Terms and Conditions Best of Tickets – B2B Platform

1. Definitions

• Platform: the closed online B2B platform "Best of Tickets" through which Business Clients can book tickets for museums, attractions, boat tours, and other activities in Europe.
• Best of Tickets: the operator of the Platform, being the legal entity that provides the services through the Platform.
• User (also referred to as Business Client): any business entity (e.g., a tour operator or DMC) that registers an account and uses the Platform to book tickets and services for its own commercial purposes. The User is not a consumer.
• Provider: the third party offering tickets, services, or activities through the Platform (e.g., a museum, theme park, boat tour operator, or other supplier).
• Tickets/Services: all admission tickets, boat tours, guided tours, activities, or similar services that can be booked through the Platform. These are provided by a Provider.
• Booking: an order/reservation for one or more Tickets/Services placed by a User through the Platform. A Booking results in an agreement between the User and the relevant Provider under the Provider's terms and conditions.
• Service(s): Best of Tickets' services to the User, consisting of making the Platform available and maintained, and facilitating the booking process between User and Providers.
• Account: the user account on the Platform through which the User gains access to the restricted environment after registration and through which Bookings can be made.
• GDPR: the General Data Protection Regulation (EU Regulation 2016/679) and applicable national implementing data protection legislation.
• Force Majeure: any circumstance beyond the reasonable control of a party – such as natural disasters, war, terrorism, pandemics, power or internet outages, strikes, government measures, or other unforeseen circumstances – that temporarily or permanently prevents the fulfilment of obligations.

2. Applicability of Terms

These Terms and Conditions apply to all quotes, services, and agreements in which Best of Tickets acts as an intermediary for Business Clients in the context of its B2B services. By using the Platform (including registering an Account or placing a Booking), the User agrees to be bound by these Terms and Conditions. Any purchase or general terms and conditions of the User are expressly rejected and do not apply.

These terms are specifically intended for B2B use; the Platform is exclusively intended for use by businesses and not by consumers. Therefore, provisions of consumer law (such as statutory cooling-off periods/right of withdrawal) do not apply to the relationship between Best of Tickets and the User.

Deviations from or additions to these Terms and Conditions are only binding if agreed in writing between Best of Tickets and the User. If any provision of these terms is declared null and void or non-binding, the remainder of these terms shall remain in full force; the parties shall then in good faith agree on a new provision to replace it that approximates the intention of the original provision as closely as possible.

3. Access to the Platform and Registration Procedure

Use of the Platform requires registration as a User. The registration procedure involves providing current, complete, and accurate business details, including (but not limited to) company name, address, valid chamber of commerce and VAT number (if applicable), name of the contact person, and a working email address. The person completing the registration confirms that he/she is authorised to represent the relevant company and bind it to these Terms and Conditions. Best of Tickets reserves the right to request additional information or documentation to verify the details provided.

After registration, Best of Tickets will assess the application. Best of Tickets is entitled, at its own discretion, to refuse a registration or deny certain Users access to the Platform, for example if the conditions are not met (e.g., not a business entity, incomplete information, prior breach of terms, etc.). Access to the Platform is only permitted after formal approval and activation of the Account by Best of Tickets. Each User may generally register a maximum of one Account, unless Best of Tickets expressly permits otherwise in writing.

The User must create a confidential password upon registration. This password and Account credentials are personal to the User (or their designated internal users) and may not be shared with third parties. The User is responsible for the careful management of login credentials and for all activities that take place through the Account. Each authorised employee of the User who uses the Platform falls under the User's responsibility and must comply with these terms. In the event of loss, theft, or unauthorised use of login credentials, the User must immediately notify Best of Tickets so that appropriate measures can be taken (such as blocking the Account). Best of Tickets is not liable for consequences of unauthorised use of an Account resulting from the User's negligence in securing their credentials.

4. Use of the Platform

The User may only use the Platform for legitimate business bookings of Tickets/Services for their own clients or travellers. Use of the Platform for unlawful purposes or in violation of these terms is prohibited. The User must comply with all applicable laws and regulations when using the Platform.

Misuse of the Platform includes (but is not limited to):

• Circumventing the Platform by making direct arrangements outside the Platform with Providers that the User discovered through the Platform, with the aim of avoiding payment of commissions or fees.
• Providing false, misleading, or incomplete information (for example during registration or when making a Booking).
• Placing fictitious or unauthorised Bookings (e.g., to test availability or without the intention to purchase).
• Unauthorised copying, scraping, downloading, reproducing, or publishing (parts of) the software, database, texts, images, or other content of the Platform, except to the extent necessary for processing a specific Booking for own clients.
• Disrupting the integrity, security, or operation of the Platform, for example by introducing malware, viruses, performing brute-force attacks, hacking, or excessively requesting data via automated systems (such as bots or scripts) without authorisation.
• Using the Platform in a way that may damage the reputation of Best of Tickets, the Platform, or the Providers, or that otherwise impedes the normal operation of the Platform for other users.

Best of Tickets reserves the right to take (technical) measures at all times to protect the Platform and prevent misuse. The User will follow reasonable instructions from Best of Tickets regarding the use of the Platform.

The User acknowledges that the Platform may periodically be unavailable due to maintenance, updates, or outages. Best of Tickets endeavours to keep the Platform available as continuously as possible and to resolve any outages promptly, but cannot guarantee that the Platform will function at all times without interruption or errors. The liability limitation of Article 9 applies to the consequences of any (temporary) unavailability or outages of the Platform.

5. Booking Process and Contract Formation with Providers

Through the Platform, the User can select Tickets/Services and place a Booking. A Booking is made by requesting the selected Tickets/Services in the Platform's digital reservation system and completing the required information (such as date, number of persons, any visitor names, and other required details). The User is responsible for the accuracy of all booking details entered.

After placing a booking request, Best of Tickets will pass the request to the relevant Provider. A Booking is final (legally binding) when the Provider confirms the booking request and Best of Tickets has sent this confirmation to the User (for example via the Platform and/or by email). From that point, a direct agreement is established between the User and the Provider for the provision of the booked Tickets/Services under the Provider's (cancellation) conditions. Best of Tickets is not a contracting party to that agreement; Best of Tickets acts solely as an intermediary facilitating the Booking and managing communication between User and Provider.

After confirmation of the Booking, Best of Tickets will make a booking confirmation and/or voucher/ticket available to the User, which can be used to provide to their own client. The User must check the booking confirmation for accuracy and report any inaccuracies to Best of Tickets immediately.

The execution of the booked Tickets/Services is the responsibility of the Provider. The User must comply with the rules, conditions, and instructions set by the Provider. Best of Tickets is not responsible for the quality, safety, execution, or any aspect of the service provided by the Provider.

6. Prices, Commissions, and Invoicing

All prices for Tickets/Services listed on the Platform are generally inclusive of VAT and other taxes or levies, unless expressly stated otherwise. Any applicable taxes, surcharges, or other costs will be clearly stated during the booking process and on the invoice.

Commissions: In the context of its services, Best of Tickets typically receives a commission or margin from the Provider on Tickets/Services sold via the Platform. Unless expressly agreed otherwise, Best of Tickets does not charge the User separate booking fees or platform fees for use of the Platform.

Invoicing: Best of Tickets handles the invoicing of Tickets/Services booked through the Platform. After each Booking, the User will receive an invoice. Any objection to (parts of) an invoice must be communicated to Best of Tickets in writing, with reasons, within a reasonable period, no later than 5 working days after receipt of the invoice.

7. Payment Terms and Payment Methods

1. When purchasing tickets through the Best of Tickets portal, the User authorises automatic debiting via the selected payment method, such as credit card.
2. For each offered product or event, the cancellation period is clearly stated. Within this period, the User can cancel the purchase free of charge.
3. Best of Tickets automatically collects the amount owed 24 hours before the stated cancellation period expires. The User will receive advance notification by email.
4. Should automatic payment fail or be declined, Best of Tickets reserves the right to cancel the purchase.
5. The User is responsible for keeping the payment details in the Best of Tickets portal up to date and accurate.

8. Cancellation and Modification of Bookings

Cancellation conditions per Provider: Each Provider applies its own cancellation and modification conditions. Best of Tickets will make the relevant Provider's conditions available during the booking process. It is the User's responsibility to review the applicable cancellation and modification conditions before making the Booking.

Cancellation by the User:

• If free cancellation within a certain period is permitted, Best of Tickets will handle the administrative processing.
• If cancellation is only possible at a cost, Best of Tickets will inform the User in advance.
• If cancellation is not possible (non-refundable), the User remains liable for the full price.

Cancellation by the Provider or force majeure: In exceptional cases, a Provider may cancel themselves. Best of Tickets will inform the User as soon as possible and, where possible, seek an alternative.

9. Liability and Force Majeure

Limitation of Best of Tickets' liability: Best of Tickets carries out its Services with care but provides no guarantees regarding the availability of specific Tickets/Services or the error-free operation of the Platform. Any liability of Best of Tickets for direct or indirect damage is excluded to the extent permitted by law.

• The actual execution and quality of the Tickets/Services provided by the Provider.
• Inaccuracies or incompleteness of information from Providers on the Platform.
• Damage due to unavailability of the Platform, outages, or unauthorised access, unless this is due to intent or deliberate recklessness on the part of Best of Tickets.

If Best of Tickets is liable, this is limited to direct damage and to a maximum of the commission received on the relevant Booking. Indirect damage such as consequential loss, loss of profit, or reputational damage is excluded.

Force Majeure: Best of Tickets is not obliged to fulfil its obligations in the event of force majeure. Force majeure includes, among other things, internet outages, power failures, war, pandemics, government measures, supplier failures, or cyber attacks.

10. Use of Customer Data and Data Protection (GDPR)

Personal data is processed when using the Platform. Best of Tickets and the User will each comply with the obligations under the GDPR and other applicable privacy legislation.

Responsibilities: In the relationship between the parties, Best of Tickets is in principle the data controller for personal data that the User provides to Best of Tickets upon registration or use of the Platform. For personal data of end clients of the User that are entered via the Platform to realise a Booking, Best of Tickets acts as a processor on behalf of the User.

Personal data is used solely for legitimate purposes: the execution of the Services, client management, and communication about updates or offers. Data is not sold or unlawfully shared.

User obligations: The User warrants that it is authorised to provide personal data to Best of Tickets via the Platform. The User indemnifies Best of Tickets against claims from data subjects arising from the User's actions or omissions.

11. Intellectual Property

All intellectual property rights in the Platform and the content made available on it vest in Best of Tickets or its licensors/Providers. The User is only permitted to use the Platform and its content to the extent necessary for the legitimate use of Best of Tickets' Services.

Best of Tickets grants the User a limited, personal, non-exclusive, non-transferable, and revocable licence to access the Platform and use the offered functionalities.

The name "Best of Tickets" and all associated logos and house style are trade names and trademarks owned by Best of Tickets. Nothing in these terms purports to transfer any intellectual property right to the User.

12. Misuse of the Platform and Suspension or Termination of Accounts

Best of Tickets is entitled to take appropriate measures in the event of suspected misuse of the Platform, breach of these Terms and Conditions, or other unlawful conduct by the User. These measures may include temporary suspension, use restrictions, or permanent termination of the Account.

Examples of misuse include:

• Material breach of the Terms and Conditions (e.g., Article 4).
• Knowingly providing false or misleading information.
• Fraud, misappropriation of tickets, or other criminal offences.
• Causing damage to the reputation of Best of Tickets or Providers.
• Circumventing technical security measures or usage restrictions of the Platform.

The User may also voluntarily terminate their account by submitting a written request. Best of Tickets will process this termination within a reasonable period and confirm it in writing.

13. Complaints Procedure

Best of Tickets strives for high quality in its Platform and services. Should the User nevertheless have complaints about Best of Tickets' Services, a complaint can be submitted. This must be submitted as soon as possible after the issue arises, with a complete and clear description.

Complaints should preferably be submitted in writing by email to the designated contact address. Best of Tickets will acknowledge receipt within 5 working days and will respond substantively within 14 days.

14. Changes to the Terms

Best of Tickets has the right to unilaterally amend or supplement these Terms and Conditions from time to time. In accordance with the EU Platform-to-Business (P2B) Regulation (EU) 2019/1150, Best of Tickets will send a notice at least 15 days before the effective date for changes that are disadvantageous to the User.

If the User does not agree with the changes, they may terminate the agreement (the Account) within the stated period. If the User does not object within the period and continues to use the Platform after the change date, this constitutes tacit acceptance of the new terms.

15. Governing Law and Jurisdiction

Dutch law exclusively governs all agreements between Best of Tickets and the User, including these Terms and Conditions and any disputes arising from or related to them. The applicability of the Vienna Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Disputes arising in connection with the cooperation between Best of Tickets and the User will, in the absence of an amicable resolution, be submitted exclusively to the competent court in the district of Amsterdam, unless mandatory law prescribes a different court.

These Terms and Conditions were originally drafted in Dutch. Any translations are provided as a service only; in the event of any discrepancy in interpretation, the Dutch version shall prevail.