GENERAL TERMS AND CONDITIONS FOR VISITORS

dated 01 – 01 – 2022

 

These General Terms and Conditions for Visitors are of the private limited liability companies IMAGINATION MADE REAL BV, registered in the Trade Register of the Chamber of Commerce under number 83369082, LEFTFIELD FESTIVAL BV, registered in the Trade Register of the Chamber of Commerce under number 83499423, and
ICONS LIVE BV, registered in the Trade Register of the Chamber of Commerce under number 84365331, hereinafter jointly referred to as the “Organiser“.

These General Terms and Conditions have also been filed with the Chamber of Commerce in Amsterdam.

  1. DEFINITIONS

The following definitions are used in these general terms and conditions:

  • General Terms and Conditions: the present general terms and conditions.
  • Visitor: any natural person who does not act in the exercise of a profession or business and who directly or indirectly concludes an agreement with the Organiser in the context of visiting an Event.
  • Third Party/Parties: any party selling a Ticket, product or service related to an Event, not being the Organiser.
  • Event: any event that is (co-)organised by the Organiser, including in any case, but not limited to a concert, dance event, business event, festival and any associated camping facilities.
  • Ticket(s): a legally obtained admission ticket that entitles the Visitor to visit the Event.
  • Website(s): the website(s) of the Organiser:Imagination Made Real – imaginationmadereal.nl
    ICONS Live – www.icons-live.events
    LEFTFIELD FESTIVAL – www.leftfieldfestival.com
  1. APPLICABILITY
  • The General Terms and Conditions apply to every agreement that is concluded between the Organiser and the Visitor, regardless of the manner in which the agreement is concluded. The agreement is in any case concluded at the moment that the Visitor purchases a Ticket and/or when entering the Event location. The General Terms and Conditions are declared applicable before the Visitor purchases a Ticket. By purchasing a Ticket and/or entering the Event location, the Visitor agrees to these General Terms and Conditions. The General Terms and Conditions also apply if the agreement is concluded via a Third Party, in any way whatsoever.
  • Reference is made to the General Terms and Conditions on the Ticket. The Visitor can also review the General Terms and Conditions when entering the site of an Event, where an extract of the General Terms and Conditions will be available at the entrance.
  • When purchasing the Ticket via the Website, the Visitor has the opportunity to review the General Terms and Conditions before proceeding to conclude an agreement electronically.
  • The Organiser has the right to change the General Terms and Conditions in whole or in part at any time. The Organiser will inform the Visitor of the changes to the General Terms and Conditions in a timely manner by reporting this on its Website.
  • The Organiser expressly rejects the applicability of any general terms and conditions of the Visitor.
  • The nullity of any provision of these General Terms and Conditions does not affect the validity of the other provisions of these General Terms and Conditions.
  • In addition to the General Terms and Conditions, any (general) terms and conditions of the Third Party may also apply. If the general terms and conditions of the Third Party conflict with these General Terms and Conditions, these General Terms and Conditions will prevail.
  • The General Terms and Conditions only apply to private individuals and therefore not to professional parties.
  1. TICKET
  • Access to the Event is only obtained upon presentation of a valid Ticket. Persons wishing to enter are required to present identification upon request due to an age limit check, where applicable. If the Visitor leaves the location of the Event after entering, the Ticket will automatically lose its validity.
  • From the moment that the Ticket is made available to the Visitor, the Visitor bears the risk of loss, theft, damage or misuse of the Ticket. The Ticket is issued once and gives access to one person. Only the holder of the Ticket who first presents the Ticket at the entrance of the Event will be granted access. The Organiser may assume that the holder of this Ticket is also entitled thereto.
  • Only purchase from recognised (advance) sales addresses or from the Organiser guarantees the validity of the Ticket. The burden of proof in this regard rests on the Visitor. The Ticket may consist of a barcode that is provided to the Visitor via electronic communication (e-mail). If the Visitor has chosen to receive the Ticket in this way, the Visitor must ensure that this Ticket can be issued securely via electronic communication.
  • The Organiser reserves the right to set a maximum number of Tickets that may be obtained per Visitor.
  1. RESALE BAN
  • The Visitor is prohibited from reselling the Tickets in any way whatsoever, unless through a sales channel designated by the Organiser.
  • The Visitor may be refused entry to the Event if he possesses a Ticket that he has purchased through an unauthorised sales channel.
  • The Visitor is not permitted to advertise or have any other form of publicity made in any way with regard to the Event or any part thereof.
  • The Visitor who sells and/or makes his ticket available to third parties is obliged to impose the obligations imposed on him, as set out in these
    General Terms and Conditions, on these third parties. The Visitor guarantees to the Organiser that these third parties comply with the General Terms and Conditions.
  • If the Visitor fails to comply with his obligations under Article 4, the Visitor will owe the Organiser an immediately due and payable fine of EUR 5,000 per violation and
    EUR 1,000 for each day that the violation continues, without prejudice to the Organiser’s right to demand compliance and to claim compensation.
  • If the Visitor violates one or more of the provisions of these
    General Terms and Conditions, the Organiser is entitled to invalidate the Ticket and to refuse the Visitor access to the Event, without the Visitor being entitled to any refund.
  1. LIABILITY
  • Entering, staying and travelling to and from the location of the Event is entirely at the Visitor’s own risk. The Organiser can in no way be held liable for any damage suffered by the Visitor in this regard.
  • The Organiser expressly excludes its liability for loss of clothing, items and/or other property of the Visitor.
  • The Organiser expressly excludes its liability for hearing damage, visual damage, blindness and/or other physical injury of the Visitor in connection with the Event.
    The Visitor is aware that loud music is played during the Event. The Organiser therefore advises the Visitor to protect his hearing with special earplugs and to occasionally go to a room with less loud music or no music.
  • The Organiser expressly excludes its liability for indirect damage, consequential damage, immaterial damage and lost profit.
  • Insofar as the Organiser is nevertheless held liable, that liability is always limited to the amount that will be paid out by the Organiser’s third-party liability insurance.
  • The Organiser excludes its liability for the way in which the program of the Event, whether or not in modified form, is fleshed out, including the content and duration of the program of the Event.
  • The Visitor is obliged to report any damage incurred within 72 hours after the Event has ended to the Organiser via the e-mail address hello@imaginationmadereal.nl, subject to forfeiture of any claim for compensation.
  • If the Organiser directly or indirectly engages subordinates, non-subordinates, auxiliary persons, third parties and/or other persons at the Event, any liability of the Organiser pursuant to Article 76 of Book 6 of the Dutch Civil Code (CC) and Articles 170 through 172 of Book 6 CC is excluded and the Organiser is not liable for damage caused by these persons.
  • The Visitor indemnifies the Organiser against any claims by third parties with regard to damage for which the Visitor is liable towards those third parties under the law. The Visitor compensates any damage suffered by the Organiser as a result of any claim from third parties.
  1. PROGRAM
  • The Organiser strives to ensure that the Event program will be carried out according to the announced schedule as much as possible. The Organiser is not liable for deviations therein. The Organiser is not liable for the content and the manner in which the program of the Event is performed, including the length of each performance by the artists. The starting time stated on the Ticket is subject to change.
  1. CANCELLATION OR RESCHEDULING IN CASE OF FORCE MAJEURE
  • In case of force majeure in the broadest sense, including especially −but not exclusively − disease and/or cancellation of the artist(s), strikes, terrorist threat, decision to cancel by the competent authority, fire, weather, threat to public health, or pandemic-related causes (such as COVID-19), the Organiser has the right to reschedule the Event to another date or location or to cancel the Event. In that case, the Ticket remains valid for the new date on which the Event will take place. If the Visitor is unable or unwilling to visit the Event on the new date, the Visitor is entitled to return the Ticket to the Organiser or to another party designated by the Organiser, against a refund of the fee stated on the Ticket, regardless of which price the Visitor has paid for the Ticket, and excluding service and/or administration costs.
  • A (partial) refund will only be made within a reasonable period after the date of the cancelled Event, upon presentation by the Visitor of a valid, undamaged Ticket, which also shows that it was purchased directly by the Visitor, in the manner and to the channels to be announced the Organiser (or the party that has processed payment for the Ticket).
  • If the Event has to be cancelled as a result of force majeure after it has started, the Organiser will only be obliged to refund a part of the price to be determined by the Organiser, of the Ticket paid for by the Visitor through the official (advance) sales outlet. Service costs and/or other damage will not be compensated. Nor can the Visitor claim (replacement) access to another event.
  • The Visitor is not entitled to a refund of the purchase price in the event that the Visitor is unable to visit the Event, because the Visitor cannot meet the conditions imposed by the government for entry, such as showing a valid vaccination certificate and/or negative COVID test.
  1. SAFETY PRECAUTIONS
  • The Organiser has the right to search and/or examine Visitors to the Event and the goods they have with them when they enter or attend the Event. The Visitor who does not cooperate may be refused access to the Event or may be removed immediately, without the right to a refund of the purchase price of the Ticket.
  • If during the Event sound or video image are made with security cameras, the Organiser can hand these over to third parties, including the police and the judiciary in the event of calamities.
  1. PROHIBITED ITEMS
  • It is prohibited to bring or have professional photo, film, drone and/or sound and/or other recording equipment of any kind (unless expressly stated otherwise on the Website), glassware, plastic bottles, (alcoholic) drinks, selfie sticks longer than 1.5 meters when extended and/or constructions that are not intended for that purpose, food, drugs (including those on lists I and II of the Opium Act), nitrous oxide (cartridges), cans, fireworks, animals, weapons and/or dangerous objects, for oneself or someone else, at the location of the Event, or to use these before or during the Event, subject to seizure. The location of the Event may have different and/or additional policies that apply to this article and the Event, which in that case also apply to the Event. Confiscated goods will not be returned.
  • A Visitor who violates this prohibition may be refused entry and/or be removed from the Event, without the right to a refund of the purchase price of the Ticket. The Organiser is free to hand over the Visitor who violates this prohibition to the police and to destroy the seized goods.
  1. DENY ACCESS
  • The Organiser reserves the right to deny certain persons (further) access to the Event or to remove them from the Event and/or to hand over the Visitor to the police, if in its opinion this is necessary to maintain public order and safety during the Event and/or if there is a violation of an article from these General Terms and Conditions. This also applies if, in the opinion of the Organiser, a Visitor wears or carries a piece of clothing, texts or signs which, in the opinion of the Organiser, could be offensive, discriminatory, insulting or cause aggression or unrest for other Visitors or that do not comply with the dress codeexpressly indicated by the Organiser, and also applies for undressing during the Event (including,
    but not limited to, for example a bare upper body). In addition, if it is plausible that the Ticket has been forged, the Organiser is entitled to deny the holder of this Ticket (further) access to the Event. A Visitor who has been denied (further) access to the Event or who has been removed from the Event cannot claim any compensation for damage that he may suffer as a result and is not entitled to a refund of the amount of the Ticket.
  1. OTHER REGULATIONS
  • Specific rules may apply to each Event for the location of the Event (“house rules”), which will be announced on site. If possible, such rules will also be announced in advance on the Website.
  • The Visitor to the Event is obliged to comply with the regulations, house rules and/or changes thereto, as well as with the instructions of the Organiser.
  • The Visitor is obliged to follow instructions, regulations and/or directions from employees of the Organiser and/or third parties engaged by the Organiser upon first request. These instructions can monitor the prevention of (undesirable) group formation, aggressive behaviour, lewd or offensive behaviour, calamities, endangerment, discrimination, insult, wearing provocative clothing, flags or the like.
  1. SOUND AND VIDEO IMAGES
  • Registration of the Event in a professional and/or commercial manner, including by means of photographing, filming and making sound and video images, is prohibited without the express prior written consent of the Organiser in any form whatsoever.
  • If registrations of the Event have been made by the Visitor using non-professional recording equipment, those registrations are strictly for personal use.
  • The artists and/or the Organiser are entitled to make sound and video images of the Event and its Visitors for commercial purposes and to reproduce and/or make these recordings public in any form and in any way. By obtaining a Ticket for the Event and/or by entering the location of the Event, the Visitor grants unconditional permission to make the aforementioned recordings and to edit, publish and use them, without any compensation owed to the Visitor by the Organiser.
  • The Visitor hereby irrevocably waives any interest he may have in the aforementioned recordings. Insofar as the Visitor is entitled to any related right and/or copyright and/or portrait right to the aforementioned recordings, he hereby transfers these rights without any restriction to the Organiser and he hereby irrevocably waives his moral rights or will not invoke them. If this advance transfer is not legally valid, the Visitor is obliged to cooperate with all formalities necessary to effect a transfer or granting of rights at the first request of the Organiser.
  1. SMOKING
  • In principle, smoking or vaping is not allowed at the event location. Smoking is only permitted in the outdoor areas designated for that purpose. Smoking is expressly prohibited outside these outdoor areas. The Organiser will make reasonable efforts to point out to the Visitor the smoke-free nature of (parts of) the location of the Event. The Organiser cannot guarantee that the Event is completely smoke-free.
  • If the Visitor violates the smoking ban, the Visitor will be immediately removed from the Event if possible. Any fines imposed on the Organiser as a result of the smoking ban will be recovered from the Visitor.
  1. LOCKERS
  • The Organiser may choose to offer the Visitor the opportunity to rent a locker at the Event. Additional general terms and conditions of third parties may apply to the use of the locker by the Visitor, which the Visitor agrees to at the time of renting the locker. The Organiser is not liable for loss and/or theft and/or use by another of the personal access code for the locker. The Visitor must therefore keep the access code with him and to himself at all times and the Visitor is advised not to store any valuables in the locker.
  1. CAMPING
  • The Organiser can also offer the Visitor the option of camping at an Event. Where appropriate, additional general terms and conditions and/or house rules of the relevant camping site and/or other accommodation may apply to the designated area in addition to these General Terms and Conditions.
  • Specific camping rules will apply to an Event, which will be communicated when entering the camping site and/or in the general house rules of the Event, as stated on the Website.
  • The Visitor and his luggage will be searched and checked at the entrance of the camping site, and again at the entrance to the Event.
  1. PERSONAL DATA
  • By concluding the agreement with the Organiser, (personal) data of the Visitor can be collected, recorded and stored in a data file. This (personal) data provided by the Visitor is processed by the Organiser and its service provider CM.com. The Visitor expressly consents to the processing of (personal) data in accordance with the Organiser’s privacy policy.
  • The privacy policy of the Organiser applies to the processing of the (personal) data provided by the Visitor, which can be consulted via https://www.imaginationmadereal.nl/privacy/. The Organiser handles the (personal) data obtained with care and only processes it in accordance with the
    Dutch Personal Data Protection Act and the General Data Protection Regulation.
  1. INTELLECTUAL PROPERTY RIGHTS
  • Everything that is published on the Website, social media and made public on the Event or that belongs to the intellectual property of the Organiser or any licensor thereof under the law or an agreement.
  • The Visitor must at all times recognise and comply with these intellectual property rights and comply with all restrictions imposed by law on the use of protected works. Nothing in these General Terms and Conditions is intended to transfer or license any intellectual property rights to the Visitor.
  1. CONVERSION
  • Insofar as any provision in these General Terms and Conditions should conflict with any statutory provision, this does not affect the other provisions of the General Terms and Conditions. In that case, the relevant provision will lapse and will be replaced by a provision that in content and nature comes as close as possible to the provision to be replaced and that is permitted by law.
  1. APPLICABLE LAW AND CHOICE OF FORUM
  • Dutch law applies to these General Terms and Conditions.
  • The Court of Amsterdam is authorised to hear disputes regarding these General Terms and Conditions or their implementation.