December 8 & 9, 2018//Westergasfabriek, Amsterdam
THESE GENERAL TERMS AND CONDITIONS OF FRIENDLY FIRE B.V., WITH ITS REGISTERED OFFICE AT WINGERDWEG 4 (1031CA) IN AMSTERDAM (Chamber of Commerce number: 30251806, VAT number NL8202.86.710.B01), HEREINAFTER REFERRED TO AS ‘THE ORGANISATION’, APPLY TO AGREEMENTS CONCLUDED BY THE ORGANISATION WITH VISITORS TO THE EVENT ‘AMCAT’ AND/OR OTHER EVENTS TO BE ORGANISED BY THE ORGANISATION, HEREINAFTER REFERRED TO AS ‘THE EVENT’.
Article 1 Applicability
1.1 These general terms and conditions apply to every agreement within the context of visiting the Event and the purchase of all entry tickets between the visitor to the Event and the Organisation, irrespective of how it is concluded. By purchasing and/or using a ticket and/or entering the event location, hereinafter referred to as the ‘Event Location’, the visitor agrees to the content of these general terms and conditions.
1.2 The Event Location may apply house rules that apply in addition to these general terms and conditions and that can be found on the Organisation’s website(s) (including amcatfestival.nl) and/or at the Event Location. By purchasing the ticket, the visitor declares in advance that he/she agrees to these house rules as well.
1.3 The Organisation has the right to change these general terms and conditions in whole or in part at any time. The Organisation informs visitors of changes in due time by publishing such changes on the relevant website(s) of the Organisation. If the visitor does not inform the Organisation in writing within 10 (ten) working days that he/she cannot agree to the changes in accordance with the principles of reasonableness and fairness, the visitor will be deemed to have agreed to the changes.
1.4 The nullity of any provision of these general terms and conditions does not affect the validity of the other provisions.
Article 2 Purchasing tickets
2.1 The agreement between the Organisation and the visitor for the purchase of tickets is formed after an order for one or more tickets has been placed with the Organisation or a (pre) sales outlet engaged by the Organisation.
2.2 An order that has been placed is irrevocable and the visitor cannot change the agreement after that moment. The Organisation reserves the right at all times to refuse orders or to impose additional conditions.
2.3 Information, such as announcements and quotes with respect to the Event and/or tickets are provided or represented as accurately as possible. Additional costs, related for example to reservations, payment and/or delivery, may mean that prices for tickets are higher than the prices printed on the tickets by the Organisation. The Organisation does not accept liability for any inaccuracy and incompleteness in the provided information referred to above.
Article 3 Tickets and access
3.1 The visitor is required to hold a valid ticket and valid proof of identity when entering the Event Location.
3.2 A ticket is issued to the visitor once and only grants the holder of the ticket (once-only) access to the Event and the Event Location.
3.3 CTS Eventim Nederland B.V. (eventim.nl) is the exclusive ticketing provider engaged by the organization for the World. Tickets are only available from the website(s) of the Organisation, ticketing provider(s) and the exclusive presale outlet(s) of the ticketingprovider(s). Only purchases made at a recognised presale outlet guarantee the validity of the ticket. The burden of proof in that respect lies with the visitor.
3.4 The tickets are sent to the visitor before the start of the Event, provided the purchase price for the tickets has been paid. The visitor is required to check the tickets for correctness after their receipt. If the relevant visitor has not received the purchased tickets on time, or if defects or errors in the tickets are identified, the visitor is required to contact the organisation in writing (by letter or e-mail). If a ticket consists of a bar code provided by or on behalf of the Organisation, which is provided to the visitor by electronic means of communication (for example by e-mail), the visitor is required to ensure that the ticket can actually be issued by electronic means of communication in a safe manner. The Organisation guarantees neither the confidentiality nor the receipt of the ticket.
3.5 The tickets are and remain the property of the Organisation. The risk of loss, theft, damage or abuse of the ticket rests with the visitor from the moment the ticket has been made available to the visitor. The Organisation does not accept any liability for the loss of or damage to the tickets due to any cause whatsoever. In the event the Organisation is asked to provide replacement tickets, the Organisation has the right to refuse such a request or to charge costs therefor.
3.6 The visitor is not allowed to sell or resell the tickets for commercial purposes or to provide them to third parties or to refer to the tickets in commercial advertisements.
3.7 If the visitor makes the ticket available to third parties for no consideration and for non-commercial reasons, the visitor will be obliged in such cases to impose all of his/her obligations arising from the agreement with the Organisation or these general terms and conditions on those third parties in full. The visitor guarantees that the aforementioned third parties will comply with all of those obligations.
3.8 The organisation can decide to sell personalised tickets. The organisation is entitled (but not obliged) to verify the identity of the holder of the ticket in order to establish that the holder is the customer and, if this is not the case, to refuse the holder entrance to the event.
Article 4 Liability
4.1 Visitors enter the Event Location and attend the Event at their own risk. The Organisation is not liable for the loss, theft or damage to the property of visitors.
4.2 The Organisation is not responsible or liable for any damage resulting from cancellation, changes or deviations in (the content of) the programme of the Event, nor for any other damage, on any other basis, which results directly or indirectly from the acts or omissions on the part of the Organisation and/or the Event Location, on the part of persons employed by (one of) them, or of other persons who have been employed by (one of) them, or on the part of third parties, during the Event or in connection with the time spent at the Event Location, unless the damage results from intent or gross negligence on the part of the Organisation.
4.3 To the extent that the Organisation should be liable for any damage sustained by the visitor despite the provisions above, said liability will be limited at all times to the direct damage – and therefore excludes indirect or immaterial damage – up to the amount that will be paid out pursuant to the Organisation’s statutory liability insurance and only if it is required by law to do so. In such cases, the Organisation is also liable if the visitor notifies the Organisation of the defect without delay, whereby the Organisation is also afforded the opportunity to comply with the obligation as yet, and if the Organisation continues not to comply with the obligation even after that notice of default has been served.
4.4 The visitor is aware of the fact that loud music will be played during the Event. The Organisation recommends that visitors wear ear protection and regularly go to an area where no music is played to give their ears a rest.
Article 5 Cancellation or relocation of the Event
5.1 The Organisation has the right to move the Event to a different date or to another location or even cancel the Event in cases of force majeure. ‘Force majeure’ should be interpreted broadly in that context and comprises, inter alia, illness of and/or cancellation by the artist(s), strikes, fires, bad weather conditions etc.
5.2 The Organisation will refund the entry fee stated on the ticket to the visitors if the Event is cancelled. Refunds will be made in the manner indicated by the Organisation. Service charges or other direct or indirect consequential damage is not compensated.
Article 6 House rules
6.1 Visitors are required to comply with the house rules and the regulations and instructions of the Organisation and the competent authorities. If the Organisation considers such reasonably necessary to maintain peace and order during the event, in any event if public order or safety are endangered during the event, it will have the right to deny the visitor (further) access to the Event and/or to remove the visitor from the Event Location.
6.2 Persons below the age of 16 are only allowed entry if they are accompanied by a person aged 18 or over.
6.3 In order to enable the Organisation to comply with its statutory obligations, visitors must be able to show identification upon request. This applies, inter alia, within the context of the Licensing and Catering Act from which it follows that alcohol is not sold to visitors below the age of 18. Visitors below the age of 18 are issued with a different wristband upon entering the Event Location.
6.4 Visitors will be searched when entering the Event Location. Visitors who refuse to be searched may be denied access to the Event.
6.5 Digital cameras and telephones with cameras are allowed into the Event Location, (digital) video cameras/camcorders and other (sound) recording equipment are not allowed.
6.6 Recording the Event without the explicit, written, prior approval of the Organisation in any form whatsoever, including professional photographing, filming and making sound and/or image recordings for commercial purposes, is prohibited, as are copying and/or taking over matters from the programme (leaflet), posters and other printed material.
6.7 The following items are not allowed in the Event Location either: food, glassware, plastic bottles (0.5 litre bottles without caps are allowed), sports bottles, cans, camelbaks, pets, (folding) chairs, stools, inflatable objects, umbrellas and sunshades, selfiesticks, drugs, fireworks, (fire) arms, dangerous objects and professional photo, film and other recording equipment. The Organisation will decide whether it concerns professional equipment. The Organisation will confiscate prohibited items or have these confiscated upon entering the Event Location. Valuable property that is legal can be retrieved later. Illegal property will be handed over to the police.
6.8 Smoking is not allowed in the tents and the (temporary) buildings, with the exception of any designated smoking areas. Any fines imposed on the Organisation as a result of the violation on the part of the visitor will be recovered from the visitor.
6.9 Pets or animals are not allowed into the Event Location. In addition, visitors to the Event Location are not allowed to crowd surf, start (small) fires and/or to perform commercial activities, and/or to make any kind of offensive, discriminatory or insulting statements or to wear or distribute such signs. Wearing motorcycle club clothing and other clothing with group-characteristic texts is not allowed.
Article 7 Privacy and personal data
7.2 The Organisation will handle the personal and other data it has obtained with due care and process them exclusively in accordance with the Personal Data Protection Act and, with effect from 25 May 2018, the General Data Protection Regulation.
7.4 Image and/or sound recordings may be made of the Event and the visitors and recordings may be made public or reproduced without the Organisation or third parties owing the visitor any compensation in respect thereof. In addition,media partners selected by the Organisation may make sound and/or audio-visual recordings for the purposes of registrations and/or the promotion of the Event.
7.5 The visitor hereby transfers any neighbouring rights and/or copyrights and/or image rights to the Organisation without any limitation. This transfer relates to any existing and future forms of exploitation of the aforementioned recordings. If, for any reason, this provision fails to result in the transfer of the aforementioned rights to the organisation, the visitor will unconditionally cooperate in said transfer by completing and signing a document prepared for that purpose.The visitor furthermore irrevocably waives the right to invoke his/her moral rights.
7.6 To ensure the safety of the Visitor and the protection of persons, building and grounds, there is camera surveillance. At variouslocations of the event grounds, there are visible security cameras. In the event of any calamity, these recordings may be handed over as support material to the relevant government authorities, including the police and the judicial authorities.
Article 8 Final provisions
8.1 These general terms and conditions are governed exclusively by Dutch law.
8.2 Any disputes of any nature that arise between the visitor and the Organisation in connection with the use or application of these general terms and conditions and/or related agreements will be submitted exclusively to the competent court in Amsterdam.