GENERAL TERMS AND CONDITIONS VISITORS ACCELERATOR EVENTS

 

Chapter 1 General

Chapter 2 Visiting Events

Chapter 3 The purchase of Tickets and products and/or services of Third Parties

Chapter 4 Final provisions


CHAPTER 1 GENERAL

 

Article 1 Definitions

 

“General Terms and Conditions”:

These general terms and conditions, which apply to every legal relationship between

a Visitor and an Organizer with regard to the visiting of an Event with a Ticket, the

purchase of a Ticket and the related purchase of a product and/or service (of Third

Parties) on the Website;

“Visitor”:

The visitor of an Event, or the person who buys a product and/or service (of Third

Parties) related to an Event on the Website, according to the meaning of the

provisions of these General Terms and Conditions. The Visitor is always a consumer

who is not acting in the course of a profession or running of a business, or on behalf

of these, and is the party designated by law as the “other party” in Section 6:231(c) of

the Dutch Civil Code;

“Third Party(s)”:

Every party that sells a product or provides a service related to the Event, not being

the Organizer or otherwise part of Accelerator Events;

“Event”:

Any event, single- or multiday, in- and/or outside – including a festival and any

associated camping facilities – organized by the Organizer in the Netherlands at its

own expense and risk and for which this Organizer uses these terms and conditions in

relation to Visitors;

“Organizer”:

The company related to the Event as referred to in Article 2.2, that is user of these

General Terms and Conditions on the grounds of section 6:231 sub b Dutch Civil

Code in relation to the Visitor for whom this company is responsible in every respect

and the contracting party of the Visitor. The Organizer has activities of its own, such

as the Website and/or Event.

“Ticket”:

An Admission Ticket that provides the Visitor the right to attend an Event. This can

either be a physical ticket or a digital ticket with barcode;

“Website”:

Each website of the Organizer as exploited and offered by the legal entity concerned,

on which the Visitor can find information about an Event and on which or through

which the Visitor can buy Tickets and related products and/or services (of Third

Parties);

Article 2 Accessibility and application of these General Terms and Conditions

 

2.1 The General Terms and Conditions are applicable if the visitor visits an Event with

a Ticket, purchases a Ticket and/or a related product or service (of Third Parties) on

the Website. The terms and conditions are declared applicable prior to the Visitor’s

purchase of a Ticket and/or product or service. By purchasing a Ticket, by visiting an

Event with a Ticket and/or by buying a product and/or service (of Third Parties) on

the Website, the Visitor accepts these General Terms and Conditions. The General

Terms and Conditions also apply if the Ticket, regardless of the manner, was acquired

through a third party.

2.2 The Organizer of Accelerator Events is registered with trade registration number

91426804. Accelerator Events can be contacted during office hours via the following

email address: info@acceleratorevents.nl. Each Event can be contacted via its own

website and/or its own email address, including but not limited

to info@acceleratorevents.nl.

2.3 During the purchase of a product and/or service (of Third Parties) and/or a Ticket

on the Website, the Visitor has the possibility to access the General Terms and

Conditions before he proceeds to conclude the agreement electronically.

2.4 These General Terms and Conditions solely apply to private persons and

specifically exclude parties acting in their capacity as professional contracting parties

in relation to the Organizer. The legal relationship between the Organizer and a

professional contracting party is subject to alternative terms and conditions.

Article 3 Amendment or addition terms and conditions

 

3.1 The Organizer is at all times entitled to amend or complement the General Terms

and Conditions. The amended version will in that case be published on the Website.

As of the date of publication, the amended terms and conditions will be applicable. If

an amendment or addition significantly affects the rights or obligations of the Visitor,

the Organizer will either notify the Visitor of the amended terms and conditions by

way of email or by clearly bringing it to the Visitors attention during the visit of the

Event and/or the Website.

3.2 If the Visitor visits the Event and/or purchases a Ticket or products and/or services

(of Third Parties) on the Website after amendment of or addition to the General

Terms and Conditions, the Visitor thereby irrevocably accepts the amended or

complemented General Terms and Conditions. If the Visitor does not wish to accept

these amended or complemented General Terms and Conditions, the Visitor must

immediately cease the use and visitation of the Website and/or Event(s) or the

purchase of the Tickets or products and/or services (provided by Third Parties) on the

Website.

CHAPTER 2 VISITING EVENTS

 

Article 4 Ticket

4.1 Access to the Event is only obtained by showing a valid and undamaged Ticket.

People wishing to enter the Event may be requested and will then be obliged to show

proof of identity due to checks on the age limit (if applicable). In the event, after

entry, the Visitor leaves the Event or its location, the Ticket will automatically lose its

validity.

4.2 People younger than 18 will simply be refused entry to the Event, unless explicitly

otherwise determined by the Organizer, for example in case a different legal drinking

age is used, in which case the Organizer will not be obliged to refund the amount of

the Ticket.

4.3 Tickets are and remain the property of the Organizer. The Ticket gives the holder

the right to attend the Event. Access is given only to the first holder of the Ticket

scanned at the entrance of the Event. The Organizer may presuppose that the holder

of this Ticket is also the person who has a right to it. The Organizer is not obliged to

perform any further verification of Tickets. The Visitor must take responsibility for

ensuring that he is and remains the (sole) holder of the Ticket issued by the Organizer

or by an advance sales address that it has engaged.

4.4 As of the time that the Ticket has been provided to the Visitor, the Visitor bears

the risk of any loss, theft, damage or misuse of the Ticket. The Ticket is only supplied

once and gives access to only one person.4.5 The Organizer reserves the right to set a maximum on the number of Tickets to be

ordered by a Visitor, in that case the Visitor is obliged to comply with such maximum

number.

4.6 Solely purchases at the authorized (pre)sale addresses or with the Organizer

guarantee the validity of the Tickets. The burden of proof in this regard rests on the

Visitor. The Ticket may consist of a barcode provided to the Visitor via electronic

communication (e-mail). In the event the Visitor has chosen to receive the Ticket in

this manner, the Visitor must ensure that the Ticket can be provided by electronic

communication and that it can be provided in a safe manner. Organizer cannot

guarantee the confidentiality of the issued Ticket or guarantee the receipt of the

admission ticket. Scanning the Ticket from a mobile device of the Visitor is done at

the sole risk of the Visitor. Organizer cannot be held liable in the event the Ticket

cannot be scanned and the Visitor is not entitled to a refund of the amount of the

Ticket and/or compensation in this case.

4.7 The Organizer reserves the right to cancel orders in the event of clear errors in

pricing, availability, or description of tickets, such as a price of €0 or a price that

evidently deviates from market value. In such cases, customers will be notified as

soon as possible, and any payments made will be fully refunded. By placing an order,

the customer acknowledges and agrees to these terms.

4.8 It is not possible for a Visitor to request a refund from the Organisation for any of

the tickets sold in the official ticketshop of the Event, as the tickets are non-

refundable (unless otherwise agreed, e.g. by taking out refund insurance directly from

the ticket sales platform. Conditions for this apply and vary per ticket platform. Read

the Eventix refund policy here, for most Dutch shows)

Article 5 Prohibition against Resale, etc.

5.1 It is not allowed to buy Tickets for the Organizer’s Event with the intention to

resell the Tickets. If the Organizer finds out, they have the right to reverse the

transaction. The Organizer has set a maximum number of 5 Tickets per Visitor per

Event in the ticket shop. This way everyone has a fair chance to buy a Ticket for the

original ticket price. If the Ticket buyer / Visitor violates these rules on reselling more

often than not, they have the chance to be banned from all Accelerator Events events

and their ticket sales.

5.2 The Organizer may appoint an authorized resale platform (e.g. an additional

official sales channel) for Tickets for the Event, which could be an online secondary

ticket marketplace. The Organizer reserves the right to determine the exact moment

when this resale platform will be made available. Reselling Tickets on any sales

channels other than the ones appointed by the Organizer is strictly forbidden. Access

to the Event may be refused for a Visitor holding a Ticket purchased from anunauthorized source. The Organizer cannot be held liable nor can any damages be

claimed resulting from the sale or purchase of a Ticket (including the validity of a

Ticket) for the Event via any sales channel.

5.3 The Visitor is not allowed to make any type of advertising or any other kind of

publicity relating to the event or any part of it.

5.4 The Visitor who transfers on his Ticket to a third party is obliged to impose on the

one to whom he transfers the Ticket the obligations that rest on him as Visitor, as

reflected in these General Terms and Conditions. Transferor remains responsible vis-

à-vis the Organizer for the compliance of this person with the same obligations.

5.5 If the Visitor does not comply with his obligations as reflected in the preceding

paragraphs of this article and/or cannot guarantee them, the Visitor will forfeit to the

Organizer an immediately payable penalty of € 5.000,- per violation and € 2.000,- for

each day that the violation has continued or continues, without prejudice to the

Organizer’s additional right to demand compliance from the Visitor and/or

compensation of loss suffered or to be suffered.

5.6 Should the Visitor not comply with the provisions of these General Terms and

Conditions, the Organizer is entitled to invalidate/cancel the Tickets or refuse the

Visitor (further) access to the Event without the Visitor being entitled to

reimbursement of the amount that he has paid the Organizer, directly or via an

advance sales address, for the Ticket (including service fees). The holders of any such

Tickets will be denied entry to the Event, without any right to compensation.

Article 6 Searches and camera surveillance

6.1 The Organizer is entitled to search or arrange for Visitors to the Event to be

searched before entering and/or during the Event. If the Visitor refuses to be

searched, he may be refused entry to the Event or may be immediately removed from

the Event, without any right to a refund of the amount of the Ticket.

6.2 Cameras may be available that make recordings of the area/the venue where the

Event takes place, for the purpose of surveillance and safety.

Article 7 Prohibited items

7.1 At the risk of confiscation, a Visitor may not bring, either for himself or another

person

or have in his possession – at the Event venue, any professional photography-, film-

drone-, sound- and/or other recording equipment of any nature, glassware, plastic

bottles, (alcoholic) beverages, selfie sticks that if extended are longer than 1.5 meter

and/or constructions that are not intended for that purpose, food, drugs (amongothers drugs that are listed on list I and II of the Opium Act), nitrous oxide

(cartridges), cans, fireworks, animals, weapons and/or dangerous objects (including –

but not limited to – spray cans or CS gas) or use such items prior to or during an

Event. The venue of the Event may apply other and/or additional policies which apply

to this article and the Event, which in that case also applies to the Event. Confiscated

items will not be returned.

7.2 Any Visitor who breaches this prohibition may moreover be refused entry or

further access without any right to a refund of the amount of the Ticket, or may be

removed from the Event and/or handed over to the police. The Organizer has the

right to destroy the confiscated items.

Article 8 Refusal of entry

The Organizer reserves the right to refuse specific people entry or further access to

the Event or to remove them from the Event and/or hand the Visitor over to the

police if it deems this necessary for maintaining public order and safety during the

Event and/or there is a violation of an article from these General Terms and

Conditions. This also applies if a Visitor wears or carries clothing, texts or signs which,

in the opinion of the Organizer, may be offensive, discriminating, insulting to or cause

aggression or unrest among other Visitors or does not comply with dress code as

specified by the Organizer, as well as to undressing during the Event (including but

not limited, for instance, to exposing the upper part of the body). Even if a Ticket is

likely to be counterfeit, the Organizer is entitled to refuse to admit the holder of this

Ticket to the event without the Visitor or this holder being able to claim any

compensation for any loss that this may cause him or restitution of the amount of the

Ticket.


Article 9 Film and video images


9.1 Recording the Event in a professional and/or commercial form, including

photographing, filming (including drones), making sound and/or image recordings,

as well as reprinting and/or copying from the programme booklet, posters and other

printed materials is not permitted without the express, prior and written consent of

the Organizer.


9.2 In the event registrations have been made of part of the Event by the Visitor using

non-professional recording equipment (such as a smartphone), these registrations

are strictly for their own use and may not be used and/or made available to the

public commercially in any way.


Article 10 Own risk / liability


10.1 The Visitor enters the Event venue, which may include any car park and/or

camping site(s) and shuttle buses that are used to transport Visitors to the Event’s

entry point, and attends the Event at his own risk. Organizer cannot be held liable for

any damage which the Visitor has suffered in this regard.


10.2 The Visitor is expressly aware that loud music will be played during the Event.

The Organizer advises Visitors to occasionally give their hearing a rest during the

Event by going to an area where no music is being played and to wear ear protection

at all times. Organizer accepts no liability for hearing loss, damage to sight, blindness

and/or other bodily injury and/or damage of goods, such as but not limited to

clothing, whether or not brought by other visitors to the Event.


10.3 Organizer is solely liable for damage to the Visitor resulting from a shortcoming

attributable to the Organizer. The total liability of Organizer is always limited to the

compensation for the reasonable, demonstrable and direct out-of-pocket damage

and costs of the Visitor, provided that this liability is always limited to the amount

covered by the legal liability insurance of the Organizer.


10.4 Liability of Organizer for indirect damage, including consequential loss,

intangible damage, loss of profits, lost savings and / or damage due to company

stagnation is excluded.


10.5 The Visitor is obliged to report any damages to the Organizer within 24 hours of

the Event via the email address as referred to in Article 2.2, on penalty of expiry for

any claim of damages.


10.6 In the event the Organizer directly or indirectly engages subordinates, non-

subordinates, assistants, third parties or other persons for the performance of the

agreement, any liability of the Organizer pursuant to article 6:76, article 6:171 and

article 6:172 of the civil code are excluded and Organizer is not liable for damages

caused by these persons.


10.7 The Visitor shall indemnify the Organizer for all claims of third parties in respect

of damages for which the Visitor is liable against such third parties under the law. The

Visitor shall compensate Organizer for any damage, including all legal costs incurred

by Organizer, resulting from any claim from those third parties.


Article 11 Programme


The Organizer will aim for the Event programme to be carried out in accordance with

the announced schedule as far as possible. It is however not liable for deviations from

this schedule and any resultant damage to Visitors and/or third parties. The Organizer

is not liable for the content of the Event programme or how it is performed, expresslyincluding the length of the programme/performances by artists. The starting time

mentioned on the Ticket is subject to change.


Article 12 Further rules


12.1 The Visitor to the Event is obliged to comply with the regulations, internal rules,

any amendments thereof and the instructions of the Organizer, the transport firm

that runs the shuttle bus, the operators of the parking space, the operators of the

Event venue, the security staff, fire brigade, police and other authorized parties.

Security cameras may be present at the Event venue.


12.2 If the Visitor fails to comply with an order or breaches a rule prohibiting certain

behavior, he will be immediately removed by the security staff. Specific rules may

apply to the site or venue of any Event and will be announced or published on site. If

possible, these rules will also be published in advance on the Website.


Article 13 Cancelling or moving the Event in case of force majeure


13.1 In case of force majeure in the broadest sense, which in this regard also includes

the illness and/or withdrawal of the artist(s), strikes, global health concerns,

epidemics, terrorist threat, decision to cancel by the competent authority, fire, bad

weather conditions etc., the Organizer will be entitled to move the Event to another

date or location or to cancel the Event.


13.2 The Organizer will not be responsible for damage arising from moving or

cancelling the Event, as referred to above. If the Event is moved or cancelled, as

referred to above, the Organizer will publicize this fact as far as possible in the

manner that it deems appropriate, including among others through mentioning the

applicable terms for a refund on the Website. The Organizer is only obliged in case of

full cancellation to refund the admission fee as mentioned on the Ticket, but not the

service fees and any incurred travel and accommodation costs, to the Visitor at his

request. This applies in the event the Ticket was bought by the Visitor at the

authorized (pre)sale addresses of the Organizer, and is not applicable in the event the

Visitor bought the Ticket at any other sales platform, including but not limited to

online secondary ticket marketplaces.


13.3 The (partial) refund will only be made, within a reasonable period after the date

of the cancelled Event, if the Visitor produces a valid, undamaged Ticket which proves

that it was bought by the Visitor, in the manner stipulated and announced by the

Organizer (or the party that processed the Ticket payment) by means of channels that

it will announce.


13.4 Accelerator Events is not obliged to refund tickets in situations such as artist

cancellations or illness, change of timetable or other acts of force majeure such asweather conditions, strikes, global health concerns, epidemics etc. As long as the

Event takes place, no refunds can be made.


13.5 In the event the Event has to be cancelled due to or in connection with force

majeure, the Organizer will be required to refund only a part of the fee as specified

on the Ticket, or, failing that, only a part of the amount of the Ticket that the Visitor

has paid via the authorized (pre)sale addresses. Service fees or other damages will

not be refunded. Neither is the Visitor able to claim (replacement) access to a

different event.


13.6 In the event the Event is rescheduled by the Organizer due to force majeure, the

Ticket will remain valid for the new date that the Event is moved to. If the Visitor is

not able to attend the Event on the new date, he is entitled to submit his Ticket at the

(pre) sale address against refund of the amount of the Ticket (excluding service fees)

that the Visitor has paid via the authorized (pre)sale addresses. This refund will only

take place if the Visitor is able to deliver a valid and undamaged Ticket on time to the

(pre)sale address, as specified on the Website.


Article 14 Image and sound recordings


14.1 The performers and/or Organizer is for commercial purposes authorized to make

or arrange for image and/or sound recordings to be made of the Event and the

Visitors to the Event and to reproduce and/or publicize or arrange for the publication

of these recordings in any form and in any manner. By obtaining a Ticket to the Event

and/or entering the Event venue, the Visitor unconditionally consents to the

aforementioned recordings being made and to the processing, publication and use

thereof, in the broadest sense, without the Organizer or any of its affiliated

companies being liable to pay any compensation to him at any time.


14.2 The Visitor hereby irrevocably renounces any interest that he could have in the

aforementioned recordings. Insofar as the Visitor has any copyright, neighboring

rights and/or portrait rights to the aforementioned recordings, he hereby

unreservedly assigns these rights to the Organizer and hereby irrevocably renounces

his personality rights and/or will not invoke these rights. In the event this transfer is

not legally valid in advance, the Visitor is obliged at first request of the Organizer to

give written notice of said permission and/or sign a deed of transfer to transfer these

rights for free to the Organizer.


Article 15 Smoking at events


15.1 It is not permitted for the Visitor to (e)smoke outside the designated smoking

area on an Event that is organized by the Organizer on an inside location. If an Event

takes (partly) place outside, (e)smoking is only permitted in the open air. Inside (in(temporary) buildings, constructions, tents and/or under a roof) (e)smoking is

explicitly prohibited on any Event.

The Organizer will take reasonable steps to make Visitors aware of the smoke free

nature of the Event, but cannot warrant that the Event will be entirely smoke free. The

Visitor will not be entitled under any circumstances to a refund of the amount of the

Ticket or to any other compensation if the Event is not entirely smoke free.


15.2 If a ban or command on smoking is breached, the security staff can to the extent

possible immediately remove the Visitor insofar as possible and any fines imposed on

the Organizer because of the Visitor’s breach will be recovered from the Visitor.


Article 16 Tokens & digital coins


Tokens and/or digital coins purchased during an Event will only be valid for that

Event. The Organizer is not obliged to refund the purchase price of tokens and/or

digital coins after the Event. The Event can use different methods, such as a cashless

system, cash cards, wristband etc. If an Event venue uses different methods, the

general terms and conditions of the Event venue will apply with regard to payment

options during and after the Event. These conditions may differ from what is stated in

this article of the General Terms and Conditions.


Article 17 Lockers


The Organizer (hereafter in this article, “The Organizer”) has the choice to provide the

Visitor the possibility to rent a locker at the Event. A locker is a storage area for

objects, clothes, bags, cash and/or securities of the Visitor, for which the Visitor will

receive a personal code. With this code, the Visitor can open and close the locker. On

the use of the locker by the Visitor additional general terms (of a third party) may

apply, to which general terms the Visitor agrees at the time of renting the locker. The

Organizer will not be liable for loss and/or theft and/or use by another of the

personal code. Therefore, the Visitor should always keep the code for himself and the

Visitor is recommended to not store any valuables in the locker.


Article 17 Opening hours


The door opening hours apply to all events organized by the Organizer and can be

found on the info website page for the specific event. In most cases, the doors are

not open for the entire event and will close at a certain time. If the doors are closed,

the Organizer may refuse entry to the Visitor. Therefore, the Visitor is advised to

arrive on time.


CHAPTER 3 THE PURCHASE OF TICKETS AND PRODUCTS AND/OR SERVICES OF THIRD

PARTIES


Article 18 Purchase of Tickets


18.1 If the Visitor purchases a Ticket for an Event of the Organizer, the payment and

delivery for this Ticket will usually be handled for the Organizer by a third party, such

as Eventbrite. This third party may apply its own terms and conditions which are

applicable to the payment and delivery of the Ticket. The Organizer is not responsible

for the content of these terms and conditions.


18.2 The Organizer that manages the Website is in no way liable for errors,

malfunctions or defects in or upon payment by this third party(s) to the Website

and/or to the third party website.


18.3 The Visitor cannot return the purchased Ticket, because an exception for the

right of withdrawal applies on the grounds of section 6:230p under e Dutch Civil

Code. By purchasing a Ticket, the Visitor enters into an agreement with the Organizer

to perform a service for leisure activities – the Event – whereby the contract includes a

specific point in time for performing the service, namely the specific date and time of

the Event. Prior to purchasing a Ticket, the Visitor is informed about the exclusion of

the right of withdrawal via the Website.


Article 19 Conditions for agreements with Third Parties


19.1 Via the Website products and/or services of Third Parties are offered that relate

to the Event, whether or not via a hyperlink to the website of the Third Parties

concerned. If the Visitor decides to purchase the products and/or services offered by

Third Parties, the Visitor will enter into a (purchase) contract with the Third Party

concerned and general terms and conditions of this Third Party may be applicable.

The Third Party concerned is then liable for the performance of any obligation with

respect to the Visitor.


19.2 Although the Organizer chooses Third Parties with due care, the Organizer is not

a party to any agreement between the Visitor and the Third Party. The Visitor

indemnifies the Organizer against any claim for costs or damages that may arise from

an agreement between the Visitor and Third Party.


Article 20 Trips, transport and airline tickets


20.1 The Visitor may be offered trips for booking Tickets for domestic and foreign

events via the Website, which will be booked and handled by Third Parties. When

purchasing such a trip, the Visitor enters into a transport agreement with this thirdparty. Although the Organizer chooses the Third Parties with care, it is not a party to

any agreement between the Visitor and the Third Party.


20.2 The Visitor indemnifies the Organizer against any claim for costs or damage that

may arise from an agreement between himself and the Third Party. Any applicable

General Terms and Conditions of the Third Party may always be requested on the

website of this third party.


Article 21 Offers made by stand holders at an Event


The Visitor to an Event of the Organizer may be offered products and/or services at

that Event by Third Parties with a stand, such as food or beverages, merchandise

items or other products such as sunglasses or clothing, or by providers of

(fairground) attractions. Although the organizer chooses these Third Parties with care,

it is not a party to any agreement between the Visitor and the Third Party. The

Organizer will not be liable under any circumstances for any damage arising from the

purchase or procurement of a product or service by the Visitor, including a

(fairground) ride of the Third Party. The Visitor indemnifies the Organizer against any

claim for costs or damage that may arise from an agreement between himself and

the Third Party. Any applicable general terms and conditions of the Third Party may

be requested from this third party.


CHAPTER 4 FINAL PROVISIONS


Article 21 Further user rules


21.1 Visitors of the Website are at all times obliged to comply with the regulations,

any amendment of the regulations and any instructions and user rules of an

Organizer as published on the Event venue and/or camping site and/or the Website.


21.2 Insofar as the Visitor of the Website does not comply, does not comply fully

and/or does not comply on time with the user rules, the Organizer may, depending

on the specific circumstances, suspend its obligations, terminate the agreement

without being liable to pay any compensation, or claim specific performance.


Article 22 Information on the Website


Although the Organizer pays great care and attention to the provision of information

on the Website, it cannot give any guarantee in relation to the nature and content of

the information and is in no way liable for the content and consequences of using

that information. Insofar as there are hyperlinks on the Website to offers, products,

material or the website of a Third Party, the Organizer is neither responsible nor liable

for the functioning of that hyperlink, the access to or content of the information of

such a website.


Article 23 Force majeure


Notwithstanding its possible other rights, the Organizer is entitled in case of force

majeure to postpone the performance of any agreement or to terminate it out of

court, without being liable to pay any compensation. Force majeure includes any

breach that cannot be attributed to the Organizer, because it is not accountable by

law, a legal act or according to generally accepted standards, as is set out in Article

13.


Article 24 Liability


24.1 The Organizer will not be responsible under any circumstances towards the

Visitor or third parties for errors, limited information or details on any Website except

in case of intent or willful recklessness towards the Visitor. The Organizer or Third

Parties involved in the performance of any service or agreement will not be liable

under any circumstances for damage, costs, lost profits, losses, consequential

damage, loss of privacy or loss of data for any direct or indirect use or functioning of

the Website.


24.2 The Organizer expressly does not warrant the Visitor that the Website, parts

thereof or functions pertaining thereto will always function flawlessly, function

according to the description or be available for use. On account of the internet

connection, the resultant link to many unknown third-party internet users and

possible attacks by hackers or others, the Organizer can likewise not warrant that the

Website or the server that it uses will always be free of viruses, bugs or other faults or

defects. The Visitor should also take reasonable measures himself to ensure that his

computer is protected against viruses and the like.


24.3 The Organizer will not be liable under any circumstances for the Visitor following

any link or hyperlink to a Third Party website or for the Visitor entering into any

agreement with this Third Party. The Organizer will likewise not be liable under any

circumstances for the messages posted by others on any forum or via any social

medium that cause material or immaterial damage to the Visitor in any way.


24.4 Organizer cannot be held liable for theft and/or loss of properties of the Visitor

at the Event venue and/or camping site.


Article 25 Personal Information

 

The Organizer uses personal information of its clients and Visitors of the Website

according to its privacy statement and in accordance with the General Data

Protection Regulation and the Implementing Law General Data Protection Regulation.

Earlier mentioned privacy statement is available on the Website.


Article 26 Intellectual property rights

 

26.1 Everything that is made available on the Website, social media and during the

Event or which belongs thereto, including music files, artists’ names, label names,

streamings, downloads, software, designs, drawings, logos and trademarks forms part

of the intellectual property of the Organizer or any licensor thereof by law or on the

basis of an agreement.

 

26.2 The Visitor must recognize these intellectual property rights at all times and

observe and comply with all restrictions placed on the use of protected works by law.

Nothing in these General Terms and Conditions is meant to transfer, or to provide a

license of, any intellectual property rights to the Visitor.


26.3 The provisions of the Dutch Copyright Act and other intellectual property laws

apply fully at all times to any use and take precedence over these user rules:


1. the Visitor may only make normal private use of a product after he has paid for

it in the normal way indicated on the Website. Any act of the Visitor which

circumvents, changes or otherwise avoids the method of payment is

prohibited. The Visitor may not otherwise reproduce, alter, upload, play in

public, display, make available to third parties, perform, sell, resell, misuse, etc.

a download or any other material from the Website as all these acts are

reserved for the entitled parties. The Visitor may not adjust, circumvent,

decrypt, encrypt or disrupt any software, files or payment procedures;


2. the Visitor is allowed to make normal use of any product file that he has

lawfully purchased, according to the procedures indicated on the Website. It is

permissible to make a private copy, create a copy on another computer of

music and other files that have been downloaded and purchased according to

the rules, but only for personal and non-commercial use. Making copies

available to third parties is not allowed under any circumstances;


3. the security method as applied to software also explicitly belongs to the

protected portions of the Website;


4. the delivery of any file purchased by the Visitor does not entail any assignment

or licensing of a right to the Visitor to promote or exploit that file.


26.4 If it is established that a Visitor has breached the statutory rules, the Organizer is

within its rights to inform the entitled party hereof, which can then institute legal

action against the Visitor.


Article 27 Replacement clauseIf and insofar as any provision of these General Terms and Conditions is inconsistent

 

with any statutory rule, this will not affect the other provisions of the General Terms

and Conditions. The provision in question will cease to exist and be replaced by a

provision that approximates the original one as closely as possible as regards content

and nature and which is permitted by law.


Article 28 Applicable law and jurisdiction

 

Dutch law applies to these General Terms and Conditions. The Amsterdam District

Court has jurisdiction to take cognizance of disputes relating to these General Terms

and Conditions, an agreement or the performance thereof, unless another court has

jurisdiction pursuant to the law.


Article 29 Alternative dispute resolution regarding online purchase

 

In the event there is a dispute between the Visitor and the Organizer with regard to

an online purchase and the Visitor and the Organizer are unable to resolve the

dispute amicably, the Visitor has the right to file a complaint against the Organizer via

this link: http://ec.europa.eu/consumers/od.