General Terms and Conditions Festival Gift Card Partners
Last updated: 19 May 2026
These general terms and conditions apply to all current and future agreements between TicketGift B.V., trading under the name Festival Gift Card, and Partners, unless otherwise agreed in writing.
Amendments to these terms and conditions shall be published on festivalcadeau.com and/or communicated to Partners at least thirty (30) days prior to their entry into force.
Article 2: Applicability
2.1 These general terms and conditions apply to all offers, agreements and services of Festival Gift Card.
2.2 Deviations from these terms and conditions are valid only if agreed in writing.
2.3 If any provision of these terms and conditions proves to be void or is annulled, the remaining provisions shall remain in full force.
2.4 Additional technical documentation, integration terms and conditions, developer instructions and operational guidelines form an integral part of the collaboration between the parties.
Article 3: Participation and use of the Gift Card
3.1 Festival Gift Card offers a prepaid means of payment that can be used by consumers at affiliated Partners.
3.2 The Gift Card is valid for two (2) years after activation, unless otherwise required by law.
3.3 Depending on the relevant Brand Type, card variant, campaign or commercial proposition, different validity periods may apply. Specific promotional cards, promotional cards or cards issued in the context of competitions, marketing campaigns or other temporary commercial purposes may have a shorter or different validity period. The applicable validity period shall in that case be stated on the relevant card, campaign expression or accompanying communication.
3.4 The Gift Card may be issued both physically and digitally.
3.5 A Participation Agreement may be concluded, among other ways, via:
3.6 Festival Gift Card reserves the right to refuse a registration without stating reasons.
3.7 Partner shall provide correct company and contact details and shall inform Festival Gift Card of relevant changes in a timely manner.
3.8 Festival Gift Card may engage third parties for the performance of its services.
3.9 Partner accepts the Brand Types and associated commercial terms and conditions applicable at the time of participation, unless otherwise agreed in writing.
3.10 New Brand Types or materially amended commercial terms and conditions shall be communicated to Partner in advance.
3.11 Festival Gift Card reserves the right to amend, expand or terminate functionalities, integrations, commercial models, platform components or additional services.
3.12 Festival Gift Card may offer services under its own name, white-label constructions, co-branded concepts or other commercial labels.
3.13 Festival Gift Card has the right to introduce and launch additional Brand Types, card variants, labels, propositions, campaigns or commercial concepts within its platform at its own discretion, whether or not technically processed via Intersolve or other processing partners.
3.14 Such additional Brand Types, propositions or commercial concepts shall also be subject to these general terms and conditions and may contain different commercial, operational, promotional or financial terms and conditions, without requiring additional approval from Partner, unless otherwise agreed in writing.
3.15 If Partner cannot agree with a new Brand Type, additional proposition or materially amended commercial structure, Partner shall solely have the right to terminate the entire collaboration in writing subject to a notice period of one (1) calendar year, unless otherwise agreed in writing in a specific collaboration agreement.
Article 4: Costs, fees and payouts
4.1 Connection fees, monthly fees or transaction fees may apply to participation.
4.2 Any technical integration or connection costs shall be communicated in advance.
4.3 Festival Gift Card may offset agreed transaction costs against payouts to Partner.
4.4 Payouts shall be made to the bank account number provided by Partner.
4.5 Different payout percentages may apply to different Brands. For the Brand 'Festival Gift Card' established in 2019, one hundred per cent of the redeemed gift card value shall be paid out. For the Brand 'Festival Gift Card Marketing' established in 2026, seventy per cent of the redeemed gift card value shall be paid out.
4.6 If a minimum payout threshold applies, this shall be made known in advance.
4.7 Partner is responsible for correct technical integration via its own systems, PSPs or ticket providers.
4.8 Festival Gift Card has the right to temporarily suspend payouts if:
- a fraud investigation is ongoing;
- there is uncertainty regarding transactions;
- Partner fails to fulfil its obligations;
- chargebacks, claims or compliance risks exist;
- legislation or regulations so require.
4.9 Festival Gift Card may offset outstanding amounts, corrections, chargebacks, damages or costs against future payouts to Partner.
4.10 Unless otherwise agreed in writing, payouts shall be made in accordance with the standard payout cycle applied by Festival Gift Card.
4.11 Festival Gift Card gives no guarantees with regard to turnover, transactions, ticket sales, reach, marketing results or commercial performance.
4.12 Festival Gift Card may apply different commercial terms and conditions, rates, payout percentages or promotional arrangements per Partner, Brand Type, campaign, ticket provider, retail channel or commercial segment.
Article 5: Obligations of Partner
5.1 Partner shall offer Festival Gift Card in a correct and reasonable manner within the agreed sales channels.
5.2 Partner shall enable holders to use the Gift Card as a means of payment in accordance with the technical possibilities of the integration.
5.3 Partner shall ensure adequate support for customers with regard to payments via Festival Gift Card.
5.4 If Partner is structurally visible on physical gift cards, packaging or retail expressions, Partner shall actively keep Festival Gift Card as a payment method during the term of these expressions, insofar as reasonably possible technically and commercially.
5.5 If Partner organises events at which Festival Gift Card is integrated, Festival Gift Card may request promotional access tickets for the purposes of relationship management, marketing or retail activities. The provision thereof shall take place solely by mutual agreement.
5.6 Partner shall not perform any acts that could damage the reputation, operation or reliability of Festival Gift Card.
5.7 Partner shall comply with all applicable laws and regulations, including regulations in the field of consumer protection, payment transactions, sanctions legislation, anti-money laundering legislation and privacy legislation.
5.8 Partner shall provide Festival Gift Card, upon first request, with information reasonably necessary in the context of compliance, fraud or security checks.
5.9 Partner shall keep adequate records of transactions in which Festival Gift Card was used and shall provide relevant information for verification or investigation upon reasonable request.
5.10 If Partner participates with regard to an event concept, festival series, brand formula or organisational concept, participation shall in principle apply to future editions and comparable events within the same concept, unless the parties agree otherwise in writing.
5.11 Partner shall not deploy Festival Gift Card solely for individual events, editions or ticket sales on the basis of disappointing sales results, residual capacity, temporary promotional necessity or comparable circumstances, if this would reasonably prejudice the sustainable collaboration between the parties.
5.12 Unless otherwise agreed in writing, the collaboration between the parties is not exclusive.
5.13 Partner remains fully responsible for the organisation, execution, ticketing, customer service, refunds and compliance with applicable laws and regulations with regard to its events, products and services.
5.14 If Partner switches to another PSP, ticket provider or technical infrastructure, Partner shall ensure continuation of the integration of Festival Gift Card within a reasonable transition period of up to six (6) months.
5.15 If the integration of Festival Gift Card has not been operationally restored in a commercially comparable manner as before after the end of this transition period, Partner shall owe Festival Gift Card immediately due compensation of €5,000 per relevant event concept, festival series, brand formula or organisational concept to cover commercial, operational, retail and integration-related damage, unless there is force majeure, technical impossibility or circumstances that cannot reasonably be attributed to Partner.
5.16 Partner shall keep Festival Gift Card visible and available in a commercially reasonable manner within its relevant ticket, payment or sales environment during the collaboration.
5.17 Partner acknowledges that Festival Gift Card may depend on long-term retail, distribution and marketing trajectories, which should reasonably be taken into account upon termination of the collaboration.
5.18 Partner shall comply with the technical documentation, integration terms and conditions, developer instructions, API specifications, onboarding guidelines and other operational requirements applicable at that time as made available via developer.festivalcadeau.com or other communication channels designated by Festival Gift Card.
5.19 Festival Gift Card has the right to amend, supplement or update this technical documentation, integration terms and conditions, specifications and instructions from time to time if this is reasonably necessary for security, continuity, technical operation, compliance, optimisation or further development of its platform and services.
Article 6: Term and termination
6.1 The agreement is entered into for an indefinite period.
6.2 Partner may terminate the agreement solely in writing subject to a notice period of three (3) calendar years, unless otherwise agreed in writing.
6.3 During the notice period, Partner shall continue to integrate, accept and offer Festival Gift Card in a commercially reasonable manner within its relevant ticket, payment and sales environment.
6.4 Festival Gift Card has the right to terminate the agreement in whole or in part with immediate effect if:
- Partner is declared bankrupt;
- applies for suspension of payments;
- becomes involved in fraud or misuse;
- violates laws or regulations;
- causes reputational damage;
- materially fails to fulfil its obligations.
6.5 Existing payment, settlement, marketing, distribution and promotional obligations shall remain in force after termination during the applicable notice period.
6.6 Physical cards, packaging, retail materials or campaigns already produced may remain in circulation during the normal distribution period.
6.7 Festival Gift Card has the right to temporarily limit or suspend the visibility, promotion, positioning or availability of Partner within its platform, marketing channels, retail channels or campaigns if reasonable commercial, technical, operational, compliance or reputation-related grounds exist for doing so.
6.8 Festival Gift Card reserves the right to refuse, limit or terminate collaboration if association with Partner could reasonably cause reputational damage to Festival Gift Card, TicketGift B.V., affiliated Brand Types or commercial partners.
6.9 Termination by Partner shall not affect retail, marketing, distribution or promotional campaigns already planned, unless otherwise agreed in writing.
Article 7: Intellectual property and brand use
7.1 Partner grants Festival Gift Card, for the duration of the agreement, a non-exclusive right to use Partner's name, brand, logo and promotional material for promotional purposes.
7.2 This use may take place on websites, social media, physical gift cards, packaging, presentations and marketing expressions.
7.3 Festival Gift Card shall carry out the brand use carefully and reasonably with respect for the reputation and image of Partner.
7.4 Festival Gift Card retains reasonable freedom with regard to format, positioning and design of logos and promotional materials.
7.5 Partner may object to brand use solely if serious reputational damage or misleading use is reasonably demonstrable.
7.6 Materials already produced may be used until existing stock is exhausted.
7.7 All intellectual property rights of Festival Gift Card remain the property of TicketGift B.V. or its licensors.
7.8 Festival Gift Card may use anonymised and aggregated transaction data for analyses, optimisation, benchmarking, marketing insights and commercial purposes, provided that such data cannot be traced back to individual persons.
7.9 Festival Gift Card independently determines the manner in which Partners, events, Brand Types, campaigns or propositions are presented or positioned within its platform, retail channels, websites, marketing expressions or promotional activities, without any obligation to minimum exposure, marketing support or sales results.
Article 8: Liability
8.1 Festival Gift Card is solely liable for direct damage that is the direct consequence of an attributable shortcoming.
8.2 Festival Gift Card is not liable for indirect damage, including consequential damage, loss of profit, reputational damage, lost savings, loss of data or damage due to business stagnation.
8.3 Festival Gift Card is not responsible for the delivery, execution, quality, cancellation or content of events, tickets, products or services of Partner.
8.4 Festival Gift Card is not liable for disruptions, errors or shortcomings of third parties, including PSPs, ticket providers, hosting parties, telecom providers or Intersolve.
8.5 The total liability of Festival Gift Card is limited to the amount that Partner paid to Festival Gift Card in the twelve (12) months preceding the damage, with a maximum of €10,000, unless mandatory law provides otherwise.
8.6 The limitations of liability shall not apply in the event of intent or deliberate recklessness.
8.7 Partner shall indemnify Festival Gift Card against claims from third parties arising from acts or omissions of Partner.
Article 9: Availability and force majeure
9.1 Festival Gift Card strives for the highest possible availability of its systems, but does not guarantee uninterrupted service.
9.2 Force majeure shall mean any situation outside the reasonable sphere of influence of the parties, including disruptions, cyber incidents, government measures, pandemics, strikes and failure of third parties.
9.3 During force majeure, obligations shall be suspended.
9.4 If the force majeure situation lasts longer than thirty (30) days, both parties may terminate the agreement in writing.
Article 10: Fraud and misuse
10.1 Festival Gift Card reserves the right to temporarily block transactions, cards or accounts in the event of suspected fraud, misuse or unauthorised use.
10.2 Partner shall cooperate, upon request, with investigations into fraud or misuse.
10.3 Fraudulent transactions shall be for the account and risk of the party that has acted culpably.
Article 11: Confidentiality
11.1 The parties undertake to maintain confidentiality of Confidential Information.
11.2 Confidential Information shall be used solely for the performance of the agreement.
11.3 This obligation shall remain in force after termination of the agreement.
Article 12: Privacy and data protection
12.1 The parties shall process personal data solely in accordance with applicable privacy legislation, including the GDPR.
12.2 Each party is independently responsible for the personal data that it processes within its own systems.
12.3 If the parties qualify as controller or processor within the meaning of the GDPR, they shall make additional arrangements where necessary, including a data processing agreement.
12.4 Festival Gift Card shall take appropriate technical and organisational security measures.
12.5 Festival Gift Card may make use of sub-processors or external service providers insofar as this is necessary for the performance of the services.
12.6 The parties shall inform each other without unreasonable delay if there is a security incident or data breach that is relevant to the performance of the agreement.
Article 13: Supervision and processing of funds
13.1 Festival Gift Card is a product of TicketGift B.V.
13.2 Intersolve and/or other specialised service providers may be used for the technical processing, administration and settlement of gift card balances.
13.3 Partner acknowledges that payment flows may be technically processed via external payment and processing partners.
Article 14: Communication and complaints
14.1 Official communication shall take place via the contact details provided by the parties.
14.2 Complaints must be reported in writing within thirty (30) days of discovery.
14.3 Festival Gift Card strives to handle complaints within ten (10) working days.
Article 15: Amendment of terms and conditions
15.1 Festival Gift Card may amend these terms and conditions.
15.2 Amendments shall be announced at least thirty (30) days prior to their entry into force.
15.3 If Partner does not agree with a material amendment, Partner has the right to terminate the agreement in writing before the effective date of the amendment.
15.4 If Partner continues to use the services after the entry into force, this shall constitute acceptance of the amended terms and conditions.
15.5 The absence of enforcement, the toleration of deviations or the application of certain commercial terms and conditions in previous situations shall not create any obligation for Festival Gift Card to apply the same again in future situations.
Article 16: Transfer
16.1 Festival Gift Card may transfer rights and obligations under the agreement to an affiliated company or third party, provided that this does not have a material adverse effect on Partner.
16.2 Partner may transfer rights or obligations solely after written consent from Festival Gift Card.
16.3 Partner shall not acquire exclusive rights with regard to categories, regions, events, ticketing partners or commercial segments, unless otherwise agreed in writing.
16.4 Nothing in this agreement shall give rise to a joint venture, agency, representation or employment relationship between the parties.
Article 17: Applicable law and competent court
17.1 All agreements and these terms and conditions shall be governed exclusively by Dutch law.
17.2 Disputes shall be submitted exclusively to the competent court in the district of Noord-Holland, location Haarlem, unless mandatory law provides otherwise.
Article 18: Final provisions
18.1 If any provision of these terms and conditions proves to be invalid, the remaining provisions shall remain in full force.
18.2 In that case, the parties shall agree a replacement provision that corresponds as closely as possible to the purpose and purport of the original provision.
18.3 The following provisions shall remain in force after termination of the agreement:
- liability;
- intellectual property;
- confidentiality;
- privacy;
- outstanding payment and settlement obligations;
- dispute resolution.
18.4 These general terms and conditions are available digitally via festivalcadeau.com.
