Organizer, as well as the general terms and conditions of the holders of the Locations or the cooperation partners. Copies of these general terms and conditions can be obtained from the Organizer and/or holder of the Location or the cooperation partners. In the event of a conflict between the general terms and conditions, the NOVOTIX General Terms and Conditions shall prevail.
1.5 NOVOTIX is not liable for the correct execution of the services/products/Arrangements reserved through it. NOVOTIX is of course responsible for the careful execution of the services it provides itself, such as for the correct processing of the reservation.
Article 2: Information, special wishes, discounts and cancellation insurance
2.1 All offers, including advertisements and price lists and all information about an Event and the availability of Tickets for it, as well as about the Arrangements, which are provided by NOVOTIX to the Consumer, are at all times provided without obligation and subject to reservation.
2.2 If the Consumer has special wishes with regard to Tickets, such as (not exclusively) wheelchair spaces and/or supervision of SOHO dogs, the reservation can only be made by telephone. The Consumer must expressly state his wishes when making the reservation by telephone. NOVOTIX cannot guarantee that special requests can be met.
2.3 If the Consumer wishes to invoke a discount promotion, in whatever form, the reservation can only be made by telephone, unless it is expressly stated in the form of the relevant promotion that the discount promotion also concerns internet reservations. At the start of the telephone call, the Consumer must indicate that you want to use a certain discount.
2.4 NOVOTIX offers the possibility to take out cancellation insurance to insure the cancellation risk for the Tickets sold to the Consumer through mediation by NOVOTIX on the basis of the Agreement concluded between the Consumer and the Organiser. The general terms and conditions apply to this insurance contract. These general terms and conditions can be obtained from NOVOTIX free of charge.
Article 3: Conclusion of agreement
3.1 The Consumer must check the reservation before confirming the (online) reservation.
3.2 The Consumer will provide the information required for the conclusion of the Agreement and its implementation. The Consumer must always provide the correct (email) address when making a reservation. If the Consumer fails to comply with this information obligation, any resulting negative (financial) consequences will be borne by the Consumer.
3.3 If NOVOTIX doubts the correctness of the (payment) data provided by the Consumer, NOVOTIX can contact the Consumer. If NOVOTIX cannot reach the Consumer and therefore cannot check the data, NOVOTIX can cancel the reservation and sell the Tickets to another Consumer. If NOVOTIX doubts the correctness of the data or the payment method used by the Consumer, NOVOTIX has the right to cancel the reservation. NOVOTIX will make every effort to inform the Consumer in the aforementioned cases.
3.4 Each Agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products and services.
3.5 The Agreement is concluded the moment NOVOTIX has received the relevant payment, after reservation on the website or by telephone. The right of withdrawal according to Directive 2011/83/EU does not apply. Cancellation is only possible on the basis of a cancellation insurance taken out by Europeesche Verzekeringen and under the conditions thereof. Cancellations must at all times be submitted by the Consumer to Europeesche Verzekeringen.
Article 4: Prices and payments
4.1 The costs of a Ticket are made up of (I) entrance costs and (II) additional costs, such as the discussion costs that are charged per Ticket and the order costs that are charged once per reservation.
4.2 The costs are deposited via the PSP into a secluded third party account number of NOVOTIX, of which payment/transfer of the entrance costs is made weekly after the start of the sale to a bank (account specified by the organiser). The additional costs are transferred to NOVOTIX's company account at the same time. The third party (bank) account number of NOVOTIX to which the costs are paid by the PSP is NL38INGB0006662363 and is partly controlled by an accountant. The (bank) account number used by NOVOTIX as a current company account is NL36INGB0008608510.
4.3 The Consumer pays the price stated in the Agreement for the reserved products or services. Payment is made in the manner indicated on the website, by telephone or by e-mail and within the specified period.
4.4 If the Consumer has not paid the amounts owed on time, statutory interest is owed on the outstanding amount, without the need for a reminder or notice of default. If the Consumer does not pay the claim after a reminder and/or notice of default, NOVOTIX can hand over the claim, in which case the Consumer is also obliged to pay judicial and extrajudicial costs in addition to the amount owed.
4.5 NOVOTIX will cancel the reservation if the Consumer has not made the payment within the specified period.
4.6 NOVOTIX will provide the Tickets to the Consumer as soon as they have been made available by the Organiser. The Consumer must check these for correctness. If the Consumer has not received the Tickets seven days before the Event, the Consumer must contact NOVOTIX.
4.7 The Tickets will only be issued to the Consumer after full payment.
Article 5: Vouchers
5.1 Payment by the Consumer with vouchers is only possible if these are accepted by NOVOTIX.
5.2 NOVOTIX does not accept any liability in the event that sent vouchers are lost or are not delivered on time, unless this is the result of intent/gross negligence on the part of NOVOTIX or its subordinates.
Article 6: Tickets
6.1 The Tickets distributed by NOVOTIX remain the property of the Organiser and are delivered to the Consumer under the conditions that without the prior written consent of the Organizer and/or NOVOTIX it is not permitted I) to resell the Tickets to third parties or to provide them directly or indirectly to third parties in any other way commercially and II) to offer Tickets in commercial communications or to refer to the Tickets in any other way.
6.2 If the situation referred to in paragraph 1 of this article occurs, NOVOTIX and/or the Organizer will invalidate the Tickets. Holders of those Tickets will be denied access to the Event, without any right to compensation.
6.3 NOVOTIX reserves the right, in the event that a maximum number of Tickets can be reserved for Events, to cancel reservations that exceed the maximum.
6.4 Only a complete, legible and intact Ticket gives access to an Event.
6.5 With regard to a Ticket sent electronically, the Consumer must print the Ticket on a white sheet of paper, format DIN A4, by means of software necessary for opening and printing PDF files and a suitable printer. .
6.6 Only the holder of the Ticket who is the first to show it at the start of the Event will be granted access.
Article 7: Canceled or postponed Events
7.1 NOVOTIX is not liable for compensation or refund of entrance fees in the event of a cancellation of an Event by the Organizer, or by the holder of the Location or the Package.
7.2 If and insofar as the Organizer decides to refund entrance fees and the Organizer engages NOVOTIX for this, refund of entrance fees that have demonstrably been paid to NOVOTIX can take place via NOVOTIX. Refunds will then be made via that party when purchasing via a (pre-)sales address authorized by NOVOTIX.
7.3 NOVOTIX will under no circumstances be obliged to reimburse more than the entrance fees. This means, among other things, that costs that the Consumer has paid for the services provided by the Organizer or on behalf of the Organiser by NOVOTIX, such as consultation costs and order costs, or for the Arrangement, will never be reimbursed. In such a case NOVOTIX accepts no liability for any other direct or indirect costs and expenses and/or expenses incurred.
Article 8: Liability
8.1 With the exception of the other liability provisions in these General Terms and Conditions, NOVOTIX's liability due to attributable shortcoming in the performance, or due to tort, is limited to compensation for direct damage up to a maximum of the amount payable to the Consumer under the relevant Agreement. has been or can be charged, unless the damage is the result of intent/gross negligence on the part of NOVOTIX or its subordinates.
8.2 NOVOTIX's liability due to an attributable shortcoming in the fulfillment of an Agreement only arises if NOVOTIX has been given proper notice of default in writing and a reasonable term is given to remedy the shortcoming and NOVOTIX subsequently continues to fail attributably after that term.
8.3 NOVOTIX can never be held liable for damage as a result of death, injury, accident, injury, loss, damage or theft caused to the Consumer during or as a result of a visit to the Event, Location or Package.
8.4 NOVOTIX does not accept any liability for damage to, misuse of or loss of Tickets. In the event of loss, misuse or theft, the Consumer cannot claim a replacement Ticket.
8.5 NOVOTIX accepts no liability in the event of a delay, non-delivery or incorrect delivery of Tickets, if that delay or non-delivery or incorrect delivery cannot be attributed to NOVOTIX.
8.6 NOVOTIX accepts no liability for tickets obtained by the Consumer from third parties.
Article 9: Intellectual Property Rights
9.1 All intellectual property rights with regard to the name, logo, any text and (advertising) music of NOVOTIX, as well as with regard to the company formula used by NOVOTIX in general, are vested in NOVOTIX. The Consumer is not permitted to publish these, directly or indirectly, and/or to reproduce or otherwise use or link to these, without prior written permission.
9.2 All intellectual property rights with regard to the name, logo, any text and (advertising) music of the Event or the Location are vested in the Organizer or the holder of the Location or the Package. The Consumer is not permitted to make these publicly available, directly or indirectly, to make and/or reproduce or otherwise use or to link to, subject to the prior written consent of the right holder concerned.
Article 10: Miscellaneous
10.1 At an Event it is not allowed to take photo, film or other recording equipment, (alcoholic) drinks, drugs, glassware, plastic bottles, cans, fireworks, weapons or any other object considered dangerous to the Location.
10.2 The Organizer and the holder of the Location reserve the right, if necessary, at all times to search or have searched the visitor of the Event when entering the Location. If unauthorized objects are found, they can either be removed on the basis of art. 27 Sr. or confiscated after the Consumer's consent. Those who do not cooperate with the aforementioned search or the seizure of unauthorized objects may be refused access to the Location / Event, without refund of any amount.
10.3 The Organizer and holder of the Location may refuse visitors access to the Event / Location, if and insofar as it appears that the Ticket has not been obtained directly via NOVOTIX or via other (advance) sales addresses authorized by NOVOTIX.
10.4 The Consumer must at all times comply with the applicable rules of conduct drawn up by the Organizer and holder of the Location with regard to the Event for which NOVOTIX supplies the Tickets.
10.5 Consumers who arrive late at the Event will be admitted at appropriate times during the Event. Access is not guaranteed.
10.6 The Organizer and the holder of the Location can make or have video and sound recordings made. The Consumer declares that he is aware of and agrees with the foregoing and already now waives the right to oppose the use of his portrait/likeness in the context of the publication and reproduction of said recordings.
10.7 If any article in the General Terms and Conditions or any part of the Agreement should at any time be invalid or destroyed, the General Terms and Conditions or the Agreement will remain in effect for the rest and the invalid/nullified provision will be replaced by a new legally permissible comparable provision to be determined by NOVOTIX.
10.8 Additions or changes to the Agreement or these General Terms and Conditions can only be made in writing.
10.9 Any complaints from Consumers in response to a service provided by NOVOTIX must be reported in writing to NOVOTIX's Consumer Service, which will ensure that it is handled within a reasonable period of time, which shall not exceed six weeks from the date of the stamp/e-mail.
Article 11: Special Conditions Gift Voucher
11.1 These terms and conditions apply to all gift vouchers issued by NOVOTIX (both electronic and printed gift vouchers, paper gift vouchers and gift cards) (hereinafter collectively: "Gift Vouchers") sold by NOVOTIX and third parties designated by NOVOTIX.
11.2 Each Gift Voucher, which is provided with a unique code, is only issued once. In the event of theft (including the use by unauthorized third parties of the code) or loss (including the (accidental) deletion of e-mails), no compensation will be made. NOVOTIX reserves the right to accept a Gift Voucher (code) only after receipt of the original Gift Voucher (in the case of an electronic Gift Voucher: the e-mail sent to the Consumer by NOVOTIX or a third party designated by NOVOTIX in which the code has been recorded).
11.3 Each Gift Voucher is valid for the period stated on the Gift Voucher or in the communication (e-mail) in which the code is included. After the expiry date, the Gift Voucher can no longer be used.
11.4 Gift vouchers cannot be used for open orders.
11.5 Gift vouchers or their residual value cannot be exchanged for cash.
11.6 The residual value of the Gift Voucher can be used for subsequent orders during the validity of the Gift Voucher.
11.7 It is not permitted to change, falsify, undermine or otherwise affect Gift Vouchers or their operation (including hacking). Every (attempted) unauthorized action is registered and leads to the use of Gift Vouchers being denied.
11.8 It is not permitted to use Gift Vouchers in any way whatsoever for commercial purposes and/or purposes other than those for which they were issued.
Article 12: Applicable law and competent court
12.1 To the Agreement and this General In these terms and conditions, only Dutch law applies, with the exclusion of rules of private international law.
12.2 Disputes arising from the Agreement and/or the General Terms and Conditions will in the first instance be brought before the competent court in Middelburg, The Netherlands.
These General Terms and Conditions are applicable from January 20, 2020 and replace the previous version, which can be requested from NOVOTIX. Please note that these terms and conditions have been translated from Dutch. In the event of any misunderstanding, the Dutch version will remain legally valid.
Article 1 definitions and general