NOCHE APP SÀRL – GENERAL TERMS AND CONDITIONS APPLICABLE TO CUSTOMERS
These general terms and conditions (hereinafter the "GTC" ), in their version in force at the time of the reservation/order, apply to all the services offered by NOCHE APP Sàrl (hereinafter "NOCHE APP" ) . Any natural or legal person (hereinafter the "Customer" ) who uses the services of NOCHE APP is considered to have accepted the conditions below without any modification and in their entirety.
By placing an order via the NOCHE APP website or mobile application (hereinafter, jointly, the " Application "), the Customer acknowledges having read, understood and accepted, without any reservations, the GTC. In case of disagreement with the GC, the Customer refrains from placing an order via the Application.
NOCHE APP reserves the right to modify the T&Cs, at any time and without notice, by publishing a new version of the T&Cs on the Application (which cancels and replaces the existing version). Any reservation or order placed after the publication by NOCHE APP of a new version of the GC implies acceptance of this new version.
Via the Application, NOCHE APP in particular puts the Customer in contact with various service providers, organizers and operators (hereinafter, jointly, the " Organizer ") offering services to the public (activities, goods, various services) in connection with the world of the night, in particular with a view to the acquisition of entrance tickets to parties. By placing an order via the Application, the Customer instructs NOCHE APP to reserve, in his name and for his own account, tickets and other services of his choice with the Organiser. The Customer's attention is expressly drawn to the fact that NOCHE APP does not intervene in the contractual relationship between the Organizer and the Customer. Any liability of NOCHE APP in this regard is excluded ( see Article 9 below for more) . The contract concluded between the Client and the Organizer is based on these T&Cs as well as on the basis of the general conditions of sale of the service provider concerned, which the Client accepts at the time of his reservation via the Application.
When the Customer places an order or a reservation via the Application for one or more third parties, he is then required to assume their contractual obligations with NOCHE APP and the Organizer as his own. The contractual obligations binding the Customer to NOCHE APP (in particular these GTC) apply to all participants/users who are the subject of the Customer's order/reservation.
Only adults, capable of discernment and who are not under curatorship can place an order via the Application. The minimum age is 18 years old . Minors are not authorized to reserve/order any goods and/or services on the Application.
To reserve and place an order, the Customer must follow the procedure available on the Application. Any other booking procedure is excluded.
The overview of activities, goods and/or services on the Application only serves as an invitation to an offer submission from the Customer. The Customer makes his choice on the Application from among the activities, goods and services available. The choice made is displayed in the basket on the Application. By reserving and placing an order, the Customer binds and makes a firm and definitive offer to subscribe to the activity concerned and/or to purchase the goods and/or services selected, under the conditions indicated on the Application. The Client's offer is deemed to have been notified to NOCHE APP from the moment its payment is approved.
When making a reservation/order via the Application, the Customer will receive an order confirmation by e-mail to the address indicated by the Customer. This confirmation does not expressly yet constitute acceptance of the offer. NOCHE APP, respectively any Organizer, reserves the right to refuse an offer from a Customer at its own discretion, without being required to state the reasons .
The purchase contract between the Customer and the Organizer is only deemed to have been concluded when the tickets are sent, made available or delivered to the Customer via the Application or when NOCHE APP activates the corresponding access authorization.
The Client must be able to present his ticket and that of the other participants to the Organiser, failing which the Client cannot assert any right vis-à-vis the Organiser.
The Customer is required to check the data entered in the order confirmation e-mail as well as on the tickets upon receipt thereof and to notify NOCHE APP within two days of any error or inconsistency in this regard. Failing this, the Customer will be deemed to have accepted and confirmed the data indicated in the order confirmation, respectively on the tickets.
During the ordering procedure, the Customer undertakes to provide the necessary information in an exhaustive and correct manner to NOCHE APP. He must indicate a valid e-mail address to which all communications relating to his order will be sent. It is the Customer's responsibility to maintain this address in force and to read the e-mails sent by NOCHE APP. Any communication made to the Customer by e-mail will be deemed to have been received by the latter on the effective date and time of receipt.
The Organizer has the right to personalize the tickets. To this end, he may indicate on the tickets the personal data of the person entitled thereto. Only the person whose name appears on the ticket will be able to access the reserved event. If the Customer buys tickets for more than one person, he must ensure that the personal details of all the people are indicated on the tickets in a complete and accurate manner.
NOCHE APP reserves the right to change prices at any time. The prices in force are those indicated at the time of the order/reservation and are only valid in Switzerland. They are expressed in Swiss francs and include all taxes. Payments must be made in Swiss Francs.
The payment methods accepted by NOCHE APP are exclusively those indicated on the Application.
Unless otherwise indicated, payment is due by the Customer at the time of his order/reservation on the Application.
NOCHE APP is free to choose the payment methods allowed and if/when the tickets, which have not been paid for within the time limit, are relisted.
For certain activities offered on the Application, the prices offered may be conditional on the fact that the activity concerned is carried out within a given period, any price increase once this period has elapsed being expressly reserved (in which case the activity concerned cannot be exercised before full payment of the balance due).
Any exchange of tickets purchased for professional or commercial purposes is prohibited. Violations of this rule may result in the loss of the service linked to the ticket purchased and of the rights to damages, as well as claims for the restitution of the profits vis-à-vis the original purchaser of the ticket and the persons who made the purchase. acquisition of the ticket. Persons who violate these rules may be excluded from purchasing and returning tickets. Neither NOCHE APP nor the Organizer assumes responsibility for tickets sold via platforms other than the Application itself. Tickets that have not been validly purchased do not give the right to any service, neither NOCHE APP nor the Organizer will be liable for any refunds or any liability in this regard.
Although NOCHE APP strives to inform the Customer in the most complete and faithful manner possible, the photos, texts and videos presented on the Application, in the advertisements, leaflets, etc., as well as all the information concerning the services offered and the state of stocks serve as an illustration for information purposes only and are not contractual.
Any booking of activities, goods and/or services is final. Events missed by the Client, or any other participant (when the Client books for third party(ies), cannot be made up and will not be refunded.
The Organizer is the Client's contractual partner and is therefore responsible for providing the activities, goods and services that are the subject of the Client's order. The possibility, conditions and processing of a return and refund or exchange of tickets are exclusively decided by the Organizer, but in no case by NOCHE APP.
The right of the Organizer to refuse entry to its establishment to any participant, for any reason whatsoever, is expressly reserved. In such a case, any request for reimbursement must be addressed to the Organiser, any liability of NOCHE APP being expressly excluded in this regard.
If an event is canceled without replacement or if a company is closed in whole or in part, which has the consequence of not being able to honor the Customer's order, the corresponding services will be reimbursed on the instructions of and in the manner prescribed by the Organiser, any liability of NOCHE APP being expressly excluded in this respect
If an Organizer decides to postpone an event or move an event venue, the corresponding ticket is valid for the postponed date or the new venue, regardless of the reasons for the postponement. This also applies if the event is postponed or transferred several times. It is up to the Organizer to decide whether the tickets can be returned, refunded or exchanged.
If unforeseen or unavoidable events (such as natural disaster, epidemic, pandemic, etc.) hinder the planned progress of an event, the Customer's attention is drawn to the fact that the Organizer is then entitled, depending on the circumstances , to modify certain services or to simply terminate the event. In this case, the Organizer decides on the further procedure and the conditions under which the tickets can be returned, refunded or exchanged.
In any event, for any request for reimbursement, return or exchange, the Customer must contact the Organizer via the Application. NOCHE APP will transmit said request to the Organizer who will be responsible for processing it according to the principles set out above, any liability of any nature whatsoever on the part of NOCHE APP being expressly excluded in this regard.
The Application as well as all the contents which are accessible there (hereinafter the “Contents” ) are protected by copyright and are the exclusive and exhaustive property of NOCHE APP, if no provision to the contrary has been concluded. The reproduction (in whole or in part), distribution, transmission (electronic or by other means), modification, linking or use of the Content for public or commercial purposes is prohibited without the prior written authorization of NOCHE. APP.
The personal data made available to NOCHE APP by the Customer will be processed in accordance with the applicable legal provisions on data protection. The Customer authorizes NOCHE APP to transmit, share and disclose to any third party (in particular, but without limitation, any Organiser) the personal data transmitted to it by the Customer, to the extent necessary for the proper execution of the reservation. / Customer's order.
By making the personal data of third parties available to NOCHE APP via the Application, the Customer guarantees that he has the necessary authorizations to proceed. Failing this, he is liable to NOCHE APP and to any Organizer for any damage that may result.
NOCHE APP's liability for any damage of any kind whatsoever suffered by the Customer, or by any other participant (when the Customer orders via the Application for a third party or parties), in connection with any activity(ies) ), good(s), service(s) and/or any other service(s) of any kind ordered via the Application is only liable in the event of fault willful or grossly negligent directly attributable to NOCHE APP. Any other liability (including that deriving from the fact of auxiliaries or third parties) is excluded , unless otherwise required by law.
NOCHE APP cannot verify whether the Organizer is fully and compliantly complying with its performance obligations arising from or in connection with the contract concluded between it and the Client. Similarly, NOCHE APP cannot verify whether the Organizer fully complies with its performance obligations arising from or in connection with the contract concluded between itself and the latter. The Organizer or the Customer, but in no case NOCHE APP, are exclusively responsible for contractual breaches such as, in particular, the inadequate organization of the event or the implementation of the event, the cancellation of events in violation of the contract, the closure of the business in violation of the contract, the poor quality of services and goods and the breaches of obligations of the Customer (and other participants) during the participation in the event. This exclusion of liability also applies to quasi-contractual and extra-contractual claims resulting from the execution of the contract between the Customer and the Organiser, in particular the use of the Organiser's services.
The Customer is liable to NOCHE APP, without limitation, for damages caused by an intentional wrongful act or negligence. The Customer fully guarantees NOCHE APP against all third-party claims that may result from the Customer's failure to fulfill his obligations or from the violation of these T&Cs.
The Customer is liable for any damage caused by an intentional illicit act or negligence of third parties for whom he has made the order or the reservation via the Application.
Swiss law applies exclusively to all claims or claims based on contract or tort, or otherwise, arising from any contract subject to these T&Cs, excluding the rules on conflict of laws.
Any dispute arising from or in connection with any contract subject to these T&Cs, which cannot be settled amicably, will fall under the exclusive jurisdiction of the ordinary courts of Lausanne (Switzerland) , subject to mandatory legal provisions imposing respect for another forum. NOCHE APP is also authorized to sue the Customer before the court of his place of residence. Any recourse to the Federal Court is expressly reserved.
Version I, Lausanne, October 2022