GENERAL TERMS AND CONDITIONS
CHAPTER 1: GENERAL
ARTICLE 1: DEFINITIONS
“Organizer”: Libéma Entertainment BV & IAMHARDSTYLE Events B.V., the user of these General Terms and Conditions in the Agreement with the other party, the Visitor, in connection with access to the Event and responsible for the organization of the Event.
“Visitor”: A visitor to an Event or the Website of Libéma Entertainment BV & IAMHARDSTYLE Events B.V.
“Event”: Any type of event, including a festival and all associated facilities, organized by the Organizer in the Netherlands and in respect of which the Organizer applies these General Terms and Conditions towards the Visitor. The Event is part of and is organized by the Organizer and has its own activities, such as its own website.
“Agreement”: The agreement between the Organizer and the Visitor concerning the use of the Website, access to the Event and the house rules during the Event.
“Admission Ticket”: The proof of admission to the Event, whether physical or electronic.
“Website”: The website of the Event or otherwise linked to the Event.
ARTICLE 2: GENERAL PROVISIONS
2.1 These General Terms and Conditions apply to every legal relationship between the Visitor and the Organizer.
2.2 These General Terms and Conditions form part of the Agreement.
2.3 The Agreement applies exclusively to consumers and expressly does not apply to professional parties. The Visitor is always a consumer who does not act in the course of a profession or business, or on behalf thereof, and is described by law as the “other party”.
2.4 COVID ENTRY CERTIFICATE / EU DIGITAL COVID CERTIFICATE: The purchaser or Visitor is not entitled to a refund of the purchase amount if the purchaser or one of the Visitors for whom the purchaser purchases an Admission Ticket and/or other product is not vaccinated or is able to present a negative test for admission, if this is required by government measures in order to gain access to the Event.
ARTICLE 3: PUBLICATION AND APPLICATION OF THESE GENERAL TERMS AND CONDITIONS
3.1 These General Terms and Conditions have been filed with the Dutch Chamber of Commerce under Libéma Entertainment BV & IAMHARDSTYLE Events B.V.
3.2 These General Terms and Conditions are also available to and downloadable by the Visitor via the Website.
ARTICLE 4: AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions may be amended. An amended version will be published on the Website and filed with the Dutch Chamber of Commerce. The amended General Terms and Conditions apply from the date of publication. If the Visitor does not wish to accept the amended General Terms and Conditions, the Visitor must cease purchasing or using services or products from the Organizer.
CHAPTER 2: PRIVACY POLICY AND WEBSITE
ARTICLE 5: PRIVACY PROVISIONS
5.1 The Organizer respects the privacy of every Visitor to the relevant Website and the Event and ensures that the Visitor’s personal data is treated confidentially and with due care.
ARTICLE 6: USE OF VISITOR DATA
The Visitor is given the option on the Website to indicate whether the Organizer may use the Visitor’s data for sending information about upcoming events, publications, offers, campaigns and other websites of the Organizer. After obtaining this consent, the Organizer may share the Visitor’s data with other companies that form part of the same group.
The Visitor may also indicate whether the Visitor wishes to receive information about activities of third parties, such as sponsors of the Event or other affiliated companies. If this consent has been given, the Organizer may share the Visitor’s data with these third parties. The Visitor may withdraw this consent at any time by sending an email to the Organizer containing the text “withdrawal of consent to share my data with third parties in relation to the Event”.
ARTICLE 7: CONFIDENTIALITY BY THE VISITOR TOWARDS THIRD PARTIES
7.1 The Visitor shall not disclose the Visitor’s username and password to third parties and shall at all times be responsible and liable for the loss of these details. If a third party becomes aware of these details, the Visitor must immediately notify the Organizer.
7.2 Under no circumstances shall the Organizer be liable, or be held liable by the Visitor, for the loss of the Visitor’s personal data on the Visitor’s side or for any damage that may result from such loss on the Visitor’s side.
ARTICLE 8: SECURITY
8.1 The Organizer takes security measures to protect the Visitor’s personal data, thereby complying with the relevant laws and regulations. The Organizer takes the necessary measures to ensure that only relevant parties who have obtained permission from the Visitor or who require the data for the performance of an agreement can view and/or use the data.
8.2 Under no circumstances shall the Organizer be liable for financial loss or damage resulting from identity fraud suffered by the Visitor if a third party gains unauthorized access to the Visitor’s personal data, where the unauthorized access occurred despite the measures and security implemented by the Organizer that may be expected from the Organizer pursuant to the law and the principles of reasonableness and fairness, unless there is wilful misconduct or gross negligence. The online provision of personal data by the Visitor takes place at the Visitor’s own risk.
CHAPTER 3: ATTENDANCE AT EVENTS AND HOUSE RULES
ARTICLE 9: GENERAL
9.1 When attending the Event, the Visitor is obliged to comply with the conditions and rules of conduct imposed by the Organizer.
9.2 The Visitor accepts the contents of these General Terms and Conditions by acquiring and/or using an Admission Ticket, entering the Event venue and/or becoming aware of these General Terms and Conditions via the Website. This also applies when an Admission Ticket has been obtained in any manner through a third party.
9.3 The Organizer displays house rules at or near the Event, also taking into account relevant specific circumstances of the Event. The Visitor is under all circumstances obliged to comply with these house rules. The consequences of a breach of a provision of this Chapter of these General Terms and Conditions apply accordingly to the consequences of a breach of a provision of the house rules referred to in this Article.
ARTICLE 10: ACCESS
10.1 The Organizer may impose a limit on the number of Admission Tickets that the Visitor may purchase.
10.2 The physical version of the Admission Ticket is issued once only and provides access to one person only. The electronic version of the Admission Ticket is issued once only by email and provides access to one person only.
10.3 From the moment the Admission Ticket is provided to the Visitor, the risk and expense of loss, theft, damage or misuse of the Admission Ticket shall be borne by the Visitor.
10.4 Access to the Event can only be obtained by presenting a valid and undamaged Admission Ticket that can be scanned. A Visitor who does not possess a valid Admission Ticket will be refused access to the Event or removed from the Event venue. An Admission Ticket that is not recognized as such by the access control system and/or generates an incorrect code is invalid or shall cease to be valid, without any right to a refund of the purchase price. If an Admission Ticket is, in all likelihood, counterfeit, the Organizer is also entitled to refuse or deny the holder of that Admission Ticket access to the Event or the Event venue, without the Visitor or holder being entitled to any compensation for damage or loss this may cause.
10.5 Access to the Event is only permitted to persons aged 18 or older. The Organizer is not obliged to refund an Admission Ticket if the Organizer refuses or denies a Visitor access as a result of a breach of the minimum age requirement. Persons wishing to attend the Event may be asked, and shall then be required, to present valid proof of identity as part of checks relating to the stated age limit. The Organizer may directly or indirectly record the identification document, including by making a copy, for the purpose of maintaining public order and safety or at the request of competent governmental authorities.
10.6 Access will only be granted to the first holder of the Admission Ticket that is scanned at the entrance to the Event. The Organizer may assume that the Admission Ticket belongs to the relevant holder. The Organizer is not obliged to carry out any further checks to verify whether the Admission Ticket is valid. The Visitor is responsible for the Admission Ticket purchased by the Visitor.
10.7 The Visitor may only be present in areas to which the Admission Ticket expressly grants access. Instructions in this regard from security personnel, the police, employees of the Organizer and/or any other competent authority must be followed immediately by the Visitor at all times.
ARTICLE 11: REFUSAL OF ACCESS
The Organizer generally reserves the right to refuse certain persons access or further access to the Event or Event venue, or to remove them from the Event or Event venue, if the Organizer considers this necessary for maintaining public order and safety during the Event.
This also applies if the Visitor wears or carries clothing, texts or signs which, in the opinion of the Organizer, may be regarded as offensive, discriminatory or insulting, may cause aggression or unrest among other Visitors, or if the Visitor undresses during the Event, including but not limited to exposing the upper part of the body.
If an Admission Ticket is, in all likelihood, counterfeit, the Organizer is entitled to refuse or deny the holder of that Admission Ticket access to the Event or Event venue without the Visitor or holder being entitled to any compensation for damage or loss this may cause.
ARTICLE 12: TRANSFERABILITY AND RESALE
12.1 Without the prior written consent of the Organizer, it is prohibited to directly or indirectly resell Admission Tickets for Events or use them for commercial purposes, including for the promotion and/or advertising of products, as prizes in competitions or as part of packages, such as packages offered by bus companies, bus tour operators, tour operators, travel agencies and ticket agencies, unless this concerns an individual transaction in the private sphere.
12.2 The Organizer may engage an authorized online or other resale platform, for example as an additional official sales channel, for Admission Tickets for an Event. The Visitor is prohibited from purchasing or reselling an Admission Ticket for an Event through any channel other than an official sales channel, unless this concerns an individual transaction in the private sphere.
12.3 The Organizer cannot be held liable and no damages may be claimed as a result of the sale or purchase of an Admission Ticket to the Event, including the validity of an Admission Ticket for the Event, through any sales channel other than a sales channel designated by the Organizer.
12.4 A Visitor who transfers an Admission Ticket to a third party for consideration without a commercial purpose, meaning an individual transaction in the private sphere, remains jointly responsible towards the Organizer for compliance with the conditions set out in this Article.
12.5 If the Visitor fails to comply with the obligations under this Article and/or cannot guarantee such compliance, the Visitor shall pay the Organizer an immediately due and payable penalty of EUR 300, three hundred euros, per violation per Admission Ticket and EUR 50, fifty euros, for each day that the violation continues or has continued per Admission Ticket. This is without prejudice to the additional right of the Organizer to demand compliance from the Visitor and/or compensation for damage suffered or to be suffered.
12.6 Subject to the provisions of this Chapter, the manner in which Admission Tickets are sold may also be laid down in specific regulations.
12.7 The Organizer is entitled to invalidate and/or cancel Admission Tickets without the Visitor being entitled to reimbursement of the amount paid directly or through an official sales outlet to the Organizer for the Admission Ticket, including service charges.
ARTICLE 13: SECURITY SEARCHES
The Organizer has the right to search, or arrange for the search of, a Visitor before entering the venue or during the Event.
ARTICLE 14: PROHIBITED ITEMS
14.1 Under penalty of confiscation, a Visitor may not bring professional photography, film, sound and/or other recording equipment, glassware, plastic bottles, drugs, cans, fireworks, sticks, chains, nitrous oxide, animals, weapons and/or other dangerous objects, including but not limited to aerosol sprays or tear gas, onto the Event venue.
The Visitor may also not bring, possess or use, either for the Visitor or for another person, objects bearing discriminatory or provocative texts, images or shapes in the opinion of security personnel, the police, employees of the Organizer and/or other competent authorities. Confiscated items will not be returned.
14.2 The Visitor may also not bring their own drinks or food.
14.3 The consumption, use, trade or possession of any narcotic substances is strictly prohibited. In the event of a violation, the police may also be contacted immediately.
14.4 Confiscated items may be destroyed.
14.5 Selling or offering merchandise for sale at the Event venue, or having merchandise present for that purpose, including alcoholic or other beverages, food, souvenirs, T-shirts, including associated packaging, plastic cups, glasses and similar items, is only permitted if and insofar as permission has been obtained from the Organizer and on the condition that the permits required by governmental authorities are available.
14.6 The Organizer reserves the right to exclude advertising materials from the venue, including advertising materials relating to or resulting from direct or indirect advertising campaigns or promotional activities by a sponsor that is not directly affiliated with the Event and/or the Organizer.
14.7 Visitors must deposit waste, including waste from consumed food and beverages, in the designated containers.
14.8 It is prohibited to behave at the Event venue in a manner that others may experience as provocative, threatening or offensive. It is furthermore prohibited to create any danger to the health or safety of oneself or others or to cause damage to others.
14.9 It is prohibited to climb lighting installations, fences, roofs, catwalks, ditches and other equipment or structures at the Event venue.
14.10 The distribution of or trading in brochures, flyers and/or goods at the Event and in its immediate vicinity is prohibited unless written permission has been granted by the Organizer.
ARTICLE 15: SMOKE-FREE EVENT
15.1 The Visitor may not smoke during an Event in a covered area, including but not limited to tents and covered structures, unless that area has specifically been designated as a “smoking area”.
The Organizer will take reasonable steps to inform Visitors of the smoke-free nature of the Event but cannot guarantee that the Event will be entirely smoke-free. Under no circumstances shall the Visitor be entitled to a refund of the admission price or any other compensation if the Event is not entirely smoke-free.
15.2 Any fines imposed on the Organizer as a result of a violation of the smoking prohibition will be recovered from the relevant Visitor.
ARTICLE 16: FILM AND VIDEO RECORDINGS
16.1 Recording all or part of the Event in a professional and/or commercial manner, including photography, filming and making sound and/or visual recordings, as well as reprinting and/or copying the programme booklet, posters and other printed materials, is not permitted without the prior express written consent of the Organizer.
16.2 A Visitor attending an Event acknowledges that the Event is a public event and consents to the recording and/or use of the Visitor’s name, voice, portrait and/or image by means of live or recorded audio and video display, broadcast or other forms of distribution, including photographs or other current or future media technologies.
The Visitor gives unconditional consent, free of charge, for an indefinite period and worldwide, to the use referred to under (b).
The Visitor shall not hold the Organizer or parties using visual and/or audio material with the Organizer’s permission for commercial or non-commercial purposes liable for the use of this visual and/or audio material.
The Visitor waives the Visitor’s portrait rights insofar as this concerns images made in and around the Event venue in which the Visitor is recognizably depicted.
The Visitor acknowledges that a video surveillance system is operational and agrees that video recordings of the Visitor may be made by or on behalf of the Organizer for purposes relating to public order and safety.
Under certain circumstances, the Organizer may be required to allow competent enforcement or investigative authorities possessing the relevant authority or a relevant court decision to view the footage live or to provide the footage to those authorities.
16.3 The Organizer is entitled to make, or arrange for the making of, visual and/or audio recordings of the Event and the Visitors and to reproduce and/or publish these recordings or arrange for their publication in any form and by any means.
The Visitor gives unconditional consent to the making of the aforementioned recordings, their processing, publication and use in the broadest sense.
The Visitor hereby irrevocably waives any interest the Visitor may have in the aforementioned recordings.
To the extent that the Visitor has any copyright, neighbouring rights and/or portrait rights in the aforementioned recordings, the Visitor hereby assigns those rights to the Organizer without reservation and irrevocably waives the Visitor’s moral rights and/or shall not invoke such rights.
All of the foregoing applies insofar as permitted by law.
ARTICLE 17: AT OWN RISK
17.1 The Visitor enters the Event and Event venue at the Visitor’s own risk.
17.2 The Visitor expressly acknowledges that loud music will be played during the Event. The Organizer emphasizes the importance of the Visitor giving their hearing an occasional break during the Event by going to an area where loud music is not being played and of wearing hearing protection at all times.
17.3 The Organizer is not liable for any damage arising from entering the Event venue and/or attending the Event, including hearing damage and other physical conditions, unless there is gross negligence and/or wilful misconduct on the part of the Organizer.
17.4 If the Organizer is nevertheless held liable, any liability shall be limited to EUR 30,000, thirty thousand euros, for damage resulting from personal injury or costs arising from the aforementioned entry or attendance, including but not limited to hearing impairment, visual impairment and other physical conditions of the Visitor, as a result of any damage whatsoever, including damage arising from the actions of other Visitors, the Organizer, its personnel and/or third parties engaged by the Organizer, such as vendors.
ARTICLE 18: LOCKERS
18.1 The Organizer may choose to offer the Visitor the opportunity to rent a locker during the Event. A locker is a storage facility for items, clothing, bags, money and/or valuable possessions of the Visitor, for which the Visitor will receive a personal key. The Visitor can use this key to open and close the locker.
18.2 The Organizer may offer a voucher in advance with which the Visitor can collect a locker key at the Event. If combination locks are used, the Visitor will receive the locker number and corresponding code by email one day before the Event. The Visitor is responsible for the voucher at the Visitor’s own risk and expense.
18.2 The Organizer may engage a third party for the rental of lockers.
18.3 Under no circumstances shall the Organizer be liable for the loss and/or theft and/or use by a third party of the personal key. In addition, under no circumstances shall the Organizer be liable for damage resulting from theft from the locker. Use of the locker remains at the Visitor’s own risk.
ARTICLE 19: PARKING AND SHUTTLE BUSES
19.1 The Organizer provides parking facilities and shuttle buses, the operation of which may be outsourced to a third party.
19.2 The Organizer may offer a voucher in advance with which the Visitor can use the parking facilities or shuttle buses. The Visitor is responsible for the voucher at the Visitor’s own risk and expense.
ARTICLE 20: CONSUMPTION TOKENS
20.1 At the Event, food and beverages may only be purchased using consumption tokens.
20.2 Consumption tokens purchased during an Event are only valid for that Event.
20.3 The Organizer may offer a voucher in advance with which the Visitor can collect the purchased consumption tokens at an official payment or collection point at the Event. The Visitor is responsible for the voucher at the Visitor’s own risk and expense.
20.4 Under no circumstances will the Organizer refund the purchase price of consumption tokens after the Event has ended. Consumption tokens are also not exchangeable for cash or new tokens.
ARTICLE 21: FORCE MAJEURE
21.1 Force Majeure means force majeure in the broadest sense, which in this context also includes illness and/or withdrawal of the artist or artists, strikes, lockouts, work interruptions, war, threat of war, terrorism or threat thereof, civil war, riots, natural disasters, delays in delivery by suppliers of goods or services, transport problems whether or not caused by a shortage of means of transport or government measures, fire and other serious disruptions within the Organizer’s business, adverse weather conditions, situations resulting from the loss or withdrawal of permits or exemptions, the circumstance that suppliers and/or contractors or subcontractors of the Organizer fail to fulfil their obligations or fail to do so on time, loss, damage or theft of supplies and/or goods essential to the organization of the Event, import or trade restrictions, etc.
21.2 Adverse weather conditions shall in any event include the actual or threatened presence of severe wind gusts, thunderstorms, tornadoes, extreme precipitation, including rain, hail or snow, or other weather conditions that adversely affect public order or the safety of people and/or property.
ARTICLE 22: RELOCATION OR CANCELLATION OF THE EVENT, IN WHOLE OR IN PART
22.1 In the event of Force Majeure within the meaning of these General Terms and Conditions, the Organizer may relocate or cancel the Event, in whole or in part.
22.2 If the Event is relocated or cancelled, in whole or in part, the Organizer will publish this circumstance as much as possible in the manner it considers appropriate. In the event of complete cancellation, the Organizer is only obliged to refund the admission price at the request of the Visitor, but not the reservation and/or administration charges.
22.3 The refund will only be made within a reasonable period after the date of the cancelled Event if the Visitor provides a valid Admission Ticket in the manner determined and announced by the Organizer, or the party processing payment for the Admission Ticket for the Event, through the channels announced by the Organizer.
ARTICLE 23: PROGRAMME
The Organizer will endeavour, insofar as possible, to carry out the announced programme in accordance with the announced timetable. However, the Organizer is not liable for deviations from this timetable or for any resulting damage suffered by Visitors and/or third parties.
ARTICLE 24: OTHER RULES
24.1 The Visitor is obliged to comply with the regulations, internal rules, any amendments thereto and the instructions of the Organizer, the operators of the Event venue, the shuttle bus transport company, security personnel, the fire brigade, the police and other authorized parties.
24.2 Specific rules may apply to the grounds or venue of an Event and will be announced or published on site. Where possible, these rules will also be published in advance on the Event Website.
24.3 It is prohibited to remove property or possessions belonging to the Organizer from the Event grounds. This also includes remnants of food and beverages. If the Visitor damages property or possessions belonging to the Organizer, the Visitor shall be liable for the costs of repair, replacement and/or reconstruction.
ARTICLE 25: SANCTIONS
25.1 A Visitor who in any manner acts contrary to the provisions of this Chapter, other house rules and/or rules of conduct, or instructions from the Organizer, operators of the Event venue, security personnel, the fire brigade, the police and other authorized parties may, without prior warning, be refused access to the Event venue, removed from all or part of the Event venue or handed over to the police by the aforementioned parties.
25.2 If the Visitor acts contrary to the provisions herein or other house rules and/or rules of conduct, the Visitor loses any entitlement to a refund of the price paid for the Admission Ticket and any entitlement to compensation.
Furthermore, under no circumstances may the Visitor hold the Organizer liable for any damage resulting from circumstances involving a breach of the provisions of this Chapter and other house rules and/or rules of conduct that was caused or contributed to by the Visitor.
CHAPTER 4: TERMS AND CONDITIONS FOR SERVICES OR PRODUCTS PROVIDED BY THIRD PARTIES
ARTICLE 26: PAYMENT FOR E-TICKETS
If the Visitor purchases an electronic version of an Admission Ticket for an Event, payment for this product will generally be processed by a third party engaged by the Organizer.
This third party uses its own general terms and conditions in relation to the Visitor as the purchaser of the Admission Ticket. As a result, those terms and conditions, as well as these General Terms and Conditions of the Organizer, apply to the agreement relating to the Admission Ticket.
ARTICLE 27: OFFERS FROM VENDORS AT AN EVENT
The Visitor may purchase products or services offered by third parties or vendors at the Event, such as food, beverages or merchandise.
Although the Organizer selects these vendors with care, the Organizer is not a party to any agreement between the Visitor and such third party.
Under no circumstances shall the Organizer be liable for damage arising from the purchase or acquisition by the Visitor of a product or service from a third party or vendor at the Event venue.
CHAPTER 5: FINAL PROVISIONS
ARTICLE 28: RULES
To the extent that the Visitor fails to comply, fails to comply fully and/or fails to comply on time with the rules of conduct, the Organizer may, depending on the specific circumstances, suspend its obligations, terminate the Agreement without being liable for any compensation, or demand specific performance.
ARTICLE 29: INFORMATION ON THE WEBSITE
Although the Organizer devotes considerable care and attention to providing information on its Website, the Organizer cannot provide any guarantee regarding the nature and content of the information.
ARTICLE 30: LIABILITY FOR INFORMATION
30.1 Under no circumstances shall the Organizer be liable towards the Visitor or third parties for errors, incomplete information or details on a Website, except in the event of wilful misconduct or deliberate recklessness towards the Visitor.
Under no circumstances shall the Organizer, its affiliated companies or third parties involved in the performance of a service or agreement be liable for damage, costs, loss of profit, loss, consequential damage, loss of privacy or loss of data arising directly or indirectly from the use or operation of the Website.
30.2 In view of factors on the internet over which the Organizer has no control or cannot reasonably exercise control, the Organizer expressly gives no guarantee to the Visitor that the Website, any part thereof or any associated functions will always operate without error, operate in accordance with their description or be available for use.
The same applies to the operation of the server used by the Organizer.
Such factors may include the quality of the internet connection, the presence of hyperlinks to websites of unknown or other third parties, possible attacks by hackers or others, viruses, bugs or other errors or defects.
ARTICLE 31: SEVERABILITY AND REPLACEMENT CLAUSE
If and insofar as any provision of these General Terms and Conditions conflicts with any statutory provision, this shall not affect the remaining provisions of these General Terms and Conditions.
The provision in question shall cease to apply and shall be replaced by a legally permissible provision that corresponds as closely as possible to the content, purpose and nature of the original provision.
ARTICLE 32: GOVERNING LAW AND JURISDICTION
32.1 Dutch law applies to the Agreement and these General Terms and Conditions.
32.2 The District Court of Amsterdam shall have jurisdiction to hear disputes relating to the Agreement and these General Terms and Conditions.
