3.1 GIG REQUIREMENTS
Hosts are responsible for all aspects of Gigs they host pursuant to a Booking Contract including compliance with all Applicable Laws, obtaining and maintaining all and any licences (including if applicable a PRO licence or equivalent), permissions, consents and arranging appropriate insurance coverage and/or alcohol licence required and all costs incurred by it or on its behalf in connection with the Event.
3.2 BOOKING TYPES
beatvyne is not a booking agent, but a platform that connects Members and facilitates the conclusion of Booking Contracts between them. For example, when a Host books an Artist for a Gig, the contract for Services is between the Host and the Artist. These Terms of Service are your contract with us solely for your use of the beatvyne Service.
beatvyne cannot be held liable for any damage, injuries or theft at the Gig.
beatvyne is not party to any bookings between Members. The contract is made directly between Members (including, but not limited to, Artists, Hosts and Fans). An exception is when beatvyne is involved in the management or production of the Gig.
All Members may have additional Terms and Conditions relating to the provision of their Services, which must be provided to each party.
The Member shall consult and collaborate with the other parties involved in the Gig booking in relation to the Services and shall comply with any instructions of the Member in respect of the Services, including without limitation, instructions as to agreed arrival time, performance schedule, provided equipment and any requested material the Artist should perform at the Gig.
3.2.1 Direct Booking
beatvyne receives a Booking Fee as outlined in paragraph 1.1 from the Members that are party to the Gig for the facilitation of each Booking.
The Booking Fee is applied to the Artist and/or Service Provider Fee as an additional charge for the Host and deducted from the payable amount to the Artist and/or Service Provider.
Following an enquiry by the requesting party, the Member shall either accept the offered Fee or provide the requesting party with an alternative quote for their Services.
3.2.1.1 Fees and Payment
Booking Fees payable by a Host under a Direct Booking Contract shall be set out in an accepted Quote.
The Booking Fee is payable by the Host to beatvyne immediately upon completion of the Booking.
The Artist and/or Service Provider Fee is payable by beatvyne no more than 10 days after the Event Date.
3.2.1.2 Cancellation
If a direct booking is cancelled by the Host
- 28 days or more in advance to the Event Date, 100% of the Booking Fee is refunded to the Host after deduction of the Payment Processing Fees to beatvyne;
- between 21 and 14 days in advance of the Event Date, the Host will receive a refund of 50%. Each other party to the Booking receives a percentage of the remainder based on their agreed Service Fee for the Gig after deduction of the applicable Booking Fee to each Member and any Payment Processing Fees;
- 14 and 7 days in advance of the Event Date, the Host gets a refund of 15%. Each other party to the Booking receives a percentage of the remainder based on their agreed Service Fee for the Gig after deduction of the applicable Booking Fee to each Member and any Payment Processing Fees
- 7 days in advance of the Event Date, there is no refund for the Host. Each other party to the Booking receives a percentage of the remainder based on their agreed Service Fee for the Gig after deduction of the applicable Booking Fee to each Member and any Payment Processing Fees.
If a direct booking is cancelled by another Member that is a party to the Booking
- 100% of the Booking Fee is refunded to the Host. The cancelling Member must pay all Booking and Payment Processing Fees to beatvyne.
3.2.2 Ticketed Gig
3.2.2.1 Fees and Payment
beatvyne receives a Booking Fee as outlined in paragraph 1.1 from the Members that are party to the Gig for the facilitation of each Booking. The setup of Ticketed Gigs is only available between Hosts and Artists.
beatvyne receives the according percentage of Booking and Payment Transaction Fees from the Ticket Revenue generated at the Gig. The Host receives a maximum percentage of 30% from the Ticket Revenue at the Gig. The Artist(s) receive a percentage of the remainder from the Ticket Revenue generated at the Gig based on their agreed Service Fee for the Booking.
If a Member wishes to include Service Providers to this Booking, they will need to be treated as a Direct Booking.
Following an enquiry by the Host, the Artist(s), along with the Host, will agree on a Service Fee for the Gig, which is accumulated into the ticket price. The Host will need to factor in any setup/production into the final ticket price as well. Both Artist(s) and Host agree on a fixed percentage split of the Ticket Revenue generated from the Gig in accordance with the Fees incurred for each involved Member.
The Host will pay a 10% deposit of the total allocated Ticket Revenue, to secure the booking of the Artist. This deposit is refunded to the Host once the Gig takes place and the appropriate amount of tickets are sold.
Fees payable by Fans after a Ticket Purchase shall be set out in a Listing.
The Fee is payable by the Fan to beatvyne immediately upon Ticket Purchase; and following receipt of the Fee from the Fan, we shall:
- deduct from the Fee the beatvyne Ticketing and Payment Processing Fees; and
- pay the remainder of the Fee to the Members who are party to the Booking no more than 2 days after the Gig.
3.2.2.2 Cancellation
If a Ticketed Gig is cancelled by the Host
- 28 days or more in advance to the Event Date, 100% of the deposit is refunded to the Host after deduction of the Payment Processing Fees to beatvyne;
- between 21 and 14 days in advance of the Event Date, the Host will receive a refund of 50% of the deposit. Each other party to the Booking receives a percentage of the remainder based on their agreed Service Fee for the Gig after deduction of the applicable Booking Fee to each Member and any Payment Processing Fees;
- 14 and 7 days in advance of the Event Date, the Host gets a refund of 15% of the deposit. Each other party to the Booking receives a percentage of the remainder based on their agreed Service Fee for the Gig after deduction of the applicable Booking Fee to each Member and any Payment Processing Fees;
- 7 days in advance of the Event Date, there is no refund to the Host. Each other party to the Booking receives a percentage of the remainder based on their agreed Service Fee for the Gig after deduction of the applicable Booking Fee to each Member and any Payment Processing Fees.
If a ticketed gig is cancelled by another Member that is a party to the Booking
– 100% of the deposit fee is refunded to the Host. The cancelling Member must pay all Booking and Payment Processing Fees to beatvyne.
All revenue from tickets sold will be refunded in full to each Fan.
3.3 Automatic right to cancel under the Consumer Contracts Regulations
Please note that Hosts that are not businesses do not have automatic rights to cancel a Booking Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or other equivalent or replacement legislation that may apply from time to time. The applicable parts of this legislation do not apply to contracts for the provision of services related to leisure activities if the Booking Contract provides for a specific date or period of performance.
Other Members (including, but not limited to, Hosts and/or Artists) may cancel or amend their Booking Contracts in accordance with paragraph 3.4.
3.4 Refunds, Cancellations and Complaints
Booking Contracts are made between Members and therefore refunds, cancellations and complaints in relation to the Fee, Services or any other aspect of the Booking Contract are between the Members that are party to the Booking.
All refunds, cancellations and complaints between Members party to a Booking shall be subject to the Refunds, Cancellations and Complaints terms stated in beatvyne’s Bookings Policy, which shall apply to and be incorporated into all Booking Contracts as a condition of use of beatvyne. For the avoidance of doubt, to the extent of any conflict between these terms and any Artist Terms, the terms for Refunds, Cancellations and Complaints stated herein shall apply.