Code of conduct

Preamble

1. 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.
2. 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.
3. 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:
1. Primary ticket sale: sale of (admission) tickets at the face value (original selling
price) by the primary ticket outlet or the organiser.
2. Secondary ticket sale: sale and resale of (admission) tickets by secondary
market parties (i.e. not the primary ticket outlet).
3. 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.
4. (Admission) ticket: an ticket to gain admission to an event.

Article 3 – Basic principles
1. 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.
2. 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.
3. Secondary market parties are to keep accurate accounts of all purchases, sales
and refunds.
4. Secondary market parties shall refrain from conduct of business which may be in
any way harmful to secondary market parties or EUSTA.
5. 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
1. 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.
2. 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.
3. 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.
4. 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.
5. The secondary market party is also to ensure that ‘restricted view’ admission
tickets are known to the buyers as such.
6. 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.
7. 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
1. Prior to the conclusion of the agreement, the secondary market parties are to
communicate clearly what guarantees the buyer is entitled to.
2. 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.
3. Secondary market parties are not allowed to offer tickets for events where the
date of the event is not yet published.
4. 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.
5. 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
1. Secondary market parties are not allowed to sell admission tickets at, or around,
the location of the event.
2. Member secondary market parties are to fully adopt the (general) terms of
delivery.

Article 7 – Marketing and promotion
1. 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.
2. 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.
3. 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
1. If, when an order is completed, and the admission tickets are guaranteed, the
agreement is not observed 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 a ticket appears to have been blocked and entrance to the event has
been denied, the buyer will be entitled to refund the cost of the ticket
2. If the event is cancelled, then every member secondary market party will be
obliged to refund 100% of the price paid by the buyer, unless the buyer
can recover the costs of the ticket by other means (eg. through an insurance policy).
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
1. Secondary market parties should exercise particular caution when using personal
details, as set out in national legislation.
2. 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
1. 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.
2. 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.
3. 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

1. In the event that a complaint cannot be settled by mutual agreement, it may be
treated as a dispute.
2. The buyer is allowed to submit a complaint to an independent intermediary.
3. Settlements by an independent intermediary are binding and must be observed
by the secondary market parties.
4. 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:
1. 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.
2. 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
1. This code of conduct is issued by the board of EUSTA.
2. 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.

Final provisions

Article 14 – Information about the code of conduct
1. For more information on the application of this code of conduct please contact:
– EUSTA: www.eusta.nl or www.eusta.org
– info@eusta.nl

Article 15 – Other provisions

1. The provisions of the Statutes and other regulations of EUSTA also apply to this
code of conduct.
2. This code of conduct was established on October 22nd 2009.
3. This code of conduct shall be evaluated annually.
4. 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.