Article 1. General
- These terms and conditions apply between Kingsday Festival B.V., a subsidiary/affiliate of Apenkooi Events BV or an alliance between her third parties, hereinafter all together, ‘STRAF_WERK’ and, secondly, a person an event from Kingsday Festival B.V. (hereinafter the “Event”) wishes to visit and to this end has bought a ticket (the ‘Visitor’) which Kingsday Festival B.v. these conditions have stated and visitor accepts these conditions explicitly, by buying a ticket.
- These conditions also apply to tickets obtained from third parties (ie. Agents, websites of authorized parties, etc.) for that purpose engaged or appointed by STRAF_WERK. Which parties have made known by STRAF_WERK on or through its website www.nassaufestival.com well as on or through the website of the Event.
- Under Event is in these terms mean all organized by STRAF_WERK (dance) parties/festivals or other events in the broadest sense.
- The location where the Event is held in these terms means the actual site of the event as well as all areas, spaces, fields, etc around it that are part of the complex, where the Event takes place.
- If one or more provisions of these terms at any time wholly or partially invalid or void, the remainder stays in these terms and conditions fully apply. STRAF_WERK and the other party will then engage in dialogue to develop new rules to agree to replace the invalid provisions, as much as possible the purpose and intent of the original provisions are observed.
- If uncertainty exists regarding the interpretation of one or more provisions of these terms and conditions, then the explanation should take place “in the spirit of these terms and conditions.
- If there is a conflict between parties arises which is not covered by these general conditions, this situation should be assessed in the spirit of these terms and conditions.
- If STRAF_WERK does not require strict compliance with these conditions, this does not mean that its provisions do not apply, or STRAF_WERK to any degree would lose the right to otherwise demand strict compliance with the provisions of these terms and conditions.
Article 2 Conclusion of the agreement/tickets
- The agreement on the visit of the Event between STRAF_WERK and the visitor comes about when the visitor orders a ticket for the Event at STRAF_WERK or a third party engaged by STRAF_WERK / buy.
- This agreement to buy a ticket and visit the Event these general conditions and the house rules which have been published on the website of the relevant Event or on the website of STRAF_WERK applicable (the “House Rules”). The agreement on the visit of the Event between STRAF_WERK and the Visitor, cannot be dissolved Be it be altered by the Visitor.
- STRAF_WERK always reserves the right to refuse orders for tickets.
- An admission ticket can consist of a document issued by or on behalf STRAF_WERK or a bar code supplied by or on behalf STRAF_WERK. The barcode is a unique code.
- The admission tickets are and remain the property of STRAF_WERK. The tickets will only be issued once and give access to one person. The original ticket gives the visitor the right to attend the Event. Loss, damage, theft or abuse of the ticket comes from the moment the ticket was made available to the Visitor for the account and risk of the Visitor.
- Only purchase from a third party engaged by STRAF_WERK or STRAF_WERK guarantees the validity of the ticket. The burden of proof rests on the Visitor.
- The admission ticket that consists of a bar code by means of electronic communications (e-mail) provided to the Visitor. If the Visitor has chosen to receive the admission ticket in this way, the Visitor to ensure that this admission ticket via the appropriate electronic communication can be provided and that this can be provided in a safe manner. STRAF_WERK can guarantee neither the confidentiality of the supplied admission ticket nor its receipt of the admission ticket.
- STRAF_WERK reserves the right to set a maximum number to order tickets and the visitor is then obliged to adhere to the maximum set by STRAF_WERK.
Article 3 Prohibition on sale, etc.
- The Visitor is obliged to keep the ticket for an Event for themselves and therefore not in any way to sell to third parties, offer for sale or offer for the purposes of commercial purposes or to provide, under penalty of a direct claimable damages of EUR 5000, – per violation and € 1000, – per day that the violation continues and remittance of profits obtained.
- A ticket is not obtained directly from or paid to STRAF_WERK and/or a third party engaged by it is invalid and gives no right of access to an Event. STRAF_WERK can access one at the Visitor refuse access if STRAF_WERK suspect or the science that there is an invalid ticket. The burden of proving that it is a matter of a valid ticket is located in the Visitor (eg. By presenting a receipt to STRAF_WERK).
- The Visitor who admission ticket to not, not in the context of commercial purposes as stated under 1, makes available to third parties, is obliged to him as Visitor obligations as stated in these Terms and Conditions as well as the House Rules also impose to the person to whom it makes available the admission ticket and guarantees to STRAF_WERK guarantee that the person (s) n (s) fulfill these obligations.
- If the Visitor its obligations as stated in the preceding paragraphs of this article fails to comply with and/or for it not to be, the Visitor is a fine of EUR 5000, – per violation owe STRAF_WERK and EUR 1000, – for each day that the violation has continued and continues notwithstanding the right of STRAF_WERK to Caller besides performance and/or compensation for loss suffered or to be suffered to recover damages.
Article 4 Other liabilities Visitor
- The Visitor is obliged to observe during the visit of the Event at the House Rules.
- The Visitor is required, if requested, to cooperate in a body search when attending the event.
- The Visitor must be in possession of a valid and intact admission ticket both before and during the event and for as long as he is in the place where the Event is held there. The Visitor is required at any time to any request for the employees of STRAF_WERK or employees engaged by a third party, such as law enforcement personnel and security guards, to show his ticket.
- The Visitor is obliged on the first request, either during the visit of the Event as to order / purchase of the ticket, to identify themselves to STRAF_WERK inter alia enable it to meet its legal obligations in the framework of events including the obligation of not providing alcohol to persons younger than 18 years.
- It is forbidden photographic, film and other recording equipment to take to the place where the Event takes place, on pain of confiscation of the said equipment for the duration of the Event.
- It is prohibited glassware, plastic bottles, cans, fireworks, (fire) arms and/or dangerous objects, illegal drugs and/or alcohol to bring to the place where the Event takes place, on pain of confiscation of these matters.
- Registration for the event in whatever form, including photographing, filming and making (another) audio and/or visual recordings is prohibited, as well as focus and/or acquisition from the program (booklet), posters and other printed matter. All such recordings shall be confiscated and unconditionally destroyed.
- If the Visitor after entering the place where the Event takes place, leave this place, the ticket loses its validity.
- The Visitor is obliged to adhere to the regulations and/or directions from STRAF_WERK, by third parties engaged, operators of the place where the Event is held, the security personnel, firefighters and other authorized persons.
- The Visitor and everyone prohibited without the prior written consent of STRAF_WERK on and/or around the Event merchandise for sale to offer or sell.
- The Visitor and everyone prohibited in and/or around the Event distributing flyers, posters and/or banners to hang or perform other types of promotional activities without the prior written consent of STRAF_WERK.
- The Visitor is obliged to abide by the rules applicable to public policy (eg. Not urinating, no public drunkenness, no aggressive behavior, etc.), for violations STRAF_WERK will hereof Visitor (further) deny access to the Event, without prejudice STRAF_WERK’s right to recover any damages caused by the Visitor.
- In situations where these conditions are not provided, STRAF_WERK decided on taking measures possible. The decision of STRAF_WERK in this matter is final.
Article 5 Rights of STRAF_WERK
- In case of violation by the Visitor of (any of) the provisions mentioned in these terms and conditions and / or the House Rules is STRAF_WERK entitled to make the ticket invalid or the Visitor (further) to refuse access to the Event without the Visitor entitled to a refund of the amount he for the entrance ticket (including service charges) STRAF_WERK, whether or not through a (pre) sales address has met. Holders of invalidated tickets have no refund or compensation otherwise.
- STRAF_WERK always reserves the right of the Visitor (further) preventing access to the Event or to the place where the Event takes place delete if STRAF_WERK this reasonably necessary for the maintenance of peace and order during the event.
- If it is likely that there is a falsification of the ticket is STRAF_WERK entitled the holder of this ticket is the (further) to refuse access to the Event without the holder of this fake ticket can claim any damage he suffers as a result.
- By Visitor during the Event vouchers purchased in any one form, can be returned only at the Event offered products such as beverage and/or food. The vouchers give no right to any refund of any amount. One Event the Visitor Once purchased vouchers, therefore, feed during or after the Event no right to compensation or refund of the purchase price.
- An announcement for a line-up of artists, location, etc. is voluntary and may be subject to change. STRAF_WERK is entitled to ever-changing approaches, which can never give a right to compensation for the Visitor. Naturally, all are always trying to make a change to suit the character of the Event.
- The artist and STRAF_WERK are entitled to from the Event audio and/or (have) sound make and use these images for promotional purposes, for themselves or for their partners or sponsors. Visitors who appear in the recordings can not claim any compensation or on portrait rights.
- STRAF_WERK retains the rights and powers to which he is entitled under the Copyright and other intellectual laws and regulations.
Article 6 Force
- In case of force majeure in the broadest sense, which in this context also includes sickness and/or cancellation by the artist (s) instructions of the government, strikes, fire, bad weather, epidemics etc. STRAF_WERK has the right to the Event to shift to a later date or to cancel the event in its entirety.
- If the Event is canceled as a result of or in relation to force majeure STRAF_WERK before it has started, STRAF_WERK will only be a visitor in possession of an original receipt obtained from a by STRAF_WERK authorized reseller for a ticket for an Event provide a reasonable remuneration, which never more in value may exceed the price which is listed on both the receipt and the ticket.
- If an Event as a result of or to be canceled due to force majeure after it has commenced, STRAF_WERK will give the visitor a discount of 25% on another, next Event organized by STRAF_WERK.
- If the Event as a result of or in relation to force majeure STRAF_WERK will be moved to another date, the ticket will be valid for the new date of the Event will take place. If this is the case, this will be announced via the STRAF_WERK website. The Visitor may not claim in that case (replacement) access to another event organized by STRAF_WERK as mentioned under 4.
- An appeal to what is stated in this article shall, within seven (7) days from the original date of the Event to be submitted in writing to STRAF_WERK (that is joined to the original ticket and the original receipt).
Article 7 Liability STRAF_WERK
- STRAF_WERK is never liable for damage from the Visitor by visiting the Event unless there is intent or gross negligence of STRAF_WERK. In that case, STRAF_WERK limited liability for direct damage suffered by the Visitor, which STRAF_WERK is insured and that is actually paid by the insurer. Not eligible for reimbursement:
- Consequential damage;
- Immaterial damage;
- Damage caused by intent or gross negligence by STRAF_WERK third parties and auxiliary persons STRAF_WERK.
- Claims against STRAF_WERK within seven (7) days after the Visitor has suffered the damage to be submitted in writing to STRAF_WERK (that is joined to the original ticket and the original receipt) and are then treated as soon as possible.
- Entering the place where the Event takes place and attending the Event takes place by the Visitor own expense and risk, in the sense that STRAF_WERK accepts no liability for damages caused by this entrance or attendance such. Auditory, facial – and other physical disorders.
- STRAF_WERK will strive to present the program according to the announced time schedule will be implemented. However, it is not liable for deviations therein and for the (possible) damage that this could cause for the Visitor and/or third parties. Starting and ending times as stated on tickets are subject to change and / leak. The Visitor is obliged to check regularly on the website of STRAF_WERK or the starting time is unchanged.
- STRAF_WERK is not liable for the content and the method of implementation of the program of the Event, including expressly the length of the program. STRAF_WERK is not liable for changes in the program of the Event.
- STRAF_WERK is not liable for damage from the Visitor arising from loss or damage to property or to the admission ticket.
Article 8 Applicable law and disputes
- On relations with all legal STRAF_WERK a party, only Dutch law, also if a contract wholly or partly abroad or if the party is domiciled there involved in the relationship.
Only parties will first appeal to the courts after they settle the utmost to solve a dispute by mutual agreement.