1 Scope of Application
1.1 The sales of individual access rights (hereinafter referred to as “admission tickets”) and subscriptions (hereinafter referred to collectively as “tickets”), concluded between AFD EUPEN AG, with registered office in 4700 EUPEN, Hütte (Quartum Center) 79, registered in the Central Company Database under number 0848.989.926 (hereinafter also referred to by the abbreviation “KAS”), and its customers of KAS Eupen events, are governed by these General Terms and Conditions for the Sale of Admission Tickets and Subscriptions (hereinafter also referred to as “GTC” or “Terms and Conditions”) as well as by the stadium regulations, which may be viewed online at the following address: http://as-eupen.be/stadion/stadionordnung
and, more generally, by the law of 21 December 1998 on safety at football matches. The General Terms and Conditions may also be viewed at any time on KAS Eupen’s website: http://as-eupen.be/stadion/agb.
1.2 All questions relating to the sale of tickets may be directed to the following email addresses: firstname.lastname@example.org
2 Conclusion of the Contract
2.1 The contract shall be legally concluded upon receipt by KAS of an order process completed by the customer and the sending of an order confirmation by email to the email address specified by the customer as part of the order process or the issue of tickets to the customer.
2.2 In the case of online purchases, the contract shall be legally concluded upon receipt of an order process completed by the customer on the “Tickethour” platform and the sending of an order confirmation by email to the email address specified by the customer as part of the order process.
2.3 In accordance with the Royal Decree of 20 July 2005 regulating the terms relating to card management at football matches, the customer must provide identification in order to receive one or more admission tickets or subscriptions.
2.4 By ticking the box “I declare that I have read these General Terms and Conditions for the Sale of Admission Tickets and Subscriptions, the stadium regulations and the provisions of the law of 21 December 1998 on safety at football matches, and accept them.”, the customer acknowledges being bound by the obligations contained within the GTC, the KAS stadium regulations and the aforementioned law. The customer acknowledges that he or she has taken note of the fact that he or she has accepted them and that he or she waives all contestability.
3 Receiving Tickets
3.1 Upon completion of the order process, the purchased ticket will be sent to the customer’s specified postal address, sent in PDF format to the specified email address, made available for collection at the stadium or handed over personally.
When sending the ticket in PDF format via email, the customer has to print the ticket in DIN A4 format, since only this format is recognised and accepted. The customer remains liable for the cost of printing. In case of difficulties with printing, the customer can contact KAS by sending an email to the following address: email@example.com
3.2 The ticket should be clean and legible and protected against moisture and any other damage at all times. The barcode, which must be scanned, should neither be folded nor damaged.
3.3 The purchase of tickets is only possible as long as admission tickets or subscriptions are offered for sale. KAS is free to discontinue the sale of tickets and the sale via certain sales channels at any time.
4 Use of Subscription
4.1 The customer undertakes to use the ticket provided by KAS as follows:
– in accordance with the law, in particular the law of 21 December 1998 on safety at football matches, as amended by the laws of 10 March 2003, 27 December 2004 and 25 April 2007, and in accordance with its executive decrees:
– in accordance with the stadium regulations;
– to the best of his or her knowledge.
4.2 Each admission ticket may be used only once for the purpose of accessing the match specified on it.
4.3 Each subscription entitles the holder to access all KAS (Pro League) professional football team championship home games in a season (period from 01/07 of one year to 30/06 of the following year).
The subscription entitles the holder, in addition to access to all KAS (Pro League) professional football team championship home games in a season (period from 01/07 of one year to 30/06 of the following year), to attendance at play-off home games if the customer has also acquired this opportunity and if KAS has qualified for the play-offs. In the event that the customer has also exercised the option to purchase access to the play-off games, there is no right to restitution of the price, not even pro rata, if and to the extent that KAS fails to qualify for this competition, regardless of the reason.
In particular, the subscription does not confer any right to visit other national or international home games at KAS, such as the Belgian Cup, the UEFA Europa League or the UEFA Champions League. Friendly games are also excluded.
4.4 All tickets also entitle use of the seat/space printed on the respective ticket. The seat/space to which the subscription is entitled can be changed at any time, for example for security reasons. In this case, the ticket remains fully valid and there is no right to exchange or refund.
4.5 In the business area, the subscription customer receives further additional services. According to his/her booking. KAS assumes no liability for the quality of food or drinks.
4.6 The date and time of the match may be changed without such modification giving the customer a right to exchange or refund.
4.7 If the barcode cannot be read (red scanner), the customer must go to the signposted KAS service point. In the event that the barcode still cannot be read, KAS reserves the right to refuse access to the stadium.
4.8 As long as the purchase price has not been fully paid into the account of KAS, KAS is entitled to suspend the execution of the contract and refuse access to the stadium to the holder of the ticket concerned.
4.9 If a parking space has been assigned to the subscription customer, this is a free additional service. KAS does not guarantee that the parking space will be available for the event. If a parking space is not available, the customer has no claims for damages. The customer undertakes to comply with the road traffic laws in the parking areas. Driving is to be done at walking pace. KAS assumes no liability for accidents.
5 Cancellations – Change
5.1 Unless otherwise authorised by KAS, a purchase by the customer cannot be changed or cancelled.
5.2 KAS reserves the right to cancel a purchase in whole or in part if it violates the stadium regulations of KAS or the applicable legislation. The refund of the price of the ticket is in this case at the discretion of KAS.
However, if the cancellation of the purchase is justified by unlawful conduct or behavior which does not correspond to that of a prudent and careful customer, in particular if the customer has bought a ticket even though a stadium ban was imposed on him or her or if such a stadium ban has been imposed after the purchase, there will be no refund.
Any cancellation, which may be the reason for this, shall automatically lead to a refusal of access to the stadium.
5.3 When purchasing a ticket online, the customer shall, pursuant to Article VI.53.12 of the (Belgian) Economic Law, be excluded from any right of withdrawal in the case of distance selling in connection with leisure activities and have absolutely no right of withdrawal from the purchase of his or her ticket,
6 Relocation – Rematch – Abandoned Match
6.1 In the case of a relocation of the match by URBSFA, the ticket shall remain valid for the relocated match, so that no refund shall be made.
6.2 However, if an abandoned match has to be repeated, the admission ticket purchased for the original game is not valid even if it has not been used. Subscriptions shall remain valid.
6.3 In the case of an abandoned match, the customer has no right to a refund, even partial, of the ticket price.
7 Price and Payment
7.1 The price of the purchased subscription is taken from the price list valid at the time of the order. This is included on the order form and can be viewed at any time on KAS Eupen’s website (www.as-eupen.be). The price of the tickets purchased online is the price displayed on the “Tickethour” platform on the day of purchase.
7.2 The price may be paid in cash, by bank card or by direct debit. In case of participation in the direct debit process, the customer undertakes to complete the direct debit instruction and sign it. Costs for the non-payment or rebooking of the direct debit shall be charged to the customer, unless he or she is not responsible for this.
7.3 In the case of an online purchase, KAS shall not intervene in any way within the scope of the payment transactions which are exclusively under the control of the KAS partner. The KAS therefore accepts no liability in the event of an unavailability or a malfunction of the online payment service of its partner.
8 Special Obligations of the Customer
8.1 The customer undertakes to inform KAS, during any purchase of a ticket, whether an administrative or statutory prohibition of access to a sporting event of any kind has been imposed on him on her.
8.2 The sale of the subscriptions is also subject to the following terms and conditions, which the customer has read and whose acceptance he or she declares in accordance with Article 2.4 of these GTC:
– The ticket offered for sale may not under any circumstances be purchased by or for a person who is subject to civil, administrative or judicial law or upon whom a stadium ban has been pronounced as part of a security measure, or transferred to such a person.
– KAS may limit the number of tickets a customer can purchase or the total sold at any time. The customer is only allowed to resell the purchased ticket under strict observance of the law of 30 July 2013 on the resale of admission tickets for events.
Customers are also reminded that, pursuant to Article 38 of the law of 21 December 1998on safety at football matches, the following applies:
– The end user of discounted tickets (children up to 6, youths up to 15, school pupils, apprentices, students, senior citizens over 65, wheelchair users) must have reached the age of the age category noted thereon, or have the corresponding legal status, and must carry an identity document before and during the match that verifies his or her legal status. KAS reserves the right to carry out inspections in this regard.
If the end user of the ticket is unable to provide an identity document that proves without any doubt that the use of the discounted ticket is authorised, KAS shall be entitled to refuse any access to the stadium.
Unless otherwise agreed by KAS, in accordance with the segregation of rival spectators provided for in the law of 21 December 1988 on safety at football matches, the zones for which the tickets are sold are reserved to customers who are not fans of the opponent. It is therefore prohibited for customers to pass on tickets to opposing fans under penalty of the definitive stadium ban.
– The customer may not use an invalid or fake ticket. The ticket may neither be modified nor copied. Tickets are provided with a unique barcode.
– The subscription customer shall inform KAS immediately about the loss of a subscription. Any violation of the above provisions will result in denied access to the stadium, without compensation or refund of the ticket price.
9.1 KAS disclaims any liability for any accident whatsoever, regardless of whether such accidents occur during or on the occasion of the match for which the current tickets have been granted. The buyer, the transferor and the owner of the ticket are jointly and severally liable for the damage they cause in the stadium and near the stadium. By accepting the ticket, they explicitly waive any liability claim against KAS.
9.2 In any case, the liability of KAS is limited to the customer’s ticket price, regardless of the reason.
10 General Provisions
10.1 Availability and Update of the General Terms and Conditions KAS reserves the right to amend these General Terms and Conditions unilaterally, in particular to take account of possible innovations in legislation or its own needs. In this case, the new conditions shall apply to all purchases made by the customer after the new conditions have been imposed.
10.2 Absence of Waiver The fact that KAS or the customer does not assert a right or a possible fault against any of the obligations of the other party cannot be interpreted as a waiver of the related right or obligation.
10.3 Partial Invalidity If one of the clauses of the General Terms and Conditions is declared null and void in application of a law, a regulation or a definitive decision of a competent jurisdiction, it shall be considered as not agreed. However, the other clauses shall retain their full liability and scope. KAS and the customer may, if necessary, mutually agree to replace the invalid provision with an additional agreement.
10.4 Judgements In the case of interpretational difficulties between any of the judgements and any of the clauses of the GTC, these latter clauses shall prevail over the judgements.
10.5 Capability – Authority KAS and the customer guarantee that they are fully capable of concluding the contract and that they are bound by all its provisions.
10.6 Applicable Law – Court of Jurisdiction. The General Terms and Conditions and the Purchase Agreements concluded within this context are subject to Belgian law. All disputes relating to the condition, execution or interpretation of the contracts concluded under these terms and conditions, as well as all disputes regarding the liability of the KAS for whatever reason, shall be subject to the exclusive jurisdiction of the courts of Eupen.