General Conditions of Use

Updated 01/03/2024

1. General Provisions

1.1 Introduction:

Queer & Trans Tours Sàrl, with its registered office at c/o Cospire SA, Rue de Genève 100, 1004 Lausanne (“QTT”), operates the platform available at www.queerorbit.com (“Platform”). This platform is dedicated to offering and selling tickets for events specifically curated for the LGBTQ+ community. Additionally, QTT may offer related goods and services for purchase.

1.2 Scope:

These General Conditions of Use (“Conditions”) govern all contracts and transactions between QTT and its customers, including but not limited to event listings, ticket sales, and the acquisition of goods and services via the Platform, irrespective of whether the customers are event organizers, attendees, or buyers.

1.3 Role of QTT:

Unless explicitly stated otherwise, QTT acts as a facilitator providing a platform for event organizers to list events and for attendees to purchase tickets. QTT itself is not the organizer of these events nor the provider of any goods or services offered, except for specific services explicitly offered by QTT.

1.4 Contract Formation:

The use of the Platform and any transactions conducted through it result in legally binding contracts between the event organizer or third-party service provider and the purchaser, with QTT acting as the intermediary.

1.5 Language of the Contract: The contract language is English.

2. Use of the Platform

2.1 Registration and User Account

2.1.1 Account Creation:

To access the full range of features on the Platform, including ticket ordering or event listing, users must create an account using a valid email address and password.

2.1.2 User Obligations:

Users guarantee that the information provided during registration is accurate. The use of pseudonyms is not permitted.

2.2 Privacy and Data Protection

2.2.1 Personal Data:

The use of the Platform involves the collection, processing, and use of personal data by QTT. Users consent to this data processing.

2.2.2 QTT Obligations:

QTT undertakes to treat the personal data of Buyers with respect and security and to respect the conditions on data protection. QTT only processes and uses the data required to carry out billing.

By accepting these general conditions of sale, the Buyer accepts that his data may be transmitted to the Organizer of the event for which he purchased a ticket, and to the latter only.

No transmission of data to persons other than the Organizer will be made for promotional or commercial purposes without the prior consent of the Buyer, in compliance with applicable regulations. 

QTT makes every effort to protect its system and network, but it cannot ensure absolute protection nor incur liability in the face of illicit interventions or eavesdropping.

 3. Ticket Purchase and Event Participation

3.1  General Terms

3.1.1 Ticket Sales:

QTT mediates the sale of tickets on behalf of event organizers. The contract for the ticket sale is concluded directly between the purchaser and the organizer.

3.1.2 Pricing and Payment:

Prices listed on the Platform are inclusive of VAT and all other price components. 

3.2 Delivery of Tickets

3.2.1 Digital Delivery:

Tickets are delivered via email or available for download as PDF files.

3.2.2 Gift Vouchers:

QTT may offer gift vouchers for sale under specific conditions.

3.2.3 Cancellation Policy

 Cancellations can only be initiated by the event organizer since the purchase contract is concluded directly between the Organizer and the Buyer. 

 If you wish to cancel your purchase, you must directly contact the event organizer. The Platform may provide contact information or a means to request cancellation, but it is the responsibility of the purchaser to initiate and negotiate any cancellation requests by email to contact@queerorbit.com.

 The Platform and QTT do not guarantee that a cancellation request will result in a refund. The terms of any refund, including the possibility and amount, are at the sole discretion of the event organizer and subject to their specific cancellation policy.

 4. Special Provisions for Organizers and Advertisers

4.1 Event Listing and Promotion

4.1.1 Listing Events:

Organizers can list their events on the Platform, subject to legal and QTT’s guidelines.

The settings made for each operation will constitute an order to QTT to market the Tickets according to the quotas set. During each configuration, the Organizer will define the Ticket quotas, the dates and times of the Event, and the Ticket Sales Price.

You can access the platform by login/password on the Site www.queerorbit.com for the addition of events and by API key to an Application on Android and Apple for ticket management and consultation of sales status in real-time.

 Upon express written request from the Organizer, and if it accepts it, QTT can configure the Event. The Organizer must then communicate all the necessary information. This information must be communicated within reasonable deadlines agreed with QTT, which will have a minimum period of two working days for updating and posting this information online once receipt of the information has been noted.

4.1.2 General Conditions of the Organizer

The Organizer may distribute its own conditions of sale to Purchasers via the Platform.

In case of incompatibility of the clauses of the said conditions with the conditions binding QTT to the Buyers, the conditions of QTT will prevail.

4.1.3 Responsibilities: Organizers are responsible for the accuracy of event descriptions and for ensuring events comply with applicable laws.

4.2 Payment Processing

QTT processes payments on behalf of organizers, retaining a commission. The commission is based on the sale price of the Ticket to which are added any costs added by the Organizer. The amount of the commission is indicated in the Price List accessible in the “Pricing” section at the Footer.

Payment to the Organizer, based on sales made, takes place the next working day of the event’s date. Taking into account incompressible interbank deadlines, the Organizers’ credit is generally effective between 1 and 4 days after the date of the event. For the first payment, additional delay linked to control and security operations is to be expected.

Each Event will give rise to a sales summary. At any time, the Organizer will be able to access the sales summary via the dashboard.

The Organizer is obliged to raise its objections without delay concerning the regulations made by QTT or on behalf of the latter and no later than thirty days after the regulation. In the absence of objection, the settlement is considered final and fully discharges QTT.

QTT cannot make any payment if the Organizer’s bank details are empty, incomplete, incorrect, or in a currency different from that of the sales made.

4.3 Unpaid

QTT is only responsible to the Organizer for the proper execution of its intermediary obligations, i.e. the sale of Tickets to Buyers.

QTT cannot be held responsible for the fault of the Buyers concerning non-payment of the price of the Tickets. The Organizer undertakes to take responsibility and without exception for all credit card payment rejections that may occur whatever the reason.

Please note that an Internet bank card transaction may become unpaid when the bank cardholder informs his bank that a transaction was not authorized or that the order was not delivered. Rejections generally result from objections following theft or loss. It may also involve non-recognition of the transaction on the holder’s bank statement, or sometimes abuse. In case of non-payment, the card holder’s bank, after possible arbitration by the card network (Visa, Mastercard, etc.), cancels the transaction and debits the bank account of QTT for the amount of the operation canceled.

The Organizer expressly agrees to assume the risk of unpaid debts and waives in advance the liability of QTT, in any capacity whatsoever, in the event of unpaid debt.

In the event of an unpaid debt, if this amount has already been paid to the Organizer, QTT will invoice the Organizer for the unpaid amount.

QTT uses all the technical devices that can currently and reasonably be used by the main players in e-commerce to protect themselves and protect the Organizer, against the risks of non-payment. The Organizer expressly declares to relieve QTT of any liability in the event of failure of these systems, which it also declares to know perfectly, in particular in the context of the use of stolen foreign cards. Also, within the framework of the relationship between QTT and the Organizer, it is expressly accepted that the Organizer’s guarantee on unpaid debts is due in all cases. In return, QTT will actively collaborate with the Organizer to assist it in recovery against the Buyer, particularly given the information that it may hold and be able to, in compliance with legal provisions. , to transmit it to him.

The Organizer irrevocably undertakes to compensate QTT for all costs incurred, whatever they may be, in connection with the restitution of Unpaid Payments.

4.4 Modification and Cancellation of the Event

The Organizer alone assumes full responsibility for the possible cancellation of an Event.

The substantial modification of an Event is assimilated within the framework of these conditions and the legal rules to a cancellation of the Event.

If an Event is substantially modified (change in the date, time, location of the Event or its programming) while Tickets have been sold or are still offered for sale, the Organizer must immediately inform QTT.

The Organizer will cover QTT for any damage that it may suffer due to the modification or cancellation of the Event.

4.5 Reimbursement Obligations

In case of cancellation of an Event, the Organizer expressly authorizes QTT to reimburse Buyers using sums owed to it, for whatever reason. QTT may provide reimbursement for a given Event, including sums due for other Events organized by the Organizer.

In case of insufficiency, the Organizer undertakes to remit in advance to QTT the funds necessary to reimburse the Buyers and to irrevocably guarantee QTT against any claim from the Buyers. In the same context, QTT will be authorized to communicate with Buyers by giving them contact details and all useful information about the Organizer so that they can request a refund directly from the Organizer.

In case of reimbursement, the remuneration owed by the Organizer to QTT will remain due.

The cancellation of an Event gives rise to additional cancellation fees of 2.9% of the ticket price plus 1.5 CHF/ €/£ (VAT included) per ticket to cover the transaction and administrative costs associated with the refund process.

In addition to the cases of cancellation and mandatory reimbursement, the Organizer may expressly request QTT to provide a total or partial reimbursement to Buyers for all or part of the Tickets already sold, regardless of is the reason. In this case, and if QTT is not already in possession of the sums to proceed with the reimbursement, for whatever reason, the Organizer must pay QTT the sums necessary to proceed with the reimbursement. 

The remuneration of QTT will remain due.

4.6 Obligations of QTT

QTT undertakes to edit the Tickets on behalf of the Organizer following the settings made by the Organizer or by itself if the Organizer has asked it to directly configure the Event according to given instructions.

QTT undertakes to report, if necessary, without delay to the Organizer any difficulty encountered by it in the sale of Tickets.

 5. Liability and Warranty

5.1 General Terms

5.1.1 Liability:

QTT is liable only for direct damages caused by its intentional misconduct or gross negligence. Liability for indirect or incidental damages is excluded to the fullest extent permitted by law.

QTT cannot be held responsible for any inabilities of the Organizer to access the Online Ticketing System or for the inability of customers to access this system due to difficulties linked to the network, Internet, or for any other cause beyond its control.
QTT cannot be held responsible for the incorrect configuration of the Platform by the Organizer.

QTT also makes no guarantee, express, implicit, or otherwise, and in particular excludes any guarantee concerning the ability of its services to meet the expectations or particular needs of the Organizer.

5.1.2 Responsibility relating to the content posted online by the Organizer and the nature of the Event

By providing content (texts, images, videos, digital files, or any other element) on the Platform, the Organizer is required to comply with the legal and regulatory provisions in force. It is therefore up to him to ensure that the storage and distribution of this content via the Platform does not in any way constitute a violation of the rights of third parties for whom he does not have the necessary authorizations.

It is prohibited to use the platform to organize illicit or prohibited Events.

5.2 User Indemnification:

Users agree to indemnify QTT against all liabilities, costs, demands, damages, and expenses arising from their misuse of the Platform or violation of these Conditions.

6. Revision of the General Conditions of Use

QTT reserves the right to modify or adapt these general conditions of use.

In case of a modification, the Organizer will be informed by email.

Modifications will only take effect ten (10) days after notification unless they are imposed by the laws and regulations in force.

The modifications will also apply to Events already registered.

7. Legal Forum

These general conditions are subject to the Swiss law. In the event of a dispute, the legal venue is Lausanne.