Chapter 1: General
Article 1: Definitions
“Organisation”: Organisation refers to Libéma Entertainment BV, the user of these general terms and conditions in the agreement with the counterparty (the Visitor) in the context of access to the Event and responsible for the organisation of the Event.
“Visitor”: Visitor to an Event or the Website of Libéma Entertainment BV.
“Event”: Any type of Event – including a festival and all associated facilities – organised by the Organisation in the Netherlands and for which the Organisation applies these terms and conditions towards the Visitor. The Event is part of and organised by the Organisation and has its own activities, such as its own website.
“Agreement”: The agreement between the Organisation and the Visitor regarding the use of the Website, access to, and the house rules during the Event.
“Ticket”: The proof of access to the Event, both physical and 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 Organisation.
2.2 These general terms and conditions form an integral part of the Agreement.
2.3 The Agreement applies exclusively to consumers and explicitly not 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 defined in law as the “counterparty”.
2.4 After the purchase of (a) ticket(s) by the buyer and/or Visitor, there is no right to a refund of paid ticket fees.
Article 3: Amendments to the general terms and conditions
These general terms and conditions may be amended. An amended version will be published on the Website. The amended terms and conditions apply from the date of publication. If the Visitor does not wish to accept the amended terms and conditions, they must cease purchasing services or products from the Organisation.
Chapter 2: Privacy policy and website
Article 4: Privacy provisions
4.1 The Organisation respects the privacy of every Visitor to the relevant website and the Event and ensures that the personal data of the Visitor is treated confidentially and with care.
Article 5: Use of Visitor data
On the Website, the Visitor is given the option to indicate whether the Organisation may use their data to send information about upcoming events, publications, offers, campaigns, and other websites of the Organisation. After obtaining this consent, the Organisation may share the Visitor’s data with other companies that are part of the same group.
The Visitor can also indicate whether they wish to receive information about the activities of third parties, such as sponsors of the Event or other affiliated companies. If this consent is given, the Organisation 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 Organisation with the text “withdraw consent for sharing my data with third parties regarding the Event”.
Article 6: Confidentiality by the Visitor towards third parties
6.1 The Visitor shall not disclose their username and password to third parties and is at all times responsible and liable for the loss of this data. If a third party becomes aware of this data, the Visitor must immediately report this to the Organisation.
6.2 Under no circumstances is the Organisation liable for, nor can it be held liable by the Visitor for, the loss of personal data of the Visitor on the part of the Visitor, or for any damage that (potentially) results from such a loss on the part of the Visitor.
Article 7: Security
7.1 The Organisation takes security measures to protect the personal data of the Visitor, thereby complying with relevant laws and regulations. The Organisation takes the necessary measures to ensure that only relevant parties who have obtained consent from the Visitor or who are required for the execution of an agreement can view and/or use the data.
7.2 Under no circumstances shall the Organisation be liable for financial loss or damage resulting from identity fraud incurred by the Visitor if a third party gains unauthorized access to the Visitor’s personal data, provided that the unauthorized access occurred despite the presence of measures/security implemented by the Organisation that can reasonably and equitably be expected of it under the law, unless there is intent or gross negligence. The online provision of personal data by the Visitor takes place at their own risk.
Chapter 3: Attendance at events and house rules
Article 8: General
8.1 The Visitor is obliged to adhere to the conditions and rules of conduct set by the Organisation when visiting the Event.
8.2 The Visitor accepts the content of these general terms and conditions by acquiring and/or using a Ticket, entering the location of the Event, and/or by taking note thereof via the Website. This also applies if a Ticket is obtained in any way via a third party.
8.3 The Organisation displays house rules at or near the Event, partly tailored to the relevant specific circumstances of the Event. The Visitor is under all circumstances obliged to adhere to these house rules. The consequences of a violation of a provision in this chapter of these general terms and conditions apply mutatis mutandis to the consequences of a violation of a provision of the house rules mentioned in this article.
Article 9: Access
9.1 The Organisation may set a limit on the number of tickets a Visitor can purchase.
9.2 The physical version of the Ticket is issued once and only grants access to one person. The electronic version of the Ticket is issued only once via email and only grants access to one person.
9.3 From the moment the Ticket is provided to the Visitor, the Visitor bears the risk and account for loss, theft, damage, or misuse of the Ticket.
9.4 From the moment of purchase of the Ticket, the buyer and/or Visitor has no right to a refund of paid ticket fees.
9.5 Access to the Event is only obtained by showing a valid and undamaged Ticket that can be scanned. A Visitor who does not possess a valid Ticket will be denied access to the Event or removed from the Event location. Any Ticket that the access control system does not recognize as such and/or results in an incorrect code is invalid or leads to the expiration of the validity of the Ticket, without the right to a refund of the purchase price. Even if a Ticket is in all probability counterfeit, the Organisation is permitted to refuse or deny the holder of this Ticket access to (the location of) the Event without the Visitor or holder being able to claim any compensation for damage or loss this may cause them.
9.6 Access to the Event is only permitted for persons aged 18 and older. The Organisation is not obliged to refund a Ticket if the Organisation denies or refuses access to a Visitor as a result of a violation of the minimum age limit. Persons wishing to attend the Event may be requested, and are then obliged, to show a valid ID due to checks on the aforementioned age limit. The Organisation may directly or indirectly copy the ID, including making a photocopy, for the purpose of maintaining public order and safety or at the request of the competent (governmental) authorities.
9.7 Access is only granted to the first holder of the Ticket scanned at the entrance of the Event. The Organisation may assume that the Ticket belongs to the respective holder. The Organisation is not obliged to carry out any further checks to verify whether the Ticket is valid. The Visitor is responsible for the Ticket purchased by them.
9.8 The Visitor may only be in areas to which the Ticket explicitly grants the right. Instructions regarding this from security personnel, police, employees of the Organisation, and/or other competent authorities must be followed immediately by the Visitor at all times.
Article 10: Refusal of access
The Organisation generally reserves the right to refuse certain persons access or further access to (the location of) the Event or to remove them from (the location of) the Event if it deems this necessary for maintaining public order and safety during the Event. This also applies if the Visitor carries clothing, texts, or signs that, in the opinion of the Organisation, could be considered offensive, discriminatory, or insulting, or could cause aggression or unrest among other Visitors, or if the Visitor undresses during the Event (including but not limited to, for example, exposing the upper part of the body). Even if a Ticket is in all probability counterfeit, the Organisation is permitted to refuse or deny the holder of this Ticket access to (the location of) the Event without the Visitor or holder being able to claim any compensation for damage or loss this may cause them.
Article 11: Transferability and resale
11.1 Without the prior written consent of the Organisation, it is prohibited to directly or indirectly resell Tickets for Events or to use them for commercial purposes, including for the promotion and/or advertising of items, as a prize in competitions, or as part of packages (such as packages offered by bus companies, (bus) tour operators, travel agencies, and ticketing agencies), unless it concerns an individual transaction in the private sphere.
11.2 The Organisation may engage an authorized (online) (re)sale platform (e.g., an additional official sales channel) for Tickets to an Event. The Visitor is prohibited from buying or reselling a Ticket for the Event on any channel other than an official sales channel, unless it concerns an individual transaction in the private sphere.
11.3 The Organisation can neither be held liable nor can damages be claimed from the Organisation as a result of the sale or purchase of a Ticket to the Event through a channel other than the Organisation’s own channel.
11.4 A Visitor who transfers their Ticket to a third party for a fee, without a commercial purpose—meaning an individual transaction in the private sphere—remains (jointly) responsible to the Organisation for compliance with the conditions in this article.
11.5 The Organisation is entitled to invalidate/cancel the Tickets without the Visitor being entitled to a refund of the amount paid to the Organisation for the Ticket directly or via an official sales point (including service fees).
Article 12: Searching
The Organisation has the right to search a Visitor (or have them searched) prior to entering the location or during the Event.
Article 13: Prohibited items
13.1 Under risk of confiscation, a Visitor may not bring professional equipment for photography, film, sound, and/or other recording equipment, nor glassware, plastic bottles, drugs, cans, fireworks, sticks, chains, nitrous oxide (laughing gas), animals, weapons, and/or other dangerous objects (including but not limited to aerosol cans or tear gas), or other objects featuring texts, images, or shapes that are discriminatory or provocative in the eyes of security personnel, police, employees of the Organisation, and/or other competent authorities, neither for themselves nor for another person, nor have them in their possession at the Event location, or use these objects before or during an Event. Confiscated items will not be returned.
13.2 Visitors are also not allowed to bring their own food and beverages.
13.3 The consumption, use, trade, or possession of any narcotics is strictly prohibited. In the event of a violation, the police may also be notified immediately.
13.4 Confiscated items may be destroyed.
13.5 Selling or offering goods for sale, or having them present at the location for that purpose, including (alcoholic) beverages, food, souvenirs, T-shirts (including the associated packaging, (plastic) glasses, and the like), is only permitted if and insofar as permission has been obtained from the Organisation and on the condition that the required government permits are available.
13.6 The Organisation reserves the right to ban advertising materials from the location, including advertising materials related to or resulting from direct or indirect promotional actions/advertising acts by a sponsor not directly affiliated with the Event and/or the Organisation.
13.7 The public must deposit waste, including that from consumed food and beverages, in the designated containers.
13.8 It is prohibited to behave at the Event location in a manner that others may perceive as provocative, threatening, or offensive. Furthermore, it is prohibited to create any danger to the health or safety of oneself or others, or to cause harm to others.
13.9 It is prohibited to climb lighting installations, fences, roofs, the catwalk, the moat, and other equipment or structures at the Event location.
13.10 Distributing or trading leaflets, flyers, and/or goods at the Event and in its immediate vicinity is prohibited, unless written permission has been granted by the Organisation.
Article 14: Smoke-Free Event
14.1 The Visitor may not smoke and/or vape in a covered area (such as, but not limited to, tents, umbrella tents, etc.) during an Event, unless this area is specifically designated as a “smoking area”. Under no circumstances is the Visitor entitled to a refund of the admission price or any other compensation if the Event is not completely smoke-free.
14.2 Any fines imposed on the Organisation as a result of a violation of the smoking ban will be recovered from the respective Visitor.
Article 15: Film and video footage
15.1 Recording (parts of) the Event in a professional and/or commercial manner, including photographing, filming, making sound and/or image recordings, as well as reprinting and/or copying the program booklet, posters, and other printed material is not permitted without the prior, explicit, written consent of the Organisation.
15.2 The Visitor attending an Event acknowledges that the Event is a public, open event and:
agrees to the recording and/or use of his/her 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;
unconditionally grants permission for the use as intended in sub-clause b) free of charge, indefinitely, and worldwide;
holds neither the Organisation nor parties using visual and/or audio material with the Organisation’s permission for commercial or non-commercial purposes liable for the use of this visual and/or audio material;
waives his/her portrait rights, insofar as it concerns images in and around the Event location where he/she is recognizably depicted;
acknowledges that a video surveillance system is operational and agrees that video recordings may be made of them by or on behalf of the Organisation in the context of public order and safety. Under certain circumstances, the Organisation may be required to allow competent enforcement or investigative services possessing the relevant authority or a relevant judicial decision to view the images live or to hand over the images to the services concerned.
15.3 The Organisation is authorized to make (or have made) visual and/or sound 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 whatsoever. The Visitor unconditionally consents to the making of the aforementioned recordings, their processing, publication, and use in the broadest sense. The Visitor hereby irrevocably waives any interest they might have in the aforementioned recordings. Insofar as the Visitor holds any copyright, neighboring rights, and/or portrait rights to the aforementioned recordings, they hereby assign these rights unreservedly to the Organisation and hereby Questionnaire irrevocably waive their moral rights and/or will not invoke them. All of the above to the extent permitted by law.
Article 16: Own risk
16.1 The Visitor enters (the location of) the Event at their own risk
16.2 The Visitor is explicitly aware that loud music will be played during the Event. The Organisation emphasizes the importance of the Visitor giving their hearing an occasional break during the Event by moving to an area where no loud music is played and to wear hearing protection at all times.
16.3 The Organisation is not liable for any damage resulting from entering (the location of) the Event and/or attending the Event, including hearing damage and other physical disorders, unless there is gross negligence and/or intent by the Organisation.
16.4 If the Organisation is nevertheless held liable, any liability will be limited to the amount paid out in the relevant case by the Organisation’s insurer, supplemented by the deductible (eigen risico).
Article 17: Lockers
17.1 The Organisation has the option to offer the Visitor the opportunity to rent a locker during the Event. A locker is a storage space for objects, clothing, bags, money, and/or valuable belongings of the Visitor, for which the Visitor will receive a personal key. With this key, the Visitor can open and close the locker.
17.2 The Organisation has the option to offer a voucher in the presale, with which a key for a locker can be collected at the Event. In cases where combination locks are used, the Visitor will receive the locker number and the relevant code via email one day before the Event. The Visitor is responsible for the voucher at their own risk and account.
17.3 The Organisation may hire a third party for the rental of lockers.
17.4 Under no circumstances is the Organisation liable for the loss and/or theft and/or use by a third party of the personal key. In addition, the Organisation is under no circumstances liable for damage resulting from theft from the locker. The use of the locker remains at the Visitor’s own risk.
Article 18: Parking
18.1 The Organisation provides parking facilities, the execution of which may be outsourced to a third party.
18.2 The Organisation has the option to offer a voucher in the presale, with which the Visitor can use the parking facilities. The Visitor is responsible for the voucher at their own risk and account.
Article 19: Tokens
19.1 At the Event, food and drinks can only be purchased using tokens.
19.2 Tokens purchased during an Event are only valid for that specific Event.
19.3 The Organisation has the option to offer a voucher in the presale, with which the Visitor can collect the purchased tokens at an official cash desk at the Event. The Visitor is responsible for the voucher at their own risk and account.
19.4 Under no circumstances will the Organisation refund the purchase price of tokens after the end of the Event. Furthermore, tokens are not exchangeable for cash or new tokens.
Article 20: Force majeure
20.1 Force majeure is understood to mean: force majeure in the broadest sense, which in this context also includes illness and/or cancellation of the artist(s), as well as strikes, lockouts, work stoppages, war, threat of war, terrorism or the threat thereof, civil war, riots, natural disasters, exceeding the delivery time of suppliers of goods or services, transport problems whether or not as a result of a shortage of means of transport or government measures, fire and other serious disruptions at the Organisation’s business, situations resulting from the loss or misplacement of permits or exemptions, the circumstance that supplier(s) and/or (sub)contractor(s) of the Organisation do not meet their obligations or do not do so on time, loss, damage, or theft of items and/or goods essential for the organisation, and import or trade restrictions.
20.2 The Organisation is not obliged to fulfill its obligations arising from the Agreement, nor to organise the Event, nor to refund already paid Ticket fees if it is prevented from doing so as a result of force majeure.
Article 21: Postponing or cancelling the Event (in whole or in part)
21.1 In the event of force majeure within the meaning of these general terms and conditions, the Organisation may postpone or cancel the Event (in whole or in part).
21.2 If the Event is postponed or cancelled (in whole or in part), the Organisation will publish this circumstance as much as possible in the manner it deems appropriate. In the event of full cancellation, the Organisation is only obliged to refund the admission price at the request of the Visitor, but not the reservation/administration fees.
21.3 The refund will only be made within a reasonable period after the date of the cancelled Event, provided the Visitor delivers a valid ticket, in the manner determined and announced by the Organisation (or the party processing the payment for the Event Ticket) through the channels announced by the Organisation.
Article 22: Program
The Organisation will endeavor to execute the announced program as far as possible in accordance with the announced timetable. However, the Organisation is not liable for deviations from this timetable and any resulting damage to Visitors and/or third parties.
Article 23: Other rules
23.1 The Visitor is obliged to comply with the regulations, internal rules, any amendments thereof, and the instructions of the Organisation, the operators of the Event location, security personnel, the fire department, police, and other authorized parties.
23.2 Specific rules may apply to the grounds or location of an Event, which will be announced or published on-site. If possible, the rules will also be published in advance on the Event website.
23.3 It is prohibited to take property or belongings of the Organisation outside the event grounds; this includes remnants of food and beverages. In the event of damage to the property or belongings of the Organisation, you are liable for the repair, replacement, and/or renovation costs.
Article 24: Sanctions
24.1 A Visitor who in any way acts in violation of the provisions in this chapter, other house and/or conduct rules, and instructions of the Organisation, operators of the Event location, security personnel, the fire department, the police, and other authorized parties, may be denied access to the Event location by the latter parties without prior warning, or removed from (any part of) the Event location, or handed over to the police.
24.2 If the Visitor acts in violation of the provisions herein and other house and/or conduct rules, the Visitor loses any claim to a refund of the price paid for the Ticket and any claim to compensation. Moreover, under no circumstances can the Visitor hold the Organisation liable for any damage resulting from a circumstance involving a violation of the provisions in this chapter and other house and/or conduct rules (partly) caused by the Visitor.
Chapter 4: Conditions for services or products delivered by third parties
Article 25: Payment of e-tickets
25.1 If the Visitor purchases an electronic version of a Ticket for an Event, the payment for this product will generally be handled by a third party engaged by the Organisation. This third party uses its own general terms and conditions in relation to the Visitor as the buyer of the Ticket, meaning that these terms, as well as the present general terms and conditions of the Organisation, will apply to the agreement regarding the Ticket.
25.2 After the purchase of a Ticket, there is no right to a refund of paid ticket fees.
Article 26: Offers from exhibitors at an Event
The Visitor can purchase products or services offered by third parties/exhibitors at the Event, such as food, drinks, or merchandise. Although the Organisation chooses these exhibitors with care, it is not a party to any agreement between the Visitor and this third party. Under no circumstances is the Organisation liable for damage resulting from the purchase or acquisition of a product or service from a third party/exhibitor at the Event location by the Visitor.
Chapter 5: Final provisions
Article 27: Rules
Insofar as the Visitor does not comply, does not fully comply, and/or does not comply on time with the rules of conduct, the Organisation may, depending on the specific circumstances, suspend its obligations, terminate the agreement without being liable for any compensation, or demand specific performance.
Article 28: Information on the Website
Although the Organisation devotes much care and attention to providing information on its Website, it cannot provide any guarantee regarding the nature and content of the information.
Article 29: Liability for information
29.1 Under no circumstances is the Organisation responsible to the Visitor or third parties for errors, (limited) information, or details on a Website, except in the case of intent or deliberate recklessness towards the Visitor. The Organisation, its affiliated companies, or third parties involved in the execution of a service or agreement shall under no circumstances be liable for damage, costs, loss of profit, loss, consequential damage, loss of privacy, or loss of data for direct or indirect use or operation of the Website.
29.2 Given the factors on the internet over which the Organisation has no influence or cannot reasonably exercise influence, the Organisation explicitly does not guarantee to the Visitor that the Website, parts thereof, or functions associated therewith will always function flawlessly or function according to the description or be available for use. The same applies to the operation of the server used by the Organisation. With regard to these factors, one might think of: the (quality of the) internet connection, the presence of hyperlinks to (unknown) third-party websites, potential attacks by hackers or others, viruses, bugs, or other errors or defects.
Article 30: Substitutive clause
If and insofar as any provision of these general terms and conditions is in conflict with any legal regulation, this will not affect the remaining provisions of these general terms and conditions. The provision in question will cease to exist and be replaced by a legally permissible provision that aligns as closely as possible with the content, scope, and nature of the original provision.
Article 31: Applicable law and jurisdiction
31.1 Dutch law applies to the agreement and general terms and conditions.
31.2 The District Court of East Brabant (Rechtbank Oost-Brabant) has jurisdiction to hear disputes regarding the agreement and general terms and conditions.