General terms and conditions of

Article 1 - THE AGREEMENT

1. These general terms and conditions (“GTC”) apply between GH Events B.V. (chamber of commerce 42047801), or its affiliated undertaking(s) (the “Organiser”) and a person (the “Buyer”) who has purchased an admission ticket (“Admission Ticket”) for an event held by the Organiser (the “Event”) and each person who attends the Event (the “Visitor”).
2. By purchasing an Admission Ticket and/or attending an Event held by Organiser, an agreement arises between the holder of the Admission Ticket or the Visitor on the one hand and the Organiser on the other hand, to which these GTC apply.
3. The organiser reserves the right to change these terms and conditions. Changes shall not affect already concluded agreements unless required by law, safety considerations or operational necessity.

Article 2 - ADMISSION TICKET

1. The Admission Ticket will be offered by the Organiser via its website or an authorized sales channel.
2. The Admission Ticket consists of the admission fee determined by the Organiser plus service costs and, insofar applicable, additional (statutory) charges, such as value added tax.
3. Unless indicated otherwise by the Organiser, an Admission Ticket can only be bought by (a) consumers (i.e., professional (re)sale parties are excluded), (b)who are at least 18 of age and (c), with a maximum of 4 tickets per order.
4. Once purchased, Admission Tickets may not be returned to the Organiser, unless the Buyer would have a mandatory statutory consumer right that would allow the Buyer otherwise.
5. The Organiser reserves the right to always refuse orders for whatever reason, such as, but not limited to, fraud prevention, violation of ticket limits, suspected commercial resale, security concerns or operational reasons.
6. An Admission Ticket may comprise a document issued by or on behalf of the Organiser or a barcode issued by or on behalf of the Organiser. The barcode is a unique code.
7. The Admission Ticket is granted once and gives a one-time access to one person. The Admission Ticket comprising a barcode will be given to the Buyer/Visitor via electronic communication (email) and can possibly be added to your Apple or Google wallet for mobile users.
8. The Admission Ticket entitles the Visitor to attend the Event, subject to the Visitor complying with the standards and rules of the Organiser and the venue at which the Events is held. The Admission Ticket that is shown first at the start of the Event provides access. Visitors must be able to show a valid identity document, amongst others, age restrictions will apply (if not indicated otherwise by the Organiser, the minimum age to attend an Event is 18 years).
9. From the time that the Admission Ticket has been made available to the Buyer/Visitor, the risk of loss, theft, damage or misuse of the Admission Ticket will rest with the Buyer/Visitor.
10. Only the purchase of an Admission Ticket at a recognised sales or pre-sales point or from the Organiser guarantees the validity of the Admission Ticket. The burden of proof in this regard rests with the Buyer/Visitor. The Organiser may deny access to a Visitor at the entrance check-in if the Organiser suspects or has knowledge that the Admission Ticket is invalid or was invalidly obtained.
11. Admission Tickets acquired through automated purchasing methods, bots or circumvention of ticket limits may be cancelled without refund.

Article 3 - RESALE OF TICKETS

1. An official ticket resale function may only be available via vivenu services. The Organiser reserves the right to restrict or exclude the Resale Function for individual events, ticket types and categories, or at specific times, particularly, but not limited to, considering contractual requirements from partners (e.g., artists, venues) or official regulations. There is no absolute right to cancel or resell tickets.
2. By listing an Admission Ticket on an authorized market place, the selling Buyer/Visitor ("First Purchaser") unconditionally declares their intention to return or sell the ticket to the Organiser at the original ticket price (face value) or at the price specified in accordance with the conditions of the authorized market place as soon as another Buyer ("Second Purchaser") acquires the Admission Ticket. In the event of a successful resale, the Organiser transfers the Admission Ticket to the Second Purchaser. The Admission Ticket originally issued to the First Purchaser is cancelled or invalidated, while a new Admission Ticket is created and issued to the Second Purchaser.
3. The Organiser may specify fixed prices or a price range for the resale of Admission Tickets. Additional fees may apply for the resale.
4. The Organiser reserves the right to control the sales order of primary Admission Tickets offered directly by the Organiser and Admission Tickets offered via the authorized resale function ("Secondary Market Tickets"). In particular, primary Admission Tickets may be sold first before Secondary Market Tickets are offered for sale. If multiple Secondary Market Tickets are available for the same area or category (e.g., in standing blocks), the selection of Secondary Market Tickets for sale will be made based on a non-discriminatory factor determined by the Organiser, which shall include the time of listing on the authorized market place.
5. The First Purchaser will be informed about the status of the Admission Ticket offered for resale via email. In particular, the First Purchaser will receive a confirmation email after successfully listing an Admission Ticket on the authorized marketplace. The First Purchaser can remove the Admission Ticket from the authorized marketplace at any time until the Admission Ticket is in a Second Purchaser's shopping cart. Should an Admission Ticket offered for resale not be sold (e.g., due to the event expiring, cancellation), the First Purchaser will receive a corresponding notification.
6. After a successful resale, the Organiser will refund or pay the First Purchaser the price of the Secondary Market Ticket less any applicable fees. Payment will be made according to the agreed payment method.
7. An Admission Ticket acquired via the authorized marketplace can be offered for resale again by the Second Purchaser via the Resale Function in accordance with the provisions of this Clause.

Article 4 - ADMISSION TO THE EVENT

1. By attending the Event, each Visitor explicitly agrees to these GTC and agrees it will adhere to the standards and rules of the Organiser and the venue where the Event is held, as well as any and all reasonable directions and instructions of the Organiser, the Venue and competent authorities. In case the Visitor does not comply with or adhere to this, the Visitor may be denied access to the Event or may be removed from the Events, without any right to refund or damages.
2. The Visitor must be in possession of a valid Admission Ticket both before and during the Event and for as long as they are at the place where the Event is held. The Visitor will show the Admission Ticket on request by the Organiser, the security personnel and other authorised persons.
3. If it is plausible that the Admission Ticket has been forged in any way whatsoever, the Organiser is entitled to refuse the holder of the Admission Ticket further access to the Event without the Visitor or the holder being able to claim any damage that they may have suffered as a result.
4. Insofar reasonably required by the Organiser or the venue, the Visitor will cooperate with a body search when visiting the Event. A Visitor who does not submit to a body search be refused admission to the Event or may be removed immediately, without the right to a refund or damages.
5. It is prohibited to bring professional photographic, film, sound and/or other recording equipment into the place where the Event takes place, on pain of confiscation for the duration of the Event, at the risk and expense of the Visitor. In addition, the Visitor may be refused admission to the Event or may be removed immediately, without the right to a refund or damages.
6. It is prohibited to bring glassware, plastic bottles, cans, fireworks, guns and/or dangerous objects, prohibited substances and/or alcoholic beverages, food, drugs (including those on list I and II of the Opium Act), laughing gas (cartridges), cans, etc. to the venue where the Event takes place, on pain of confiscation of these items. Confiscated goods will not be returned, and the Organiser has the right to destroy them. A Visitor who violates this prohibition may also be refused admission to the Event or may be removed immediately and/or may be handed over to the police or competent authorities, without the right to a refund or damages.

Article 5 - THE EVENT

1. Except with the permission of the Organiser, recording of the Event in any form whatsoever, including photographing, filming and making other sound and/or visual recordings, is prohibited. All such recordings will be confiscated and immediately destroyed.
2. Cameras may be installed by the Organiser during the Event to make recordings for the purposes of supervision and safety. By attending the Event, the Visitor agrees herewith. In addition, photos and recordings may be used for promotional purposes. The Visitor agrees such footage can be used and is not entitled to any compensation whatsoever for the use of such footage.
3. If the Visitor, after entering the venue where the Event takes place, leaves this venue, the Admission Ticket will lose its validity.
4. The Visitor will comply with the regulations and/or instructions issued by the Organiser, the operators of the venue where the Event is held, the security personnel, the fire brigade and other authorised persons.
5. The Visitor and all other persons are prohibited from offering or selling goods at and/or around the Event without the prior written consent of the Organiser.
6. The Visitor and all other persons are prohibited from distributing flyers, hanging posters and/or banners or carrying out other promotional activities at and/or around the Event without the prior written consent of the Organiser.

Article 6 - RIGHTS OF THE ORGANISER

1. If the Buyer/Visitor breaches one or more of the provisions contained in these GTC, the Organiser will be entitled to invalidate the Admission Ticket or deny the Visitor access or further access to the Event without the Buyer/Visitor being entitled to refund or damages.
2. The Organiser reserves the right to deny the Visitor access or further access to the Event or to remove them from the place where the Event is taking place if the Organiser considers this reasonably necessary to maintain peace and order during the Event, without the Buyer/Visitor being entitled to a refund or damages.
3. The Organiser organises specific programmes for Events, which are described on promotional materials, such as the website. The programme can always be subject to change. The Organiser will make every reasonable effort to carry out the programme of the Event as announced. However, the Organiser cannot fully guarantee that the programme of the Event will be carried out as described, for example, regarding the duration or quality of the performance, the attending of (all) artists, or the times of the Event. An announcement of a line-up of artists, location, etc., is therefore without obligation and may be subject to change. The Organiser is at all times entitled to make changes, which never entitle the Buyer/Visitor to compensation. The starting time stated on the Admission Ticket is subject to change.

Article 7 - FORCE MAJEURE

1. If an Event cannot take place on the planned date and location as a result of circumstances beyond the reasonable control of the Organiser, this is regarded as force majeure, in the broadest sense of the word, including in this context illness and/or cancellations by the artist, a pandemic or the consequences of a pandemic, national or local instructions by the government or municipal authorities / decision to cancel by the competent authority, strikes, fire, bad weather conditions, threat of terrorism, etc., whereby the Organiser is entitled to reschedule the Event for a later date, move it to another venue or cancel the Event in its entirety.
2. The Organiser is entitled to reschedule an Event if this Event cannot take place due to force majeure, as referred to in Article 7.1. The Organiser is entitled to decide that Admission Tickets purchased for the Event remain valid for the rescheduled Event, on condition that rescheduling takes place within a period of 13 months after the original Event.
3. A refund, if applicable, will take place no later than three (3) months after the announcement of cancellation or rescheduling of the original Event.
4. The Organiser is not liable for any damage arising from a cancellation or postponement. In the event of a postponement or cancellation of an Event, the Organiser will provide as much publicity as reasonably possible in the manner it considers appropriate, including by stating the applicable refund periods on its website. Only in the event of full cancellation, the Visitor can submit a request for a full refund of the entrance fee and the paid service costs. Any additional costs or damages incurred are excluded from compensation. Reimbursement of the admission fee only applies if the Admission Ticket has been purchased by the Visitor from the Organiser’s ticketing shop supported by vivenu, and not if the Admission Ticket has been purchased at another sales platform, for example an online marketplace.

Article 8 - LIABILITY OF THE ORGANISER

1. The Organiser and the Buyer/Visitor agree that, to the largest extent permitted by law, the Organiser can only be held liable for direct damage suffered by the Visitor, if such damages are a direct and exclusive result gross negligence or wilful misconduct attributable to the Organiser itself. In such case, only damage for which the Organiser is insured, and which is compensated by the insurer and which is not excluded or limited in these GTC will be eligible for compensation. The following are in any case not eligible for compensation:
2. consequential loss;
3. nonmaterial damage;
4. damage caused by intent or deliberate recklessness by the Organiser's auxiliary persons.
5. Claims against the Organiser will be submitted in writing to the Organiser within seven (7) days after the Buyer/Visitor suffered the damage (accompanied by the original Admission Ticket and the original proof of payment) and will then be dealt with as soon as possible.
6. The Visitor will enter the place where the Event takes place and attends the Event at own risk and expense, in the sense that the Organiser accepts no liability whatsoever for damage caused by such entry or attendance, including as hearing, sight and other physical impairments.
7. The Organiser will strive to ensure that the programme is carried out as much as possible in accordance with the announced time schedule. However, it is not liable for any deviations therefrom and for any resulting damage which may be suffered by the Visitor and/or third parties. Start times as stated on admission tickets are subject to change. The Visitor is obliged to check the Organiser's website regularly to find out whether the start time has changed.
8. The Organiser cannot be held liable for the content of the Event and the way it is carried out, which explicitly includes the length of the programme and the attendance of (all) artists as initially announced. Nor can the Organiser ne held liable for changes to the programme of the Event.
9. The Organiser cannot be held liable for theft and/or loss of property of a Visitor.

Article 9 - GENERAL

1. The Organiser processes personal data of the Buyer/Visitor to the extent necessary for the sale of Admission Tickets and for the attendance of the Event. In addition, each Buyer and each Visitor agrees it will be added on mailing lists for promotional purposes of the Organiser and companies affiliated with the Organiser. Each Buyer/Visitor also agrees it can appear on footage of an Event that is used for promotional purposes. Personal data will be processed in accordance with the GDPR. Further information (including on the rights of a data subject) can be obtained on the website of the Organiser.
2. The Organiser reserves the right to change these GTC from time to time. Changes with retroactive effect will only be included insofar reasonably necessary for the Organiser or the Event.
3. If one or more provisions of these GTC are at any time wholly or partially null and void or should be declared null and void, the remaining provisions of these GTC will remain in full force and effect.
4. If a situation arises between the parties that is not regulated by these GTC, it will be assessed in accordance with the most plausible interpretation of these GTC.
5. Applicable law and disputes: All legal relationships to which the Organiser is a party are exclusively governed by Dutch law, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is domiciled there. The District Court of Amsterdam is appointed as the competent court to settle any dispute that cannot be resolved amicably.