GENERAL TERMS AND CONDITIONS FOR VISITORS OF HAARLEM VINYL FESTIVAL

These are the General Terms and Conditions for Visitors of the Haarlem Vinyl Festival, as used by the Foundation Haarlem Vinyl and which have been published on its website and filed at the Chamber of Commerce in Amsterdam on June 2023.

Article 1. Definitions

Agreement: any agreement concluded or to be concluded, directly or indirectly, between the Foundation Haarlem Vinyl and the Customer in relation to the purchase of Products and/or attendance to the Haarlem Vinyl Festival.

Customer: any natural person or business entity that, directly or indirectly, concludes an Agreement with the Foundation Haarlem Vinyl through the Web Shop and/or regarding attendance to the Haarlem Vinyl Festival, including but not limited to Visitors and/or a Delegates.

Delegate: a natural person who, as a professional visitor of the Haarlem Vinyl Festival, directly or indirectly concludes an Agreement with the Foundation Haarlem Vinyl for the entry and attendance to the Events as part of the Haarlem Vinyl Festival and for this purpose has registered with the Foundation Haarlem Vinyl and/or bought a Pro Ticket;

Event: a showcase, music event, (brand) activation, panel, talk, vinyl market and/or the entire or a specific part of the Haarlem Vinyl Festival.

 

Foundation Haarlem Vinyl: we, foundation Haarlem Vinyl, a foundation with full legal capacity Stichting Haarlem Vinyl, organized under the laws of the Netherlands, residing at Nijverheidsweg 36 in (2031 CP) Haarlem, the Netherlands, which, amongst others, takes care of the organization, promotion and production of the Haarlem Vinyl Festival on an annual basis, or, where appropriate, the relevant companies affiliated with the Foundation Haarlem Vinyl pertaining to such activities.

General Terms and Conditions for Visitors: these terms and conditions, as used by the Foundation Haarlem Vinyl, which apply to the legal relationship between the Customer and the Foundation Haarlem Vinyl with regard to the use of the Web Shop, the purchase of both Products and Tickets and which also apply to the actual attendance of a Visitor to the Haarlem Vinyl Festival.

 

Haarlem Vinyl Festival Branding: the distinguishing signs, works, creations and objects otherwise pertaining to the Haarlem Vinyl Festival, such as names, logos, designs, look and feel, house style (elements), digital design, coloring, domain names and social media accounts, either registered or not, and which are the exclusive property of the Foundation Haarlem Vinyl, all in the broadest sense of the word.

 

Haarlem Vinyl Festival: the annual multiple-day event “Haarlem Vinyl Festival” as well as (related) events organized by or on behalf of the Foundation Haarlem Vinyl, which provides a multi-day festival entirely dedicated to vinyl culture, consisting of several Events such as showcases, music events, a vinyl market, talks and panels, both day-time and night-time, and which is open to both Delegates and (non-business) Visitors, and which Events are organized, promoted and/or produced by the Foundation Haarlem Vinyl and/or licensed Promoters, and which Events are held at various Venues in Haarlem.

Products: products and/or services offered by or on behalf of the Foundation Haarlem Vinyl through its Website and/or accredited store locations, including, but not limited to Tickets and merchandise products.

Promoter: the natural person who or business entity that organizes, promotes and produces an Event at his/her and/or its sole risk and for his/her and/or its sole account, licensed by the Foundation Haarlem Vinyl.

Ticket: a ticket, meaning an admission ticket provided by or on behalf of the Foundation Haarlem Vinyl, which proves that the Visitor and/or the Delegate is/are entitled to be present at the Venue(s) of the Haarlem Vinyl Festival and/or an Event as part thereof, respectively, and which could concern a document, a barcode, or, after it has been exchanged, a Wristband.

Ticket Price: the official relevant purchase price for a Ticket, excluding any extra service provider fees, handling fees and/or membership fees.

Venue: the place, including without limitation the relevant building, building complex or the room(s), square, street(s) and/or location(s) where the Events as part of the Haarlem Vinyl Festival are held.

Visitor: any natural person, whether or not acting in a professional or commercial capacity, and who, directly or indirectly, enters into an Agreement with the Foundation Haarlem Vinyl in his/her capacity of Delegate and/or Customer otherwise for the purpose of attending Events and/or any other part of the Haarlem Vinyl Festival, as well as any person who is actually present in or around the Venue(s) for that purpose.

Website: the website, online webshop and/or social media accounts of and operated by or on behalf of the Foundation Haarlem Vinyl and/or the companies affiliated to it, and, where appropriate, apps linked to such website(s), webshop(s) and social media accounts.

Wristband: the admission Ticket that, after payment and registration, grants the relevant Visitor or Delegate actual entry to the Events and other relevant part(s) of the Haarlem Vinyl Festival.

Article 2. Scope of Application

2.1 These General Terms and Conditions for Visitors apply to any and all offers by the Foundation Haarlem Vinyl through the Website, its accredited store locations and all other Agreements concluded between the Foundation Haarlem Vinyl and the Customer. These General Terms and Conditions for Visitors also apply if an Agreement is concluded for the purchase of Tickets through an official (pre)sales agent or ticketing organization engaged by the Foundation Haarlem Vinyl for this purpose.

2.2 Agreements for the purchase of Tickets and attendance to the Event(s) as part of the Haarlem Vinyl Festival are concluded either between the Foundation Haarlem Vinyl and the Customer or a licensed Promoter and the Customer. For clarity and for the avoidance of doubt, the Foundation Haarlem Vinyl is not a contractual party to such agreements between a Customer and a licensed Promoter. The general terms and conditions of the relevant Promoter may be applicable to such agreements between the Customer and a licensed Promoter.

2.3 The applicability of any general terms and conditions of the Customer is expressly excluded. Any such general terms and conditions of the Customer are not binding on the Foundation Haarlem Vinyl, unless the Foundation Haarlem Vinyl has expressly accepted them in writing.

2.4 The Foundation Haarlem shall be entitled to amend these General Terms and Conditions for Visitors from time to time. The Customer is hereby advised to read these General Terms and Conditions for Visitors periodically to keep abreast of any changes therein.

Article 3. Terms and Conditions Governing Purchases

3.1 Before the Customer can make purchases through the Website, the Customer is asked to register and provide the Foundation Haarlem Vinyl with specific data. The data required must be provided completely and accurately, including, but not limited to, the Customer's name (hence, not another name or stage name), telephone number and a valid email address. For any order of a Ticket, a valid and correct address or email address must be provided. Any change of data must be submitted to the Foundation Haarlem Vinyl through the email address info(at)haarlemvinylfestival.com

3.2 If Tickets are bought for third parties, all required data with respect to these third parties must be provided completely and accurately. In accordance with these General Terms and Conditions for Visitors, the accuracy of such data is checked before a Wristband is supplied, at which point the holder of the Ticket must be able to produce a valid proof of identity.

3.3 The Haarlem Vinyl Festival Foundation reserves the right to limit orders of large quantities of a specific Product for one Customer or postal address.

3.4 In placing an order, the Customer grants express permission to the Foundation Haarlem Vinyl to request information for the purpose of verifying the Customer's identity, assessing the validity of the credit card used and obtaining a first credit card authorization. Misuse of credit cards shall be reported to the appropriate authorities. Where appropriate, the Foundation Haarlem Vinyl is entitled to refuse the Customer entry to (future editions of) the Haarlem Vinyl Festival, one or more Events as part thereof and/or to refuse the issue of a Wristband.

Article 4. Offers and Agreements

4.1 Information, offers, communications and quotations relating to Products and/or Events are provided by the Foundation Haarlem Vinyl and/o third parties as accurately as possible orally, by telephone, email or through the Website. The Foundation Haarlem Vinyl does not accept liability for any inaccurate or incomplete information provided by or on behalf the Foundation Haarlem Vinyl and/or third parties as meant above.

4.2 All quotations are exclusive of VAT, postage, handling fees, service provider fees and/or membership fees, unless otherwise stated in writing. Any information about prices and availability of Tickets and Products is provided 'as is', without any warranty of any kind, and is not binding on the Foundation Haarlem Vinyl.

4.3 All orders placed through our Website are subject to approval by the Foundation Haarlem Vinyl and the acceptance thereof is conditional upon the availability of the relevant Tickets and/or Products.

4.4 After an order has been placed, the Customer receives an automatically generated email confirming the information of the order. This email does not constitute any approval of the order but is only an acknowledgement of receipt. The Agreement between the Customer and the Foundation Haarlem Vinyl is concluded after payment for an order placed through the Website has been effected and/or has been approved by the Foundation Haarlem Vinyl in writing and/or at the time of delivery of the Products. As soon as the Product is actually available to the Customer, the risk of and liability for the loss, theft, damage and/or abuse thereof lies with the Customer.

4.5 The Foundation Haarlem Vinyl reserves the right not to approve any order, for example, if it fails to obtain permission for or confirmation of the payment; if a specific Product is subject to shipping restrictions, if the Product is not in stock or fails to satisfy the applicable quality standards and is withdrawn; or if, at the Foundation Haarlem Vinyl reasonable discretion, the Customer acts contrary to these General Terms and Conditions for Visitors, which includes the situation where the Haarlem Vinyl Festival Foundation has doubts about the accuracy or validity of the data provided by the Customer in placing the order.

4.6 The Customer shall effect payment immediately upon placing the order in the manner indicated on the Website. If payment is not effected in a timely manner, the Customer shall, after receiving due notice to this effect from the Foundation Haarlem, pay not only the total sum due but also interest at the statutory rate and all judicial and extrajudicial collection costs incurred by the Foundation Haarlem Foundation. As long as no payment has been made to Foundation Haarlem Vinyl Festival, the Foundation Haarlem Vinyl is also entitled to refuse the Customer entry to the Haarlem Vinyl Festival (including to refuse the issue of a Wristband).

4.7 In exceptional cases, the Foundation Haarlem Vinyl may, after receiving a written request from the Customer to this effect, grant the Customer permission for payment through an invoice, which invoice the Customer must pay within 14 days of the invoice date. The invoice must always be paid before the Haarlem Vinyl Festival commences. If the invoice has not been paid before the start of the Haarlem Vinyl Festival takes place, the Customer forfeits the right to gain entry to the Haarlem Vinyl Festival or any part thereof with the relevant Ticket and/or to the issue of a Wristband.

4.8 As far as the offer or sale of a Ticket of an Event as part of the Haarlem Vinyl Festival is concerned, the Foundation Haarlem Vinyl acts only as an intermediary in concluding the relevant agreement between the Customer and the external licensed Promoter of the relevant Event. The Foundation Haarlem Vinyl is not a contractual party to the agreement that is subsequently, after the purchase through the Website has been effected, concluded between the Customer and the Promoter The Foundation Haarlem Vinyl Fest itself does not provide Tickets for such Events of licensed third party Promoters..

4.9 The Foundation Haarlem Vinyl is not liable for any damage or loss arising from the withdrawal of a specific Product from sale, irrespective of whether any order has been placed for this Product.

Article 5. Privacy

5.1 The Customer who intends to order Products through the Website and/or Website must provide specific personal data, such as the Customer's name, email address, the delivery address, and the relevant city or town. The purpose of this is primary to ensure on the basis of such data that the orders can actually be delivered and/or that the Foundation Haarlem Vinyl and/or its affiliates are able to execute and fulfill its/their obligations under the Agreement. In addition, specific data concerning Delegates are published for the benefit of other Delegates in order to inform the latter of who will attend the Haarlem Vinyl Festival and to make sure Delegates profit from their own participation and attendance to the maximum extent possible. Next to this the Foundation Haarlem Vinyl may use anonymous data about Visitors' actual visits to Events to gain insight into visitor numbers and crowd management in order to improve its services and monitor the licensed Promoters. Finally, where appropriate and subject to prior consent of the Visitor, the Foundation Haarlem Vinyl may collect, process and use un-anonymous data of the Visitor through Wristbands and both anonymous and un-anonymous data on Visitor's commercial behavior related to his/her visit to and interest in Haarlem Vinyl Festival and the Website.

5.2 The use of the personal data of Visitors is governed by the Privacy Statement of the Foundation Haarlem Vinyl, which is published and can be consulted on the Website. For privacy related matters, the Customer is always free to contact the Foundation Haarlem Vinyl in writing via the following e-mail address: info(at)haarlemvinylfestival.com

 

5.3 The Foundation Haarlem Vinyl processes the personal data of the Visitor in accordance with the General Data Protection Regulation (GDPR), applicable since 25 May 2018 and also known as Algemene verordening gegevensbescherming (AVG), as well as other relevant privacy regulations. The Foundation Haarlem Vinyl warrants and represents that it will handle the personal data of its Customers with great care and refrain from using such data for purposes other than those specified in its Privacy Statement. For example, without the prior consent of the Visitor the data will not be disclosed to third parties for commercial purposes, unless this is necessary to perform and execute the Agreement, such as the delivery of Products. The Foundation Haarlem Vinyl reasonably takes every possible measure to ensure that the personal data are secured against theft or misuse.

5.4 By entering into an Agreement with the Foundation Haarlem Vinyl and/or requesting for and receiving a Wristband, the Visitor grants express consent for processing the personal data in accordance with the Privacy Statement of the Foundation Haarlem Vinyl.

5.5 If the Customer has not reached the age of 16 years old yet, his/her parents or carers must be aware of the content of the Privacy Statement and, if applicable, agree to such content before the Customer is able to register for the purpose of using the Website and/or visiting the Haarlem Vinyl Festival.

5.6 Please note that the processing of personal data is subject to international law, including but not limited to the GDPR and other applicable privacy laws and regulations. Attempting to gain access to and/or the creation and reproduction of, by any third party, any database and/or list of addresses and/or mailings, whether computerized or otherwise, from the information provided in and/or through the database(s) of the Haarlem Vinyl Festival, including for promotional and/or commercial purposes, is only allowed with the prior (written) consent of Foundation Haarlem Vinyl.

Article 6. Website Security

The Foundation Haarlem Vinyl shall undertake all reasonable precautions to ensure the security of its Website. All bank transactions are processed through Stager (ticketing) via Adyen and all data are transmitted (in encrypted form) through https. To ensure that the use of the Website is secure, simple and reliable, the Foundation Haarlem Vinyl uses http authentication by means of a user name and password, where all data are transmitted (in encrypted form) through HTTPS.

Article 7. Product Returns and Exchanges

7.1 Save for Tickets and Products by reason of their nature do not qualify for return service, such as customized Products, purchased Products may be returned (statutory) within fourteen (14) days of the date on which the Customer actually receives them. For any assistance in this respect, an email can be sent to info(at)haarlemvinylfestival.com.

7.2 Any Product the Customer returns must be in a new, unused and undamaged state, in the original packaging and with all labels attached. The purchase price paid for all correctly returned Products is refunded into the credit card or bank account of the original Customer, exclusive of taxes, import duties and shipping costs. New, unused and undamaged means that no traces of use are visible on the Product or the labels. If such traces are visible, the Product is returned to the Customer and the purchase price paid is not refunded.

7.3 Upon registration, a Ticket is assigned to one person (either professional/business or personal). Once a Ticket has been bought, it cannot be registered in another's name. Before gaining entry to the Haarlem Vinyl Festival or any part thereof, the holder of a Ticket is required to register with and provide proof of identity to the Foundation Haarlem Vinyl in accordance with clause 8.2 of these General Terms and Conditions for Visitors.

Article 8. Delivery

8.1 Responsibility for the Products purchased is transferred to the Customer on the date of dispatch. If another recipient is specified for the delivery (for example, if the Product is a gift, or if it is intended for a Delegate), the Customer agrees that delivery to the delivery address specified or delivery in person to the Delegate on whose behalf the Product was bought is to be regarded as performance of delivery by the Foundation Haarlem Vinyl, involving the transfer of responsibility as stated above. Any responsibility for and risk of loss, theft, damage or abuse of the Tickets passes to the Customer immediately upon the approval of the order.

8.2 A Ticket grants the right to a special, personal and non-transferable Wristband, which allows the holder to gain entry to the Haarlem Vinyl Festival, only if- after a check of the data provided at the time of the purchase of the Ticket and the proof of identity with a valid ID card- the Delegate or Customer otherwise is registered at the registration desk intended for that purpose during the Haarlem Vinyl Festival. A Wristband is delivered to this Delegate and/or Customer otherwise at the registration desk only if all data are accurate and complete. The Wristband may not be used by persons other than the Delegate and/or Customer otherwise registered for that purpose and/or shared with other persons.

8.3 Delivery dates specified on the Website are not strict deadlines unless stated otherwise. If a Product purchased is not delivered within the estimated delivery period, the Customer must notify the Foundation Haarlem Vinyl Festival thereof in writing. In this case, the Customer is not entitled to any damages or compensation. Nor is the Customer entitled to cancel the order or to terminate or rescind the Agreement without recourse to the court because the delivery period has been exceeded, unless it has been exceeded to such an extent that the Customer cannot reasonably be expected to maintain the Agreement and/or to attend the Haarlem Vinyl Festival in a timely manner. The Foundation Haarlem Vinyl is not responsible and liable for any delays due to processing procedures at customs offices of destination.

Article 9. Tickets and Intellectual Property Rights

9.1 Tickets are and remain the property of the Foundation Haarlem Vinyl and/or the licensed Promoter. A Ticket can grant only its holder entry to the relevant Event(s) as part of the Haarlem Vinyl Festival.

9.2 When a Ticket is bought, the data of the Delegate or Customer otherwise for whom the Ticket is bought must be provided to the Foundation Haarlem Vinyl through the Website. The Ticket is assigned to the Delegate and/or Customer otherwise and is strictly personal and not transferable from the time of purchase.

9.3 A Delegate and/or Customer otherwise may gain entry to the relevant Event(s) as part of the Haarlem Vinyl Festival Conference only if he/she has a Wristband.

9.4 Only purchase through the Website, through accredited (pre-)sales locations or through ticketing providers engaged by the Foundation Haarlem Vinyl guarantees the validity of a Ticket. The burden of proof of such validity lies with the Customer. If it turns out that the Ticket was obtained from a party other than the aforesaid parties, the Customer can be denied entry to the relevant Event(s) and/or a Venue as part of the Haarlem Vinyl Festival and/or the issue of a Wristband.

9.5 A Ticket does not guarantee entry to an Event and/or Venue as part of the Haarlem Vinyl Festival. The Foundation Haarlem Vinyl pursues a strict “full is full” policy, which could also apply to the maximum number of Wristbands pertaining to an Event and/or Venue as part of the Haarlem Vinyl Festival. This means that after a Wristband has been shown, entry is granted to an Event only if the Event and/or Venue is not at full capacity.

9.6 The Customer is not entitled to a refund of the Ticket Price or any other compensation in the event of abuse, damage, loss or theft of the Ticket and/or if the Customer does not use the Ticket for any reason, including without limitation the Event and/or the Venue in which no entry is granted in case an Event and/or a Venue is at full capacity. With regard to the refund of the Ticket Price for Events of licensed Promoters, the terms and conditions of the relevant Promoter may apply.

9.7 Visitors who have not yet reached the age of 16 (sixteen) may be denied entry to certain Events and/or Venues as part of the Haarlem Vinyl Festival. Please check the Website for the minimum age, which varies for each Event, Venue and/or licensed Promoter.

9.8 The Customer guarantees that if he/she makes a Ticket available to third parties for free and not for commercial purposes, all the Customer's obligations hereunder or any Agreement with the Foundation Haarlem Vinyl will also pass to such third parties in full. The Customer warrants and represents to the Foundation Haarlem Vinyl that this third party will fulfill any and all these obligations.

9.9 Tickets may not in any case whatsoever be resold to third parties, offered for sale, or exploited for commercial purposes in any other way, including as part of unauthorized brand activations and giveaways, nor may these be forged or copied. If the Customer fails to comply with this obligation, the Foundation Haarlem Vinyl and/or the licensed Promoter is/are entitled to regard these Tickets as invalid and the Customer owes an immediately payable penalty of €2,500 (in words: two thousand and five hundred Euros) per Ticket to the Foundation Haarlem Vinyl and €1.000 (in words: one thousand Euros) for each and every day that such violation continues, without prejudice to any other rights of the Foundation Haarlem Vinyl, including the right to demand performance and/or full damages. The holder of an invalid Ticket is denied entry to an Event and/or Venue as part of the Haarlem Vinyl Festival and is not entitled to any compensation.

9.10 The Customer shall refrain from performing any acts that may prejudice or infringe the rights or other interests of the Foundation Haarlem Vinyl, its licensees, sponsors, partners and/or licensed Promoters.

9.11 Foundation Haarlem Vinyl is the rightful owner of any and all intellectual and industrial property rights and other exclusive exploitation rights pertaining to (parts of) the Haarlem Vinyl Festival Branding. The Customer shall respect these rights at all times, either directly or indirectly. The Customer is not permitted to reproduce, use and/or exploit, either directly or indirectly, (parts of) the Haarlem Vinyl Festival Branding and other legally protected distinguishing signs, works, creations and/or objects otherwise in conjunction with the Haarlem Vinyl Festival and the Events and/or Venues which are part thereof. The Customer is not permitted to reproduce, remove and/or modify statements in respect of copyrights, trademarks, logos, trade names and/or other industrial or intellectual property rights and/or other exclusive exploitation rights of the Foundation Haarlem Vinyl, its licensees, sponsors, partners and/or licensed Promoters.


Article 10. Cancellation, Alteration or Relocation of the Haarlem Vinyl Festival

10.1 The Foundation Haarlem Vinyl shall be entitled to change or alter (the program of) the Haarlem Vinyl Festival, either partly or as a whole. In case the Foundation Haarlem Vinyl cancels the Haarlem Vinyl Festival, either partly or as a whole, for whatever reason including but not limited to a Force Majeure event set forth in clause 13, the Foundation Haarlem Vinyl shall be entitled to relocate and/or reschedule the Haarlem Vinyl Festival, either partly or as a whole, and/or to alter parts thereof (e.g. where appropriate in the form of an online streaming conference and/or event). Should this be the case, Tickets already sold will, in principle, remain valid for the altered, relocated and.or rescheduled (parts of) the Haarlem Vinyl Festival.

 

10.2 In case of cancellation set forth in clause 11.1, upon a written request to this effect, the Foundation Haarlem may offer the original Customer who bought a Ticket an alternative compensation in the form of the provision of a special voucher to value at the Ticket Price of a Ticket, including the service fee which has been paid. The relevant value and term of validity of such voucher shall be mentioned on the copy of the voucher to be issued to the Customer.

 

10.3 In case of cancellation of the Haarlem Vinyl Festival as a whole set forth in clause 10.1, upon a written request to this effect, the original Customer who bought a Ticket could apply for a refund to value at the Ticket Price of his/her Ticket, including the service fee paid yet, provided that the Customer informs the Foundation Haarlem Vinyl in a reasoned manner that he/she will not be able to attend the relocated and/or rescheduled Haarlem Vinyl Festival as a whole nor could accept the aforesaid voucher to the extent such voucher has been offered to the Customer. The original Customer qualifies for such a refund only if the original copy of the Ticket or Wristband has been submitted in accordance with further instructions and terms issued by the Foundation Haarlem Vinyl and within a period of six (6) weeks of the date of cancellation at the latest. The Foundation Haarlem Vinyl strives to reasonably settle correct requests for refund within a period of four (4) weeks after the receipt of such request at the latest.

 

10.4 In case of relocation, alteration or cancellation of the Haarlem Vinyl Festival, either partly or as a whole, the Foundation Haarlem Vinyl will inform the Customer accordingly through the Website.

 

10.5 The terms and conditions of the relevant licensed Promoters may apply to the purchase price of Tickets for Events as part of the Haarlem Vinyl Festival, including those related to cancellation, alteration, relocation and/or rescheduling of such Events, either partly or as a whole.

10.6 The Foundation Haarlem Vinyl and/or the relevant licensed Promoter is/are entitled to cancel, alter, relocate and/or reschedule an Event as part of the Haarlem Vinyl Festival, either partly or as a whole. It is the responsibility of the Customer to verify whether such an Event is to be or has been cancelled or is to be or has been altered, relocated and/or rescheduled and, should this be the case, to find out about the new date, new hours and/or the new Venue. If an Event is cancelled, altered, relocated and/or rescheduled, the Foundation Haarlem Vinyl will do its best to ensure that, as soon as it becomes aware thereof, either the Foundation Haarlem Vinyl or the relevant licensed Promoter will notify the Customer of the foregoing. The Foundation Haarlem Vinyl cannot warrant and represent, however, that the Customer will receive such information in a timely manner prior to the start of the Event. The Foundation Haarlem Vinyl is not liable for any damage, loss and/or compensation in this respect.

10.7 Tickets for Events that are relocated and/or rescheduled will, in principle, remain valid for this relocated and/or rescheduled Event. For additional information, please contact the customer service through info(at)haarlemvinylfestival.com and/or the relevant licensed Promoter. The general terms and conditions of the relevant licensed Promoter may also apply to the foregoing and the Foundation Haarlem Vinyl is not liable for any damage, loss and/or compensation in this respect.

Article 11. Limitation of Liability

11.1 To the extent permitted by law and other than set forth herein, the Foundation Haarlem accepts no liability for any and all damage or loss caused by the cancellation, alteration, relocation and/or rescheduling of the Haarlem Vinyl Festival and/or an Event as part thereof, either wholly or partly, nor for any other damage, compensation or loss, for whatever reason, which directly or indirectly arises from acts or omissions by the Foundation Haarlem Vinyl, a licensed Promoter and/or a Venue, or persons engaged by or on behalf of these, or by third parties, during the Haarlem Vinyl Festival, an Event and/or relating to the visit to and the stay at the Venue, unless the damage or loss is due to its intent or gross negligence.

11.2 To the extent the Foundation Haarlem Vinyl imputably fails to meet an obligation under the Agreement and/or these General Terms and Conditions for Visitors, the possible liability of the Foundation Haarlem shall be limited to direct loss or direct damage, and solely to the extent if it is legally obliged to bear such liability. In such a case, the Foundation Haarlem Vinyl is solely liable if the Customer immediately notifies the Foundation Haarlem Vinyl in writing on such a failure in performance, providing a reasonable time-limit to restore such failure or remedy otherwise, and if the Foundation Haarlem Vinyl continues to fail in the performance of this obligation even after that notice of default.

11.3 The Foundation Haarlem Vinyl shall in no case be liable for loss, theft or damage of a Ticket, clothing, information and/or other properties, of whatever nature, of the Customer. In the case of theft or loss of or damage to a Product, the Foundation Haarlem Vinyl is not required to replace or refund that Product. Nor is the Foundation Haarlem Vinyl liable for any delay or errors in the delivery of a Product, insofar as such delay or errors are not attributable to the Foundation Haarlem Vinyl.

11.4 The Foundation Haarlem Vinyl shall not be liable for Tickets that are purchased from third parties, for damage or loss caused by any acts or omissions by third parties, or for damage or loss resulting from failure caused by Force Majeure set forth in clause 13.

11.5 The Customer agrees to indemnify the Foundation Haarlem Vinyl for any and all third-party claims caused by any failure in the performance by the Customer himself/herself, whether such failure arises from these General Terms and Conditions for Visitors and/or an Agreement or otherwise.

11.6 To the extent that the Foundation Haarlem Vinyl should be liable to the Customer for any damage or loss suffered on any ground, notwithstanding the above, this liability shall at all times be limited to the largest amount of either the amount of the purchase price of the Product or, the amount that is actually paid under the third-party liability insurance of the Foundation Haarlem Vinyl in such case.

11.7 The Foundation Haarlem Vinyl advises the Customer to handle all packages that are sent with an order cautiously. The Customer must keep these outside the reach of children and animals to avoid the risk of suffocation and also away from fire, as the packaging can be flammable.

Article 12. Force Majeure

12.1 In addition to section 6:75 of the Dutch Civil Code (Burgerlijk Wetboek) a breach of contract shall not be attributable to the Foundation Haarlem Vinyl in case of Force Majeure. In the event of such Force Majeure, the Foundation Haarlem Vinyl will be released from its obligation to perform the Agreement as long as the relevant hindrance continues to exist. In addition to and notwithstanding its statutory meaning, Force Majeure means in any event any and all circumstances independent of the will of the Foundation Haarlem Vinyl, as a result of which the fulfillment of the obligations of the Foundation Haarlem Vinyl or the execution of necessary preparations for that purpose is wholly or partly prevented or as a result of which fulfilling the obligations or the execution of necessary preparations for that purpose cannot be reasonably expected from the Foundation Haarlem Vinyl.

12.2 Circumstances that will in no case be at the expense and risk of the Foundation Haarlem Vinyl in terms of Force Majeure are, inter alia (i) acts or omissions, with the exception of intent or gross negligence, by persons the Foundation Haarlem Vinyl engages in the execution of the Agreement, (ii) unsuitability of goods that the Foundation Haarlem Vinyl uses in the execution of the Agreement, and/or (iii) strikes, lockout, illness, import, export and/or transit prohibitions, transport problems, machinery breakdown, traffic jams, power failures, delivery problems, changes in legislation, governmental measures, non-fulfillment of obligations by suppliers (including energy companies and suppliers of computer and telephone equipment), production breakdown, extreme weather conditions, frost, natural disasters, terrorism, war and/or threat of terrorism or war, Acts of God, epidemics, pandemics and governmental measures as a result thereof (provided that Covid-19 as such and its variants shall not be deemed a Force Majeure Event anymore; however, governmental measures related thereto, such as lockdown, curfew, temporary closing and other high-impact restrictions may still qualify as a Force Majeure Event under the given circumstances).

Article 13. General

13.1 Without the prior written consent of the Foundation Haarlem Vinyl, the Customer is not permitted to record or engage others to record (parts of) the Haarlem Vinyl Festival and the Events as part thereof, in whatever form, on whatever (digital) media, including photographing, filming, or making sound and/or visual recordings thereof, and/or to reproduce, distribute and/or make available to the public such content.

13.2 The Foundation Haarlem Vinyl reserves the right to make sound and/or visual recordings and/or photographs during Haarlem Vinyl Festival and the Events which are part thereof. The Delegate and/or Customer otherwise who visits an Event:

a. irrevocably agrees to recordings and/or use of his/her name, voice, portrait, image and/or persona by audio and video display, whether broadcast and recorded live or otherwise, or any other form of distribution including photos or other current and/or future media technologies;

b. gives unconditional and irrevocably permission for the free use referred to under (a), indefinitely and worldwide;

c. will hold liable neither the Foundation Haarlem Vinyl nor the parties who make use of visual and/or audio materials and/or photos with the permission of the Foundation Haarlem Vinyl, for commercial purposes or otherwise, for the use of such visual and/or audio material and/or photos;

d. waives his/her right to object to the publication of his/her portrait, image and/or persona to the extent that it concerns images in and round the Event(s) and Venue(s) in which he/she is recognizable during his/her attendance and visit to Haarlem Vinyl Festival;

e. acknowledges that a video surveillance system is operational and agrees that video recordings can be made of him/her by or on behalf of the Foundation Haarlem Vinyl, the licensed Promoters and/or the municipality and/or local authorities of Haarlem for public order and security purposes.

14.3 To the extent permitted by law, without the prior written consent of the Foundation Haarlem Vinyl, the Delegate and Customer otherwise are not permitted to distribute, circulate and/or engage others to distribute and/or circulate his/her/their own promotional material, including samples, advertising and/or brochure material, during the Haarlem Vinyl Festival and at the Events and Venues as part thereof.

 

14.4 Any written request or communication otherwise set forth herein, may also be submitted to the Foundation Haarlem Vinyl per email, which email can be sent to info(at)haarlemvinylfestival.com


Article 14. Governing Law

14.1 The Agreement and these General Terms and Conditions for Visitors are exclusively governed by the laws of the Netherlands.

14.2 Any and all disputes arising from the Agreement and/or these General Terms and Conditions for Visitors shall be exclusively submitted to the competent court in Noord-Holland (Haarlem), the Netherlands.

14.3 In addition, disputes between the Foundation Haarlem Vinyl and a Customer (solely if and insofar such Customer is a natural person) could be submitted alternatively upon mutual agreement to the Dutch Foundation for Consumer Complaints Boards as a part of the Online Dispute Resolution (ODR) platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=NL). Such complaints can be sent to info(at)haarlemvinylfestival.com


Drawn up in Haarlem, June 2023