GENERAL VISITOR TERMS
These General visitor terms and conditions apply to agreements concluded with visitors of events organized by or on behalf of her.
ARTICLE 1 DEFINITIONS
ORGANIZER: one of the following companies with which the Visitor has entered into an Agreement: IAM Events (Chamber of Commerce: 71285989).
VISITOR: any natural person who does not act in the exercise of a profession or business and who directly or indirectly enters into an agreement with the Organizer for the purpose of attending an Event, as well as anyone who is present in or around the Event location;
EVENT: a one- or multi-day happening, including a (music) performance and/or other manifestation, a concert, dance event, business event, festival, and possibly accompanying camping facilities and/or a public or private event, indoors and/or outdoors, in which one or more persons participate, organized and/or facilitated by or on behalf of the Organizer at the Event location;
EVENT LOCATION: location(s) where an Event takes place, which is deployed for the purpose of organizing and/or facilitating the Event by or on behalf of the Organizer, including any camping site;
VISITOR TERMS: these General Visitor Terms;
CAMPING SITE:the camping site, campground, or other accommodation specifically designated by or on behalf of the Organizer, as the case may be, located on or near the Event location;
CAMPING RULES:
the possible regulations/house rules of the owner of the Camping Site which apply to the Visitor's stay on the Camping Site;
AGREEMENT:
any direct agreement between the Visitor and Organizer and/or agreement resulting from the Visitor Terms in connection with attending an Event, as well as any other provision or expression declared applicable to the legal relationship between the Visitor and Organizer in accordance with these Visitor Terms;
PRIVACY STATEMENT: the privacy statement outlining the Organizer's privacy policy, accessible on the Website(s) and applicable to any processing of personal data by or on behalf of the Organizer;
SOCIAL MEDIA: the social media channels specifically affiliated with the Website(s) and other (promotional) expressions of or on behalf of the Organizer registered in the name of or on behalf of the Organizer;
(PRE)SALES OUTLET: a sales outlet engaged by Organizer for the sale of Event tickets, including those where tickets can be purchased online/digitally;
ADMISSION TICKET: a validly obtained proof, provided by or on behalf of the Organizer, indicating the Visitor's authority to be present at the Event location;
ADMISSION PRICE: the price for an Admission Ticket, excluding any additional service and/or administration fees;
WEBSITE(S): the website(s) of the Organizer and any specific affiliated website(s) and Social Media accounts of Events registered in the name of or on behalf of the Organizer, including any special apps linked to them operated by or on behalf of the Organizer.
ARTICLE 2 APPLICABILITY
2.1 These Visitor Terms apply to any Agreement concluded between Organizer and the Visitor regardless of how this Agreement is concluded, as well as to any visit of the Visitor to the Event location.
2.2 The person purchasing the Ticket is obliged to impose these Visitor Terms, among other things, for access to the Event location and attendance of the Event, on the person to whom he/she makes the Ticket available for access to the Event location. The person purchasing the Ticket is obliged to ensure that this Visitor complies with the Visitor Terms. In addition to the Visitor himself, the person who provided the Ticket to a Visitor is liable for the non-compliance with these Visitor Terms by that specific Visitor when visiting an Event.
2.3 Organizer has the right to amend these Visitor Terms in whole or in part at any time. Organizer will inform the Visitor in a timely manner of the changes to the Visitor Terms by posting them on its Website. If the Visitor believes that the changes are contrary to reasonableness and fairness, the Visitor must notify Organizer of this within 10 (ten) working days after being informed, failing which the Visitor agrees to the changes.
2.4 The applicability of any general terms and conditions of the Visitor is expressly rejected by Organizer.
2.5 The invalidity of any provision of these Visitor Terms does not affect the validity of the other provisions of these Visitor Terms.
2.6 In addition to the Visitor Terms, (general) terms and conditions of the ticket provider may also apply to the purchase of an Admission Ticket.
2.7 In the event of a stay at a Camping Site designated by or on behalf of Organizer, (general) terms and/or house rules of the relevant campsite and/or other accommodation may apply in addition to the Visitor Terms and the House Rules.
ARTICLE 3 OFFERS AND CONCLUSION OF AGREEMENT
3.1 Information, offers, announcements, and price quotations regarding Events and/or (the sale of) Admission Tickets are presented or provided as accurately as possible by Organizer and/or third parties orally, by telephone, by email, via the Website(s), and/or Social Media. Organizer does not accept any liability for any inaccuracies or incompleteness in the aforementioned statements made by Organizer and/or third parties.
3.2 An Agreement is concluded at the moment the Visitor purchases an Admission Ticket from Organizer or a (pre)sales outlet engaged by Organizer, or accepts an offer from or on behalf of Organizer to obtain it, whether or not for payment, and/or upon entry to the Event location.
3.3 The statutory right of withdrawal allowing the Booker (if acting as a consumer), to cancel the Agreement within 14 days of its conclusion, is not applicable. An appeal by the Booker to that right is therefore not valid.
ARTICLE 4 ACCESS AND ADMISSION TICKET
4.1 Upon entering the Event location and during the period the Visitor is present at the Event location, the Visitor must have a valid identification document, a valid (obtained) Admission Ticket, and, if claiming a discount, the document entitling to a discount, and show these upon first request of employees of Organizer, employees of the Event location, security personnel, police, and/or other authorized authorities. If it appears that the Visitor is under 18 years of age, access to the Event will be denied without exception, unless explicitly stated otherwise by Organizer, without Organizer being obliged to refund the Admission Price or any service and/or administration fees charged, or any other costs incurred.
4.2 An Admission Ticket is provided to the Visitor once and grants one Visitor access to the Event and the Event location once, and automatically loses its validity upon leaving the Event location.
4.3 If an Event is rescheduled by Organizer to another date, for example due to force majeure, the Admission Ticket remains valid for the new date on which the Event will take place. If the Visitor cannot or does not want to attend the Event on the new date, the Visitor is entitled to return the Admission Ticket to Organizer or to a (pre)sales outlet engaged by Organizer for a refund of the fee stated on the Admission Ticket, regardless of the price paid by the Visitor for the Admission Ticket. Service and/or administration fees will not be refunded.
4.4 An Admission Ticket only grants access to the Event location to the holder of the Admission Ticket. It is the Visitor's own responsibility to ensure that he becomes and remains the holder of the Admission Ticket. Admission Tickets are and remain the property of Organizer.
4.5 An Admission Ticket may consist of a document provided by or on behalf of Organizer, or a barcode provided.
ARTICLE 5 PROHIBITION OF RESALE OF ADMISSION TICKETS
5.1 The Visitor is not allowed to advertise or engage in any other form of publicity in connection with the Event and/or any part thereof.
5.2 If the Visitor provides his Admission Ticket to third parties free of charge and not for commercial purposes, the Visitor is obligated to impose all obligations of the Visitor arising from an Agreement or these Visitor Conditions, without prejudice, on those third parties. The Visitor ensures that the aforementioned third parties fulfill and/or will fulfill all the aforementioned obligations.
5.3 If the Visitor does not comply with the obligations under this article, the Organizer is entitled to designate those Admission Tickets as invalid, deny him access to the Event, and the Visitor owes the Organizer an immediately due penalty of €100 (one hundred euros) per Admission Ticket and €100 (one hundred euros) per day that this violation continues, without prejudice to the Organizer's right to additionally demand performance and/or full compensation. The holder of an invalid Admission Ticket will not be granted access to the Event or the Event location and is not entitled to any compensation.
ARTICLE 6 LIABILITY
6.1 Traveling to and from, as well as entering, staying, and engaging in activities on and leaving the Event location, as well as attending the Event at the Event location, are entirely at the Visitor's own risk.
6.2 Organizer excludes liability for any damage resulting from the cancellation, modification, or relocation of an Event, as well as for any other damage, for whatever reason, directly or indirectly resulting from actions or omissions of the Organizer and/or those engaged by her in the context of the Event, including but not limited to employees, non-employees, assistants, third parties, and/or other individuals, during or in connection with the Event, including traveling to and from or staying at the Event location, unless the damage results from intent or gross negligence of the Organizer.
6.3 Organizer excludes liability for the manner in which the program of the Event, whether or not in modified form, is implemented, including the content and duration of the Event program.
6.4 If and insofar as the Organizer may be liable to the Visitor for any damage suffered by the Visitor, for whatever reason, then this liability shall at all times be limited to direct damage up to the amount that will be paid out under the Organizer's statutory liability insurance, and only if she is legally obliged to do so. In such a case, the Organizer shall also only be liable if the Visitor promptly and properly informs the Organizer in writing of the default, specifying a reasonable period for compliance with the obligation or the correction of the error, and if the Organizer continues to fail to fulfill that obligation or correct the error even after such notice.
6.5 Organizer excludes liability for the loss of clothing, goods, and/or other property of the Visitor and does not accept any liability as such. If the Visitor can provide concrete evidence that the loss of clothing, goods, and/or other property of the Visitor is solely the result of intent or gross negligence of (personnel of) the Organizer, the Visitor must notify the Organizer of this promptly and in writing, under penalty of forfeiture of any claim for damages, and the Organizer will pay compensation to the Visitor upon presentation of a valid purchase receipt of the respective property(ies), up to a maximum of the purchase amount, with a maximum of €250 (two hundred and fifty euros).
6.6 Found items must be handed over to the person working behind the bar, counter at the lockers, or cash register of the Event location. Found items will be kept by the Organizer or the locker lessor for a maximum of two weeks, during which period the rightful owner can retrieve the lost property(ies) from the Organizer or the locker lessor.
6.7 Organizer excludes liability for hearing damage, visual impairment, blindness, and/or other physical injury to the Visitor in connection with the Event. The Visitor is expressly aware that loud and/or amplified music may be played during the Event and at or around the Event location. Organizer advises the Visitor to protect their hearing during the Event with special earplugs and to occasionally give their hearing a rest by going to a space or place where no music is being played.
ARTICLE 7 CANCELLATION OR RELOCATION OF EVENT
7.1 Organizer is entitled to change (parts of) an Event. Only in case of cancellation of the Event in its entirety, Organizer will refund the Admission Price of the original purchaser of the Admission Ticket upon written request from the Visitor, but not the administration and service fees.
7.2 Organizer is entitled to cancel or relocate (parts of) an Event. It is the responsibility of the Visitor to check whether an Event is/is being canceled or relocated and what the possible new time or location will be. In case of cancellation or relocation, Organizer will make its best efforts to inform the Visitor thereof as soon as she becomes aware of it. However, Organizer cannot guarantee that the Visitor will receive this information before the start of the Event. Organizer is not liable for any damage in this regard and is not obliged to compensate or refund the Admission Price of the Admission Ticket and any service, payment, and/or administration costs incurred.
7.3 Tickets for Events that are relocated remain valid for that relocated Event in principle. For more information, please contact the Organizer via info@noartmusic.com and/or via the Website(s).
7.4 If an Event is rescheduled by or on behalf of the Organizer to another date, for example due to force majeure, the Admission Ticket remains valid for the new date on which the Event will take place. If the Visitor cannot or does not wish to attend the Event on the new date, the Visitor is entitled to return the Admission Ticket to the Organizer or to a sales outlet appointed by the Organizer for a refund of the fee stated on the Admission Ticket, regardless of the price paid by the Visitor for the Admission Ticket. Service and/or administration costs will not be refunded.
ARTICLE 8 EVENT HOUSE RULES
8.1 The House Rules of the Organizer apply to every visit of the Visitor to Events of the Organizer. Visitors are required to behave in accordance with these House Rules of the Organizer and/or the Event location, as well as the rules of good conduct and decency applicable in society. If, in the opinion of employees of the Organizer and/or the Event location and/or security personnel, the Visitor does not behave in such a manner, the Visitor may be addressed by employees of the Organizer and/or the Event location and/or security personnel. In case of violation of the House Rules or any repetition or continuation of behavior by the Visitor that is not in accordance with the aforementioned House Rules and the rules of good conduct and decency applicable in society, the Visitor may be denied access to the Event, and if necessary, be handed over to the police, without the right to compensation of the Admission Price and any service and/or administration costs and/or other costs incurred.
8.2 It is not permitted for the Visitor to record the visit to the Event, in any form, on any (digital) medium, including but not limited to photographing, filming, or any other means of making audio and/or visual recordings of the Event. If the Visitor has recorded the Event in a non-professional manner, such as with a smartphone, the Visitor is only allowed to use these recordings for personal use and may not use them in any way for commercial purposes or make them public.
8.3 Organizer reserves the right to make audio and/or visual recordings during an Event. The Visitor who attends an Event:
a. consents to the recording and/or (re)use of his/her name, voice, portrait, and/or image through, among other things, live broadcasts and recorded audio and video displays, broadcasts, or other forms of distribution, including photos or other current and/or future media technologies; and
b. unconditionally grants permission for the (re)use as referred to in sub a), for an indefinite period, worldwide and free of charge; and
c. neither holds the Organizer nor parties authorized by the Organizer to use image and/or sound material for commercial purposes liable for the (re)use of this image and/or sound material; and
d. waives his/her portrait rights, image rights, and personal rights insofar as they concern images in and around the Event location where he/she is recognizable; and
e. acknowledges that a video surveillance system is operational and agrees that, on behalf of the Organizer, video recordings of the Visitor may be made for the purpose of public order and safety; and
f. acknowledges that any possible intellectual property
