Article 1. General
1. These general terms and conditions apply to relationships between Audio Obscura B.V., referred to hereinafter as: ‘AO’ on the one hand, and on the other hand to a person (hereinafter referred to as the ‘Visitor’) wishing to attend an event organized by AO (hereinafter referred to as the ‘Event’) and has purchased an admission ticket for this purpose on which AO has declared these terms and conditions applicable, which applicability Visitor has explicitly accepted by the purchase of an admission ticket.
- These general terms and conditions also apply to admission tickets acquired from third parties (e.g. agents, websites of authorized parties and suchlike) that have been engaged or designated by AO for that purpose. AO will publish the names of the parties designated in this respect on its website www.audio-obscura.com and/or on or via the Event’s website.
- In these general terms and conditions, Event will be taken to mean all dance and other festivities/festivals or other events organized by AO in the broadest sense of the word.
- In these general terms and conditions, the site where the Event is held means the actual site of the Event as well as all grounds, areas, fields etc. around it that comprise the complex within which the Event takes place.
- If any of the provisions of these general terms and conditions are partially or wholly null and void or are voided at any time, the other provisions of these general terms and conditions will retain their full force and effect. AO and the other party will then consult with a view to agreeing new provisions to replace the void or voided provisions. In doing so, the purpose and meaning of the original provisions will be taken into account as much as possible.
- If there is any ambiguity regarding the interpretation of any of the provisions of these general terms and conditions, such provision must be interpreted ‘in the spirit’ of these general terms and conditions.
- If a situation arises between the parties that is not regulated under these general terms and conditions, such situation must be assessed in the spirit of these general terms and conditions.
- If AO does not always require strict compliance with these terms and conditions this will not mean that the provisions thereof are not applicable or that AO loses the right to require strict compliance with the provisions of these terms and conditions in other cases.
Article 2 Contractual formation/admission tickets
- The agreement between AO and the Visitor regarding the attendance of the Event is formed when the Visitor purchases or orders an admission ticket for the Event from AO or from a third party engaged by AO.
- These general terms and conditions and the house rules (the ‘House Rules’) published on the website of the relevant Event or AO’s website apply to this agreement to purchase an admission ticket and to the attendance of the Event. The agreement between AO and the Visitor regarding the attendance of the Event cannot be terminated or amended by the Visitor.
- AO is always entitled to refuse orders for admission tickets.
- An admission ticket can be in the form of a document issued by or on behalf of AO or a barcode issued by AO. The barcode is a unique code.
- The admission tickets are and remain the property of AO. The admission ticket is issued once and grants admission to one person. The original admission ticket gives the Visitor the right to attend the Event. The loss, damage, theft or misuse of the admission ticket is for the account and risk of the Visitor from the time that the admission ticket is made available to the Visitor.
- The validity of the admission ticket is guaranteed only if purchased from third parties engaged by AO or from AO itself. The burden of proof in this respect lies with the Visitor.
- The admission ticket in the form of a barcode is issued to the Visitor via electronic communication (e-mail). If the Visitor chooses to receive the admission ticket via electronic communication, the Visitor must ensure that this admission ticket can be issued via the correct electronic communication and that this can be done in a secure manner. AO cannot guarantee the confidentiality of the admission ticket issued nor can it guarantee its receipt.
- AO reserves the right to set a maximum on the number of admission tickets to be ordered and the Visitor is obliged to comply with the maximum set by AO.
Article 3 Payment
- Besides payment at once for a ticket, AO provides the possibility to pay for festival tickets in three (3) monthly instalments to spread the costs.
- If the Visitor chooses for monthly instalments, the first payment will be charged and paid by IDEAL or credit card, followed by two monthly payments by direct debit (‘automatische incasso’). The terms and amounts of payment will be defined by AO.
- The total price of the instalment ticket will be the same as a full price festival ticket with a surplus of EUR 1,50 for administration costs per monthly instalment.
- Any Visitor who does not fulfil the total ticket value increased with administration costs within 10 days after the first reminder to pay or opt out of remaining payments, will lose his/her deposit. There are no refunds on payments already made.
Article 4 Prohibition on resale, etc.
- The Visitor is obliged to reserve the admission ticket for an Event for his/her own use and consequently Visitor may not resell it to third parties in any manner whatsoever, nor may Visitor offer it for sale or offer or supply it in the context of commercial purposes failing which Visitor will be liable for an immediately payable penalty of EUR 5000 for each breach and EUR 1000 for each day that the breach continues as well as payment of the profits acquired.
- Any admission ticket not directly acquired from or paid to AO and/or a third party engaged by it is invalid and does not entitle attendance of an Event. AO is entitled to refuse the Visitor admission to the Event if on inspection of the admission ticket AO suspects or knows that it is an invalid admission ticket. The burden of proof lies with the Visitor to demonstrate that the admission ticket is indeed valid (e.g. by submission of payment of proof to AO).
- The Visitor who, gratuitously and not in the context of commercial purposes, has made his admission ticket available to third parties as referred to under 1 is obliged to also impose the obligations to which he/she as Visitor is subject as referred to in these general terms and conditions and the House Rules, on the person to whom he/she has made the admission ticket available and Visitor guarantees AO that this person or persons will comply with these obligations.
- If the Visitor fails to comply with his/her obligations as referred to in the foregoing provisions of this article or cannot vouch for compliance thereof, Visitor owes AO an immediately payable penalty of EUR 5000 for each breach and EUR 1000 for each day that the breach continued or continues without prejudice to AO ’s right to claim compliance and/or compensation of the loss suffered or to be suffered.
Article 5 Visitor’s other obligations
- The Visitor is obliged to comply with the House Rules while attending the Event.
- The Visitor is obliged, if so requested, to cooperate with a body search when attending the Event.
- The Visitor must be in possession of a valid and undamaged admission ticket both before the start of and during the Event and for as long as he is on the site where the Event is being held. The Visitor must, when requested, always present his admission ticket for inspection by AO ’s employees or employees of third parties engaged by AO, such as attendants and security guards.
- Both during the attendance of the Event and when ordering/purchasing the admission ticket, the Visitor is obliged to provide AO with identification on request to allow AO, among other things, to satisfy its legal obligations within the context of events, which include the obligation not to serve alcohol to persons younger than 18 years of age.
- Photo, film and other recording equipment may not be taken on to the site where the Event takes place on pain of confiscation of the aforementioned equipment for the duration of the Event.
- Glassware, plastic bottles, cans, fireworks, firearms, weapons and/or other dangerous objects, banned substances, and/or alcoholic drinks may not be taken on to the site where the Event takes place on pain of confiscation of these items.
- Recording of the Event in whatever form, including photographing, filming and any other type of sound and/or image recording is forbidden, as is reprinting or reproduction of parts of the programme, posters or other printed matter. All such recordings will be confiscated and destroyed outright.
- If, after entering the site where the Event is to take place, the Visitor leaves the site, the admission ticket loses its validity.
- The Visitor is obliged to comply with the instructions or directions given by AO, or the third parties engaged by it, the proprietors of the site where the Event takes place, the attendants, the fire brigade and other authorized persons.
- Without the prior written consent of AO, the Visitor and all other persons may not offer or sell merchandise at the Event.
- Without the prior written consent of AO, the Visitor and all other persons may not distribute flyers at or in the vicinity of the Event, neither may they put up posters or banners nor carry out any other type of promotional activities.
- The Visitor is obliged to comply with the rules governing public order (e.g. no urinating in public, no public drunkenness, no aggressive behaviour and suchlike), failure to comply with these rules will result in AO refusing the Visitor (further) admission to the Event without prejudice to AO’s right to recover loss arising as a result hereof from the Visitor.
- For situations not regulated under these general terms and conditions, AO will decide on possible measures to be taken. Any decision taken by AO in this respect is binding.
Article 6 AO’s rights
- If the Visitor violates any of the provisions referred to in these general terms and conditions or the House Rules, AO is entitled to invalidate/cancel the admission ticket or refuse the Visitor (further) admission to the Event without the Visitor being entitled to reimbursement of the amount (including services charges) paid to AO directly or via an (advance) sales address. The holders of invalidated admission tickets are not entitled to reimbursement or any other form of compensation.
- AO reserves the right to refuse the Visitor (further) admission to the Event or the site where the Event takes place if AO deems this reasonably necessary to maintain the peace and order during the Event.
- If it is plausible that the admission ticket has been forged, AO is entitled to refuse the holder of this admission ticket the (further) admission to the Event without the holder of this forged admission ticket being entitled to claim any compensation for loss suffered as a result hereof.
- Refreshment tokens purchased by Visitor during the Event in whatever form, may only be presented in exchange for products offered at the Event such as drinks or food. The refreshment tokens never give the right to reimbursement of an amount. Therefore, refreshment vouchers purchased by the Visitor at an Event do not entitle the Visitor to reimbursement or repayment of the purchase price during or after the Event.
- An announcement for a line-up of performers, location, opening and closing times and suchlike is without obligation and could be subject to changes. AO is entitled to implement changes, which never entitle the Visitor to compensation. Naturally attempts will always be made to implement changes that are in line with the nature of the Event.
- The performer and AO are entitled to make or have an image or sound recording made of the Event and to use these images for their own promotional purposes or for those of their partners or sponsors. Visitors appearing in the recordings make not claim any right to any compensation or portrait right.
- AO reserves the rights and powers vested in it pursuant to the Copyright Act and other intellectual property laws and regulations.
Article 7 Force Majeure
- In the event of force majeure in the broadest sense of the word, including in this respect, illness or cancellation by the performer(s), instructions from the authorities, strikes, fire, bad weather conditions, epidemics etc., AO is entitled to move the Event to a later date or to cancel the Event entirely.
- If the Event, as a result of or in connection with force majeure, is cancelled by AO before it has begun, AO is only obliged to refund a reasonable amount to an Visitor in possession of an original proof of payment acquired from an AO -approved outlet for an admission ticket for an Event, which amount can never exceed the price stated on both the proof of payment and the admission ticket.
- If an Event, as a result of or in connection with force majeure, must be cancelled after it has begun, AO will grant the Visitor a discount of 25% on another subsequent Event organized by AO.
- If the Event, as a result of or in connection with force majeure, is moved to another date by AO, the admission ticket remains valid for the new date on which the Event will take place. If this is the case, this will be published on AO’s website. In such case the Visitor may not claim (substitute) admission to another Event organized by AO as referred to under 4.
- Any claims made with respect to that set out in this article must be made in writing and submitted to AO within seven (7) days after the original date of the Event (and must include the original admission ticket and the original proof of payment).
Article 8 Liability AO
- AO is never liable for loss suffered by the Visitor through the attendance of the Event except in the case of wilful act or gross negligence on the part of AO. In such case, AO’s liability is limited to direct loss suffered by the Visitor against which AO is insured and which will actually be compensated by the insurer. Not eligible for compensation are:
- Consequential loss;
- Intangible loss;
- Loss caused by wilful act or deliberate recklessness on the part of third parties and assistants engaged by AO.
- Claims against AO must be submitted to AO in writing within seven (7) days after the Visitor suffered the loss (and must include the original admission ticket and the original proof of payment) and will be dealt will as soon as possible.
- The Visitor enters the site where the Event takes place and attends the Event at his own expense and risk, in the sense that AO accepts no liability whatsoever for loss arising as a result of aforementioned entry or attendance such as e.g. hearing, visual and other physical impairments.
- AO will do its utmost to ensure that the programme is performed in accordance the timetable announced. However, it is not liable for any deviations therefrom and for the (possible) loss that Visitor or third parties could suffer as a result thereof. Start and end times as stated on admission tickets are subject to the proviso that these can change / overrun. The Visitor is obliged to check AO’s website regularly to ascertain whether or not the starting time has changed.
- AO is furthermore not liable for the content of the Event’s programme or how it is performed, which expressly includes the length of the programme. Nor is AO liable for changes in the Event’s programme.
- In addition, AO is not liable for loss suffered by the Visitor arising as a result of loss or damage of goods or the admission ticket.
Article 9 Applicable law and disputes
- Dutch law applies exclusively to all legal relationships to which AO is a party, also if an agreement is partly or wholly executed abroad and if the party in the legal relationship resides abroad.
- Parties will appeal to the court only after they have done their utmost to settle the dispute by agreement.