Tixologi requires each event organizer (“Organizer”) utilizing Tixologi’s platform to provide event consumers (“Consumers” or “you”) with full disclosure of their purchase terms. Therefore, Tixologi maintains the following requirements governing an Organizer’s refund and cancellation policies for events (“Requirements”). These Requirements are in addition to (a) any local, state, or federal requirements governing events or the Organizer’s or Consumers’ activities; and (b) any other terms and conditions as stated and may be updated from time-to-time in Tixologi’s reasonable discretion. This refund policy may be updated, supplemented and amended from time-to-time at Tixologi’s reasonable discretion.
1. Refund Policies and Administration
1.1 Minimum Requirements.
Each Organizer must post and maintain its own policies with respect to each event in accordance with the following minimum requirements:
a. Refund policies or a link to access such refund policies must be posted by Organizer on the applicable event page;
b. “No refund” policies are permissible, but must be clearly identified as such and must otherwise comply with these minimum requirements;
c. Refund policies must comply with all applicable local, state, provincial, national and other laws, rules and regulations, including all payment processing requirements set by Organizer or a third party processor.
d. Refund policies (including “no refund” policies) must provide for a refund or other accommodation through which the Organizer will “make good” on its obligations to Consumers for failure to provide the advertised goods and services (e.g., event cancellation). If the Organizer is offering Consumers another accommodation through which Organizer will “make good” on its obligations to Consumers in lieu of a purchase price refund, then
- such other accommodation must be of equal or greater value to the value of the ticket for the cancelled event, and
- such value and all terms applicable to such other accommodation (including but not limited to the period in which such other accommodation must be redeemed, if such limitations are permitted by applicable law (as to which Organizer bears sole responsibility for compliance) must be clearly communicated to the Consumers.
In no instance will Tixologi bear responsibility or obligations associated with or on behalf of Organizer or its policies, financial decisions or accommodations, or duty of advertisements of goods and services.
e. Refund policies must include specific instructions on how to obtain a refund, including how, when and where to direct a refund request;
f. Refund policies may not be changed retroactively or to otherwise impact Consumers’ entitlement to relief in connection with purchases made prior to the date of such change and its posting to the applicable event page, unless such changes operate to place impacted Consumers in an equal or better position as they were under the policy in place at the time of purchase. For example, where an Organizer has posted a policy under which refunds may be obtained if requested in a specified method or time period, such Organizer may not transition to a “No refunds” policy with respect to any purchase already made at the time of such attempted transition. However, where an Organizer has posted a “No refunds” policy, such Organizer may transition to a policy that allows for refunds with respect to any purchase already made as of the time of such transition;
g. Refund policies must set out a specific time frame within which refund requests will be responded to, which should not exceed five (5) business days for a first response; and
h. Refund policies must otherwise be fair and reasonable.
If a refund policy is not posted or does not meet these minimum requirements set forth above, Tixologi may, in its sole discretion and without obligation to notify Organizer, (a) modify such refund policy such that it meets these minimum requirements; or (b) withdraw the Organizer’s event until such minimum requirements are met by Organizer. Such modification may take the form of prospectively making changes to the Organizer’s posted refund policy on the applicable event page or retroactively applying such changes at the time of a dispute, chargeback and/or refund request. Tixologi will not be liable for consequential, actual, special, indirect, punitive, exemplary, or incidental damages associated with Organizer’s failure to meet these requirements.
1.2 Refund Process.
In order to initiate a refund request, Tixologi instructs Consumers to contact the Organizer directly. If no contact information is listed, Tixologi instructs the Consumer to use the contact the organizer button on the event page or such other information posted on the event page. Organizer agrees to administer its refund policy in accordance with the terms set forth on the applicable event page and the minimum requirements set forth in Section 1.1 above. Upon the occurrence of an event cancellation, Tixologi shall only be obligated to provide a Consumer a refund through its platforming in the event that the Organizer has first paid in full all amounts due and owing to Tixologi, including, without limitation, the repayment of any pre-payments made by Tixologi to the Organizer.
When a Consumer requests a refund and the Organizer does not respond by either refunding or denying the request after five (5) days, Organizer agrees that Tixologi and/or Consumer may, in its sole discretion, seek relief through any other legal process.
If the event is postponed, rescheduled, or moved: your ticket(s) (including any additional add-ons or upgrades, such as parking) are still valid, and no further action is required. However, the Organizer may approve refunds for the event; any refund policies are determined on an event-by-event basis by the Organizer, and may be subject to limitations set by the Organizer.
1.3 Consumer Expectations.
If an Organizer cancels, postpones, reschedules, or moves and event, Tixologi will use commercially reasonable efforts to contact Consumers to update the status of the event, and inform you of any refund or exchange procedures known to Tixologi at that time. For exact instructions on any particular canceled, postponed, rescheduled, or moved event, please check the event information online and in your Tixologi account, or contact the Organizer.
We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled, postponed, rescheduled, or moved event.
If your event is eligible for refunds and funds have been received by Tixologi from the Organizer, we will issue a refund of the ticket price you paid (or, fora discounted ticket, then instead the discounted ticket price paid) and any additional add-ons or upgrades (such as parking). Service fees are non-refundable and will not be returned. In no event will expedited shipping charges, merchandise purchases, membership fees, service fees or any other amounts be refunded.
If a refund is issued, it will be processed to the original method of payment used at time of purchase. We cannot issue a refund to a different credit or debit card (this includes refund requests made through the self-service option).
We may occasionally offer tickets at a discount after the original on-sale date, and will not refund the difference between the original price and the sale price. In addition, there are no refunds, returns, or exchanges for digital downloads or hotel / festival packages.
If there is an account, or accounts (including with respect to any Consumer or Organizer), that have outstanding balances owed to Tixologi, Tixologi reserves the right to hold any and all refunds for said accounts until such time as no outstanding balances remain.
Merchandise. All merchandise purchases are final, and in no event will there be refunds, exchanges, or credits for merchandise purchases.
Chargebacks and Other Refund Prohibitions. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card or other method of payment you used to purchase tickets from tixologi.com. Should you do so, your tickets are subject to immediate cancelation, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist, and from any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
2. No Insurance or Guarantee
These Requirements are not intended to be and do not constitute an offer to insure the performance of or to guarantee the performance of Tixologi or any Organizer and are not a guarantee that refunds will be issued in any given situation. For additional protection, we encourage Consumers to purchase travel, medical, and/or trip cancellation insurance. For example, some of the most popular travel insurance providers are Allianz, GeoBlue and Travel Guard. The Consumer’s credit card or employer may also provide certain coverage.