Booking terms and conditions

Effective Date: June 2025

These Booking Terms and Conditions (“Terms”) govern all bookings facilitated through the Gigevate platform between Artists and Organisers. These Terms are legally binding upon digital agreement execution and acceptance of booking terms through the platform and are designed to comply with applicable laws in the European Union, United Kingdom and South Africa.

1. INTRODUCTION

Gigevate B.V. provides a digital platform for discovery, negotiation and secure booking of Artists by Organisers. All payments are protected by escrow through our trusted third-party provider, Trustap. Gigevate facilitates these relationships but is not a party to individual agreements between Organisers and Artists.
These terms apply in addition to Gigevate’s [Terms of Service], [Privacy Policy], and applicable laws.

2. DEFINITIONS

• Platform: Gigevate, a technology service facilitating bookings between Artists and Organisers.
• Artist: A verified user offering performance or artistic services for booking.
• Organiser: A verified user booking artists for events.
• User: Any registered person using the Gigevate platform.
• Booking: A confirmed engagement between an Artist and Organiser via Gigevate.
• Trustap: Gigevate’s third-party escrow partner that securely handles payments and disputes.
• Escrow: The process by which funds are held securely by Trustap until conditions of a booking are met.

3. BOOKING CONFIRMATION

3.1 Booking Flow

• Artists and Organisers negotiate terms via the platform.
• Once terms are agreed, both parties must digitally sign the official Booking Agreement.
• The booking is only considered active once payment is deposited into Trustap’s escrow account.

3.2 Digital Agreement

• Contains performance time, location, fee, rider, cancellation conditions and dispute remedies.
• Binding upon both parties upon digital signature.
• Each party should retain a copy of the signed agreement for record-keeping purposes.

4. PAYMENT TERMS

4.1 Escrow via Trustap

• All payments must be made through Trustap.
• Trustap holds the payment until the performance is completed.
• Payment is released only after both parties confirm successful delivery.

4.2 Payment Deadline

• Payment must be made within 30 calendar days of digital agreement.
• For bookings less than 30 days from the event, payment must be made immediately upon agreement.
• Organisers who delay payment risk automatic booking cancellation, loss of artist availability, and potential account suspension for repeated delays. This ensures fairness for artists who rely on timely payment to prepare and commit to bookings.

4.3 Fee Structure

• Gigevate Booking Fee: Paid by the Organiser. Displayed transparently on the invoice.
• Trustap Escrow Fee: Typically 3.5%, paid by the Organiser.
• Artist Payout Fee: Based on payout method (e.g. PayPal or bank), deducted by Trustap. Artists will be notified of these deductions in advance or within the booking agreement.

5. CANCELLATION POLICY

5.1 By Organiser

• More than 14 days before event: Full refund (minus booking fee).
• Less than 4 days before event: Refund amount is determined based on proximity to event and potential loss to Artist; Trustap will mediate.

5.2 By Artist

• More than 14 days before event: Full refund to Organiser (minus fees).
• Less than 14 days before event: Organiser may raise a complaint within 3 days after the scheduled performance date. Repeated last-minute cancellations may result in platform penalties or account restrictions.

5.3 Force Majeure

• Events such as natural disasters, government orders, strikes or emergencies allow both parties to cancel without penalty.
• Refunds (minus Gigevate and Trustap fees) will be issued.

6. PERFORMANCE AND DELIVERY

6.1 Artist Responsibilities

• Arrive on time, perform full agreed set.
• Deliver performance according to agreed genre, duration and energy expectations.
• Honour technical rider and hospitality requirements.

6.2 Organiser Responsibilities

• Ensure access to venue, technical equipment and hospitality.
• Provide clear logistics and contacts.
• Maintain communication and provide safety and support during the event.
• Organisers are expected to create a safe, respectful and professional environment for Artists. This includes:
  
  • Clear contact person on event day
  • Timely access to venue and backstage
  • Adhering to agreed soundcheck and performance schedules
  • Maintaining respectful conduct throughout

7. DISPUTE HANDLING

7.1 Raising a Complaint

• Both Artists and Organisers may file complaints via the Gigevate dashboard within 3 calendar days of the event.
• Booking status will change to “Under Review”.
• Evidence may include chat records, timestamps, photos, performance logs or witness statements.

7.2 Resolution Process

• Parties are encouraged to resolve the issue via platform chat.
• If unresolved, the complaint is escalated to Trustap.
• Estimated time for resolution by Trustap is typically 5–10 business days, depending on the complexity of the case.

7.3 Trustap Ruling

• Trustap reviews the contract, chat logs, timestamps and submitted evidence.
• Trustap may issue a full refund, partial refund or no refund.
• Decision is final and binding. Gigevate cannot override Trustap’s ruling.

7.4 Unsupported Complaints

• Artistic differences or subjective expectations (e.g. crowd size, vibe) are not valid dispute reasons.
• Complaints must be linked to a breach of contract or delivery failure.
• Examples include:
  
  • Disliking the music selection or set length if it matched the agreement
  • Low audience turnout or lack of crowd engagement
  • Minor delays not affecting the overall performance
  • Equipment issues outside of the Artist’s or Organiser’s contractual responsibility
• Trustap decisions are based strictly on the Booking Agreement and supporting evidence of breach.

8. REFUNDS AND RELEASES

• Payment is released within 1–3 business days after event if no complaint is raised.
• Refunds are processed via Trustap based on cancellation and dispute outcomes.
• Refund delivery time depends on payout method and financial provider.
• Neither Gigevate nor Trustap is liable for delays caused by incorrect payout details or user negligence.

9. BOOKING CHANNEL INTEGRITY

9.1 Exclusive Use Required

• Bookings initiated through Gigevate must be completed through the platform. This ensures platform protection, escrow processing and verified compliance.

9.2 Off-Platform Dealings Prohibited

• Attempting to bypass the Gigevate platform by finalising bookings or payments privately—after initial connection has been made through Gigevate—is a serious violation of platform integrity. This includes messaging to negotiate off-platform, transferring funds outside the escrow system, or requesting contact details to arrange direct deals.
• These actions undermine the protection escrow provides both parties, violate trust within the community, and breach these Booking Terms.

9.3 Enforcement – Three-Strike Policy

• Strike 1: Written warning
• Strike 2: Account suspension
• Strike 3: Permanent removal from the platform

10. CONSUMER RIGHTS & JURISDICTION

10.1 Right to Cancel (EU, UK & SA)

• In line with EU Directive 2011/83/EU, UK Consumer Contracts Regulations 2013 and South African CPA Section 20:
  
  • A 14-day cooling-off period applies from the date of agreement
  • This right is waived if the service has already begun or been fully delivered (e.g. the performance occurred within that window)
  • It does not override Gigevate’s standard cancellation terms unless stricter protections apply

10.2 Governing Law

• South African users: Law of the Republic of South Africa
• UK users: Law of England and Wales
• EU users: Law of your country of residence

11. DATA & PRIVACY

• Payment and personal data are securely processed by Trustap.
• Gigevate does not store or manage card or banking information.
• All usage is subject to Gigevate’s Privacy Policy.
• By using the platform, you consent to the processing of your personal data by Trustap for the purpose of booking, payment and dispute resolution.

12. AMENDMENTS

Gigevate reserves the right to amend these Booking Terms at any time. Changes will apply:

• Immediately for new bookings
• After 30 days for existing bookings

13. ACCEPTANCE

By accepting a booking or entering into a Digital Agreement, both parties:

• Confirm they have read and understood these Terms.
• Acknowledge and accept the role of Trustap.
• Agree to abide by the cancellation, refund and dispute conditions.

14. CONTACT INFORMATION

Gigevate B.V.
Email: gigevate@gmail.com

By registering and using Gigevate, you confirm that you have read, understood and agree to these Booking Terms & Conditions.