TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING AIRTSAGE® BETA APP AND WEBSITE
Welcome to Airstage® brought to you by Airstage® Switzerland S.A. In the following text, when we refer to a User we mean You - the individual, using our Services. These Terms set out important information regarding the rights, obligations and restrictions that may apply to You as a User. Namely, when You access our Website and/or access, use or download the Airstage® Beta App, Beta App (or simply called App) available on Devices, and use any Services offered in conjunction with the Beta App or Website. You should understand that by using our Website or by installing our Beta App, You agree to be bound by these Terms. These Terms constitute a legal and enforceable contract between You and Airstage® Limited. If You do not agree with these Terms, abandon the registration process and do not use or install our Website or Beta App. In the Beta version of our App a User may register as either as an Artist or a Fan. For further information, please refer to the following definitions listed below:
Airstage® Beta App
We, us, our; Airstage®
You, your; artist, fan
The mobile and web services we offer to our users;
Located at https://www.airstage.co/;
The Airstage® Mobile Beta Application;
Smart phones and tablets, and/or computers – desktop or laptop;
User – musician, band, DJ, etc. that can be booked to perform at an Event;
User – an individual or business that can book artist/s to perform at an event;
A happening, which involves the booking of an artist by a user to perform at an event for a Fee; The amount payable by the user to finalise the artist/s booking; constitutes of an Artist Fee plus a Handling Fee;
Equals the fee payable to the artist/s;
Equals the fee payable to Airstage®;
For complete information regarding artist booking, event cancellation, complaint, and compensation interactions occurring within the Airstage® Beta App, please refer to our CANCELLATION, COMPLAINT AND COMPENSATION POLICY.
BETA USER CONDITIONS
AIRSTAGE® BETA APP; LIMITED WARRANTY AND LIABILITY
NO TECHNICAL SUPPORT
Airstage® will not provide any technical support, maintenance or any other services for the Beta App. Still, if You experience issues and You would like to inform us about them, feel free to send us an email at email@example.com
You may not:
You agree to provide Airstage® with feedback regarding the App consisting of, without limitation, Your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (Feedback). If You decide to provide Airstage® with any Feedback, as part of the testing and evaluation of the App, You agree that: (a) Airstage® may freely use, disclose, reproduce, license, distribute and otherwise commercialise Your Feedback in any Airstage® product, specification or other documentation; and (b) You will not give Airstage® any Feedback (i) that You have reason to believe is subject to any patent, copyright, or other intellectual property claim, or right of any third party; or (ii) that is subject to licence terms that seek to require any Airstage® product incorporating or derived from any Feedback, or other Airstage® intellectual property, to be licensed to or otherwise shared with any third party. Feedback can be provided by emailing us at firstname.lastname@example.org or by completing the survey that was shared with You in your welcome email sent by us.
BOOKING, PAYMENT AND CANCELLATION POLICY
The user approaches the desired artist directly via the artist’s Airstage® Beta App profile;
The user sends the artist a booking request, listing all event details in regards to date, time, duration, location, and proposed fee;
The user and artist discuss the booking request details for any questions that may arise or additional information may be needed;
The user updates the discussed booking request details;
The artist accepts the finalised user’s booking request;
Once the booking request has been accepted by the artist, saved on the system and made visible, amendments can still be made, however cancellations may result in a penalty. Penalties and cancellations are discussed in more details further in this policy.
The total amount of the fee outlined in the booking gets blocked on the user’s chosen method of payment three to seven calendar days prior to the event date (depending on the card issuer and how many days prior to the event the booking has been made).
One calendar day after the event, Bluesnap (the third party secure payment software integrated on our platform) transfers the funds, blocked on the user’s payment card used to complete the booking, to the respective recipients. Namely the artist, entitled to an Artist fee equaling 90% of the total fee amount, and Airstage®, entitled to a Handling fee equaling 10% of the total fee amount. These fees are payable by the user initiating the booking.
Artist: If the artist cancels more than 7 calendar days prior to the event, it is the artist’s duty to find a suitable replacement act for the user. Only if successful and the substitute act is accepted by the user, there will be no penalty.
Failure to do so will result in a bad rating and review for the artist, which will have a negative effect and overall decrease the chance of appearing in artist discovery searches on the Airstage® Beta App.
As a compensation to the user Airstage® will recommend or attempt to provide a replacement artist for the already scheduled event.
If the artist cancels within 7 calendar days of the event date, this will result in a bad rating and review, weakened appearance in artist discovery searches on the Airstage® Beta App, as well as temporary or permanent suspension from all Airstage services.
The same applies in the case of a “No-show” or “Late arrival”. Airstage reserves the right to permanently suspend the artist from using all Airstage services if two or more “No-show” or “Late arrival” are associated with the artist’s Airstage® Beta App account.
User: If the user booking the artist cancels more than 7 calendar days prior to the event, it is the user’s duty to offer another performance to the artist in the following month. Only if the new event date is suitable and the artist accepts the new booking request, there will be no penalty.
Failure to do so will result in a bad rating and review for the user, which will have a negative effect and overall limitation of the searchability and discoverability options offered by the Airstage® Beta App.
As a compensation to the artist Airstage® will attempt to provide a replacement performance for the already scheduled event date.
If the user cancels within 7 calendar days of the event date, this will result in a bad rating and review, overall limitation of the searchability and discoverability options offered by the Airstage® Beta App, as well as temporary or permanent suspension from all Airstage® services.
The same applies in the case when the booking has automatically been cancelled by the system due to insufficient funds in the user’s payment card and failure to provide a new payment method. The user is deemed responsible in such a scenario.
Below you can see a recap of the aforementioned:
More than 7 calendar days prior to the event date
The artist has to find a suitable replacement act for the user. Only if successful, and the substitute act is approved by the user, there will be no penalty.
Failure to find a substitute act - a bad rating and review for the artist, as well as weakened appearance in artist discovery searches on the Airstage® Beta App.
User, booking the artist
The user has to offer another performance to the artist in the following month. Only if the new event date is suitable and the artist accepts the new booking request, there will be no penalty.
Failure to offer another performance to the artist - a bad rating and review for the user, as well as overall limitation of the searchability and discoverability options offered by the Airstage® Beta App.
Within 7 calendar days of the event date
Or in the case of "No-show" or "Late arrival" - a bad rating and review, weakened appearance in artist discovery searches on the Airstage Beta App, as well as temporary or permanent suspension from all Airstage ® services.
User, booking the artist
Or in the case of automatically cancelled booking by the system due to insufficient funds in the user’s payment card - a bad rating and review, overall limitation of the searchability and discoverability options offered by the Airstage® Beta App, as well as temporary or permanent suspension from all Airstage® services.
We at Airstage understand that situations beyond our control do happen, such as Force Majeure’ situations. By definition, these can be: "Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, death, illness or other incapacity certified by a properly qualified medical practitioner, epidemic, accident, civil commotion, order of Government or Local Authority having jurisdiction in the matter or changes in law." In case an artist or user cancels a confirmed event booking due to a Force Majeure’ situation, no penalties are to be applied.
APPLE DEVICE USER
The following shall apply to You if You download and/or use the App on an iPhone, iPad, iPod Touch, or other Device provided by Apple, Inc. (Apple), or if You downloaded the App from the Apple, Inc. App Store (the App Store).
CODE OF CONDUCT
You are solely liable for any and all activity on Your account, whether or not You authorised such activity. You agree that:
These Terms (together with the documents to which they refer) contain the whole agreement between You and Airstage relating to the use of the Airstage Beta App and all the Services and supersede all previous agreements between You and Airstage relating to it. You acknowledge that in agreeing to these Terms You have not relied on any representation, warranty or other assurance except those set out herein.