In these General Conditions the following definitions apply:
‘ALDA’: The private company with limited liability ALDA Nederland B.V., with its registered office and principal place of business at Anthony Fokkerweg 61 (1059 CP) Amsterdam, listed in the Commercial Register of the Chamber of Commerce under number 70066906 and/or its affiliated companies;
‘General Conditions’: These General Conditions;
‘Visitor’: The person visiting the Website and/or who buys an Admission Ticket for an Event and/or who visits an Event;
‘Event’: A Day At The Park mini festival on 19 September 2020;
‘Admission Ticket’: A physical and/or digital document, ticket or barcode delivered to the Visitor by ALDA and/or an official sales organisation engaged by ALDA, which entitles the holder to access and/or attend an Event;
‘Website: adayatthepark.nl and/or ALDA.nl;
‘Counterparty’: A Visitor, as meant in these General Conditions.
2.1 These General Conditions are applicable to all offers by ALDA and to all agreements between ALDA and the Counterparty indicated in this document.
2.2 These General Conditions are also applicable to agreements formed with the intervention of an official sales organisation engaged by ALDA such as but not limited to Paylogic.
2.3 The applicability of any terms and conditions of the Counterparty are hereby rejected by ALDA.
2.4 Any deviation from the General Conditions will only be binding if ALDA has agreed to this deviation in writing.
3.1 For entering into the agreement the General Conditions are made available electronically in such a way that the Counterparty can save them onto a durable data carrier. Moreover, the General Conditions can be viewed via the Website. In addition, at the first request, these General Conditions will be sent electronically or in another way to the Counterparty. A request to this end can be sent to firstname.lastname@example.org.
4.1 ALDA reserves the right to amend the General Conditions unilaterally. The amended version of the General Conditions will be clearly published on the relevant Website. The amended version of the General Conditions will be effective from the moment of publication.
GENERAL CONDITIONS WITH REGARD TO ADMISSION TICKETS AND EVENT VISITS
- FORMATION OF THE AGREEMENT
1.1 The agreement between ALDA and the Visitor with regard to the sale and delivery of Admission Tickets and visiting an Event is concluded at the moment that the Visitor orders and/or buys an Admission Ticket for the Event from ALDA or from an official (pre-)sale address engaged by ALDA. These General Conditions are applicable to all Admission Tickets and form an integral part of the said agreement. By acquiring and/or using an Admission Ticket and/or entering the Event the Visitor accepts the contents of these General Conditions.
- ADMISSION TICKET
2.1 The Admission Ticket entitles the Visitor to access and attend the Event. The Visitor will only gain access to the Event upon presentation of a valid and undamaged Admission Ticket. The Admission Ticket will be given once and entitles one person to enter the Event. Only the Visitor who upon commencement of the Event is the first one to show the Admission Ticket will be given access. The Admission Ticket remains the property of ALDA.
2.2 ALDA assumes that the holder of this Admission Ticket is also the person who bought the Admission Ticket. ALDA is not obliged to carry out further verification with regard to valid Admission Tickets. The Visitor himself must ensure that he becomes and remains the holder of the Admission Ticket provided by ALDA or by a (pre-)sales address engaged by ALDA. From the moment that the Admission Ticket has been provided to the Visitor, the risk of loss, theft, damage or abuse of the Admission Ticket rests on the Visitor.
2.3 ALDA reserves the right to impose a maximum on the number of Admission Tickets to be ordered per person and the Visitor is obliged to observe the maximum number imposed by ALDA.
2.4 ALDA only guarantees the validity of the Admission Ticket if the Admission Ticket has been bought from ALDA or from a (pre-)sales address acknowledged by ALDA. The burden of proof of this rests on the Visitor.
2.5 The Admission Ticket entitles persons above the age of 18 (in words: eighteen) to enter the Event, unless explicitly stated otherwise. ALDA will deny access to persons below the age of 18 to the Event, without ALDA being obliged to refund the admission fee.
2.6 If after having entered the Event or its location the Visitor leaves, the Admission Ticket will automatically lose its validity.
- PROHIBITION OF RESELLING THE ADMISSION TICKET
3.1 The Visitor is obliged to keep the Admission Ticket for himself. The Visitor is not allowed to resell the Admission Ticket and/or to offer it for sale to third parties for profit.
3.2 The Visitor is not allowed to advertise the Event or give any (other) form of publicity to the Event.
3.3 The Visitor is not allowed to transfer the agreement and/or rights arising from it to a third party unless this is for no consideration and not for profit. This stipulation has legal effect under property law. If the Visitor provides his Admission Ticket to a third party for no consideration and not for profit, he is also obliged to impose the obligations imposed on him as the Visitor as set out in the previous paragraphs of this Clause, on the person to whom he has made the Admission Ticket available. The Visitor guarantees to ALDA that this person/these persons will fulfil these obligations.
3.4 If the Visitor does not fulfil his obligations under this Clause, the Visitor will owe to ALDA a penalty immediately due and payable of €5,000.00 for each breach and €1,000.00 for every day that the breach continues, notwithstanding the right of ALDA to claim from the Visitor specific fulfilment and/or compensation for the loss suffered or still to be suffered.
3.5 In that case ALDA will also be entitled to declare the Admission Ticket invalid and/or to deny the Visitor (further) access to the Event, without the Visitor being entitled to repayment of the amount (including the service charges) which he paid to ALDA for the Admission Ticket, whether or not via an official (pre-)sales address.
- OBLIGATIONS OF THE VISITOR
4.1 ALDA is entitled to body search the Visitor or have him body searched prior to entering and/or during the Event and the Visitor is obliged to have him or her body searched.
4.2 The Visitor is obliged to identify himself at the first request, during his visit to the Event as well as upon ordering the Admission Ticket, by presenting a valid proof of identity. Also, all Admission Tickets must be personalized in connection with the measures taken by the National Institute for Public Health and the Environment (RIVM). Visitors leave their name and contact details so that the Public Health Service (GGD) can contact you in case of contamination related to the Event. One week before the Event, the main booker will receive a message to personalize the Admission Tickets. Subsequently, all persons in the booking must personalize themselves. The personalization closes 24 hours before the Event. If his Admission Ticket has not been personalized, the Visitor will not receive access to the Event, without ALDA being obliged to refund the admission fee.
4.3 It is forbidden to possess or bring along to the Event any cameras, spray cans, sprays, selfie sticks, drones, glassware, plastic bottles, tins, (alcoholic) beverages, food, drugs, flammable substances, fireworks, (fire) arms and/or other dangerous objects. ALDA is entitled to confiscate these items. Any confiscated items shall not be returned but destroyed by ALDA and/or a third party appointed by ALDA.
4.4 Recording the Event without explicit prior written approval from ALDA by means of professional recording equipment with a commercial purpose in any form whatsoever, including photography, filming and making audio and/or visual recordings is not allowed. This also applies to reprinting and/or copying items from the programme (booklet), posters and other printed works. If the Visitor acts in breach of this clause, ALDA is entitled to confiscate these recordings and to destroy, use and/or exploit them at its sole discretion, notwithstanding the right of ALDA to claim from the Visitor specific fulfilment and/or compensation of any damages thus suffered or still to be suffered.
4.5 If the Visitor has made recordings of a part of the Event by using non-professional recording equipment (such as a smartphone), these recordings are strictly for private use and they shall not be exploited in any way by the Visitor and/or made public for commercial purposes.
4.6 The Visitor is obliged to observe the (safety) regulations (including house rules) and/or directions of ALDA, the operators of the location where the Event is held, the security personnel (security), the fire services and other authorised personnel. The Visitor is not allowed to harass and/or interfere with other visitors and personnel present during the Event. Neither is the Visitor allowed during the Event and/or the location of the Event to be publicly under influence (from alcohol, drugs or otherwise) and/or to urinate outside the designated public toilets. If at the place of the Event there is also a smoking ban, this prohibition will apply to all smoking materials, including electronic smoking products (e-cigarettes).
- DENIED ACCESS TO EVENT
5.1 If the Visitor breaches one or more of the provisions as set out in these General Conditions, ALDA is entitled to declare the Admission Ticket invalid, to deny the Visitor (further) access to the Event, to remove the Visitor from the location where the Event is held, to transfer the Visitor to the police and/or to claim compensation for any damages suffered or still to be suffered.
5.2 ALDA at all times reserves the right to deny the Visitor any (further) access to the Event or to remove the Visitor from the location where the Event is held if ALDA in its sole opinion or discretion deems this necessary to maintain public order and safety during the Event. This for example applies if a visitor wears or carries clothing, texts or signs which, in the opinion of ALDA, may be offensive, discriminating, insulting to or cause aggression or unrest among other visitors.
5.3 If in the opinion of ALDA it is likely that an Admission Ticket has been forged, ALDA will also be entitled to declare the Admission Ticket invalid and/or to deny the Visitor any (further) access to the Event.
5.4 In the cases referred to in this Clause the Visitor will not be entitled to repayment of the amount that he has paid for the Admission Ticket (including the service charges) to ALDA, whether or not via an official (pre-)sales address. In addition, in the cases set out above the Visitor cannot claim any compensation and/or any damages suffered.
5.5 Come on time to your timeslot. From 30 minutes after the start of the show it is unfortunately no longer possible to gain access to the site, partly due to the security measures of the RIVM.
- RECORDING THE EVENT BY OR ON BEHALF OF ALDA
6.1 ALDA is entitled to record the Event, which includes the right to make video and/or audio recordings, or have them made, of the Event, the Visitor and the other visitors of the Event. ALDA is entitled to exploit and/or reproduce and/or publish these videos and/or sound recordings or have them published, in any form and in any way whatsoever. By entering (the location of) the Event the Visitor grants his or her unconditional consent to the making these recordings including the editing, publishing and exploitation thereof, without being entitled to any compensation.
6.2 Insofar as the Visitor has any right (including without limitation copyright, related rights and/or portrait right) with regard to the recordings referred to in this clause, the Visitor hereby transfers these rights to ALDA unrestricted and the Visitor hereby relinquishes irrevocably his/her moral rights or the Visitor will not invoke them. Should this transfer in advance not be legally valid, the Visitor will be obliged at the first request of ALDA to give the necessary written consent and/or to sign a transfer deed in which the said rights will be transferred to ALDA and/or to any of its affiliated companies free of charge.
7.1 The Visitor attends the Event at his own risk.
7.2 ALDA does not accept any liability for hearing loss, vision loss, blindness and/or other physical injuries and/or damage to goods, such as – but not limited to – clothing, whether or not inflicted by other visitors to the Event. ALDA explicitly advises the Visitor to wear ear protection during the Event.
7.3 ALDA will only be liable for damage to the Visitor that is the result of negligence attributable to ALDA.
7.4 The total liability of ALDA hereunder is limited to compensation of reasonable, documented and direct out-of-pocket expenses and damages of the Visitor to a maximum of the amount paid under the third party general liability insurance of ALDA.
7.5 ALDA’s liability for indirect damage, including consequential loss, immaterial damages, lost profits, missed savings and/or damage due to business interruption, is excluded.
7.6 The Visitor is obliged to report any damages within 48 hours after the Event to ALDA via email@example.com or otherwise any right to claim damages is declined.
7.7 If ALDA directly or indirectly engages any subordinates, non-subordinates, auxiliary persons, third parties and/or other persons in performing the agreement, any liability of ALDA pursuant to Section 6:76 of the Dutch Civil Code, Section 6:170 of the Dutch Civil Code, Section 6:171 of the Dutch Civil Code and Section 6:172 of the Dutch Civil Code will be excluded and ALDA will not be liable for damage caused by these persons.
7.8 ALDA will endeavour to ensure that the Event will be performed as much as reasonably possible according to the time schedule and line-up announced. However, ALDA cannot be held liable for any changes and/or deviations and for any damage that might arise from this for the Visitor. ALDA can also not be held liable with regard to the way in which the artist performs and the length of the artists’ performance. The start time stated on the Admission Ticket is with reservation.
7.9 The Visitor shall indemnify ALDA against any claims by third parties with regard to the damage for which the Visitor will be liable by law towards these third parties. The Visitor shall compensate ALDA for any damage including all legal costs incurred by ALDA that might be the result of any claim by those third parties.
- FORCE MAJEURE
8.1 If and insofar as ALDA cannot fully or partially meet its obligations to the Visitor as a result of force majeure, the Visitor cannot derive any right to compensation from this. Force majeure includes – without limitation – illness and/or cancellation of the performance by an artist, bad weather conditions, strikes, fire, collapse, fights, global health concerns, epidemics, pandemics, regulations imposed by the authorities, war conditions, terrorist threat and any other circumstances beyond the control of ALDA. In case of force majeure, ALDA has the right to cancel the Event.
8.2 If ALDA cancels the Event due to force majeure before the start of the Event, the Visitor is entitled to a refund by ALDA of not more than the entrance price stated on the Admission Ticket, regardless of the price paid by the Visitor for the Admission Ticket. If ALDA cancels the Event due to force majeure during the Event (meaning: after the start of the Event), the Visitor is entitled to a refund by ALDA of not more than a reasonable part of the entrance price stated on the Admission Ticket to be determined by ALDA. Refunds will be made within four weeks of the cancelled Event date by ALDA and shall include service charges. The Visitor cannot have the Admission Ticket replaced by an admission ticket for another Event, unless this is offered by ALDA for an individual case.
8.3 If the Event is not banned by the authorities nor cancelled by ALDA because of force majeure, but a Visitor nevertheless decides not to attend the Event due to, for example, fear, health problems or disappointing weather, the Visitor cancels at his own expense.
- PERSONAL DETAILS
- OTHER PROVISIONS
2.1 If one or more provisions in the General Conditions are invalid or is/are annulled, the remaining provisions will remain fully applicable. In that case ALDA and the Counterparty will replace the invalid or annulled provision(s) by (a) legally valid provision(s) seeking as much as possible a connection with the original intent of the respective Clause.
2.2 ALDA is at all times entitled to amend these General Conditions unilaterally.
- APPLICABLE LAW, COMPETENT COURT
3.1 These General Conditions and the associated agreement are exclusively governed by Dutch law.
3.2 Any disputes arising from or associated with the General Conditions and the associated agreement will exclusively – to the exclusion of any other court – be submitted to the district court of Amsterdam.
21 August, 2020