General Event Terms and Conditions

Definitions

1. General

1.1. These General Event Terms and Conditions apply to every agreement between the Organizer and a Visitor.

1.2. The Organizer will make reasonable efforts to ensure that the Visitor's visit proceeds according to the Visitor's wishes. The Organizer will also try to ensure that Events take place without disruption. The Organizer will make efforts to keep any nuisance or inconvenience for the Visitor to a minimum and to safeguard the Visitor's safety as much as possible. The Organizer welcomes suggestions from the Visitor to improve its services. The Visitor may contact the Organizer about this at any time.

2. Ticket sales, offers and prices

2.1. The Organizer aims to ensure that the information it provides is accurate, complete and up to date. Nevertheless, this information may contain inaccuracies. The Organizer is not liable for damage resulting from any errors in announcements, offers, communications or other information and price quotations provided to the Visitor by the Organizer or by third parties, or for errors made during the advance sale or sale by third parties, including so-called advance sales addresses. All offers, program announcements, communications and price quotations made by the Organizer or by third parties are non-binding.

2.2. The Visitor is not entitled to a refund of the admission price or to any other compensation (i) in the event of loss or theft of his or her admission ticket, or (ii) if the Visitor obtained the admission ticket from a third party other than the Organizer and the transfer of the admission ticket by that third party to the Organizer does not take place for reasons attributable to that third party. If the Visitor does not use the admission ticket for any reason, this is for the Visitor's own account. An admission ticket once obtained cannot be exchanged. The Visitor has no right to a refund of the admission price.

3. Website

3.1. The Organizer has compiled the content of its website with care. The information on the website is intended as general information. The Organizer makes efforts to ensure that the information is accurate, complete and up to date. Nevertheless, the information on its website may contain inaccuracies. The Organizer is not liable for damage resulting from the use of its website.

3.2. If the Organizer's website contains hyperlinks or references to third-party websites, this does not mean that the Organizer recommends those websites or the products offered on them. The truthfulness, accuracy, completeness, usefulness and reliability of the information and products offered on such internet sites are not checked by the Organizer. The Organizer is not responsible and therefore not liable for damage resulting from the information, the products or the use of such internet sites.

3.3. The Organizer does not guarantee that messages sent to the Organizer will be received and processed in time. The Organizer is not liable for damage resulting from messages not being received or processed, or being received or processed late.

3.4. All intellectual property rights, including copyrights and trademark rights, displayed on the Organizer's website are owned by the Organizer or have been included with the permission of the relevant owner. Without the Organizer's prior written consent, it is not permitted to copy, reproduce, forward, distribute, disclose or make available to third parties for a fee any material on the Organizer's website. It is permitted to print and/or download the information on the Organizer's website for personal, non-commercial use. It is also permitted to share or distribute information from the Organizer's website on social media, provided that the information is not altered.

4. Prohibition on resale, etc.

4.1. The Visitor must keep the admission ticket for an Event for personal use and may therefore not resell it to third parties in any manner, offer it for sale, or offer or provide it in the context of commercial purposes.

4.2. The Visitor is obliged towards the Organizer not to advertise or make any other form of publicity in connection with the Event or any part of it if this is done with the intention of reselling the admission ticket, all at the Organizer's discretion.

4.3. If the Visitor fails to comply with the obligations set out in the previous two paragraphs of this article, the Visitor owes the Organizer an immediately payable penalty of EUR 2,500 per violation and EUR 500 for each day or part of a day that the violation continues, without prejudice to the Organizer's right to demand performance from the Visitor and/or compensation for damage suffered and yet to be suffered. The foregoing payable penalty will be capped at EUR 10,000.

4.4. A Visitor who makes his or her admission ticket available to one or more third parties free of charge and not in the context of commercial purposes is obliged to provide the General Visitor Terms and Conditions at the same time as making the admission ticket available. The Visitor indemnifies the Organizer against claims from any third party to whom the Visitor makes the admission ticket available without simultaneously providing the General Visitor Terms and Conditions.

5. Attendance at Events

5.1. During his or her stay at the Event, the Visitor must behave in accordance with public order, public decency and the rules of propriety applicable to the nature of the Event visited. In this context, the Visitor is also obliged to follow the directions and instructions given by officials of the Organizer who are recognizable as such. If, in the reasonable opinion of a supervisory official of the Organizer, the Visitor acts in any way contrary to these standards, directions or instructions, the Visitor may be denied further access to the Event for the Event in question, without the Visitor being able to claim any reimbursement of the admission ticket or otherwise claim damages.

5.2. The Visitor is prohibited, among other things, from:

1. offering goods and written information for sale to third parties present at the Event, or providing these free of charge, without the Organizer's express permission;
2. bringing domestic animals or other animals to the Event;
3. bringing food and/or alcoholic beverages to the Event;
4. bringing to the Event or carrying objects or substances that, in the opinion of an official of the Organizer, are dangerous and/or a nuisance to visitors;
5. bringing and/or using soft drugs and/or hard drugs at the Event.

5.3. If the Organizer reasonably considers this necessary for general safety, trained staff may request inspection of hand baggage or other baggage carried by the Visitor. If the Organizer considers this necessary, trained staff may also request the Visitor to cooperate with a security search. If the Visitor refuses to cooperate, the Visitor may be denied further access to the venue without being entitled to a refund of the admission ticket price.

5.4. The Visitor is prohibited from using photo, video, film, sound and other recording equipment without the prior written consent of the Organizer's management. If this is nevertheless observed by the Organizer's staff or by third parties, the Visitor will be asked to delete the recording(s). If the Visitor refuses to cooperate, the Visitor may be denied further access to the Event without being able to claim any refund of the admission ticket price.

5.5. The Organizer reserves the right to make or have made image and/or sound recordings of the Event at which the Visitor is present and to publish them, whether or not for marketing, communication or promotional purposes. The Visitor agrees to this and hereby waives, to the extent permitted by law, his or her portrait rights and/or any copyright or other rights in this respect.

5.6. During the Event, rules regarding the smoking ban apply in the areas designated for that purpose. The Visitor must comply with these smoking regulations. An official of the Organizer who is recognizable as such is authorized, if the Visitor refuses to cooperate, to deny the Visitor further access to the Event without the Visitor being able to claim any refund of the admission ticket price.

6. Liability and damage

6.1. Participation in the Event by the Visitor is for the Visitor's own account and risk.

6.2. The Organizer is insured for possible liability and damage suffered by a Visitor during Events of the Organizer. Any liability of the Organizer is always limited to the amount actually paid out in the relevant case by the insurer under the liability insurance taken out by the Organizer. The Organizer is only liable for personal injury and property damage suffered by the Visitor that directly results from the Organizer's liability. The Organizer is not liable for financial loss, including but not limited to loss of income, lost profits and missed savings. The Organizer's liability for damage is further excluded for:

1. damage resulting from the acts of third parties, including persons engaged by the Organizer and persons engaged by those third parties;
2. damage resulting from failure to follow instructions given by officials of the Organizer and failure to comply with generally applicable rules of propriety;
3. damage resulting from unforeseeable changes in the start and end times of the Events to which the agreement between the Organizer and the Visitor relates;
4. damage caused in any way by other visitors.

6.3. As soon as the Visitor discovers a possible ground for a valid claim against the Organizer, the Visitor must notify the Organizer of this in writing within 30 days after discovering it, failing which the right to hold the Organizer liable will lapse.

6.4. The Organizer is never liable for damage suffered by the Visitor that has arisen as a result of force majeure on the part of the Organizer. Force majeure includes, in any case and without limitation: intent and gross negligence of auxiliary persons and third parties; war; acts of war; insurrection; riots; terrorism; actions by the police, fire brigade and/or other government officials; government measures as a result of an outbreak of viruses or epidemics; strike; transport difficulties; fire and other serious disruptions in the business of the Organizer or at the location where the Event takes place; extreme weather conditions such as storms, hail, heavy rainfall and frost; non-functioning public transport; and any other circumstance beyond the Organizer's control that temporarily or permanently prevents performance of the agreement.

7. Complaints

7.1. Complaints about the content and performance of the agreement between the Organizer and the Visitor must have reached the Organizer in writing within eight days after discovery, failing which the right to claim compensation or damages will lapse. Complaints must be sent to info@diya-delft.nl.

7.2. The Organizer is not liable and is not obliged to compensate damage in respect of:

1. complaints and circumstances relating to changes to the program, including but not limited to changes in the person(s) performing, changes in the composition of the program and the shifting of Events to another date;
2. complaints and circumstances relating to the quality of the performances of the Events and the artistic freedom to which the agreement between the Organizer and the Visitor relates;
3. complaints and circumstances relating to nuisance or inconvenience caused by other visitors or unlawful intruders, including but not limited to noise nuisance, inappropriate behavior, theft and molestation;
4. complaints and circumstances relating to nuisance or inconvenience caused by maintenance work at the location where the Event takes place, or to the consequences of such maintenance work that could reasonably be carried out at that time;
5. complaints and circumstances relating to nuisance or inconvenience caused by the improper functioning of facilities in the halls and other spaces of the location where the Event takes place;
6. complaints and circumstances relating to nuisance or inconvenience, including restricted visibility for the Visitor, caused by audio recordings by the media and the technical facilities installed in connection with them;
7. complaints and circumstances relating to noise nuisance caused by Events taking place at the same time, including necessary acts performed in preparation for those Events or acts otherwise related to those Events, in other spaces at the location where the Event takes place;
8. complaints and circumstances relating to the allocation and distribution of places and/or a change to any seating plan that is necessary due to circumstances;
9. complaints and circumstances relating to nuisance or inconvenience, including restricted visibility;
10. complaints and circumstances relating to nuisance or inconvenience due to strikes affecting public transport.

8. Personal data

8.1. The personal data of the Visitor provided by the Visitor to the Organizer are processed by the Organizer in connection with the provision of an admission ticket and the performance of the Organizer's services, and may be provided to the relevant event partner(s). The Organizer processes personal data in accordance with the General Data Protection Regulation and in accordance with its privacy policy. The Organizer's privacy policy can be found on its website, www.diya-events.nl.

8.2. The Visitor may be asked by the Organizer to identify himself or herself. If the Visitor cannot show identification or refuses to show it, the Visitor may be denied or refused access to the Event. In that case, no refund of the admission ticket will be made.

9. Rights of the Organizer

9.1. If the Visitor breaches one or more of the provisions set out in these General Terms and Conditions, the Organizer is entitled to invalidate the admission ticket or to refuse the Visitor further access to the Event, without the Visitor being entitled to a refund of the amount paid for the admission ticket, including service charges, to the Organizer, whether or not via an advance sales address. Holders of invalidated admission tickets are not entitled to a refund.

9.2. If, in the Organizer's opinion, it is plausible that the admission ticket has been forged, the Organizer is entitled to refuse the holder of that admission ticket further access to the Event, without the Visitor or holder being entitled to a refund or being able to claim any damage suffered as a result.

10. Cancellation or rescheduling by the Organizer in case of force majeure

10.1. In the event of force majeure as referred to in Article 6.4 above, the Organizer has the right to reschedule the Event to another date or another location, or to cancel the Event.

10.2. The Organizer is not liable for damage resulting from cancellation or rescheduling as described above. In the event of rescheduling or cancellation of the Event as referred to above, the Organizer will publicize this as much as possible in the manner it considers appropriate.

10.3. Only in the event of complete cancellation will the Organizer refund the admission fee stated on the admission ticket to the Visitor at the Visitor's request, but not the service charges or any travel and accommodation costs incurred.

10.4. If the Event is rescheduled by the Organizer to another date as a result of force majeure, the admission ticket remains valid for the new date on which the Event will take place. In the event of the Event being moved, the Organizer will in no case be obliged to refund the admission ticket.

11. Applicable law, competent court and miscellaneous

11.1. These General Event Terms and Conditions and the agreement between the Visitor and the Organizer are governed by Dutch law.

11.2. All disputes arising from the agreement between the Visitor and the Organizer will be submitted exclusively to the competent court in The Hague.

11.3. The annulment or 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 the event of annulment or nullity of any provision of these General Terms and Conditions, the provision whose purpose most closely corresponds to the invalid provision must be deemed valid.