In these General Conditions the following definitions apply:
‘Oh My! Music festival’: The private company with limited liability 010 Vision B.V., with its registered office and principal place of business at Willem Brocadesdreef 172 (2132 PV) Hoofddorp, listed in the Commercial oRegister of the Chamber of Commerce under number 67739016 and/or its affiliated companies;
‘General Conditions’: These General Conditions;
‘Visitor’: The Consumer visiting the Website and/or who buys an Admission Ticket for an Event and/or who visits an Event;
‘Consumer’: The natural person not acting in the course of a profession or a business;
‘Digital Content’: Digital content other than on a material carrier, for example downloads and streaming;
‘Event’: An event organised in the Netherlands by 010 Vision in the broadest sense of the word including indoor events, outdoor events and festivals;
‘Product’: An item within the sense of Section 3:2 of the Dutch Civil Code, such as merchandise, clothing, posters, books, material carriers, CDs and DVDs;
‘Distance Contract’: The agreement with regard to buying and delivering physical products and/or digital content, whereby (up to and including) the formation of that agreement only one or more techniques for distance communication are used in connection with a distance sale system organised by 010 Vision (the Website);
‘Admission Ticket’: A physical and/or digital document, ticket or barcode delivered to the Visitor by 010 Vision and/or an official sales organisation engaged by 010 Vision, which entitles the holder to access and/or attend an Event;
‘Website: ohmymusic.eu and/or any official website of an Event such as for instance,
‘Counterparty’: A Visitor, a Consumer or a Supplier, as meant in these General Conditions.
2.1 These General Conditions are applicable to all offers by 010 Vision and to all agreements between 010 Vision 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 010 Vision such as but not limited to Paylogic.
2.3 If an Event is organised by a company affiliated to 010 Vision B.V., these General Conditions will be applicable provided they can be consulted on the website of the respective Event. Therefore, the respective company will be the contracting party and also the ‘user’ of these General Conditions in accordance with Section 6:231 under b of the Dutch Civil Code. 010 Vision B.V. itself will never be the contracting party and/or the legal ‘user’ of these General Conditions and will therefore never be a party in a dispute nor be liable towards a Counterparty.
2.4 The applicability of any terms and conditions of the Counterparty are hereby rejected by 010 Vision.
2.5 Any deviation from the General Conditions will only be binding if 010 Vision 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 relevant 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.
4.1 010 Vision 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
1. FORMATION OF THE AGREEMENT
1.1 The agreement between 010 Vision 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 010 Vision or from an official (pre-)sale address engaged by 010 Vision. 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.
2. 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 010 Vision.
2.2 010 Vision assumes that the holder of this Admission Ticket is also the person who bought the Admission Ticket. 010 Vision 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 010 Vision or by a (pre-)sales address engaged by 010 Vision. 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.
2.3 010 Vision 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 010 Vision.
2.4 010 Vision only guarantees the validity of the Admission Ticket if the Admission Ticket has been bought from 010 Vision or from a (pre-)sales address acknowledged by 010 Vision. 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. 010 Vision will deny access to persons below the age of 18 to the Event, without 010 Vision 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.
3. 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 010 Vision 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 010 Vision 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 010 Vision to claim from the Visitor specific fulfilment and/or compensation for the loss suffered or still to be suffered.
3.5 In that case 010 Vision 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 010 Vision for the Admission Ticket, whether or not via an official (pre-)sales address.
4. OBLIGATIONS OF THE VISITOR
4.1 010 Vision 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.
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. 010 Vision is entitled to confiscate these items. Any confiscated items shall not be returned but destroyed by 010 Vision and/or a third party appointed by 010 Vision.
4.4 Recording the Event without explicit prior written approval from 010 Vision 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, 010 Vision is entitled to confiscate these recordings and to destroy, use and/or exploit them at its sole discretion, notwithstanding the right of 010 Vision 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 010 Vision, 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).
5. DENIED ACCESS TO EVENT
5.1 If the Visitor breaches one or more of the provisions as set out in these General Conditions, 010 Vision 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
5.2 010 Vision 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 010 Vision 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 010 Vision, may be offensive, discriminating, insulting to or cause aggression or unrest among other visitors.
5.3 If in the opinion of 010 Vision it is likely that an Admission Ticket has been forged, 010 Vision 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 010 Vision, 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.
6. RECORDING THE EVENT BY OR ON BEHALF OF 010 Vision
6.1 010 Vision 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. 010 Vision 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 010 Vision 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 010 Vision to give the necessary written consent and/or to sign a transfer deed in which the said rights will be transferred to 010 Vision and/or to any of its affiliated companies free of charge.
7.1 Consumption vouchers and/or consumption tokens bought during the Event will exclusively be valid during the Event. Consumption vouchers and/or consumption tokens bought can not be exchanged.
8.1 The Visitor attends the Event at his own risk.
8.2 010 Vision 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. 010 Vision explicitly advises the Visitor to wear ear protection during the Event.
8.3 010 Vision will only be liable for damage to the Visitor that is the result of negligence attributable to 010 Vision.
8.4 The total liability of 010 Vision 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 010 Vision.
8.5 010 Vision’s liability for indirect damage, including consequential loss, immaterial damages, lost profits, missed savings and/or damage due to business interruption, is excluded.
8.6 The Visitor is obliged to report any damages within 48 hours after the Event to 010 Vision via email@example.com or otherwise any right to claim damages is declined.
8.7 If 010 Vision directly or indirectly engages any subordinates, non-subordinates, auxiliary persons, third parties and/or other persons in performing the agreement, any liability of 010 Vision 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 010 Vision will not be liable for damage caused by these persons.
8.8 010 Vision 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, 010 Vision cannot be held liable for any changes and/or deviations and for any damage that might arise from this for the Visitor. 010 Vision 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.
8.9 The Visitor shall indemnify 010 Vision 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 010 Vision for any damage including all legal costs incurred by 010 Vision that might be the result of any claim by those third parties.
9. FORCE MAJEURE
9.1 In the event of force majeure, 010 Vision is entitled to reschedule the Event or to cancel it. Force majeure includes – without limitation – illness and/or cancellation of the performance by an artist, bad weather conditions, strikes, fire, collapse, fights, regulations imposed by the authorities, war conditions, terrorist threat and any other circumstances beyond the control of 010 Vision.
9.2 If 010 Vision cancels the Event due to force majeure before start of the Event or otherwise, the Visitor is entitled to a refund by 010 Vision 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 010 Vision cancels the Event due to force majeure during the Event (meaning: after start of the Event), the Visitor is entitled to a refund by 010 Vision of not more than a reasonable part of the entrance price stated on the Admission Ticket to be determined by 010 Vision. This right of the Visitor to a refund is valid for eight weeks from the date on which the cancelled Event should have taken place, to be exercised at a (pre-)sales address after presentation of a valid, undamaged Admission Ticket which also demonstrates that it has been bought directly by the Visitor. This refund does not include service charges, which will not be reimbursed. The Visitor cannot have the Admission Ticket replaced by an admission ticket for another Event, unless this is offered by 010 Vision for a individual case.
9.3 If 010 Vision reschedules the Event due to force majeure, the Admission Ticket is valid for that new date and/or venue. If the Visitor cannot attend the rescheduled Event, the Visitor is entitled to a refund of the entrance price by 010 Vision to a maximum of the entrance price stated on the Admission Ticket regardless of the price which the Visitor paid for the Admission Ticket. This right of the Visitor to a refund is valid for four weeks from the date on which the cancelled Event should have taken place, to be exercised at a (pre-)sales address after presentation of a valid, undamaged Admission Ticket which also demonstrates that it has been bought directly by the Visitor. This refund does not include service charges, which will not be reimbursed. The Visitor cannot have the Admission Ticket replaced by an admission ticket for another Event, unless this is offered by 010 Vision for a individual case.
General conditions for online purchases
1. OFFER, FORMATION OF DISTANCE CONTRACT
1.1 These General Conditions are applicable to any offer by 010 Vision and to any Distance Contract between 010 Vision and the Consumer with regard to buying and delivering Products and Digital Content.
1.2 The offer includes a complete and accurate description of the products offered, digital content and/or services and will specify in particular:
- a) the major characteristics of the items or the services;
- b) the identity of 010 Vision;
- c) the geographical address where 010 Vision is established and the telephone number, fax and e-mail address;
- d) the total price of the items and/or services including all taxes, where appropriate, all extra freight, delivery or postage charges and any other costs;
- e) the payment method, delivery, execution, the period within which 010 Vision undertakes to deliver the item and/or service;
- f) when a right to dissolve the agreement exists, the conditions, the period and the modalities for exercising this right according to Section 6:230o of the Dutch Civil Code, as well as the model form for dissolution;
- g) the fact that the Consumer will have to bear the costs of returning the items in the event of the right to dissolve being exercised and, if the items by their nature cannot be returned via ordinary mail, the costs of returning the items;
- h) if the right to dissolve the agreement is not provided for, the information that the consumer has no right of dissolution or, insofar as this is applicable, the circumstances in which the consumer renounces his right of dissolution.
- i) a reminder of the existence of the statutory guarantee that the item delivered must conform to the agreement;
- 10.j) the existence and the conditions of assistance to the Consumer after the sale, of after-sale services and of commercial warranties;
- k) insofar as this is applicable, the functionality of digital content including applicable technical security features;
- 12.l) insofar as is applicable, the relevant interoperability of digital content with hardware and software of which 010 Vision is aware or can reasonably be assumed to be aware of.
1.3 Distance selling aimed at continuous or periodic delivery of items or services is excluded from a Distance Contract.
1.4 010 Vision is not bound by the offer if it contains an obvious error and/or fault.
1.5 The Distance Contract between 010 Vision and the Consumer is concluded at acceptance of the offer by the Consumer. A constitutive requirement for this acceptance is the acceptance electronically of these General Conditions.
1.6 After conclusion of the Distance Contract in accordance with the previous clause 1.5, 010 Vision will immediately confirm its receipt to the Consumer via e-mail. This e-mail shall include all the information as referred to in paragraph 2 of this Clause.
1.7 010 Vision is entitled to refuse an order after acceptance of the offer by the Consumer if in the opinion of 010 Vision there is a reasonable chance that the Consumer will not fulfil his or her payment obligations and/or the Distance Contract cannot be carried out responsibly for any other reason.
2.1 The Consumer can dissolve the Distance Contract with regard to the delivery of Products without stating the reasons up to a period of fourteen days after the date on which the Consumer received the Product.
2.2 The Consumer can dissolve the Distance Contract with regard to the delivery of Digital Content without stating the reasons up to a period of fourteen days after the date on which the agreement has been formed.
2.3 The Consumer will exercise this right by sending 010 Vision the completed form for dissolution within the period stated in paragraph 1 (the cooling-off period) or by sending 010 Vision a similar unambiguous statement within this period.
2.4 If 010 Vision has not supplied the required information for dissolution to the Consumer timely, the (extended) cooling-off period will end twelve months after the termination of the (original) cooling-off period. If 010 Vision has provided the Consumer with the said information within twelve months after the (original) cooling-off period commenced, the (extended) cooling-off period will expire thirty days after the date on which the Consumer received the required information on a durable data carrier.
2.5 The burden of proof with regard to the accurate and timely exercise of the right of revocation rests on the Consumer.
3. RIGHTS AND OBLIGATIONS IN EXERCISING THE RIGHT OF REVOCATION
3.1 The Consumer shall return the Products received by him or her immediately or at the latest within fourteen days after issuing the statement of revocation.
3.2 The Consumer shall bear the direct costs of returning the Product.
3.3 During the cooling-off period the Consumer must handle the Product and the packaging with due care. The Consumer shall only unwrap or use the Product to the extent it is necessary to determine the nature, the characteristics and the operation of the Product. The Consumer is liable for any decrease in value of the Product that is the result of the use of the Product going beyond the provisions set out in this Clause.
3.4 After the dissolution of the Distance Contract 010 Vision shall immediately or at the latest within fourteen days after the date on which the statement of revocation has been received, refund all amounts received from the Consumer, including the delivery costs. For the refund 010 Vision will use the same payment method as used by the Consumer.
3.5 Unless 010 Vision itself collects the Product delivered following dissolution of the agreement, the Consumer is entitled to the refund after receipt of the Product by 010 Vision or after the Consumer provides proof of return of the Product, whichever is the earliest.
4. EXCLUSION OF RIGHT OF DISSOLUTION
4.1 The Consumer has no right of dissolution in the cases as referred to in Section 6:230p of the Dutch Civil Code, in particular in case of:
- a) the delivery of audio and video recordings and computer software (Products) the seal of which has been broken after delivery;
- b) the provision of services in connection with leisure activities including the delivery of Admission Tickets and associated agreement with regard to visiting an Event;
- c) the delivery of Digital Content insofar as:
1) 010 Vision started the performance of the Distance Contract with the explicit prior consent of the Consumer; and
2) The Consumer stated that he or she renounced his or her right of dissolution.
5.1 All prices indicated on the Website are including VAT and excluding freight, delivery or postage charges. The costs for the use of means of communication are not passed on to the Consumer. 010 Vision shall not increase the stipulated price within a period of three months after the Distance Contract has been formed. However, 010 Vision reserves the right to change the prices in connection with a statutory VAT change.
6.1 The Consumer must pay the amounts due at the latest within 14 days after conclusion of the Distance Contract in accordance to the instructions provided by 010 Vision and/or the payment service provider appointed by 010 Vision.
6.2 The Consumer is obliged to pay the purchase price prior to 010 Vision having to execute delivery of the items and/or services.
6.3 If the Consumer does not fulfil his or her payment obligation(s) timely, 010 Vision shall grant Consumer a further period of 14 days to fulfil his payment obligations. At expiration of the extended payment term, Consumer will owe the statutory interest on the amount still outstanding and 010 Vision is entitled to charge the extra-judicial collection expenses. These expenses amount to not more than: 15% on the outstanding amounts up to €2,500.00, 10% on the subsequent €2,500.00 and 5% on the next €5,000.00, with a minimum of €40.00.
7. FULFILMENT, CONFORMITY, EXTRA WARRANT
7.1 010 Vision guarantees that the Products and the Digital Content comply with the Distance Contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usefulness and the legal provisions and/or government regulations existing on the date on which the agreement is formed.
8.1 010 Vision shall deliver the agreed Products and/or Digital Content to the Consumer at the latest within thirty days after the Distance Contract has been formed.
8.2 The delivery of Products will take place via regular mail. The place of delivery is the address specified by the Consumer.
8.3 The risk of damage to and/or lost Products rests with 010 Vision up to the moment of delivery to the Consumer.
8.4 The delivery of Digital Content takes place by means of an internet connection in a file format customary at the moment of delivery. The Consumer is responsible for his access to a sufficiently fast internet connection and for having the required internet communication technology (ICT) equipment such as, but not limited to, a computer, tablet or smartphone, in order to be able to receive and play the Digital Content.
8.5 At the moment of delivery the Consumer will acquire the right to use, play, listen to and view the Digital Content (right of use). However, 010 Vision reserves on behalf of itself and/or entitled third parties all intellectual property rights with regard to the Digital Content, such as, but not limited to, publishing, reproducing and (digitally) lending the Digital Content.
8.6 If the delivery of Products and/or Digital Content is delayed or if an order cannot be carried out or only partly, whether or not for technical reasons, the Consumer will be informed of this as soon as possible but at the latest within thirty days after the Distance Contract has been formed. In that case the Consumer will be entitled to dissolve the Distance Contract without any costs. After the dissolution 010 Vision shall immediately refund the amount that the Consumer paid.
9. DUTY OF COMPLAINT
9.1 The Consumer is obliged to examine as soon as possible after the delivery whether the Product and/or the Digital Content complies with the Distance Contract. The Consumer can no longer invoke that the item which has been delivered does not comply with the Distance Contract if he has not informed 010 Vision of this within a reasonable period after his discovery. A notice up to two months after discovery is in this connection considered as within due time.
1. PERSONAL DETAILS
2. 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 010 Vision 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.
2.2 010 Vision is at all times entitled to amend these General Conditions unilaterally.
3. 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.
Januari 3, 2020