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GENERAL TERMS AND CONDITIONS FOR EVENTS
These General Terms and Conditions (hereinafter GTC) govern the general conditions pertaining to the purchase of tickets, products, and services, as well as the rights and obligations arising from the legal relationship between Ostfest Holding Limited and the ticket purchasers; and to the attendance of visitors at any festival (hereinafter each referred to as Event, collectively referred to as Events) organized and staged by Ostfest Holding Limited (hereinafter Ostfest), as well as the rights and obligations arising from the legal relationship between Ostfest and visitors.
A. DETAILS OF OSTFEST HOLDING LIMITED
Full company name of Ostfest: Ostfest Holding Limited
Registered office of Ostfest: Hoogte Kadijk 67L, 1018 BE, Amsterdam 87, Netherlands Company registration No. of Ostfest Holding Limited: 34382705
Tax ID of Ostfest Holding Limited: NL84INGB0004363993
1. Ostfest: the company defined in Section A.
2. Event/Events: any festival/festivals organised and staged by Ostfest, that is the totality of performing art – music, entertainment and cultural – programmes and other free or for-payment Services provided by Ostfest in a given period in a certain area.
3. Term of the Event: the term of any given Event shall correspond to the time period between the commencement and the closing of the Event. Commencement of an Event shall correspond to the beginning of validity of the Ticket that authorises, out of all Tickets that can be purchased from Ostfest for this Event at the start of ticket sales, for the earliest entry for the given Event. Closing of an Event shall correspond to the end of validity of the Ticket that authorises, out of all Tickets that can be purchased from Ostfest for this Event at the start of ticket sales, for the longest stay at the given Event. Ostfest reserves the right to organise programmes or provide Services on an additional day, that is before or after the Term of the Event, as specified hereinbefore. Such additional days shall not be considered as an integral part of the Event, and may be visited only with a supplementary ticket.
4. Product: items and rights of pecuniary value which may be purchased from Ostfest, its Associates or other Contracted Partners in the framework of the Events, as well as any vouchers or other similar means which may be exchanged for them.
5. Service: any service which is made available by Ostfest or its Contracted Partners at, or related to, the Events either free of charge or for consideration.
6. Ticket: a bearer certificate issued in any (printed or electronic) form, verifying a claim for a wristband at the Event organised by Ostfest. Tickets are anonym and have a unique identifier.
7. Wristband: a certificate applied by Ostfest when validating a Ticket which provides entitlements identical to those included in the Ticket (day ticket, pass or – if Ostfest decides to sell such – minute-based ticket) and – provided that it is secured according to Section 2 of Part III – exclusively certifies that its bearer is entitled to visit the respective Event. Entitlements included in certain Tickets may be provided by more than one wristbands. Wristbands remain in the property of Ostfest until twenty-four hours after the closing of the Event.
8. Check-in: the online or on-site procedure during which a given Ticket is connected with a specific natural person.
9. Consumer: the Ticket Purchaser, the Visitor and, if different from them, another person holding a ticket.
10. Ticket Purchaser: the person purchasing Ticket, Product, or Service from Ostfest.
11. Visitor: a natural person entitled to enter and participate in a specific Event.
12. Unauthorised Participant: a natural person attending a respective Event without having a valid title for entry, including that person who exchanges for a wristband a Ticket that he/she acquired unlawfully or that third party who attends a respective Event with such a wristband.
13. Associate: a subcontractor or agent of Ostfest who facilitates the organisation of the Event. 14. Contracted Partner: an enterprise or other legal person performing independent activity at or in connection with a respective Event based on a contractual relationship with Ostfest, and not qualifying as an Associate.
15. Third Parties: natural and legal persons other than Ostfest and the Consumer.
16. Visitor Policy: documents applicable to the respective Events, partly providing a short summary of the provisions contained in these GTC, partly containing special mandatory provisions for each Event set forth with respect to the circumstances of the respective Event, including entry and conduct rules; they do not constitute an annex of the GTC and are available on the website of Ostfest and the sub-pages thereof, as well as on-site at the Events.
17. Payment Policy: a document not constituting part of the GTC, governing the rights and obligations in respect of the use of cash-free payment methods issued based on a case by case decision by Ostfest for certain Events.
C. TICKETS, PURCHASE
The Ticket authorizing participation at the respective Event is sold by Ostfest to the Ticket Purchaser, which legal relationship is completed by paying the consideration for the Ticket and the transfer of the Ticket by Ostfest.
2. Purchase process
Purchase via electronic means the online ticket purchase methods are provided by Ostfest through its own online sales interface, or involving a specialized Contracted Partner through a secure online payment interface provided by a financial institution.
D. ATTENDANCE AT THE EVENTS
After the exchange of the Ticket for a wristband, the wristband incorporates the rights
and obligations provided by the Ticket. Wristbands are handed over by Ostfest at the respective Event location to the person who has successfully performed the Check-in process for the given Ticket.
- Upon entry, Visitors and Unauthorized Participants subject themselves to the lawful entry procedure applied to the given Event.
- For ensuring the safe conduct of Events, Ostfest reserves the right to restrict in the Visitor Policy of the Event, or at the Event site, the scope of objects or equipment which may be taken in to the area of the Events. Food, drinks and tobacco products may only be taken in to the area of the Events to the extent allowed by legal regulations and the Visitor Policy of the respective Event. Ostfest recommends Visitors to check the Visitor Policy.
- Entry in a vehicle to the area of Events is not permitted without a permit issued by Ostfest. Those holding a vehicle entry permit are also obliged to follow all traffic rules and regulations at Events.
- Children under the age of six (6) may visit the Event free of charge. Children under the age of sixteen (16) may only enter, and stay at, the Events if accompanied by an adult in full possession of their faculties. The adult shall be liable for the children he/she escorts and for remaining in a condition that enables to perform his/her duties responsibly.
- Assistance dogs, guide dogs and police dogs as defined in the legal regulations may be brought into the area of the Event, with the reservation that, for the entry of other pets, rules may be set forth in the Visitor Policies of each Event. Ostfest recommends Visitors to check the Visitor Policy.
D2. Rules of conduct on the sites of the Events
1. Visitors are required to abide by general norms and in accordance with relevant legal regulations, the GTC and with the given Visitor Policy on the sites of the Events. Visitors are required to refrain from all actions, statements or behaviour which endanger the life, health or physical well-being of others or which may violate others’ personal rights. Visitors are required to pay special attention to the protection of natural resources on the sites of the Events and must refrain from harming these natural resources. It is prohibited for Visitors to make fire or smoke outside the designated areas. The Visitor acknowledges the fact that camping sites used by Tickets purchased from Ostfest are part of the Event site, therefore the provisions of these GTC
and the Visitor Policy of the given Event shall also regulate the rules of entry and conduct at these sites.
2. Visitors acknowledge that Ostfest and other Visitors and other Third Parties may produce sound and image recordings of the Events. Accordingly, all Visitors, by virtue of their participation at the Events, give express permission to the recording and publication of their image, likeness and actions.
3 . No alcoholic beverages may be served to minors under the age of eighteen and to intoxicated individuals by any vendor at the Events. The use of substances qualifying as banned drugs pursuant to the laws in effect is prohibited in the area of the Event and is punishable by law. Ostfest reserves the right to introduce a system at any given Event by which alcohol may only be served to Visitors if the given Visitor shows certification, provided following prior or first identification, that they are entitled to be served alcohol (e.g. a wristband).
5. Rules of conduct outside the sites of the Events
Visitors are obliged to conduct themselves in a civilized manner and abide by general norms, in accordance with the relevant laws, outside the sites of the Events and on the route there and back. Visitors are required to refrain from all actions, statements or behaviour which endanger the life, health or physical well-being of others or which may violate others’ personal rights, with particular regard to other Visitors and Third Parties who are local residents.
1. On the sites of the Events, Ostfest’s suitably qualified and authorized employees or Associates will ensure enforcement of the rules of conduct and safety. Visitors expressly undertake, by virtue of their participation in the given Event, that they will fully cooperate with these Associates within the bounds of the law and will follow their instructions in the event of an emergency or if other important circumstances (for example reasons of public health) justify it.
2 . First aid and medical care
First aid and medical care will be provided on the sites of the Events if the Event has more than 500 visitors. In case the Event has less than 500 visitors there will be no medical care provided at the Event but assistance will be present and direct contact with local medical care will be communicated. The wristband does not entitle Visitors to use of these services; visitors are entitled to use these only if they provide suitable social security, health insurance or travel insurance cover, or if they cover the costs of these services themselves.
D4. Warranties and liability
1. Ostfest reserves the right to modify, restructure and further develop the Events, and the Services and Products provided at the Events, according to its discretion, as required. Visitors are not entitled to make any claims against Ostfest with regard to such modifications, restructuring or further developments.
2. In the event of lawful cancellation by Ostfest, visitors are not entitled to make any claim against Ostfest.
3. Visitors may only enter the Event at their own risk. Ostfest shall be liable solely for intentional breaches of contract imputable to it and breaches of contract damaging human life, physical well- being or health, if such damages are caused by Ostfest, and excludes any liability beyond the explicit statutory rights of the Consumer with regard to any other damage event, including those damaging human life, physical well-being or health or damaging property. The price of the Ticket has been determined with consideration to the exclusions of liability set out above. If Ostfest operates a storage facility for luggage or valuables, then it will be liable for items placed there, with the exception of items excluded in the given Visitor Policies, according to the rules and up to the limits specified in the given Visitor Policies. Ostfest bears no liability with regard to items placed in the designated parking areas, in particular motor vehicles parked there and items in such vehicles.
4. Visitors and Unauthorised Participants are fully liable under both civil and criminal law for any damage caused by them, the children escorted by them, or their pets in the framework of the Event or in connection with the Event to Ostfest, its Associates and Contracted Partners, other Visitors and Third Persons.
5. Ostfest is not liable for any damage caused by the unlawful activities or omissions of any Visitor, Unauthorised Participant, pet or Third Person to any Visitor to Ostfest, Unauthorised Participant, or Third Person. The Visitor acknowledges the fact that there may be ownerless or wild animals in the Event area which may put the Visitor’s life, physical integrity or health in risk. Ostfest excludes its liability for damages caused by such ownerless or wild animals.
6. Ostfest is not liable for any damage events that may occur outside the Event or on the way there and back, since Ostfest may solely be held liable for damage events occurring on the sites of the Events, providing the conditions for its liability set out in these General Terms and Conditions are met.
E. GENERAL AND CLOSING PROVISIONS E1. Penalties
1. Ostfest is entitled to terminate the legal relationship with regard to the given Event or all those Events for which the Consumer has a Ticket or wristband with immediate effect if the
Consumer has breached any provision of these General Terms and Conditions in connection with the legal relationship pertaining to any Event. In such case, Ostfest may invalidate the Consumer’s Ticket or remove his/her wristband, and the Consumer shall be obliged to leave the Event. The Unauthorized Participant is not allowed to participate and must leave the Event without delay.
2. Ostfest is entitled to impose a partial ban or full ban on the Consumer or Unauthorised Participant concerned for a specified term (until the end of the given Event or for a longer specified period) in addition to or in place of immediate termination of the contract. Following expiry of the ban, Ostfest is entitled to make attendance of the Events subject to individual conditions. If the Consumer visits an Event during the term of the ban or if, after the expiry of such ban, violates the individual conditions imposed by Ostfest, then he/she shall be obliged to leave the Event without delay.
3. Ostfest will report ticket forgers, persons participating in forgery, and persons committing other crimes to the relevant authorities.
E2. Force Majeure
If Ostfest is not able to satisfy any of its contractual obligations as a result of a war, revolt, act of terrorism or threat of such, strike, a movement qualifying as a strike, an import or expert embargo, accident, fire, blockade, flooding, earthquake, natural disaster, severe storm, severe
energy supply interruption, severe transport disturbance/obstruction, epidemic, authority or military provision, order or act, or any other disturbance that cannot be foreseen and cannot be averted and that is beyond the control of Ostfest, then Ostfest shall not be liable toward the Customer for any loss or damage arising as a consequence of such events. This force majeure provision shall be applicable accordingly to the given Event as a whole, and to particular programmes or Services of the given Event.
Amsterdam, 1 March 2020