StubHub.co.uk User Agreement
If you take part in our Top Seller programme, the terms of the Top Seller Handbook apply to you in addition to this Agreement.
You understand and agree that,
If you reside within the European Union you are entering into a contract with StubHub Europe S.à.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg;
If you reside within the United States you are entering into a contract with StubHub, Inc., 199 Fremont Street, Floor 4, San Francisco, CA 94105, USA;
If you reside elsewhere, you are entering into a contract with eBay International AG, Helvetiastraße 15-17, 3005 Bern, Switzerland.
As used in this Agreement, each reference to "StubHub", "we" or "us" refers respectively to StubHub Europe S.à.r.l., StubHub, Inc. or eBay International AG.
If you use our Site and Services to list and sell tickets ("Seller"), you understand and agree that in addition to contracting with one of the legal entities listed above at (a) - (c), you are also contracting with StubHub Services S.à.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg ("StubHub Services") as set out in the Supplementary Terms & Conditions for the use of the Stubhub.co.uk website for Sellers.
This Agreement is effective on 20 March 2014 for all current users and upon acceptance for new users. We may periodically make changes to this Agreement and shall notify you by posting a revised version of the Agreement on our Site and emailing you at your registered email address. The revised Agreement will become effective thirty (30) days following such notice and your continued use of our Site and Services will constitute acceptance of the revised Agreement.
1. Using StubHub
StubHub is a ticket marketplace that allows users to buy ("Buyer") and sell tickets and related passes (collectively, the "tickets") for live events. As a marketplace, StubHub does not own the tickets on the Site nor does it set prices for tickets. Because Sellers set ticket prices, they may vary from the face value of the ticket.
In order to promote ticket listings and increase their exposure to potential Buyers, ticket listings may be displayed on other StubHub, eBay or third-party websites and within email or onsite advertisements. To assist users who speak different languages, automated tools may translate listings and other content, in whole or in part, into other languages.
In order to list, sell or purchase tickets you must be at least 18 years old and must be able to enter into legally binding contracts. If you are registering with StubHub for a business entity, you represent that you have the authority to legally bind that entity.
When opening an account you must provide complete and accurate information and provide us with a valid credit card or PayPal account ("Payment Method"). If your contact or payment information changes at any time, you must update your details in My Account as soon as possible after they change.
You are solely responsible for maintaining the confidentiality of your account information and password. Your account is not transferable to another party without our prior written consent.
Fees and other charges
StubHub may charge services fees for selling and/or buying tickets on the Site, as well as delivery or fulfilment fees (collectively referred to as the "Service Fees"). Service Fees including any taxes if applicable will be included in your total purchase price, disclosed to you prior to purchase or listing. Unless otherwise stated, all fees are quoted in pounds sterling. You agree that StubHub may issue you with invoices in electronic format by email.
Other Fees and Charges
If a Seller does not fulfil his contractual obligations towards a Buyer by not delivering tickets within the required delivery timeframe, by not delivering tickets at all or by delivering incorrect, misrepresented or invalid tickets, StubHub reserves the right to charge the Seller additional fees and charges to cover StubHub's costs for resolving the issue, including finding replacement tickets or issuing a refund to the Buyer.
StubHub may charge a replacement fee which consists of the price of a comparable or better replacement ticket. The replacement fee can be higher than the Seller's original listing price.
StubHub may also charge the Seller for any additional delivery costs which arise out of resolving issues caused by orders that were not correctly fulfilled.
If replacement tickets cannot be found or cannot be made available in time for the event or if the Buyer is entitled to a full or partial refund according to the terms of the FanProtectTM Guarantee, because the Seller delivered incorrect, misrepresented or invalid tickets, StubHub may charge the Seller for the refund.
In addition to the fees and charges above StubHub may charge an administrative fee of £15.00 GBP for the costs incurred by StubHub when resolving issues caused by orders that were not correctly fulfilled.
When assessing whether to charge the Seller for additional fees and charges, StubHub will take the legitimate interests of the Seller into account, and shall in particular consider if the Seller is responsible for the non-fulfilment.
When you list a ticket through our Site and Services you must comply with all applicable laws and regulations and are required to provide full and accurate information about the ticket, including, but not limited to, the name of the event, the date, the section, seat, row, the face value of the ticket and any restrictions that apply to your ticket (such as obstructed view). You must also set a price for which you are willing to sell your ticket for. More information on listing tickets can be found in our Seller Policies.
StubHub does not guarantee that your tickets will sell or that your listings will appear within a certain time after posting or in a particular order on the event page or through search results.
Delivery of tickets
When you list a ticket you must state whether it is a paper or electronic ticket and select an available delivery method (availability depends on ticket type, venue type and time left until the event). You must also specify if you already have the ticket in your possession ("in-hand ticket") or not ("non in-hand ticket"). We will use this information to tell the Buyer when he can expect to receive the ticket after he has purchased it.
For in-hand tickets once a ticket has sold, you are required to send the ticket to the Buyer via the selected delivery method within five (5) working days or if the event is less than two (2) weeks away within 24 hours after you have received an order confirmation email from StubHub.
For non in-hand tickets you are required to send a sold ticket to the Buyer as soon as you have received it from the promoter or organiser, at the latest one (1) week before the event.
Commitment to supply
By listing a ticket for sale you are making a binding offer to sell that ticket to a Buyer who purchases the ticket for the price you have specified. When a Buyer accepts your offer by purchasing your ticket through our Site or Services, you are contractually bound to supply that exact ticket for the specified price and within the required delivery timeframe.
If, for any reason, a ticket you have sold is no longer available or you are unable to deliver a ticket to a Buyer within the required delivery timeframe, you are required to contact Customer Service immediately by following the "Report an issue" link in the order confirmation email or by clicking the 'Report an issue' link on the "Open sales" tab in My Account.
If the ticket is no longer available and you do not have a replacement ticket (that StubHub determines in its sole discretion is comparable or better than the one originally listed) that the buyer accepts, or you are unable to deliver the ticket at the latest one (1) week before the event, we reserve the right to cancel the sale and not pay you for the sale or if you were already paid, to recover the payment by charging your Payment Method or by setting off this amount against pending payments (for other tickets you've sold or will sell in the future). In addition you may be subject to being charged a replacement fee, additional delivery costs and an administrative fee for sourcing a replacement ticket or providing a refund to the Buyer.
You as a Seller are responsible for determining whether any taxes are due on your sale of the ticket, and for collecting such taxes, which must be included in the price you list your ticket.
When placing an order, you are entering into a binding contract with the Seller to purchase those tickets. Please make sure you review the full ticket details and any restrictions that may apply before you purchase your ticket. Once you have purchased a ticket you cannot change or cancel your order and you are obliged to pay the full order amount.
After placing an order, StubHub obtains an authorisation from the Buyer's Payment Method for the price of the ticket(s), applicable Service Fees and any taxes (if applicable). The charge will be applied, in most cases, within 48 hours of placing the order.
Payments to Sellers are subject to the Supplementary Terms and Conditions for the use of the StubHub.co.uk website for Sellers.
Event Cancellations, Postponement and other Event Changes
Cancellation: If an event is cancelled and not rescheduled, we will remove the event and listings related to the event from the Site and email both Buyer and Seller about the cancellation with further instructions. If the Seller requires his tickets back to obtain a refund of the original purchase price from the promoter or organiser, he must contact Customer Service immediately after the cancellation. The Buyer is required to retain the tickets and upon request from StubHub to send them back to either the Seller or to StubHub as instructed. The Buyer will receive a full refund once he has sent back the tickets (if applicable) and the Seller will not be paid. If the Seller has already been paid, we reserve the right to recover the payment by charging the Seller's Payment Method or by setting off this amount against pending payments (for other tickets the seller has sold or will sell in the future).
Postponement: If an event is postponed, StubHub will work with Buyers and Sellers on a case-by-case basis attempting to resolve any ticket issues. Sellers of postponed tickets are prohibited from reselling, invalidating or changing tickets for postponed events. Refunds will not be issued for postponed events (unless they are ultimately cancelled as stated above).
Other event changes: StubHub is not responsible for partial performances, or venue, date or time changes. No refunds will be issued in these instances.
Site changes and availability
StubHub reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services or any part of the Site or Services with or without notice for any reason. StubHub performs regularly-scheduled maintenance. While we do our best to avoid customer impact, the Site or our Services may be temporarily unavailable during maintenance periods.
2. Abusing StubHub
When using the Site or the Services, you agree that you will not do any of the following:
- Contact or invite contact with other StubHub users or solicit sales outside of StubHub;
- Use the Buyer's personal data for any other reason other than the delivery of tickets
- Behave in an abusive manner to any StubHub employee or other user;
- Violate any venue or event promoter rules at events;
- Use the Site or the Services for unlawful purposes or in an unlawful manner;
- Breach or circumvent any laws, third party rights or our policies;
- Post false, inaccurate, misleading, defamatory or libellous content;
- Fail to fulfil your contractual obligations regarding the sale or purchase of a ticket;
- Use StubHub's trademarks without our written permission;
- Copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from our Site or Services without the prior express written permission of StubHub and the appropriate third party, as applicable;
- Use any robot, spider, scraper or other automated means to access our Site for any purpose without our express written permission;
- Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Interfere or attempt to interfere with the proper working of our Site or Services or any activities conducted on or with our Site or Services; or
- Bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Site or Services.
When providing us with content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database or other rights you have in or to the content in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees. We may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties (including StubHub users). You may use catalogue content solely in connection with your StubHub listings during the time your listings are on our Site.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. You are responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this Agreement and all StubHub policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).
4. Protecting Intellectual Property Rights
StubHub respects intellectual property rights. If you find material on the Site which is defamatory of you or infringes your copyright or other intellectual property rights, please notify us immediately by contacting Customer Service. Please ensure that your notification contains your name and contact details and also sufficient details to enable us to investigate your complaint.
5. Violating the Agreement
Without limiting other remedies, we may limit, or temporarily or permanently suspend, or terminate our Services and user accounts, restrict or prohibit access to, and your activities on, our Site and Services, remove listings, cancel sales, withhold payments, delay or remove hosted content, remove any special status associated with an account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Site and Services if:
- we cannot verify or authenticate information you have provided;
- we have good reason to believe that you are creating problems or possible legal liabilities;
- we have good reason to believe that you are violating this Agreement, our policies, the law or are infringing the rights of third parties;
- we think that such restrictions will improve the security of the Site or reduce our or another user's exposure to financial liabilities; or
- you fail to make full payment of any fees due for our Services by your payment due date.
When assessing whether and which measure(s) to take against a user, we will take the legitimate interests of the user into account, and shall in particular consider if the user is responsible for the misconduct.
We reserve the right to report any activity that we believe to be illegal and we will respond to all inquiries initiated by governmental agencies or as otherwise legally compelled.
6. Limitation of Liability
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our Site and Services;
- pricing, postage or other guidance provided by StubHub;
- delays or disruptions in our Site and Services;
- viruses or other malicious software obtained by accessing, or linking to, our Site and Services;
- glitches, bugs, errors or inaccuracies of any kind in our Site and Services;
- damage to your hardware device from the use of any of our Service;
- the content, actions or inactions of third parties, including items listed using our Site and Services;
- a suspension or other action taken with respect to your account or breach of the Abusing StubHub section;
- the duration or manner in which your listings appear in search results; or
- your need to modify practices, content or behaviour or your loss of or inability to do business, as a result of changes to this Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy of the information provided by our users, user verification on the Internet is difficult. StubHub cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the FanProtectTM Guarantee up to the price the ticket sold for on StubHub, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £200.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
7. Legal Disputes
If a dispute arises between you and StubHub, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Service. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and StubHub both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify and hold StubHub and (if applicable) StubHub's parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the 'StubHub Indemnitees') harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by StubHub and (if applicable) any StubHub Indemnitee resulting from or arising out of your breach of this Agreement, your improper use of StubHub's Site or Services, and/or your violation of any law or the rights of a third party.
10. General Provisions
This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement.
Except as otherwise stated, the Agreement shall be governed by the laws of England and Wales.
If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected.
StubHub may assign or transfer its rights and obligations under this Agreement at any time, provided that we assign the Agreement on the same terms or terms that are no less advantageous to you. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of StubHub, which we can refuse in our sole discretion.
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement, your use of the Site, or the provision of our Services. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their permitted successors and assigns.
The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph. The following sections survive any termination of this Agreement: Fees, Abusing StubHub, Content, Liability, Release and Legal Disputes.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Legal notices shall be served by registered mail to StubHub Europe S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg. We shall send notices to you by email to the email address you provide to us during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
Supplementary Terms and Conditions for the use of the StubHub.co.uk website for Sellers
If you use the Site and Services as a Seller, you understand and agree that in addition to contracting with StubHub Europe S.à.r.l., StubHub, Inc. or eBay International AG, you are also contracting with StubHub Services S.à.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg ("StubHub Services") on the basis of these Supplementary Terms and Conditions for the use of the StubHub.co.uk website for Sellers ("StubHub Seller Terms").
The StubHub Seller Terms apply in addition to the provisions of the StubHub.co.uk User Agreement. Unless explicitly stated otherwise the provisions of the StubHub.co.uk User Agreement apply respectively to these StubHub Seller Terms. The terminology used in these StubHub Seller Terms has the same meaning as in the StubHub.co.uk User Agreement unless otherwise defined in these StubHub Seller Terms.
These StubHub Seller Terms are effective on 20 March 2014 for all current Sellers and upon acceptance for new Sellers. StubHub Services may periodically make changes to these StubHub Seller Terms and shall notify you by posting a revised version of the terms on the Site and emailing you at your registered email address. The revised terms will become effective thirty (30) days following such notice and your continued use of the Site and Services will constitute acceptance of the revised Agreement.
For the handling of ticket sales concluded through the Site and Services, Sellers sell and assign their claims against Buyers to StubHub Services as set out in Clause 1. The payment of the order total by Buyers shall be rendered in such cases to StubHub Services by means of the payment methods accepted by StubHub Services. As a consideration for the purchase of the Seller's claim against the Buyer, StubHub Services will pay the gross value of the respective claim to Sellers after receipt of the full and timely payment by Buyers as set out in Clause 2. Accrual of interest to the benefit of the seller will not take place. Claims of a seller due to default of StubHub Services remain unaffected.
If a Seller is permanently suspended from using the Site or Services or this Agreement is terminated for any reason any outstanding payments will still be handled pursuant to these StubHub Seller Terms.
1. Sale and Assignment of Seller's claims against Buyers to StubHub Services
The Seller hereby sells all present and future claims against Buyers, which are immediately due and to which the Seller is entitled based on ticket sales through the Site and Services to StubHub Services and assigns such claims to StubHub Services in each case when they arise. StubHub Services hereby accepts such sale and assignment.
StubHub Services does not in any way become a contractual partner to, or other participant in, the purchase agreements concluded exclusively between the Sellers and Buyers.
For any ticket sales concluded through the Site or Services the Seller is prohibited from demanding that Buyers make payments in whole or in part directly to the Seller or to a third party.
2. Payments to Sellers
Unless agreed otherwise, StubHub Services will pay out the gross value of each claim sold and assigned less any Service Fees to the Seller via his Payment Method as soon as the Buyer has paid the claim in full and five to eight (5 to 8) business days after the event which the tickets pertain to have passed.
Withholding of payments
StubHub Services is entitled to withhold one or more payments temporarily if:
the Buyer opens a FanProtectTM Guarantee case for the tickets in question;
there is a Chargeback of the payment by the Buyer's payment service provider (Clause 3);
the Seller's account has been limited or temporarily or permanently suspended in accordance with Clause 5 of the StubHub.co.uk User Agreement ; or
there are concrete indications that one of the above is imminent.
When assessing whether to withhold payments, StubHub Services will take the legitimate interests of the Seller into account, and shall in particular consider if the Seller is responsible for the issue.
If payment for the tickets in question has already been made, StubHub Services is entitled to withhold payments that StubHub Services has received from other sales of the Seller up to the amount of the claim in question.
StubHub Services will review the facts of the case diligently and render the payment of the withheld amounts without undue delay after the case has been resolved.
Right to set-off
StubHub Services is entitled to set-off any amounts owed by the Seller to StubHub such as Service Fees, replacement fees, additional delivery costs, refund charges and administrative fees against pending and future payments owed by StubHub Services to the Seller.
3. Chargebacks by the Buyer's Payment Service Provider
If a payment made to StubHub Services is subject to a chargeback ("Chargeback") by the Buyer's payment service provider, the Seller will be obliged upon request to provide all information and documents required for the further processing and resolution of the case to StubHub Services within a reasonable deadline set by StubHub Services.
A Chargeback by the Buyer's payment service provider may occur in particular for the following reasons:
Chargebacks of the payment source of a PayPal payment (e.g. direct debit reversals or credit card chargebacks)
Chargebacks requested by the holder of the e-money or bank account or of the credit card (hereinafter: "Account Holder") because of an unauthorised payment (e.g. by an unauthorised use of the Account Holder's account or credit card information) or
Chargebacks based on claims within the framework of a buyer protection program offered by the Buyer's payment service provider.
If a Chargeback is based on the fact that the Buyer has communicated to his payment service provider that he has not received the order or that the Account Holder has reported an unauthorised payment (e.g. through an unauthorised use of the Account Holder's account or payment card information) to his payment service provider, the Seller is obliged to prove that the tickets have been delivered. If the Seller is unable to prove that the tickets have been delivered, he or she will indemnify StubHub Services in full from a chargeback of the purchase price and the delivery costs by the payment service provider. StubHub Services reserves the right to assert this indemnification claim by way of a set-off against pending or future payments owed to the Seller by StubHub Services.