These terms of use (the “Terms”) are entered into between Magelan Inc. (“Magelan”) and the organiser (the “Organiser”) to govern the use of the Next-Ticket ticketing service (the “Platform”). Registering on or using the Platform constitutes express and unreserved acceptance of the Terms. Ticket purchasers are the “Buyers” and ticket holders the “Participants”; they are bound by the terms of sale.
Article 1 – Purpose
Magelan provides the Organiser with online software to create its events (the “Events”), offer its tickets (the “Tickets”) for sale, collect payments and check admissions. The Organiser sells its Tickets in its own name and on its own behalf; it alone contracts with the Buyers regarding the holding of the Event. Magelan acts solely as a technical intermediary at the sales stage, is not a party to the sale and never holds the proceeds of sales: every payment goes directly to the Organiser (Article 4). Magelan never takes part in the organisation of the Event.
Article 2 – Principle of electronic ticketing
Access to the Platform is protected by a personal and confidential login and password created at registration. The content of the Events (dates, venue, description, prices, available quantities, admission conditions) is published according to the Organiser's settings, for whose accuracy the Organiser is solely responsible. Sales figures are updated in real time. After payment, the Buyer receives its Tickets by email in electronic format, with a unique reference and a QR code. On the day of the Event, Magelan provides checking tools; checks are carried out under the Organiser's sole responsibility.
Article 3 – Registration and account
The Organiser declares that it is of legal age or, for a legal entity (company, association), that it has the necessary authority to represent it. It provides accurate and complete information (name, address, email, telephone, company number where applicable) and keeps it up to date in its area. The email address is verified before any publication. The Organiser is responsible for any action carried out from its account, including by the team members it invites, reports any unauthorised use without delay, and provides Magelan on request with supporting documents about its identity or organisation.
Article 4 – Payments and Mollie account
To sell paid Tickets, the Organiser links to the Platform its own account with Mollie B.V. (“Mollie”), a payment institution licensed in the Netherlands. The Organiser contracts directly with Mollie, completes the identification (KYC) required by Mollie, and remains the sole holder of its account. Each payment by a Buyer is received on the Organiser's Mollie account, net of Magelan's commission (Article 5) and of Mollie's own fees; the payout to the Organiser's bank account is made by Mollie under its own terms. Magelan cannot be held liable for any refusal, blocking or delay attributable to Mollie or to a banking institution. Free Events do not require a Mollie account.
Article 5 – Price and commission
The Organiser freely sets the selling price of its Tickets. In return for its service, Magelan receives, for each paid Ticket sold, a commission made up of a fixed amount and a percentage of the price, excluding VAT, plus VAT at the applicable rate. The scale is displayed on the Platform's home page and in the organiser area. No commission is due on free or unsold Tickets.
Before publishing each paid Event, the Organiser chooses whether the commission is included in the Ticket price and deducted from its proceeds, or added to the price as a service fee paid by the Buyer; in the latter case the total price is displayed from the price list onwards. The commission is calculated and fixed at the time of the order and automatically deducted from each payment through Mollie's application fee mechanism. It remains due to Magelan in all circumstances, including in the event of a refund of the Ticket, a payment dispute or the cancellation of the Event. Magelan may change its scale with 30 days' prior notice by email and in the organiser area, without retroactive effect on orders already placed.
Article 6 – Invoicing and taxation
Magelan invoices its commissions to the Organiser and provides in its area a statement, per Event and per period, of sales and commissions deducted. The Organiser sells its Tickets to the Buyers in its own name: it alone is responsible for its own invoicing and for its tax obligations (VAT on Tickets, entertainment taxes, copyright royalties, other duties). It indicates in its area the VAT rate applicable to its Tickets and remains responsible for that choice. For an Organiser established outside Belgium, VAT on the commission follows European Union rules: reverse charge for a VAT-registered Organiser providing its intra-Community VAT number, VAT of its country of establishment for a non-registered Organiser.
Article 7 – Refunds, disputes and unpaid amounts
In accordance with Article VI.53, 12° of the Belgian Code of Economic Law, Tickets are not subject to the right of withdrawal: every order is firm and final. The Organiser may nevertheless decide to refund a Buyer in full or in part; it does so from its Mollie account (or from its area where the Platform offers that function), subject to technical feasibility and to the availability of its balance. Magelan's commission remains due.
Where a payment is reversed by the bank or card issuer (chargeback, fraud, dispute), the amount is recovered by Mollie from the Organiser's Mollie account, and the Organiser bears the related costs. The Tickets concerned become invalid. Magelan provides on request the information in its possession to document the dispute. The commission on the Ticket concerned remains due to Magelan.
Article 8 – Cancellation, postponement or change of an Event
The Organiser is responsible for any decision to cancel, postpone or substantially change an Event. It informs the Buyers and Magelan without delay. Cancellation of the Event obliges the Organiser to refund the Buyers (Article 7); a substantial change (date, venue, programme) gives the Buyer the option of a refund. Magelan can never be required to refund a Ticket.
Article 9 – Magelan's undertakings
Magelan undertakes: to issue the Tickets in accordance with the Organiser's settings and to send them to the Buyer by email after each paid order (Magelan is not responsible for the unavailability of the recipient's mailbox); to provide the Organiser, for each Event, with the list of Tickets sold and their usage status, with export in a standard format; to keep the digital records of transactions for the statutory period; to provide electronic checking tools that record each use of a Ticket; to account for the commissions deducted; and to ensure the confidentiality of the data in its database (Article 14).
Article 10 – Organiser's obligations
The Organiser undertakes:
- to comply with the tax, social and regulatory obligations applicable to its Events, and to hold all required permits, insurance and rights (copyright and related rights, municipal authorisations, safety);
- not to use the Platform for Events that are unlawful, misleading, fictitious or contrary to public order or morality, nor for activities that break the law, incite hatred or violence, infringe third-party rights, involve prohibited goods or services, or require a prior authorisation it does not hold;
- never to present an Event in a misleading way, to check the accuracy of its settings (dates, capacities, prices) and not to sell more Tickets than the actual capacity;
- to state its full contact details in its area and to report any change without delay;
- to inform the Buyers of any rules specific to the Event (house rules, admission conditions, required documents) through its page, its own terms of sale or the confirmation email;
- to hold each Event on the date, at the venue and under the conditions announced, and to accept at the entrance every valid Ticket bought through the Platform;
- not to use scripts, robots or automated tools not expressly authorised by Magelan, and not to jeopardise the availability of the service;
- to hold Magelan harmless against any claim by third parties or Buyers relating to its Events and to indemnify it for any sums it may be ordered to pay as a result, including legal costs.
Article 11 – Magelan's liability
As host of the content published by Organisers, Magelan is under no obligation to monitor it and does not warrant its accuracy; it removes any reported and manifestly unlawful content within 24 hours. Magelan is not liable for the settings entered by the Organiser, nor for the cancellation, change or postponement of an Event, nor for any incident during the Event.
Magelan ensures the proper functioning and availability of the Platform and schedules maintenance at off-peak hours. An unplanned interruption not attributable to Magelan's fault does not engage its liability; it then works immediately to restore the service. Payment, banking, hosting and email services are provided by independent third parties; Magelan is not liable for their failures, delays or refusals, and undertakes to use reasonable efforts to identify the cause and facilitate resolution.
Magelan is in no case liable for indirect, consequential or intangible damage (loss of turnover, customers, profit or reputation). To the extent permitted by law, its liability towards the Organiser, on any basis whatsoever, is limited to the amount of commissions collected from that Organiser during the twelve months preceding the event giving rise to the claim.
Article 12 – Term, suspension and termination
The contract takes effect upon acceptance of the Terms and runs for an indefinite period. The Organiser may stop using the Platform at any time, once its ongoing Events have ended and its obligations towards the Buyers have been fulfilled. Magelan carries out occasional checks of the accuracy of the information provided and may immediately suspend or terminate the account of an Organiser that breaches its obligations, in particular in the event of: prolonged unreachability, unlawful content, fraudulent Event, breach of the Buyers' rights (refunds, personal data), repeated payment disputes, a request from an authority, or damage to Magelan's reputation caused by the Organiser's breach. Outside any breach, Magelan may discontinue the service or the sale of an Event with 30 days' notice. Suspension withdraws the Events from sale; Tickets already issued remain valid. Suspension or termination gives no right to compensation.
Article 13 – Intellectual property
The Platform, its code, its visual identity, its documentation and the Next-Ticket brand are the exclusive property of Magelan or its suppliers. None of it may be copied, modified, distributed or exploited without Magelan's written consent. Magelan grants the Organiser a free, personal, non-exclusive and non-transferable right of use, limited to the sale of its Tickets. The Organiser remains the owner of the content it publishes (texts, images, logos) and authorises Magelan free of charge to display and reproduce it on the Platform and on the Tickets, for the duration of hosting and solely for the purposes of the service. It warrants that it holds the necessary rights to that content.
Article 14 – Personal data (processing on behalf of the Organiser)
Roles. For the data of Buyers and Participants (surname, first name, email address, order data), the Organiser is the data controller: it determines the purposes and means of processing for the organisation of its Events. Magelan acts as processor and processes those data on behalf of and in accordance with the documented instructions of the Organiser, embodied in the Platform's settings. For the data of the Organiser and its team members, Magelan is the controller (account management, invoicing, security). Both parties comply with Regulation (EU) 2016/679 (GDPR).
Organiser's obligations. It ensures fair and lawful collection, informs the Buyers and obtains their consent where required, honours their rights, sets an appropriate retention period, does not use the list of Buyers for purposes other than the Event without an appropriate legal basis, and informs the Buyers of any additional purpose.
Nature and purposes of processing. Collection at the time of the order, issuing and sending of Tickets, checking their validity at the entrance, sales statistics for the Organiser, evidence of the transaction. Data processed: the Buyer's surname, first name, email address, language and IP address, the Participants' names, order data.
Magelan's undertakings as processor. To process the data only for those purposes; to implement appropriate technical and organisational security measures; to keep each Organiser's data separate from those of the others; not to use the data for its own purposes nor transfer them to third parties; to use only the following sub-processors, which the Organiser approves by accepting the Terms: Mollie (payment), Magelan's hosting provider and email service, all located in the European Union, and to inform the Organiser of any intended change so that it may object; to host the data in the European Union; to assist the Organiser with Buyers' requests to exercise their rights; to notify it by email of any personal data breach within 72 hours of becoming aware of it; and to anonymise the Participants' data once they are no longer needed, at the latest three years after the Event, a period the Organiser may shorten, without prejudice to the statutory retention of accounting data (seven years). On request, Magelan provides a certificate of anonymisation.
Article 15 – General provisions
Customer service. The Organiser contacts Magelan at www.magelan.be/support. Assignment. Neither party may assign its rights and obligations to a third party without the other's written consent. Severability. The invalidity of one provision does not affect the others. Entire agreement. The Terms constitute the entire agreement between the parties and supersede any prior arrangement. References. Magelan may display the Organiser's name and logo on its commercial materials unless the Organiser objects in writing. Evidence. The parties agree that electronic acceptance of the Terms forms the contract and that the connection data, records and emails kept by the Platform have the same evidential value as a written document. Force majeure. Magelan is not liable for the unavailability of the Platform due to a cause beyond its control (Internet network, electricity, telecommunications, failure of a third party).
Article 16 – Changes to the Terms
Magelan may amend the Terms. Organisers are informed by email and in their area at least 30 days before the changes take effect; continued use of the Platform after that period constitutes acceptance. The current version is always available at this address; orders already placed remain governed by the version accepted.
Article 17 – Governing law and disputes
The Terms are governed by Belgian law, whatever the place of the Event. Any dispute about their interpretation or performance that is not settled amicably falls within the exclusive jurisdiction of the courts of the judicial district of Hainaut.
Article 18 – Acceptance and legal notice
The Organiser declares having read and accepted the Terms; the connection data kept by Magelan serve as evidence. Next-Ticket is published by Magelan Inc., Rue Arthur Warocqué 75A, 7100 La Louvière, Belgium — company number BE 1034.551.223 — tel. +32 64 800 600 — sales@magelan.be — www.magelan.be/support. The Platform is hosted on servers located in the European Union. Payment service provider: Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, the Netherlands.