Terms & Conditions

1. Definitions

In these terms and conditions the following terms will be applied in the following meaning, unless explicitly stated otherwise or the context proves otherwise:

1.1 Admission Costs: price of tickets.

1.2 Agreement: the agreement between the End User and yQ.

1.3 Event: a public or private event, such as a performance of artistic, musical, cultural and/or recreational nature organised by the Organiser.

1.4 End User/You: the named natural person that purchases tickets for an Event via the yQ channels.

1.5 Location: the place where the Event is held.

1.6 Order: the total number of Tickets in one purchase, as completed by the End User.

1.7 Organiser: the party that undertakes to organise and bears responsibility for the organisation of the Event.

1.8 Personal Data: any information relating to a named natural person, including but not limited to a name, an e-mail address, and a telephone number.

1.9 Terms & Conditions: these Terms & Conditions of yQ.

1.10 Third Party Ticket Provider: a party that offers tickets, for either its own Events or Events organised by others.

1.11 Ticket(s): the digital or physical license to enter an Event.

1.12 yQ: yQ B.V., the user of these terms and conditions.

1.13 yQ channels: website, (mobile) application or any other means by which yQ allows the purchase of tickets by the End User.

1.14 yQ Customer Service: the department of yQ available for questions and comments from End Users. Contact details can be found on the yQ website (www.why-queue.com).

2. Applicability of the Terms and Conditions

2.1 These terms and conditions – which from time to time shall be adapted by yQ unilaterally - shall apply to all yQ services whereby yQ facilitates the End User purchasing tickets for an Event organised by the Organiser. The yQ Terms and Conditions shall apply to all yQ channels. By accessing and using the yQ channels, you acknowledge and agree to have read, understood and agreed to the yQ terms and conditions.

2.2 In addition to the yQ Terms and Conditions, the terms and conditions of the Organiser of the Event shall apply as between the relevant party and the End User. The Terms & Conditions of the Organiser can be obtained from the relevant party.

2.3 In the event of a conflict between the provisions in the yQ Terms and Conditions and other terms and conditions, the provisions of the yQ Terms and Conditions will prevail.

3. Scope of the yQ service (‘the Agreement’)

3.1 Through the yQ channels, yQ provides a platform through which Events can be advertised, and through which End Users can purchase tickets for such Events. yQ only acts as an intermediary in the formation of an agreement between the End User and the Third Party Ticket Provider and yQ is in no respect party to that agreement.

3.2 Before payment of the Tickets by the End User, yQ shall state the total Order amount to be paid by the End User consisting of the Admission Costs and - in some for yQ unavoidable cases - a Booking Fee or other costs charged by Third Party Ticket Provider or Organiser.

3.3 Upon successful completion of the payment of the Admission Cost and all other costs by the End User and delivery of the Tickets to the End User by yQ, the Third Party Ticket Provider or the Organiser, the Agreement between yQ and End User is concluded.

3.4 In case no authorisation for the End User’s payment is received, yQ will notify the End User that the transaction has failed and, consequently, no Agreement will be and/or has been concluded.

3.5 yQ is entitled to modify or cancel the Order of the End User within 48 hours after completion of payment in the event that yQ is unable to provide the End User with the actual tickets.

3.6 yQ purchases the Tickets with the Third Party Ticket Provider or the Organiser and either delivers the Tickets to the End User or arranges that the Tickets will be delivered to the End User by the Third Party Ticket Provider or the Organiser via e-mail, SMS and/or other messaging.

3.7 Upon delivery of the purchased Tickets by yQ, the Third Party Ticket Provider or the Organiser to the End User, the End User waives his right to dissolve the Agreement within the withdrawal period (“wettelijke bedenktijd”) of 14 calendar days.

3.8 The Ticket allows the End User to access the Event. The Ticket is only valid on the date and time indicated on the Ticket, unless otherwise stated on the Ticket. For some Events the Ticket may be valid on other days than the date indicated on the Ticket but will never be valid on dates later than 14 days after the date indicated on the Ticket. End Users can contact yQ Customer Service to find out whether their purchased Ticket might be valid on other dates than the date indicated on the Ticket.

3.9 Cancellation policy: yQ is not obliged to take back or exchange Tickets once the payment has been concluded nor to provide the End User with a refund. End Users can contact yQ Customer Service to request a cancellation and/or refund. In case yQ Customer Service agrees on a cancellation and/or refund, yQ will charge the End User a cancellation fee of 25% of the total Order amount.

3.10 yQ services are made available for personal and non-commercial use only. The End User is not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or service available on the yQ channels for any commercial or competitive activity or purpose unless explicitly agreed upon.

4. Use of Personal Data

4.1 All Personal Data that the End User provides to yQ, will be used by yQ in the context of providing services in connection with the execution of the Agreement.

4.2 End User will ensure that the Personal Data that it provides is complete, acr any regulation having the force of law). Such requirements may include court orders, subpoenas and orders arising from legal processes and criminal investigations. yQ may also disclose Personal Data if it is strictly necessary for the prevention, detection or prosecution of criminal acts.

4.5 When using the yQ channels, anonymous cookies placed on your computer, or similar technologies, may be used by YQ in order to understand your interests based on your (anonymous) online activities, and thus to tailor more relevant content to you. If you do not wish to receive such tailored content, you can opt out. Visit also www.networkadvertising.org.

5. Intellectual Property Rights

The End User is not permitted to make public any of the intellectual property rights with respect to names, logos, formulas and any wording and music, for advertising purposes or otherwise, that are vested in yQ, either directly or indirectly, and/or reproduce them or to otherwise use them or benefit from them, unless the prior written permission of yQ has been obtained.

6. Disclaimers

6.1 yQ does not warrant that:

a) the information on the yQ channels is correct and complete. When rendering services, the information disclosed is based on the information provided to yQ by Third Party Ticket Providers or Organisers. Although yQ will use reasonable skill and care in performing services yQ will not verify if, and cannot guarantee that, all information is accurate, complete or correct (including the rates and availability of Tickets), nor can yQ be held responsible for any errors, including those due to any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance or otherwise of the yQ channels), inaccurate, misleading or untrue information or non-delivery of information. The yQ channels do not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Event available via the yQ channels.

b) display of prices based on currency conversion is correct. Currency conversion is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

6.2 Obvious errors and mistakes in the pricing (including misprints) are not binding.

7. Liability

7.1 yQ shall not be liable towards the End User except in the event of direct damages caused by the gross negligence or wilful misconduct (grove schuld of bewuste roekeloosheid) of yQ or yQ’ employees (acting in the course of their employment). yQ’s entire and collective liability to the End User arising under or in connection with the Agreement and the yQ Terms and Conditions, whether in contract, tort statute (“onrechtmatige daad”) or otherwise shall, to the extent permissible by law, be limited to the payment of direct damages attributable to yQ and will not exceed the amount of the Admission Costs.

7.2 yQ shall not be liable for any indirect loss or damages, including consequential damages, loss of profit, missed savings, any other form of unrealized benefit and damages by loss of data which have somehow been occurred by and/or result from the use of yQ’s channels.

7.3 More specifically, yQ will in no event be liable for any damages, however arising, in relation to:

a) access to the Event, for the organization of the Event, for the (artistic) quality and content of the Event, or for the state of affairs in and around the Location;

b) the purchase and delivery of tickets by third parties, or for Agreements that, whether or not at the End User’s request, are not entirely fulfilled by yQ and in which a third party - for example, the cash desk at a Location – has been involved either directly or indirectly;

c) damages, including compensation or reimbursement of the Admission Costs, in case of a cancellation of the Event. If and to the extent that the Organiser decides to reimburse the Admission Costs and the Organiser engages yQ to carry this out, the reimbursement of the Admission Costs that were demonstrably paid to yQ will be handled by yQ;

d) the loss of Tickets by the End User for whatever reason;

e) death, injury, accidents, loss, damage or theft during or resulting from a visit to the Event

or the Location; and.

f) any damages resulting from a force majeure event (“overmacht”), in accordance with Article 6:75 of the Dutch Civil Code).

8. Reviews and Photos

8.1 The completed End User review:

a) may be uploaded onto the YQ channels for the purpose of informing (future) customers of your opinion of the Event or Location;

b) (wholly or partly) used and placed by YQ at its sole discretion (e.g. for marketing, promotion or improvement of claims that are made by any third parties (including, but not limited to, the relevant venue) due to YQ publishing and using them. YQ does not own or endorse the photos/images or reviews that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of YQ. YQ disclaims all responsibility and liability for the photos/images posted.

9. Miscellaneous

9.1 In the event that any of the terms of the yQ Terms and Conditions are declared void or otherwise not binding, the remaining terms will remain unimpaired. yQ shall do its utmost to change wording so as to achieve as far as possible the intent and purpose of terms declared void or otherwise not binding.

9.2 The yQ Terms and Conditions contain the entire agreement between the End User and YQ.

9.3 The yQ Terms and Conditions are governed by Dutch law. Any and all disputes shall be submitted to the competent court in Amsterdam, the Netherlands. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration in Amsterdam, the Netherlands. The arbitrator shall be agreed by mutual consent. If the dispute is not settled by arbitration within 10 days of the commencement of the arbitration, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by the competent court in Amsterdam, the Netherlands.

9.4 The yQ Terms and Conditions can be amended at any time by yQ. The amendments will come into force 30 days after they have been published on this website. yQ therefore recommends checking the yQ Terms and Conditions from time to time.

9.5 The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on the yQ website or shall be sent to you upon your written request.

10. Contact

yQ is a private company with limited liability organised under the laws of the Netherlands with its registered office at Overschiestraat 182, 1062 XK Amsterdam, the Netherlands. yQ is registered at the Chamber of Commerce under file number 64684490.