GENERAL TERMS AND CONDITIONS MANYA FESTIVAL
This Privacy Statement describes how MANYA Festival handles personal information.
You are at the centre of everything we do. Therefore, we treat your personal information with respect.
This privacy statement describes how Manya Festival . (hereinafter “Manya” or “we”) treats personal information we learn about you, when you use our services or our websites. MANYA considers it of great importance that the collection and processing of your data takes place in a careful and secure manner. We advise you to read this privacy statement carefully. We have done our best to make this explanation as brief and easy to understand as possible.
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, the visitor agrees to the content of these general terms and conditions.
1.2 The organisation of the event and/or administrators of the event location may apply house rules in addition to these general terms and conditions and can be found on the website(s) of the organisation and/or 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.
1.5 The organisation explicitly rejects the applicability of general terms and conditions of the visitor.
1.6 ‘Event location’ can also be understood to mean an online environment for attending online live streaming concerts.
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.
2.4 The organisation has the right to limit the amount of tickets that can be bought in one order. The visitor is required to adhere to the limit set by the organisation.
2.5 Tickets cannot be returned. The provisions in article 6:230p sub e BW of the Dutch Civil Code apply to tickets
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. Visitors ticket will be scanned before entering the event location. Visitors entrance ticket can be scanned once, after leaving the event location, visitor cannot return to 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. The parking areas of the event are only accessible for vehicles of visitors who are in possession of a valid ticket to the event.
3.3 Eventix B.V . (eventix.), is the exclusive ticketing providers engaged by the organisation 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 ticketing provider(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 To combat trade on secondary markets, the visitor is only permitted to make his ticket available to third parties for free – or for non-commercial purposes via the official resale platform(s) of the ticketing providers (provided that its applicable terms of use are met).
3.8 If the visitor makes his ticket available for free or via the official resale platform(s) of the ticketing partner to third parties, he is in that case obliged to impose all his obligations under the agreement with the organisation or these general terms and conditions on those third parties. The visitor guarantees that the aforementioned third parties (will) fulfil all these obligations.
3.9 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.
4.5 The organisation hereby gives notice that even full implementation of an appropriate protection and hygiene concept as well as compliance with all reasonable hygiene measures does not completely exclude the risk of an infection with the coronavirus disease (COVID-19) or other pathogenic organism, such as but not limited to SARS, MERS, etc., for the visitor. If the visitor does become infected, the organisation is not liable for any form of damage.
Article 6 – House rules
6.1 Visitors must adhere to the house rules and instructions of the organization and (local) authorities.
6.2 If the organization deems this reasonably necessary to maintain peace and order during the event, in any case if public order or safety is endangered during the event, it has the right to grant the visitor no (further) access to the event, and/or remove it from the event location.
6.3 Visitors enter and attend the event at their own risk. The organization is not liable for loss, theft or damage to visitors’ belongings or for health damage such as, but not limited to, hearing and sight damage and other disorders.
6.4 Persons under the age of 18 will not be admitted to the event.
6.5 Access to the event is only granted upon presentation of a valid admission ticket in combination with a valid ID.
6.6 To enable the organization to comply with its legal obligations, visitors must be able to identify themselves upon request. This applies, for example, in the context of the Alcohol Act, from which it follows that no alcohol is served to visitors under the age of 18.
6.7 The organization reserves the right not to serve alcohol to a visitor who is old enough to buy alcohol, but seems toxicated.
6.8 Registration of the event without the express prior written consent of the organization in any form whatsoever, including professional photography, filming and making sound and/or image recordings for commercial purposes, is prohibited, as is emphasis of and/or transfer from the program (booklet), posters and other printed matter.
6.9 The following items are not allowed to take to the event site: food, glassware, cans, camelbaks, large or heavy bags, pets (with the exception of assistance animals), (folding) chairs, stools, inflatable objects, umbrellas, parasols, selfie sticks, drugs (including nitrous oxide cartridges and openers), fireworks, weapons and firearms, dangerous objects (including – but not limited to – aerosol cans or CS gas) and professional photo, film and other recording equipment. Reusable water bottles such as caps and water bottles are allowed empty, but disposable plastic bottles are only allowed without a cap. A light (back) bag or small backpack is no problem, but will be checked at the entrance by a security officer.
6.10 Heavy medicines, food and liquids that are necessary in connection with a health condition may be taken in, in combination with a medicine passport (available free of charge at any pharmacy, take into account an application time of approx. 3 weeks).
6.11 The organization will confiscate or have confiscated items that are not permitted at the entrance. Legal valuables can be picked up later, illegal things are handed over to the police.
6.12 Visitors to the event can be checked/searched at the entrance. Visitors who refuse to cooperate may be denied access to the event.
6.13 The organization provides the visitor with a cup token that can be exchanged for a drinking cup (soft cup) at the regular bars. An empty and recyclable drinking cup can then be exchanged at the regular bars for a new cup or a cup token. Non-recyclable (i.e. broken, heavily soiled, etc.) drinking cups cannot be exchanged. The visitor is then offered an option to purchase a new drinking cup against payment.
6.14 Smoking is not allowed in tents, canopies and (temporary) buildings. Fines imposed on the organization, caused by an action of the visitor, will be recovered from the visitor.
6.15 It is not allowed to crowd surf, make fire(s) and/or carry out commercial activities on the site, and/or express yourself in any way offensive, discriminatory or insulting or wear or distribute such signs
6.16 It is not allowed to wear football shirts, motorcycle club clothing and other clothing with group- specific texts.
Article 7 – Cashless event
7.1 The event is a so-called ‘cashless event’. Cash payments are possible at only one cashier desk. Bills of 200 euro and 500 euro are not accepted. During the event, visitors can only pay by bank card or credit card for coins. For the food and drink products (refreshments) and merchandise products, offered by the caterers, merchandising and market vendors designated by the organization can only paid bij coins.
7.2 The visitor who has been provided with a payment card by the organisation must prevent misuse or use by third parties of the payment card. In the event of loss or theft of the payment card, the risk of any use or misuse thereof between the time of the loss of actual possession of the payment card and the time of blocking is exclusively borne by the visitor. The organisation is not liable for any loss or damage arising from any misuse, loss or theft of payment cards, nor for any loss or damage arising from the misuse, loss or theft of bank cards, credit cards or cash of visitors.
7.3 In the event of breakdowns, maintenance work and/or security measures, it may be necessary for the organisation to stop or restrict the use of payment cards, bank cards and credit cards. The organisation is not responsible for the consequences thereof.
Article 8 – Privacy and personal data
8.1 Concluding the agreement with the organisation means that the visitor’s personal and other data may be collected, recorded, and stored in a data file. These personal and other data provided by the visitor are processed by the organisation in accordance with its privacy policy that can be consulted on the organisation’s website(s).
8.2 The organisation will handle the personal and other data it has obtained with due care and process them exclusively in accordance with the General Data Protection Regulation.
8.3 When concluding an agreement with the organisation, the visitor explicitly consents to the processing of personal and other data in accordance with the organisation’s privacy policy.
8.4 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 concert registrations and/or the promotion of the event.
8.5 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.
8.6 To ensure the safety of the visitor and the protection of persons, building and grounds, there is camera surveillance. At various locations 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 9 – Final provisions
9.1 These general terms and conditions are governed exclusively by Dutch law.
9.2 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, unless within one (1) month after the organization has notified the visitor that the case will be submitted to the court, the visitor indicates that he opts for the dispute to be settled by the legally competent court in the Netherlands.