Terms and Conditions
These general terms and conditions of Stelf BV, with its registered office at De Nieuwe Erven 3 5431 NV Cuijk, the Netherlands (Kamer van Koophandel (Chamber of Commerce) number 77569385; BTW (VAT) number NL861049706 B01), hereinafter referred to as: ‘the organisation’, apply to agreements concluded by the organisation with visitors to the event ‘Elfia’, 'Fairy Nights' and/or other events to be organised by the organisation, hereinafter referred to as: ‘the event’.
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 and camp site 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 (including the camp site, hereinafter jointly referred to as: the ‘Event Location’), the visitor agrees to the content of these general terms and conditions.
1.2 The Event Location may apply house rules that apply in addition to these general terms and conditions. With regard to castle De Haar, the house rules and conditions can be found here. With regard to castle gardens Arcen, the park regulations can be found here. 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.
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.
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 who are visiting the event for more than one day receive a wristband in exchange for the ticket when entering the Event Location. This wristband must be worn around the wrist for the entire duration of the Event and may not be taken off or switch owners. The wristband must be shown at the first request of employees of the Organisation, the Event Location, security staff, the police and/or another competent authority.
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.
3.3 TicketMaster (ticketmaster.nl) is the exclusive ticketing provider engaged by the organization 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 ticketingprovider(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 ticketing provider. 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 If the visitor makes the ticket available to third parties for no consideration and for non-commercial reasons, the visitor will be obliged in such cases to impose all of his/her obligations arising from the agreement with the Organisation or these general terms and conditions on those third parties in full. The visitor guarantees that the aforementioned third parties will comply with all of those obligations.
3.8 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 If and to the extent 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.
Article 5 Cancellation or relocation of the Event
5.1 The organization can postpone the event to another date or a different location or even cancel it in case of force majeure. ‘Force majeure’ should be interpreted broadly in that context and includes, but is not limited to, illness and/or cancellation of the artist (s), strikes, fire, acts of war, (threat of) terrorism, civil war, bad weather conditions, epidemics. , mandatory instructions or decisions from (local) authorities, etc.
5.2 If the event is canceled, the organization will only refund the entrance fee as stated on the ticket to the visitors. Refunds will only be made at the request of the visitor, in the manner indicated by the organization and only if the visitor has paid the entrance fee. Service costs or other (consequential) damage, direct or indirect, are not reimbursed by the organization. The visitor cannot claim (replacement) access to another event.
5.3 Insofar as the visitor wishes to claim a refund of the entrance fee, he must notify the organization in writing within three (3) months after the cancellation has become known. The visitor must also be able to present a valid and undamaged admission ticket for the (canceled) event to the organization to claim a refund. If the visitor does not meet the foregoing in time or in full, the organization is not obliged to provide a refund.
Article 6 House rules
6.1 Visitors are required to comply with the house rules and the regulations and instructions of the Organisation and the competent authorities. If the Organisation considers such reasonably necessary to maintain peace and order during the event, in any event if public order or safety are endangered during the event, it will have the right to deny the visitor (further) access to the Event and/or to remove the visitor from the Event Location.
6.2 Persons below the age of 16 are only allowed entry if they are accompanied by a person aged 18 or over.
6.3 The wristband that is obtained in exchange for the ticket upon arrival at the Event must be worn around the wrist for the entire duration of the Event.
6.4 In order to enable the Organisation to comply with its statutory obligations, visitors must be able to show identification upon request. This applies, inter alia, within the context of the Licensing and Catering Act from which it follows that alcohol is not sold to visitors below the age of 18. Visitors below the age of 18 are issued with a different wristband upon entering the Event Location.
6.5 Visitors may be (frisk) searched when entering the Event Location. Visitors who refuse to be searched may be denied access to the Event.
6.6 Digital cameras and telephones with cameras are allowed into the Event Location, (digital) video cameras/camcorders and other (sound) recording equipment are not allowed without written permission of the Organisation.
6.7 Recording the Event without the explicit, written, prior approval of the Organisation in any form whatsoever, including professional photographing, filming and making sound and/or image recordings for commercial purposes, is prohibited, as are copying and/or taking over matters from the programme (leaflet), posters and other printed material.
6.8 The following items are not allowed in the Event Location either: food, glassware, plastic bottles (0.5 litre bottles without caps are allowed), sports bottles, cans, camelbaks, pets, (folding) chairs, stools, inflatable objects, umbrellas and sunshades, selfiesticks, drugs, fireworks, (fire) arms, dangerous objects and professional photo, film and other recording equipment. The Organisation will decide whether it concerns professional equipment. The Organisation will confiscate prohibited items or have these confiscated upon entering the Event Location. Valuable property that is legal can be retrieved later. Illegal property will be handed over to the police.
6.9 Smoking is not allowed in the tents and the (temporary) buildings, with the exception of any designated smoking areas. Any fines imposed on the Organisation as a result of the violation on the part of the visitor will be recovered from the visitor.
6.10 Pets or animals are not allowed into the Event Location. In addition, visitors to the Event Location are not allowed to crowd surf, start (small) fires and/or to perform commercial activities, and/or to make any kind of offensive, discriminatory or insulting statements or to wear or distribute such signs. Wearing football shirts, motorcycle club clothing and other clothing with group-characteristic texts is not allowed.
Article 7 Privacy and personal data
7.2 The Organisation will handle the personal and other data it has obtained with due care and process them exclusively in accordance with the Personal Data Protection Act.
7.4 Image and/or sound recordings may be made of the Event and the visitors and recordings may be made public or reproduced. The visitor consents unconditionally to the aforementioned recording and exploitation thereof without the Organisation or third parties owing the visitor compensation in respect thereof. The visitor hereby transfers any neighbouring rights and/or copyrights and/or image rights to the Organisation without any limitation. The visitor furthermore irrevocably waives the right to invoke his/her personality rights.
7.5 If image or other recordings are made during the Event by means of security cameras, the Organisation will have the right to hand these over to third parties, including the police and judicial authorities, in the event of emergencies.
Article 8 Other provision
8.1 Elfia will strive for the event’s program to be executed as much as possible according to the announced schedule. However, it is not liable for any deviations and damage as a consequence of these deviations for visitors and / or third parties. Elfia is not responsible for the content and manner of executing the program of the event, including the length of the program.
8.2 In Elfia there are exhibitors who offer products or services to the visitors with the permission of the organization. These holders are completely independent of Elfia and Elfia is in no way liable for the actions, products or services of these holders. Complaints about products and services of these holders can not be passed on to Elfia but should be directed to the exhibitor directly.
8.3 Without the explicit written permission of the Organisation, it is forbidden to advertise in the broadest sense of the word before, during or after an Event on or in the vicinity of the Site. This prohibition includes the promotion of other events or events, including advertising for non-commercial purposes and / or conducting surveys, questionnaires and petitions. Any form of advertising (such as distributing flyers or stickers, affixing posters, or inviting visitors) is prohibited. A direct payable fine of at least € 1,000, – is imposed on the Visitors (and / or persons) who acted or ordered to do so and / or the Organisation of the relevant event for which they are advertised.
Article 9 Final provisions
9.1 These general terms and conditions are governed exclusively by Dutch law. The Dutch version of these terms and conditions prevails over any translated version.
9.2 When a dispute arises as a result of (use or application of) these terms and conditions and / or related agreements, the visitor and the Organisation will first try to resolve this dispute by mutual agreement. If this fails, visitors and the Organisation can appoint an independent mediator, provided that both the visitor and the Organisation are in agreement with the choice of the mediator. The mediator’s ruling will be binding. If the visitor and the Organisation can not agree on the choice of a mediator, the dispute will be submitted to a competent court in Utrecht, The Netherlands.