GENERAL TERMS AND CONDITIONS APPLICABLE TO HET GLIJFESTIJN AND ITS VISITORS
Chapter 1 General
Chapter 2 Privacy terms and conditions for Visitor Registration
Chapter 3 Conditions for visiting Events
Section 4 Terms for Online Purchases of Downloads and Merchandise
Chapter 5 Conditions for third-party services or products
Chapter 6 Final provisions
CHAPTER 1 General
**GENERAL Article 1 The Glijfestijn and these general terms and conditions**
1.1 These general terms and conditions will be used by 4PM Winter B.V. Consistently hereinafter referred to as: ‘Het Glijfestijn’. Het Glijfestijn must use these general terms and conditions itself when dealing with the other party/consumer, make them available on its Website and send them free of charge at the request of an interested party. Het Glijfestijn as referred to here is therefore the ‘user’ of the general terms and conditions within the meaning of Article 231(b), Book 6 of the Dutch Civil Code. Het Glijfestijn itself is never a party to an agreement with the other party or the user of these general terms and conditions within the meaning of the law. As such, Het Glijfestijn is never a party to a dispute or liable to the other party under these general terms and conditions.
1.2 Het Glijfestijn has its registered office at Egelenburg 2, 1081GK Amsterdam, the Netherlands. Het Glijfestijn can be reached via the email address info@hetglijfestijn.nl and telephone number +31 (0)20 37 04 633.
1.3 These general terms and conditions apply exclusively to private individuals and not to parties in their capacity as professional parties to a contract with a Het Glijfestijn event. Various general terms and conditions of Het Glijfestijn apply to legal relationships between Het Glijfestijn and a professional contracting party.
1.4 These general terms and conditions apply to online visitors to a website of Het Glijfestijn. The general terms and conditions also apply to visitors to an Event organized by Het Glijfestijn. Both types of visitors are covered by the definition of ‘Visitor’. The Visitor can also be a natural person and a consumer who enters into a purchase agreement with a Het Glijfestijn that falls under the rules of Book 7 of the Dutch Civil Code on sales to consumers, Article 227a and b, Book 6 of the Dutch Civil Code on the formation of electronic contracts and Article 46a, Book 7 of the Dutch Civil Code on distance purchase contracts.
**Article 2 Disclosure and application of these general terms and conditions**
2.1 These general terms and conditions have been submitted to the Chamber of Commerce by 4PM Winter B.V. under number 70038252 and may be requested and examined by any Visitor. These general terms and conditions will also be sent free of charge upon request to anyone who requests them. Such a request can be submitted by email to info@hetglijfestijn.nl.
2.2 These general terms and conditions are also available electronically on the Website and the Visitor can save them for later research as referred to in Article 243(2) Book 6 of the Dutch Civil Code.
2.3 Het Glijfestijn also refers, where reasonably possible, to the general terms and conditions on an entrance ticket for an Event. The Visitor can also take note of the general terms and conditions when entering an Event, whereby these general terms and conditions - whether or not an extract thereof - are visible at the entrance.
2.4 When purchasing a product or purchasing a service via a Website and when registering as a Visitor to the Website, the Visitor will be able to read the general terms and conditions before entering into an electronic contract.
**Article 3 Definitions**
‘Terms and Conditions’:
These general terms and conditions apply to every legal relationship between a consumer (hereinafter: the Visitor) and Het Glijfestijn with regard to the matters covered by these terms and conditions. They form an integral part of all agreements regarding the purchase, donations and delivery of products and delivery via the Website. The general terms and conditions apply in accordance with the provisions of Articles 231-234, Book 6 of the Dutch Civil Code. These general terms and conditions meet the legal requirements for the purchase of distance contracts.
‘4PM WINTER B.V.’:
4PM Winter B.V. is the user of these general terms and conditions with regard to the Visitor to its Website or its Event, for which this company is responsible in all respects. Het Glijfestijn has its own activities, such as its own Website or Event.
‘Third party services’:
Services and products from third parties that are offered on or via the Website, which are visible to the Visitor by clicking on a page of this third party within the Website or by means of a hyperlink to a subsequent web page, on which the general terms and conditions of the provider of the services and products always apply to the Visitor and must be accepted by the Visitor before a product or service is purchased.
‘Visitor’:
The visitor to a Website and/or Event, or the buyer of a Product on the Website, based on the meaning of the provisions of these conditions. The Visitor is always a consumer who does not act from a profession or run a business, or on behalf of one, and is designated by law as the ‘other party’ in Article 231(c), Book 6 of the Dutch Civil Code.
‘Event’:
Any type of Event - including a festival and all associated camping facilities - organized by Het Glijfestijn in the Netherlands at its own expense and risk and for which Het Glijfestijn uses these conditions with regard to Visitors.
‘Product’:
A product offered by Het Glijfestijn to the Visitor on the Website, which may be: a digital (non-physical) product such as a Download, Stream or E-ticket, or Merchandise that is ordered online, but is physically delivered to the Visitor sent.
‘Merchandise’:
A physical product, such as a piece of clothing, with a trademark, name, logo of an artist or under the control of Het Glijfestijn, or a physical CD or DVD/BluRay (i.e. a physical carrier of image or sound), which is purchased online via the webshop of Het Glijfestijn and is sent by regular mail to the Visitor, to which certain specific conditions apply.
‘Download’:
A digital file - usually a music or video file - which is obtained from the Website via the Visitor’s computer, at his request, via an internet connection and which is normally offered in exchange for payment by a Website in MP3 format with a minimum of 192 Kbps.
‘Stream’:
Listening to, playing and/or viewing a file via the Visitor’s computer via an internet connection, without the file being transferred to the Visitor’s computer.
**Article 4 Changes to the general terms and conditions**
These terms and conditions may be amended from time to time. An amended version will then be published on the Website and submitted to the Chamber of Commerce. The amended terms and conditions will apply from the date of publication. If the Visitor does not wish to accept the amended conditions, he must immediately stop using and visiting the Website or purchasing products and/or services from Het Glijfestijn.
CHAPTER 2 PRIVACY PROVISIONS AND VISITOR REGISTRATION
**Article 5 Privacy provisions**
5.1 The privacy provisions in these general terms and conditions correspond to the ‘privacy statement’ as also separately applied and published on each website of Het Glijfestijn.
5.2 Het Glijfestijn respects the privacy of every Visitor and ensures that the Visitor’s personal data is treated confidentially and with care.
5.3 The Visitor’s data will be stored and used by Het Glijfestijn to ensure that the delivery of Products and related services runs as quickly and smoothly as possible and thus to comply with the agreement. The Website then recognizes the Visitor by means of a cookie. By accepting these general terms and conditions, the Visitor hereby consents to the use of cookies to the extent necessary.
5.4 The data from the Visitor to a Website will also be stored and used if the Visitor is registered for a forum, sharing data in an environment of a social medium such as Facebook, Instagram or newsletter. The data is also used for the following:
a) to provide information in response to questions asked by the Visitor;
b) to send material, a Product or information requested or purchased by the Visitor;
c) to inform the Visitor about campaigns, competitions or contests;
d) to adapt the information on the Website to the Visitor;
e) for the administrative handling of transactions and payments;
f) to prevent fraud and infringement; and for any other lawful purpose, such as a request from authorities or the police.
5.5 The Website can use the Visitor’s data to recommend other Products to the Visitor that are in line with previous purchases. Data about the use of the Website will be used by Het Glijfestijn for further development and improvement of the Website.
5.6 The Visitor must register for an account on the Website for the purpose of the actions referred to in Article 5.4. Username, password, name, address, town/city, date of birth, gender, telephone number, mobile number and email address may be recorded and stored by Het Glijfestijn and used for Product purchases on the Website.
5.7 By registering on the Website, the Visitor gives permission to Het Glijfestijn or an affiliated third party to send him information by e-mail, (mobile) telephone or post. Het Glijfestijn will not sell this information to a third party, nor use this data for marketing purposes, unless the Visitor has given permission for this via an opt-in option. The information that Het Glijfestijn requests from the Visitor, or will request in the future, is not always the same and may differ depending on its use on the Website.
**Article 6 Sending further information**
The Visitor is given the opportunity on a Website to indicate whether Het Glijfestijn may use his data to send information about upcoming Events, publications, offers, campaigns and other websites. After obtaining this permission, Het Glijfestijn may share the Visitor’s data with other companies that are part of the same group. There is also the option to ask whether the Visitor wishes to receive information about activities of third parties, such as sponsors of Het Glijfestijn or affiliated companies. If this permission has been given, Het Glijfestijn may share the Visitor’s data with these third parties. The Visitor may withdraw this permission at any time by sending an e-mail to info@hetglijfestijn.nl with the text ‘delete data’ and indicating from which lists (newsletter/Forum/etc.) he would like to be removed.
**Article 7 Forum**
7.1 The Visitor may register for a Forum on a Website on which information can be shared with other visitors and with Het Glijfestijn. By registering for such a Forum, the Visitor irrevocably gives permission to Het Glijfestijn to store his personal data and to display messages sent by him - with username, avatar or another photo - on the Website. The Visitor may participate in discussions, write comments and read the opinions of others regarding certain topics on the Forum of a Website.
7.2 The Visitor is personally responsible for the content of his messages and fully indemnifies Het Glijfestijn against all damage, claims and actions in this area. The Visitor’s messages on a Forum may not be offensive or insulting and any Visitor who does not comply with these conditions may be excluded from the Forum.
**Article 8 Access to data via social network accounts**
8.1 When registering on a Website, the Visitor can enter his data by transferring it from an existing account on a social network (such as Facebook or X (formerly Twitter)) to the Website and then changing or supplementing it. By clicking on one of the logos of the social media networks, the data that the Visitor shares with ‘Everyone’ within the chosen social medium will also be shared with Het Glijfestijn website. The Visitor gives his consent for this.
8.2 The Visitor can adjust the privacy settings via his Facebook, X or another social media account. The terms and conditions of the third party in question, such as Facebook or X, apply to the sharing of this data from a social media account. Het Glijfestijn uses the ‘Facebook platform rules’ for this purpose, which gives it access to the Visitor’s data. The Visitor to the Website is also asked by Het Glijfestijn whether he wishes to change or supplement the data.
**Article 9 Confidentiality by the Visitr towards third parties**
9.1 The Visitor may not disclose his username and password to third parties and is at all times responsible and liable for the loss of this data. If a third party becomes aware of this data, the Visitor must report this immediately via info@hetglijfestijn.nl so that Het Glijfestijn can block further access to this account.
9.2 Het Glijfestijn will under no circumstances be liable for the loss of the aforementioned data or for any damage and costs that may arise from such a loss for the Visitor. Het Glijfestijn must ensure that the Visitor’s data is not distributed or used for purposes other than those strictly necessary for the implementation of the general terms and conditions or the execution of a purchase agreement as set out in the privacy regulations. The Visitor is personally responsible for keeping his username and password confidential and fully releases Het Glijfestijn from all damages, claims and actions in this area.
**Article 10 Third-party services and privacy**
10.1 Services or purchases are sometimes offered by third parties on the Website of Het Glijfestijn, for which the Visitor clicks through to the website of this third party. Chapter 5 (‘Conditions for services or products provided by third parties’) in these general terms and conditions applies in this area. The Visitor can normally see from the ‘current page’ status on his screen whether he is being linked to a third-party website.
10.2 Het Glijfestijn’s Privacy statement and these general terms and conditions do not apply to the websites, purchase contracts or services of third parties. The Visitor must familiarize himself with the applicable terms and conditions of the third party involved.
10.3 If the Visitor is asked to enter data on such a third party website, this will be done at his own risk and the privacy rules and conditions of this third party, which will be stated on its website, will apply to the Visitor . Except for intent or gross negligence, Het Glijfestijn will not be liable under all circumstances to the Visitor for actions taken by a third party with regard to the Visitor’s data or with regard to the services or products of the third party, which may or may not be delivered to the Visitor. Every purchase, delivery or order that the Visitor requests or places with a third party serves as an agreement between this third party and the Visitor, regardless of whether the Visitor has gained access to the third party’s website via a Het Glijfestijn website.
**Article 11 Security**
11.1 Het Glijfestijn applies security measures for the protection of personal data on the Website and its servers in accordance with the latest technical standards that are reasonably affordable and common in the sector. In this way, Het Glijfestijn meets the legal requirements of the EU Privacy Directive and Dutch Legislation. Het Glijfestijn takes all reasonable measures to ensure that only parties who have obtained permission from the Visitor or who are necessary for the execution of an agreement can view and use the information.
11.2 Het Glijfestijn will under no circumstances be liable for damage incurred by the Visitor if a third party gains unauthorized access to the personal data of the Visitor despite reasonable measures taken by Het Glijfestijn. Due to the nature of the use of the internet and the online transmission of data, Het Glijfestijn cannot guarantee a completely secure environment for the personal data of the Visitor. Any online provision of personal data ultimately takes place at the Visitor’s own risk. If Het Glijfestijn is at any time confronted with an information leak in which third parties appropriate personal data, or the Website is hacked or otherwise illegally violated and personal data is appropriated as a result, it must immediately inform the Visitor of this to the extent reasonably possible.
Article 12 Anonymized data
Het Glijfestijn is authorized to use anonymized data from Visitors, which are obtained through services, purchases, or the Website, to provide advertisers with information about traffic on the Website and statistics. The Visitor’s personal data will not be transferred in this context. To the extent necessary, the Visitor gives permission for this purpose by accepting these general terms and conditions.
CHAPTER 3 CONDITIONS FOR VISIT EVENTS
**Article 13 General**
13.1 The general terms and conditions in this chapter apply to all entrance tickets and accordingly form an integral part of all agreements for the sale, donation and delivery of entrance tickets for Events, regardless of where they will be held.
13.2 The Visitor accepts the content of these general terms and conditions by acquiring and/or using an entrance ticket, entering the Event Location and/or by taking note of these terms and conditions via the Website. This also applies if an entrance ticket is obtained in any way through third parties.
**Article 14 Entrance ticket**
14.1 Access to the Event is only obtained by showing a valid and undamaged entrance ticket. Access to the Event is only available to persons aged 18 and over. Persons wishing to attend the Event may be asked, and will be required to, show proof of identity as a result of checks on the stated age limit.
14.2 Persons under the age of 18 will simply be refused entry to the Event, in which case Het Glijfestijn will not be obliged to refund the entrance fee.
14.3 Entrance tickets are and remain the property of Het Glijfestijn. The entrance ticket entitles the holder to attend the Event. Access is only given to the first holder of the entrance ticket that is scanned at the entrance to the Event. Het Glijfestijn may assume that the holder of this entrance ticket is also the person who is entitled to it. Het Glijfestijn is not obliged to carry out any further checks to verify whether the entrance ticket is valid. The Visitor is responsible for ensuring that he is and remains the holder of the entrance ticket issued by Het Glijfestijn or by a sales address that has been enabled.
14.4 From the moment the entrance ticket is issued to the Visitor, the Visitor bears the risk of loss, theft, damage or misuse of the entrance ticket.
14.5 The entrance ticket is issued once and only allows access for one person.
14.6 Het Glijfestijn reserves the right to set a maximum number of entrance tickets that can be ordered by a Visitor, in which case the Visitor is obliged to adhere to such maximum number
**Article 15 Prohibition on resale, etc.**
15.1 Entrance tickets for the Event may not be resold in any way by the Visitor for commercial purposes.
15.2 Het Glijfestijn may engage a recognized resale platform (e.g. an additional official sales channel) for tickets for the Event, which could be a secondary online ticket marketplace. Reselling tickets on a sales channel other than the sales channel specified by Het Glijfestijn is strictly prohibited. Access to an Event may be denied to a Visitor who has purchased a ticket from an unauthorized source. Het Glijfestijn cannot be held liable, nor can any damages be claimed as a result of the sale or purchase of a ticket (including the validity of a ticket) for the Event via a sales channel.
15.3 The Visitor is not permitted to create any form of advertising or any other form of publicity in connection with the Event or part of it.
15.4 The Visitor who transfers his entrance ticket to a third party for a fee without a commercial purpose is obliged to impose on the person to whom he transfers the entrance ticket the obligations incumbent on him as a Visitor, as shown in the previous paragraphs of this article. The transferor remains responsible to Het Glijfestijn for compliance with these obligations by this person.
15.5 If the Visitor does not comply with his obligations as reflected in the previous paragraphs of this article and/or cannot guarantee this, the Visitor must pay an immediately due and payable fine of € 10,000 to Het Glijfestijn per violation and € 5,000 for each day that has continued or continues the violation, without prejudice to the additional right of Het Glijfestijn to demand compliance from the Visitor and/or compensation for damage suffered or to be suffered.
15.6 If the Visitor does not comply with the provisions stated in Chapter 3 of these general terms and conditions, Het Glijfestijn is entitled to declare/cancel the entrance tickets or to refuse the Visitor (further) access to the Event without the Visitor being entitled to reimbursement of the amount he paid directly or via a sales address to Het Glijfestijn for the entrance ticket (including service costs). The holders of such entrance tickets will be refused access to the Event, without any right to compensation.
**Article 16 Visitation**
Het Glijfestijn has the right to search Visitors to the Event before and/or after entering the Event. If the Visitor refuses to be searched, he may be refused entry to the Event, without any right to a refund of the entrance fee, or he may be immediately removed from the Event.
**Article 17 Prohibited articles**
17.1 At the risk of confiscation, a Visitor may not bring professional equipment for photography, film, sound and/or other recording equipment, glassware, plastic bottles, drinks, food, drugs, cans, fireworks, animals, weapons and/or other dangerous objects (including but not limited to aerosol cans or tear gas) neither for themselves or for any other person, or in their possession at the location of the Event, or using these objects before or during an Event. Confiscated items will not be returned.
17.2 Any Visitor who violates this prohibition may also be refused further access without any right to a refund of the entrance fee, or may be removed from the Event and/or handed over to the police. Confiscated items will be destroyed.
**Article 18 Refusal of entry**
Het Glijfestijn generally reserves the right to refuse certain persons access or further access to the Event or to remove them from the Event if it deems necessary to maintain public order and safety during the Event. This also applies if the Visitor wears clothing, texts or signs that, in the opinion of Het Glijfestijn, can be seen as offensive, discriminatory or insulting, or can cause aggression or unrest among other Visitors, or undresses during the Event (including but not limited to, for example, exposing the upper part of the body). Even if an entrance ticket is in all likelihood counterfeit, Het Glijfestijn is entitled to refuse the holder of this entrance ticket access to the Event without the Visitor or the holder being able to claim any compensation for damage or loss that this may cause them.
**Article 19 Film and video images**
Recording the Event in a professional and/or commercial manner, including photographing, filming, making sound and/or image recordings, as well as reprinting and/or copying the program booklet, posters and other printed material is not permitted without the prior written permission from Het Glijfestijn.
**Article 20 Deductible**
20.1 The Visitor enters the location of the Event, which may contain shuttle buses that are used to transport Visitors to the entrance of the Event, and enters the Event at his own risk. In this context, Het Glijfestijn cannot be held liable, unless there is gross negligence and/or intent on the part of Het Glijfestijn or its management. If Het Glijfestijn can nevertheless be held liable, any liability of Het Glijfestijn will be limited to € 50,000 as a result of damage due to personal injury or costs resulting from the aforementioned entrance or presence, such as, but not limited to, hearing, visual and other physical conditions to the Visitor’s property, as a result of any damage whatsoever, including those resulting from the actions of other Visitors, Het Glijfestijn, its staff and/or third parties engaged, such as exhibitors.
20.2 The Visitor is aware that loud music will be played during the Event. Het Glijfestijn advises Visitors to give their hearing a break occasionally during the Event by going to an area where no music is being played and to wear hearing protection at all times.
**Article 21 Program**
Het Glijfestijn will endeavor to carry out the program to be carried out in accordance with the announced timetable as far as possible. However, it is not liable for deviations from this schedule and resulting damage to Visitors and/or third parties. Het Glijfestijn is not liable for the content of the Event program or for how it is carried out, including the length of the program.
**Article 22 Other rules**
22.1 The Visitor to the Event is obliged to comply with the regulations, internal rules, any changes thereto and the instructions of Het Glijfestijn, the transport company of the shuttle bus, the operators of the Event location, the security staff, the fire brigade, the police and other authorized parties. There may be security cameras at the location of the Event.
22.2 If the Visitor fails to comply with an order or violates a rule prohibiting certain behavior, he will be immediately removed by the security staff. Specific rules may apply to the grounds or location of an Event and will be announced or published on site. If possible, the rules will also be published in advance on the website of Het Glijfestijn.
**Article 23 Force Majeure**
In the event of force majeure in the broadest sense, which in this context also includes illness and/or withdrawal of the artist(s), as well as strikes, fire, bad weather conditions, epidemics, etc., Het Glijfestijn will be entitled to move the Event to another date or location or cancel the Event.
**Article 24 Moving or canceling the Event**
24.1 Het Glijfestijn will never be responsible for any form of damage resulting from the rescheduling or cancellation of the Event, as stated above. If the Event is moved or canceled as stated above, Het Glijfestijn will publish this fact as soon as possible in the manner it deems appropriate.
24.2 If the Event is canceled as a result of or in connection with force majeure before the Event has started, Het Glijfestijn will only be obliged to refund the customer the fee stated on the entrance ticket, or, in the absence thereof, the fee (excluding service costs) which the customer has paid via the official (pre)sales address as referred to in Article 1. If the Event must be canceled as a result of or in connection with force majeure after the Event has started, Het Glijfestijn will only be obliged to refund any amount incurred by it part of the purchase amount stated on the entrance ticket, or in the absence thereof, part of the fee (excluding service costs) that the customer has paid via the official (advance) sales address referred to in Article 1. Refunds will only be made no later than twelve weeks after the canceled date at a (pre)sales address, after the customer has presented to this (pre)sales address a valid and undamaged entrance ticket for the (cancelled) Event. Service costs and/or other damage will never be reimbursed. Nor can the customer claim (replacement) access to another event.
24.3 In the event of cancellation of the Event on behalf of the (Dutch) Government (due to a natural disaster, terrorism or epidemics or other emergency situation), Het Glijfestijn is not obliged to refund the entrance fee or the compensation paid to the customer via the official (for ) sales address as referred to in Article 1 or to reimburse the customer for any other form of damage and/or costs.
**Article 25 Image and sound recordings**
25.1 Het Glijfestijn is authorized to make image and/or sound recordings of the Event and the Visitors to the Event and to reproduce and/or publish these recordings or to arrange for the publication of these recordings in any form and in any way. By obtaining an entrance ticket to the Event and/or entering the location of the Event, the Visitor gives unconditional permission for the aforementioned recordings to be made, processed, published and used, in the broadest sense, without that Het Glijfestijn or one of its affiliated companies may be obliged to pay any compensation to him, at any time.
25.2 The Visitor hereby irrevocably waives any interest he may have in the above-mentioned recordings. To the extent that the Visitor has any copyright, neighboring rights and/or portrait rights to the above-mentioned recordings, he hereby assigns the rights to Het Glijfestijn without reservation and hereby irrevocably waives his personality rights and/or will not invoke them.
**Article 26 Smoke-free Event**
26.1 The Visitor may not smoke during an Event organized at a location of Het Glijfestijn. Smoking is only permitted within designated smoking zones. Het Glijfestijn will take reasonable steps to inform Visitors of the smoke-free nature of the Event, but cannot guarantee that the Event will be completely smoke-free. Under no circumstances is the Visitor entitled to a refund of the entrance fee or any other compensation if the Event is not completely smoke-free.
26.2 If an order to stop smoking or a ban on smoking is violated, security staff will immediately remove the Visitor as far as possible and any fines imposed on Het Glijfestijn as a result of the Visitor’s violation will be recovered from the Visitor.
**Article 27 Coins**
Coins purchased during an Event are only valid for that Event. Under no circumstances will Het Glijfestijn refund the purchase price of coins after the Event.
27.1 Electronic payment instrument Het Glijfestijn or another company of Het Glijfestijn (hereinafter in this article, “The Event”) has the choice to make an electronic payment instrument available and to offer it to the Visitor (before and/or during the Event ). The Visitor can put virtual coins/credit (“Upgrade”) on the electronic payment instrument. If the electronic payment instrument is made available to the Visitor during the Event, the Visitor has the option to top up using either cash and/or via an offered debit card and/or credit card at an associated cash register at the Event. Another option for Charging during an Event can be via a mobile application as designated by the Event, about which more information can be read on the Event Website. If the electronic payment instrument is made available and offered to the Visitor prior to the Event, then in addition to the aforementioned options, the Visitor also has the option to Upgrade via the Event Website and/or via the third party designated by the event. The Upgrade can be done by using a payment method offered on the Event Website. During the Event, no refund will be made to the Visitor (“Refund”) of the value of the other virtual coins/credit (“Remaining Credit”). The Remaining credit can only be refunded to the Visitor after the Even, when the bank account number of the Visitor is known to the Event organisation and/or if the Event offers the option; on an Event account of the Visitor or on an account of the Visitor with a third party such as Beatport or via the webshop of an Event. Via the Event’s online store, the Visitor can spend the Remaining Credit on, among other things, including but not limited to Merchandise. The Visitor must request a Refund of the Remaining Credit within four weeks after the Event. After this period, the Visitor loses the right to a Refund of the Remaining Credit. All necessary information regarding (the application of) the Refund can be read on the Event Website. This information is also disclosed to the Visitor at the location of the Event. Carrying out a Refund involves costs and the Event reserves the right to recover these costs from the Visitor. These costs are expressed on the Event Website. The electronic payment instrument must remain in the Visitor’s possession after the Event as the Remaining Credit is determined with this instrument. In the event of loss or possible theft of the electronic payment instrument, a Refund of any Remaining credit is not possible AND THE EVENT WILL NOT BE LIABLE FOR LOSS AND/OR THEFT OF THE ELECTRONIC PAYMENT INSTRUMENT.
**Article 27.2 Lockers**
Het Glijfestijn or another company of Het Glijfestijn (hereinafter in this article, “The Event”) has the choice to offer the Visitor the opportunity to rent a locker during the Event. A locker is a storage space for objects, clothing, bags, money and/or valuables of the Visitor, for which the Visitor will receive a personal key. The Visitor can use this key to open and close the locker. The use of the locker by the Visitor is subject to the general terms and conditions of Elockers or a third party, which the Visitor agrees to when renting the locker. THE EVENT WILL NOT BE LIABLE FOR LOSS AND/OR THEFT AND/OR USE BY A THIRD PARTY OF THE PERSONAL KEY/CODE, THEREFORE THE VISITOR MUST KEEP THE KEY/CODE TO HIMSELF AT ALL TIMES.
**Article 28 Festival**
All general terms and conditions of this chapter also apply to the festival organized by Het Glijfestijn. A festival can be an Event organized for one or more days, with or without camping facilities.
CHAPTER 4 TERMS AND CONDITIONS FOR WEBSITE PURCHASES
**Article 29 General**
29.1 The general terms and conditions of this chapter apply to every offer, acceptance and contract of a Visitor with regard to a Product of the Website. Such a product may include: a Download, e-ticket, merchandise - including a physical CD or DVD - or any other product offered.
29.2 This chapter and the purchase contracts mentioned herein relate exclusively to the purchase of distance contracts, i.e. contracts that are entered into online (via e-mail confirmation), as stated in Article 227a, Book 6 and/or 46a, Book 7 ( Sales to Consumers) of the Dutch Civil Code. These general terms and conditions meet all legal requirements for the purchase of a distance contract. Each Product is offered while supplies last.
29.3 All details that Het Glijfestijn must provide as a seller to the Visitor in accordance with Article 46c, Book 7 of the Dutch Civil Code are included in these general terms and conditions or on the Website. The following is stated on the Website where the Visitor purchases a Product: a) the identity of Het Glijfestijn and whether the Visitor must pay all or part of the price in advance; b) the main characteristics of the Product; c) the price including taxes; d) any shipping costs; e) the payment method and how the purchase agreement will be executed; f) a cancellation method for physical Products (which does not apply to purchased Downloads, Streams, e-tickets or a transport agreement); Furthermore: g) the costs for the use of communication tools by Het Glijfestijn will not be passed on to the Visitor; h) there is no specific term for the acceptance of the offer by the Visitor, except for the rule that the offer is limited by its nature (except in the case of Downloads and Streams) as long as stocks last or the Product is available; i) there is no agreement that extends to continuous or periodic delivery.
29.4 After the distance purchase agreement has been concluded between Het Glijfestijn and the Visitor, the Visitor can read the information for points a) to f) above, which states that the Buyer must complete the purchase agreement for physical Products within seven working days after receipt of the Cancel product on the website. However, this cancellation method does not apply to the purchase of a Download, Stream, e-ticket, transport agreement or a leisure service.
**Article 30 Online purchases of Downloads and Streams**
The Visitor can purchase Downloads and Streams on the Website of Het Glijfestijn and in some cases receive or listen to them free of charge. The service provided by Het Glijfestijn on the Website means that the Visitor is given the opportunity to stream music and other files and/or download these files for a certain price. Music is offered to the Visitor via the internet connection. Streams may be listened to free of charge, as indicated on the Website. If the Visitor wishes to download a specific file, he must indicate how he will pay for the Download.
**Article 31 Merchandise, tickets and other products**
The Visitor may purchase Merchandise, tickets, e-tickets or other Products via the Website of Het Glijfestijn, as a result of which the electronic distance purchase agreement is concluded. These forms of purchase are also subject to the general terms and conditions of this Chapter. Merchandise, including physical CDs and DVDs, will be sent by regular mail to the Visitor as indicated in these general terms and conditions below.
**Article 32 Consent**
All Downloads, Streams or Merchandise offered on a Website are always offered with the permission of the artists, record companies, writers and designers who have entered into an agreement with Het Glijfestijn.
**Article 33 Registration**
The Visitor must be registered in accordance with the provisions of Chapter 2 of these general terms and conditions before a distance purchase agreement can be concluded with Het Glijfestijn or for a Product offered on the Website.
**Article 34 Prices and costs of Downloads and Streams**
34.1 The Website clearly indicates the price that the Visitor must pay for each Product before it can be downloaded. The Website also offers the Visitor the opportunity to purchase multiple Downloads at a ‘package price’. These packages are available for sale under varying amounts of Downloads.
34.2 All prices are valid until new prices are indicated on the Website. No interim price changes are possible for a Download that has already been purchased but for whatever reason has not yet been delivered. All Product prices quoted are subject to VAT and remain unchanged. If the VAT rate changes, the new VAT rate will automatically apply from the moment the associated legislative change comes into effect.
34.3 The Visitor will not be charged for costs other than for the purchase of a Download or Download Package. The costs of the internet connection used by the Visitor must be paid by the Visitor.
34.4 The time it takes for the Visitor’s computer to download the Download made available by Het Glijfestijn after purchase is highly dependent on the type and quality of the Visitor’s internet connection, where Het Glijfestijn is in no way responsible or liable for.
**Article 35 Prices and costs of merchandise**
The Website clearly indicates the price that the Visitor must pay for each Product before it can be delivered. All prices are including VAT and excluding shipping costs. The Visitor will not be charged for any costs other than the purchase price and shipping costs. All prices are valid until new prices are indicated on the Website. No interim price changes are possible with regard to a Product that has already been purchased but not yet delivered for whatever reason. All Product prices quoted are subject to VAT and remain unchanged. If the VAT rate changes, the new VAT rate will automatically apply from the moment the associated legislative change comes into effect.
**Article 36 Formation of the purchase agreement**
36.1 An agreement for the purchase and sale of a Product between the Visitor and Het Glijfestijn will only be concluded after the Visitor has correctly accepted the offer on the Website, has correctly agreed to the purchase procedures on the Website and has made a payment to the party that processes the payments on behalf of Het Glijfestijn. Het Glijfestijn will ensure that an e-mail is arranged or sent as soon as possible to the Visitor who has purchased a Product, confirming that the purchase agreement has been concluded.
36.2 Het Glijfestijn has the right to refuse certain purchases from the Visitor if it has reasonable doubt about the ability of the Visitor to meet his financial obligations or if there is doubt about other factors that may be relevant to the establishment and implementation of the purchase agreement with the Visitor. Any future agreements will be refused if the Visitor violates the further usage rules as stated in Article 44 and/or 55.
36.3 Het Glijfestijn is responsible for establishing technical and organizational measures to secure the electronic transfer of personal data and payment transaction data.
**Article 37 Agreement**
37.1 Het Glijfestijn is obliged to deliver the Product to the Visitor in accordance with the description, quality and quantity as described for each Product on the Website and in the list of the ‘shopping cart’ which the Visitor has virtually filled with products to be purchased. Merchandise products are delivered taking into account normal tolerances for size, color and quantities, unless agreed otherwise. The visible photo of the Merchandise Product on the Website, if available, provides the best possible impression of the Product purchased by the Visitor, as reasonably possible.
37.2 The Visitor must inspect the purchased Product immediately after delivery to check whether it meets what he ordered and purchased. If this is not the case, the Visitor must report this to the e-mail address of Het Glijfestijn within seven days of receiving the voucher. Het Glijfestijn only has to choose whether to refund the purchase price or deliver another Product of the same type if it is demonstrated in writing or by e-mail that the Product - in the absence of an error on the part of the Visitor or reasons that are at the expense or risk of the Visitor Visitor applies - does not comply with what the Visitor has purchased. To the extent that a purchased Product cannot be played or otherwise used because the Visitor’s computer or connection does not meet the technical requirements, Het Glijfestijn will under no circumstances be obliged to refund or replace the purchase.
**Article 38 Approval Period for Downloads**
38.1 The Visitor may listen to a shortened version of each Download one or more times free of charge without purchasing it, but only as a Stream (where the file is not sent to the Visitor but is listened to from the Web server). By offering this option, the Visitor has the opportunity to consider the suitability and selection of the Download for purchase.
38.2 Due to the nature of the Product offered by Het Glijfestijn as a Download to the Visitor - the remote purchase of an electronic music or other file - one-off purchases of Downloads may not be reimbursed to the Visitor and the purchase price of a Download will cannot be returned under any circumstances, unless the delivery of a Download does not meet the reasonable expectations of the Visitor for technical or other reasons. The legal approval period with regard to the Product that will be purchased by the Visitor is respected by offering Streams of all available Downloads.
**Article 39 Payment**
39.1 Payment can be made by means of an instruction for that purpose from the Visitor to Het Glijfestijn or the designated party that processes payments on its behalf.
39.2 Het Glijfestijn that manages the Website is in no way liable for errors, malfunctions or defects relating to the payment by this third party or parties to the Website. The Visitor is bound by a standard agreement to the general terms and conditions of such a third party that processes the payment, which the Visitor may request from this party. Het Glijfestijn is not responsible for the content of these general terms and conditions.
39.3 After the Visitor has issued his payment order and payment has been made via the third party that processes the payment for Het Glijfestijn, the Website will make the Download for which the Visitor has paid available for electronic transfer via the Visitor’s computer, or the Merchandise Product to steer.
**Article 40 Download files**
In order to carry out Downloads, it is first necessary that the Visitor has installed certain software on his computer, which will be made available by the Website at the time of registration. When a Download or Stream is purchased on a Website, this Website will under no circumstances sell or supply a physical Product to replace it and no physical products will be sent to the Visitor.
**Article 41 User rights for downloads**
41.1 The Visitor may play the purchased Download on a computer or burn it on a sound carrier. Het Glijfestijn, which offers the Downloads and Streams, does not guarantee that the Download purchased by the Visitor can be played after it has been burned on a certain carrier in a certain format, or on a player that can reproduce music. This also does not mean that there is a guarantee that every burner can process the data of the purchased Download. This is all highly dependent on the hardware, software and peripheral equipment that the Visitor uses and for whose functionality Het Glijfestijn is in no way responsible or liable.
41.2 The Website contains a user manual that explains exactly how downloading and streaming from the Website works and sets the minimum requirements for the Visitor’s computer.
41.3 Het Glijfestijn, which offers Downloads and Streams, must ensure that questions, comments and reasonable requests regarding any problems are answered within a reasonable period and that they are dealt with adequately. The Visitor can contact us for this purpose by using the email address info@hetglijfestijn.nl.
**Article 42 Delivery of the Download**
42.1 A purchased Download will in principle be delivered immediately after the purchase agreement has been concluded. The Visitor will be immediately informed by means of a pop-up screen that the Download from the Website is available to be retrieved by his computer, through an internet connection. The Visitor must adhere to and agree to the user rules that have been determined at that time. When the Visitor indicates that his computer is ready to retrieve and receive the Download, Het Glijfestijn will make the Download available once. The Visitor is responsible for giving any incorrect instructions and Het Glijfestijn is not liable in this regard.
42.2 Het Glijfestijn is not obliged to carry out or supplement the delivery in a manner other than indicated here. Any power failure, malfunction, defect or other inability to receive the Download, with the exception of an attributable shortcoming on the part of Het Glijfestijn, is and remains entirely at the expense of the Visitor. For example, if the Visitor cancels the transfer when the Download has been made available by Het Glijfestijn, it will not be made available again.
42.3 If the Visitor does not receive the Download for any reason, or cannot use or play the Download for any reason, he may contact info@hetglijfestijn.nl for help, questions and/or comments. Het Glijfestijn will only make the Download available to the Visitor again if the Visitor is reasonably able to accept that the delivery of the Download has failed for a reason that cannot be attributed to the Visitor.
42.4 Het Glijfestijn must make all reasonable efforts to carry out the delivery in accordance with the reasonable expectations of the Visitor. If necessary, Het Glijfestijn will make itself available to assist if the Visitor has problems or questions regarding the Downloads, via e-mail or by telephone. Het Glijfestijn is not liable for any damage to the Visitor’s computer, consequential damage, losses resulting from delays, or damage caused by power outages or a poor internet connection.
42.5 If the Visitor does not make the payment, Het Glijfestijn is entitled to suspend the agreement and delivery, to terminate the agreement without any obligation to pay any compensation, or to demand the right to performance.
42.6 If the delivery of a specific product is temporarily impossible, for example as a result of a technical malfunction or otherwise, and the Visitor has already paid for the product, Het Glijfestijn will carry out the delivery as quickly as possible or refund the purchase price to the Visitor, on request by the Visitor by e-mail, if delivery has still not taken place after seven days.
42.7 Technical problems may occur on the Website and certain files may be temporarily unavailable for download by the Visitor at that time. Het Glijfestijn is under no circumstances liable for any resulting damage or delay caused to the Visitor.
**Article 43 Delivery of Merchandise**
43.1 As soon as Het Glijfestijn has received full payment, it will be obliged to deliver the purchased Product. Deliveries are only made to an existing postal address. Het Glijfestijn undertakes to the Visitor to properly package the Product and protect it in such a way that it reaches the delivery address in good condition by means of normal transport.
43.2 Delivery of a purchased Merchandise product will in principle take place within 14 days after conclusion of the purchase agreement and receipt of payment. The Visitor will be immediately informed by email that the agreement has been concluded, the Product has been paid for and that it will be shipped. Het Glijfestijn will at all times make reasonable efforts to deliver the Product within 14 days. Orders can sometimes be delivered later due to dependence on suppliers.
43.3 If a particular Product is no longer in stock, the buyer will be notified by e-mail. If delivery takes longer than 30 days, the Visitor is entitled to immediately cancel the purchase and receive a refund of the purchase price, including all additional costs paid.
43.4 If the delivery of a specific Merchandise product is temporarily impossible, for example as a result of a technical malfunction or otherwise, and the Visitor has already paid for that Product, Het Glijfestijn will carry out the delivery as soon as possible or refund the purchase price to the Visitor. - but only at the request of the Visitor via the helpdesk - if delivery has not yet taken place after seven days. Het Glijfestijn is under no circumstances liable for any resulting damage or delay caused to the Visitor.
43.5 The manufacturer’s warranty provisions often apply to certain Merchandise products. The Visitor may contact the helpdesk with questions about this warranty.
**Article 44 Return of Merchandise Products**
44.1 The Visitor may return Merchandise products within seven working days of receipt, but only including CDs or DVDs if they are still sealed. Tickets, CDs, DVDs with a broken seal cannot be returned. Returns can be sent to Het Glijfestijn, stating the order number, at Egelenburg 2, 1081 GK Amsterdam.
44.2 After Het Glijfestijn has received the return shipment, the amount will be refunded to the Visitor’s account, provided that the conditions set have been met and the Buyer has given reasons for returning the items.
CHAPTER 5 CONDITIONS FOR SERVICES OR PRODUCTS TO BE PROVIDED BY THIRD PARTIES
**Article 45 General terms and conditions and third-party agreements**
45.1 In some cases, the Visitor is referred via the Website to the website of a third party if this third party is responsible for the performance of a specific service or a specific Product. The Visitor can see via the ‘current page’ status on his screen whether he has been redirected to a third-party website. This is also visible when the Visitor enters into a distance purchase agreement with this third party.
45.2 If the Visitor purchases a product or service from this third party, the general terms and conditions of this party will apply and the Visitor will enter into a purchase agreement with this party. This third party is then liable for the fulfillment of all obligations towards the Visitor.
45.3 Although Het Glijfestijn carefully selects all its third parties involved, it is not a party to an agreement between the Visitor and this third party. The Visitor indemnifies Het Glijfestijn against any claim for costs or damage that may arise from an agreement with this third party. Any applicable general terms and conditions of the third party can always be requested via the third party’s website.
**Article 46 Payment of e-tickets**
If the Visitor purchases an e-ticket for a Het Glijfestijn Event, the payment for this Product will usually be handled by a third party on behalf of Het Glijfestijn. This third party normally uses its own general terms and conditions in connection with the Visitor as the buyer of the entrance ticket. The general payment terms and conditions of the third party, as well as these general terms and conditions of Het Glijfestijn, will apply to an e-ticket.
**Article 47 Travel, transport and airline tickets**
47.1 The Visitor may be offered trips for booking tickets for domestic and foreign events via the Website, which will be booked and handled by a third party. When purchasing such a trip, the Visitor enters into a transport agreement with this third party. Although Het Glijfestijn chooses these providers with care, it is not a party to the agreement between the Visitor and this third party.
47.2 The Visitor indemnifies Het Glijfestijn against all claims for costs or damage that may arise from an agreement between him and this third party. Any applicable general terms and conditions of the third party can always be requested via the third party’s website.
**Article 48 Offers from exhibitors at an Event**
The Visitor to an Event of Het Glijfestijn may be offered products or services by third parties/exhibitors at the Event, such as food or drinks, merchandise or other products such as sunglasses or clothing, or by providers of fairground attractions. Although Het Glijfestijn chooses these exhibitors with care, it is not a party to an agreement between the Visitor and this third party. Het Glijfestijn, which organizes the Event, will under no circumstances be liable for damage resulting from the purchase or acquisition of a product or service by the Visitor, including a fairground ride from this third party. The Visitor indemnifies Het Glijfestijn against all claims for costs or damage that may arise from an agreement between him and this third party. Any applicable general terms and conditions
CHAPTER 6 FINAL PROVISIONS
**Article 49 Additional rules of use**
49.1 Visitors to the Website are at all times obliged to comply with the regulations, any changes to the rules and instructions and rules of use of Het Glijfestijn as published on the Website.
49.2 Insofar as the Visitor to the Website does not comply, does not fully comply and/or does not comply with the rules of use on time, Het Glijfestijn may, depending on the specific circumstances, suspend its obligations and terminate the agreement without being liable for any damages. or require specific performance.
**Article 50 Information on the Website**
Although Het Glijfestijn pays a lot of care and attention to providing information on the Website, it cannot give any guarantee with regard to the nature and content of the information and is in no way liable for the content and the consequences of the use of this information. To the extent that the Website contains links to offers, Products, materials or the website of a third party, Het Glijfestijn is neither responsible nor liable for the operation of this link, access to it or the content of the information on such a website.
**Article 51 Force Majeure**
Notwithstanding its other rights, Het Glijfestijn is entitled, in the event of force majeure, to suspend or terminate the execution of an agreement outside the court, without any obligation to pay any compensation. Force majeure includes any violation that cannot be attributed to Het Glijfestijn, because there is no accountability under the law, a legal act or generally accepted standards.
**Article 52 Liability for information**
52.1 Het Glijfestijn will under no circumstances be responsible to the Visitor or third parties for errors, limited information or details on a Website, except in the case of intent or deliberate recklessness towards the Visitor. Het Glijfestijn, its affiliated companies or third parties involved in the performance of a service or agreement will under no circumstances be liable for damage, costs, loss of profit, loss, consequential damage, loss of privacy or loss of data for direct or indirect use or the operation of the Website.
52.2 Het Glijfestijn does not guarantee to the Visitor that the Website, parts thereof or associated functions will always function flawlessly, function as described or be available for use. Due to the internet connection, the resulting link to many unknown third party internet users and possible attacks by hackers or others, Het Glijfestijn cannot guarantee that the Website or the server it uses will always be free of viruses, bugs or other errors or defects. . The Visitor must also take reasonable measures to ensure that his computer is protected against viruses and the like.
52.3 Het Glijfestijn will under no circumstances be liable if the Visitor follows a link or hyperlink to a website of a third party, or if the Visitor enters into an agreement with this third party. Het Glijfestijn will also under no circumstances be liable for messages posted by others on a forum or via a social medium that cause material or immaterial damage to the Visitor in any way.
**Article 53 Intellectual property rights**
53.1 Everything published on the Website or belonging to the Website, including music files, artist names, label names, Streams, Downloads, software, designs, drawings, logos and trademarks are part of the intellectual property of Het Glijfestijn or a licensee thereof, by the law or on the basis of an agreement.
53.2 The Visitor must at all times acknowledge and observe these intellectual property rights and comply with all restrictions imposed by law on the use of protected work. Downloading, streaming and other use of Products and files is governed by the user rules included in these general terms and conditions. The Visitor is obliged to adhere to these user rules at all times. These user rules are based, among other things, on the current formulation of the Dutch Copyright Act and form only a brief summary of the instructions and prohibitions that apply to the Visitor under the Act.
53.3 The provisions of the Dutch Copyright Act and other intellectual property rights are at all times fully applicable to all use and take precedence over these user rules: a) the Visitor may only make normal private use of a Product after he has taken care of it in the normal manner has paid as indicated on the Website. Any action by the Visitor that circumvents, changes or otherwise avoids the payment method is prohibited. The Visitor may not otherwise reproduce, modify, upload, publicly play, display, make available to third parties, perform, sell, resell, misuse, etc. a Download or other material from the Website, as all these actions are reserved for the rights holders. The Visitor may not modify, circumvent, decrypt, encrypt or disrupt; b) the Visitor is allowed to make normal use of the Product file that he has lawfully purchased, according to the procedures on the Website. You are allowed to make your own copy, burn a CD or make a copy to another computer of music and other files downloaded and purchased according to the rules, but only for personal and non-commercial use. Making copies available to third parties is not permitted under any circumstances; c) the security method as applied to the software also explicitly belongs to the secure parts of the Website; d) the delivery of a file purchased by the Visitor does not convey or license any right to the Visitor to promote or exploit that file.
53.4 If it has been determined that a Visitor has violated the legal rules, Het Glijfestijn is within its right to inform the entitled party, who can then take legal action against the Visitor.
**Article 54 Replacement clause**
If and to the extent that any provision of these general terms and conditions conflicts with any legal provision, this will not affect the other provisions of these general terms and conditions. The provision in question will cease to exist and will be replaced by a provision that comes as close as possible to the original with regard to the content and nature and what is legally permitted.
**Article 55 Applicable law and jurisdiction**
Dutch law applies to these general terms and conditions. The District Court of Amsterdam has exclusive jurisdiction to hear disputes relating to these general terms and conditions, an agreement or its implementation.