GENERAL CONDITIONS OF FIESTA MACUMBA WITH VISITORS
Chapter 1 General
Chapter 2 Privacy provisions and Visitor registration
Chapter 3 Events
Chapter 4 Conditions for third-party services or products
Chapter 5 Terms of purchase via the Website
Chapter 6 Final provisions
CHAPTER 1 GENERAL
|General Terms||These terms and conditions that apply to any legal relationship between a Visitor and Fiesta Macumba. They constitute a whole with all agreements for the purchase and delivery of products and services through the Website|
|Visitor||The Visitor of a Website, to an Event, or a buyer of a Product on the Website. The Visitor is always a private person who does not act in the pursuit of a profession or business. The Visitor is the "counterparty" as mentioned in article 6:231. C BW|
|Third party Services||Third party services and products offered to the Visitor via the Website via a hyperlink on the website to the website of the third parties. Each third party uses its own terms and conditions for the services and products|
|Event||Any Event, single or multi-day, indoors or outdoors, including festivals, organised by the organiser for own account and risk|
|Venuepartner||The party who, together with, for or on behalf of the Organiser, organizes its own activities for Visitors, including third party services, Events, festivals, etc. The Venuepartner has its own website and uses own terms and conditions|
|Organiser||Fiesta Macumba, a trade name of Macu Events VOF, located at Asterweg 19 D4, 1031 HL in Amsterdam, registered at the Chamber of Commerce with number: 74566016|
|Product||A product offered by an Organiser, Venuepartner or a third party to the Visitor on the Website that may consist of a digital (non-physical) product such as an e-ticket or merchandising that’s Ordered online and physically sent to the Visitor.|
|Ticket||A physical or electronic ticket for an Event|
|Website||Any website of the Organiser as it is offered and operated, on which website these general terms and conditions apply and on which – or not for payment – can be offered: news, promotions, contests, competitions, information, downloads and online streams, merchandise, CD’s, a forum or social network and on which a variety of third party services may be offered regarding the sale of tickets, sales of ticket or hotel rooms or other services or products|
Article 1-Fiesta Macumba and these terms and conditions
- These terms and conditions are used by Fiesta Macumba.
- Fiesta Macumba is a trade name and brand of Macu Events VOF, located at the Asterweg 19 D4, 1031 HL in Amsterdam. Fiesta Macumba is accessible via: firstname.lastname@example.org.
- These General Terms apply only to individual persons and expressly not to professional contract parties in their relation to Fiesta Macumba. The legal relations between the Organiser and a professional contract party, are governed by other general terms and conditions of Fiesta Macumba that can be requested via the email address above.
Article 2-Traceability and application of these general terms and conditions
- These General Terms are listed on the Website and the Visitor can download them to read them later as referred to in article 6:243, paragraph 2, Civil Code.
- The address and contact details are indicated on the website of the respective Venue partner. If this information is not found on the website, the Visitor can ask the Organiser to send information about this by e-mail.
- The Organiser also refers, where reasonably possible, to the terms and conditions on a Ticket. The Visitor can also read the terms and conditions when entering an Event, where they – or a summary – are visible at the entrance.
- When you purchase a Product or procure a third party service via another website, the Visitor has the possibility to read the terms and conditions before any online contract is executed.
Article 3-Change of conditions
These General Terms can be updated periodically. Any update is published on the Website and applies from the date of publication. If the Visitor does not wish to accept the amended terms and conditions, they must immediately discontinue the use and visit of the Website or the Organiser's products or services.
CHAPTER 2 PRIVACY PROVISIONS AND VISITOR REGISTRATION
Fiesta Macumba has its own privacy statement which is available through this link. The use of the Website also applies to the provisions of this Cookie Statement. For these terms and conditions, Fiesta Macuma expects the Visitor to read and understand both.
Article 5-Third-party services and privacy
- On the website(s) of Fiesta Macumba services or products are at times offered by other companies including Venuepartners, where the Visitor links to another company's website. See Chapter 4 of these general terms and conditions.
- The Privacy and Cookie statement of the Organiser and these general terms and conditions do not apply to websites, agreements, products or services of other companies, including Venuepartners.
- If the Visitor is asked to fill in information on such a website, that is at their own risk and the privacy statement and the general conditions of another company apply, which will be mentioned on the Website of this third party. Organiser is, except on intent or gross negligence, never liable to the Visitor for the transactions carried out by a third party with the (personal) data of the Visitor or for the services or products that the third party provides to the Visitor. Any purchase, delivery, order made by a Visitor with the third party shall be an agreement between the third party and the Visitor, irrespective of whether the Visitor enters the website of the third party via a Website of Fiesta Macumba.
CHAPTER 3 VISITING EVENTS
- The articles in this chapter apply to all Tickets and therefore constitute an integral part of all agreements for the sale and delivery of Tickets for Events.
- By the obtaining and /or using a Ticket, or by reading these general terms and conditions via the Website, the Visitor accepts the content of these General Terms. This also applies if a Ticket is obtained through a third party.
- The Visitor can only get access to an Event on presentation of a valid, undamaged Ticket. For access he/she may be asked to show a valid ID to check an age limit. If the Visitor leaves the Event or location after entering, the Ticket is automatically no longer valid.
- Persons under 18 years of age will be refused access to the Event, unless explicitly otherwise determined by the Organiser (for example, if there is another legal age limit), without the Organiser being required to refund the access fee.
- Tickets are and remain the property of the Organiser or Venuepartner. A Ticket entitles the holder to attend the Event. Only the holder of the Ticket that shows up first gets access. Organiser may assume that the bearer of a Ticket is also the rights holder. Organiser is not obliged to make any extra validity checks. The Visitor must ensure that only he/she has and holds a Ticket.
- From the moment a Ticket is made available to the Visitor, the Visitor is responsible for risk of loss, theft, damage or misuse of that Ticket. A Ticket is provided once and gives access to one person. Tickets can never be returned. The provisions of Article 6:230p Sub E Dutch Civil Code applies to Tickets.
- Organiser reserves the right to set a maximum number of Tickets to be ordered and the Visitor is obliged to respect this maximum.
- Only purchase at authorized (pre) sales addresses or at the Organiser guarantees the validity of a Ticket. The burden of proof for this lies with the Visitor. The Ticket can consist of a barcode that is provided electronically (email or app) to the Visitor. If the Visitor has chosen to receive the admission Ticket in this way, the Visitor must ensure that the tickets can be sent to him electronically and securely. Organiser cannot guarantee the confidentiality or receipt of Tickets. The scanning of a Ticket on a Visitor's mobile device is entirely at the Visitor's own risk. Organiser cannot be held liable if a Ticket cannot be scanned and Visitor is not entitled to a refund of the access fee and/or compensation in such case.
Article 8-Prohibition of sale, etc.
- The Visitor may not sell Tickets for an Event in any way whatsoever for commercial purposes.
- The Organiser can designate an authorized sales platform (e.g. an additional sales channel) for Tickets to the Event, which serves as an online ' secondary ticket ' marketplace. The sale of Tickets via a different sales channel than the Organiser has designated is expressly forbidden. The Visitor can be refused access to the Event if he owns a Ticket purchased through an unauthorized channel. The Organiser is not liable and does not acknowledge (damage) claims for the (purchase) of a Ticket (including the validity of a Ticket) for the Event via any sales channel.
- The Visitor is only allowed to advertise or create any other form of publicity for the Event in a non-commercial manner.
- The Visitor who gives his Ticket to another person is obliged to impose the Ticket obligations to the person who received the Ticket.
- If the Visitor fails to fulfil the obligations in this article or is unable to do so, the Visitor owes an immediately payable fine of € 10,000,- per offence to the Organiser and € 5.000,- for each day that the offence persists without prejudice to the Organiser's right to claim the Visitor's fulfilment and/or reimbursement of (future) damages suffered.
- If the Visitor violates one or more provisions as mentioned in these terms and conditions, the Organiser may void the Ticket or deny the Visitor the (further) access to the Event without the Visitor being entitled to any refund. Holders of voided Tickets are not entitled to a refund or compensation.
The Organiser or the Venuepartner has the right to search (frisk) Visitors to the Event and their luggage prior to access or during the Event. The Visitor who does not co-operate can be refused access to the Event or can be removed immediately, without the right to a refund.
Article 10-Prohibited articles
- It is forbidden (by the Venuepartner) to bring and use professional photography, film, drone, sound or other recording equipment of any kind (unless explicitly displayed otherwise on the Website), glassware, plastic bottles, beverages, selfie sticks, food, drugs, nitrous oxide (cartridges), cans, fireworks, animals, weapons and/or hazardous objects (e.g. aerosols or CS gas) at the Event, to use it before or during an Event, under penalty of seizure. Confiscated items will not be returned.
- In addition, the Visitor who violates this prohibition may be refused (further) access without the right to a refund of the access fee, or may be removed from the Event and/or transferred to the police. Confiscated goods will be destroyed.
- The Event venue or Venuepartner may impose other or additional policies that apply to the Event.
Article 11-Denial of access
Fiesta Macumba reserves the right to deny certain persons (further) access to the Event or to remove them from the Event or to transfer the Visitor to the police if the Organiser believes that this is necessary to maintain the public order and ensure security during the Event or when there is a serious violation of an article from these terms and conditions. This also applies when a Visitor wears a garment, texts or characters which, in the opinion of the Organiser, may be offensive, discriminatory, sexist, offensive, aggression or unrest inspiring to other Visitors, or not comply with the dress code expressly indicated by the Organiser, or for de-clothing during the Event (for example, showing a bare upper body). In case of a probable falsification of a Ticket, the Organiser may also deny the holder of this Ticket (further) access to it. The Visitor who has been denied (further) access to the Event or has been removed from the Event is not entitled to any compensation for damages that he/she suffers and is not entitled to a refund of the access fee.
- Professional or commercial registration of the Event in any form whatsoever is prohibited without the prior written consent of the Organiser. This applies to photographing, streaming, filming (including drones) and making sound or image recordings, but also copying the program (booklet), posters and other printed matter.
- If the Visitor makes personal registrations of (parts of) the Event using non-professional recording equipment (such as a smartphone), these registrations are strictly for their own use and may not in any way be used by the Visitor for commercial purposes.
Article 13-Own risk/liability
- Entering the Event location (including car parks and shuttle transport to/from the Event access point) but also attending the Event is at the Visitor’s own risk. The Organiser or Venuepartner is not liable for any damage that Visitor suffers in this regard.
- The Visitor is explicitly aware that loud music is played during the Event. The Organiser advises Visitors to wear hearing protection during the Event and occasionally go to a place where no music is heard. Organiser assumes no liability for hearing loss, loss of sight, blindness and/or other bodily injury and/or damage to goods, such as but not limited to clothing, whether or not inflicted by other attendees of the Event.
- Organiser is only liable for Visitor’s damage that result from an attributable shortcoming of the Organiser. The total liability of Organiser is always limited to the reimbursement of the reasonable, demonstrable and direct out-of-pocket damages and costs of the Visitor. This liability is always limited to the amount paid by the statutory liability insurance of Organiser.
- Liability of Organiser for indirect damages, including consequential damages, intangible damages, lost profits, lost savings and/or damage due to business stagnation, is excluded.
- The Visitor is obliged to report any damage incurred within 5 days after the Event to Organiser via email@example.com in failing which a claim for damages will be denied.
- If the Organiser engages subordinates, non-subordinates, auxiliary persons, third parties and/or other persons in the performance of the Event, any liability of the Organiser under article 6:76 BW, article 6:170 BW, article 6:171 BW and article 6:172 Dutch Civil Code is excluded and Organiser is not liable for damages caused by these persons.
- The Visitor shall indemnify the Organiser for all claims of third parties for damages for which the Visitor is liable to those third parties under the law. The Visitor will compensate Fiesta Macumba for any damages, including the legal costs incurred by Fiesta Macumba, which are the result of any claim from those third parties.
The Organiser or the Venuepartner strives to perform the Event schedule in accordance with the announced schedule. Organiser is not liable for any deviations and costs or damages that may arise for Visitors and/or third parties. The Organiser is not liable for the content and the manner in which the programme of the Event is performed, including the duration of the programme/performance by artists. The start time on the Ticket is subject to change. Security cameras can be active at the Event location.
Article 15-Detailed rules
- The Visitor to the Event is obliged to abide by the regulations, house rules and instructions from the Organiser or Venuepartner, the shuttle traffic provider, the parking space operator, Event location operators, order staff, Emergency services and other authorised persons.
- In case of a violation, the Event security staff can immediately remove the Visitor. For each Event, specific rules may apply for the venue, which rules are made known at the location. If possible, such rules are also published in advance on the website of the Venuepartner.
Article 16-Force majeure
In the event of force majeure within the meaning of article 6:75 Dutch Civil Code, including sickness or cancellation of the artist (and), strikes, terrorist threat, decision to cancellation by the competent authority, fire, adverse weather conditions, the Organiser shall have the right to move to another date or another location or cancel the Event.
Article 17-Cancellation or shift
- The Organiser is not liable for any damage caused by cancellation or shift as stated in the previous article. In case of a shift or cancellation of the Event, the Organiser will disclose this as soon as possible, for example by mentioning the applicable time limits for refunds on the Website. Only in case of full cancellation will the Organiser repay the entrance fee as stated on the Ticket to the Visitor at his request (including reasonable service charges but not any travel and accommodation costs made). This is true if the Ticket was purchased by the Visitor at the authorized (pre) sales addresses, and not if the Ticket was purchased from another sales platform, for example an online ' secondary Ticket ' marketplace.
- Partial Refunds will only be made within a reasonable period of time after the date of the cancelled Event, on presentation of a valid, undamaged Ticket which also shows that it was purchased by the Visitor, on and to the Organiser's (then However, the party that has dealt with payment for the Ticket) shall indicate and disclose the means by which it is known to make its own channels.
- If the Event is to be cancelled due to force majeure after it has started, the Organiser shall only be obliged to refund a portion of the fee stated on the Ticket, or failing that, the remuneration that the Visitor has paid through the official (pre) sales address. Damages will never be reimbursed. Nor can the Visitor claim entry to another Event.
- If the Organiser shifts the Event to another date due to force majeure, the Ticket will remain valid for the new Event date. Should the Visitor not be able to visit the Event on the new date, he/she is entitled to submit the Ticket at a (pre) sales address for a refund of the fee stated on the Ticket, or failing that, the fee paid the official (pre) sales address. This refund is only made if the Visitor submits a valid and undamaged Ticket to the (pre) sales address in a timely manner.
Article 18 Picture and sound recordings
- The artists, the Organiser or Venuepartner are entitled to make image and/or sound recordings of the Event and the Visitors thereof and to reproduce and/or disclose these recordings in any form and manner whatsoever. By obtaining a Ticket for the Event and/or by attending the Event, the Visitor unconditionally grants permission to make recordings and the processing, disclosure and exploitation thereof in the broadest sense of the word without the Organiser or the Venuepartner being required to compensate the Visitor.
- The Visitor hereby irrevocably waives any interest that he/she might have in the aforementioned recordings. To the extent that the Visitor has any intellectual property rights to the recordings, he/she shall transfer these rights without limitation to the Organiser or Venuepartner and hereby irrevocably waives his/her IP rights or will not invoke to them. If this transfer is not legally valid in advance, the Visitor is obliged to provide the necessary written consent at first request of the Organiser and/or to sign a transfer certificate in which the aforementioned rights are transferred to the Organiser and/or to a company affiliated to it.
Article 19-Non-smoking Event
- Indoor (electric) smoking is only permitted in designated smoking areas. The Organiser makes reasonable efforts to remind Visitors of this non-smoking character, but cannot guarantee that the Event is completely non-smoking. The non-smoking nature of the Event never entitles the Visitor to a refund of the entrance fee or any other compensation.
- If a smoking ban is violated, the Visitor can be immediately removal by security staff and any penalties imposed to the Organiser for such smoking violation will be recovered from the Visitor.
Article 20 - Tokens
Tokens purchased during an Event are only valid during the relevant Event. The Organiser will never refund any unused Tokens after the Event. The Event venue can use different token methods, such as a cashless system. In that case, the terms and conditions of the Event venue apply for payment options during and after the Event. These may differ from those set out in this article.
Article 21-Electronic means of payment
The organiser can provide the Visitor (in advance or during the Event) with an electronic means of payment. With this electronic means of payment, the Visitor can upload virtual tokens/credit ("Upgrade"). If the electronic means of payment is made available to the Visitor during the Event, the Visitor will be able to Upgrade by paying with cash and/or via a debit or credit card at a checkout point at the Event. Another possibility of Upgrading during the Event can be via a mobile application offered by the Organiser. If the Visitor receives the electronic means of payment before the Event, the Visitor can also upgrade via the website of the Event or through a third party. During the Event, no refund of the value will take place to the Visitor (a "Refund") of any remaining virtual tokens/credit ("leftover credit"). The remaining credit can only be refunded once to the Visitor at the end of the Event on the account number known to the Organiser and/or if the Organiser offers these possibilities; On an account of the Visitor to the Organiser, on an account of the Visitor to a third party or through the webshop of the Organiser. The Visitor must request a Refund from the Organiser within two weeks after the Event of the remaining balance. After that, the Visitor loses the right to a Refund of the remaining balance. All necessary information about (requesting) a Refund can be found on the website of the Event or at the venue of the Event. The execution of a Refund entails costs and the Organiser reserves the right to charge these costs to the Visitor. Such costs are published on the website of the Event. The electronic means of payment must remain in the possession of the Visitor at the end of the Event because it determines the remaining balance. If the electronic means of payment is lost or stolen, a Refund of the remaining credit is not possible. The Organiser is not liable for the loss and/or theft of the electronic means of payment.
Article 22 - Lockers
The organiser can provide Visitors a safety deposit box at the Event, for which the Visitor receives a private key and/or code. This key/code allows the Visitor to open and close the safety deposit box. The use of a safe may be subject to general terms and conditions (of a third party). The Organiser is not liable for any loss or theft and/or use by any other of the private key/code. Therefore, the Visitor must always keep the key/code with them and for themselves and the Visitor is advised to be careful when storing valuables in the safe.
CHAPTER 4 TERMS AND CONDITIONS FOR THIRD PARTY SERVICES
Article 23-Third party terms and agreements
- The Website sometimes redirects the Visitor to websites of third parties for specific services or products.
- If the Visitor proceeds to purchase a Product or service from this third party, the general terms and conditions of that party will apply, and a purchase agreement shall be concluded by the Visitor with this party. This third party is then liable for the fulfilment of any obligation to the Visitor.
- Although the Organiser selects all third parties concerned with care, the Organiser is not a party to an agreement between the Visitor and this third party. The Visitor indemnifies the organiser of any claim for costs or damages that would result from an agreement with this third party. The applicable terms and conditions of the third party are generally available on the third party's website.
Article 24-Payment of Tickets or merchandise
If a Visitor buys a Ticket and/or merchandise for an Event from the Organiser or Venuepartner, the payment and shipping is usually handled by a third party, the payment service provider. This payment service provider usually uses its own terms and conditions for the Visitor as purchaser of the Ticket and/or merchandise. For a Ticket the general (payment) conditions of the payment service provider as well as these general terms and conditions apply. The Organiser who manages the Website is in no way liable for errors, malfunctions or defects in or in the payment by the payment service provider to the website and/or the website of the third party. The Visitor is bound by a standard agreement to the terms and conditions of the payment service provider, for which content the Organiser is not responsible.
Article 25-Travel, transportation and airline tickets
- Via the Website, the Visitor can be offered travel tickets for both indoor and foreign Events booked and provided by a third party. When purchasing such a trip, the Visitor enters into a contract of carriage with this third party. Although the Organiser chooses such providers with care, Fiesta Macumba is not a party to a contract of carriage between the Visitor and this third party.
- The Visitor indemnifies the Organiser for any claim for costs or damages that may arise from a contract of carriage with this third party. The applicable terms and conditions for the contract of carriage can be obtained via the third party website.
Article 26-Offer exhibitors at an Event
The Visitor of an Event can be offered products or services on site by exhibitors, for such things as drinks or food, merchandising or other products such as tickets for attractions. Although the Organiser chooses these exhibitors with care, Macumba Fiesta is not a party to an agreement between the Visitor and these exhibitors. The Organiser shall never be liable for any damages whatsoever arising from the purchase or loss of a product or service by the Visitor, including an attraction of a stand holder. The Visitor indemnifies the Organiser for any claim for costs or damages that may arise from an agreement between the Visitor and a exhibitor.
CHAPTER 5 Term of purchase on Website
- The articles in this chapter apply to any offer, acceptance and purchase agreement for a Product on the Website. However, this chapter expressly does not apply to purchases of Tickets, parking, camping tickets or tokens.
- This chapter covers online contracts as referred to in article 6:227a and/or 7:46a Dutch Civil Code (consumer sales). These general terms and conditions correspond to requirements that regulate online sales contracts.
- Each Product is offered as long as stocks last.
- All data that the Fiesta Macumba must provide to the Visitor as a seller according to Dutch consumer sale laws are included in these terms and conditions or on the relevant Website. On the Website where the Visitor buys a Product, the following information is available:
- Identity of the Organiser – and whether the Visitor pays the price in whole or in part;
- Key features of the Product;
- Price including taxes;
- Any cost of delivery;
- Method of payment and execution of the sales contract;
- Any means of dissolution of the contract for physical products;
It also applies:
- The Organiser does not charge any communication fees to the Visitor;
- There is no specific deadline for acceptance of the offer by the Visitor in addition to the rule that the offer is limited, as long as the stock lasts or the Product is available;
- It is not an agreement that extends to continuous or periodic delivery.
After the purchase agreement is concluded online between the Organiser and the Visitor, the Visitor will receive an e-mail containing a) to f) above and where it is stated that for physical products the purchase agreement entered by the Visitor can be dissolved within fourteen days of receipt of the Product.
If requested, the Visitor will register before an online purchase agreement with the Organiser can be established for a Product offered on the Website.
Article 29-Prices and costs
On the Website, each Product clearly indicates what price the Visitor has to pay. All prices include VAT and delivery costs are excluded. There are no other costs for Visitors. All prices remain valid until new prices are published on the Website. For a Product that has already been purchased, but for whatever reason has not yet been delivered, no interim price change is possible. VAT changes are automatically processed in the price from the legal effective date.
Article 30-Execution of an online purchase agreement
- A purchase agreement for a Product between the Visitor and the Organiser will only be executed after the Visitor has accepted the offer on the Website, has properly approved the purchase procedures on the Website and the payment has been made to the party that handles the payment. The Organiser will send the Visitor who has purchased a Product a confirmation by e-mail that the purchase agreement has been concluded.
- The Organiser may refuse orders from the Visitor if Fiesta Macumba has any doubts as to whether the Visitor can fulfil his financial obligations or there are other doubts that are important for the conclusion and fulfilment of the purchase agreement with the Visitor.
- Fiesta Macumba implements technical and organisational measures to safeguard the electronic transfer of personal and payment information, but cannot guarantee that this 100% is safe in all cases.
- The organiser will provide the Visitor with the Product according to the description, quality and quantity as stated on the Website and in the list of the ' shopping cart ' on the webshop. Products are supplied in accordance with the common tolerances for size, colour and quantity, unless expressly agreed otherwise. A photograph used on the Website gives the best possible impression of the available Product.
- The Visitor is required to check the purchased Product immediately after delivery to see if it meets the Visitor’s purchase. If this is not the case, the Visitor must notify Fiesta Macumba by e-mail within fourteen days of receipt. Only if the Visitor reports on time by e-mail that the product does not correspond to what the Visitor bought, the Organiser will refund the purchase price or deliver another Product in the same type at its own discretion.
- Payment is made by the payment service provider or via a direct debit approval order from the Visitor.
- The Venuepartner who manages the website is in no way liable for errors, malfunctions or defects in a payment by a paying service provider via the website. The Visitor is bound by a standard agreement to the payment service provider via the general terms and conditions of this party, which the Visitor may request from that party and for which the Organiser is not responsible.
- After the Visitor has given his payment order and the payment has been handled by the payment service provider, Organiser will ship the Product.
Article 33-Delivery of Products
- Once the Product has been paid in full, the Organiser will ship and deliver the Product. The Organiser will package and secure the product so that it is properly delivered via regular transport.
- A purchased Product is normally delivered within 14 days. Due to supply chain dependency, orders are sometimes delivered later.
- If a certain Product is no longer in stock, the Visitor will be informed by e-mail. Should the delivery take longer than 30 days, the Visitor has the right to cancel the purchase immediately and will be refunded the purchase amount.
- If the delivery of a particular Product is temporarily not possible, for example due to a technical malfunction, and the Visitor has already paid, Fiesta Macumba will deliver as soon as possible, or refund the purchase amount after seven days at the written request of the Visitor via the Helpdesk. The Organiser is not liable for any damage or delay resulting to the Visitor.
- Products are often subject to the manufacturer's warranty provisions. The Visitor can contact the Organiser for questions about this warranty.
Article 34-Product returns
- The Visitor can return products within fourteen working days after receipt. Returns are sent to the Organiser or Venuepartner, quoting the order number, to the Organiser's address. A Visitor is required to pays any return costs.
- After the Organiser has received returned item, the Visitor will be refunded the amount to the account provided.
CHAPTER 6 FINAL PROVISIONS
Article 35-Further rules of use
- The Visitors to the Website or the Event are always obliged to abide by the regulations and any instructions and Organiser rules as published the Event venue or on the Website.
- Insofar as the Visitor to the Website and/or the Event has not (fully or in time) abided by the rules of use, the Organiser may suspend its obligations or terminate the Agreement without being liable for any damages or fulfilment.
Article 36-Information on the Website
Fiesta Macumba puts care and attention to the information on the Website but cannot guarantee the completeness and content of the information. The Organiser is not liable for the content and the consequences of its use. Insofar as there are links on the Website to services, products, materials or a website of a third party, the Organiser is not responsible or liable for the operation of that link, the access to and the content of such a website.
Article 37-Force majeure
In the Event of force majeure, the Organiser shall have the right to suspend the execution of an agreement or to terminate it without being required to pay of any compensation. Force majeure is described in article 22.
- The Organiser is not liable to the Visitor or to any third party for errors, defective information or data on a Website except for intentional or deliberate recklessness. The Organiser and its affiliates or third parties involved in the performance of any service or agreement shall not be liable for damages, costs, loss of profits, losses, consequential damages, for the (in) direct use or the operation of the Website.
- The Organiser expressly does not warrant to the Visitor that the Website, its components or functions are always functioning or operate flawlessly. Because of the internet connection and therefore the connection with many unknown third-party internet users and possible attacks by hackers or others, the Organiser cannot guarantee that the Website or systems used are always free of malware or other Faults or defects. The Visitor must take the necessary measures to protect their own devices against malware (e.g. virus, key logger, Trojan).
- The Organiser is not liable if the Visitor follows any link or hyperlink to a third-party website or enters into an agreement with this third party. The Organiser is also never liable for messages from others on any forum or through a social medium that in any way brings material or intangible damage to the Visitor.
- Organiser is not liable for theft and/or loss of property of Visitor on the Event and/or camping site.
Article 39-Intellectual property rights
- Anything that is published on the Website or what belongs to it (including music files, artist and label names, online streams, downloads, software, designs, drawings, logos and brands) belongs to the intellectual property of the Organiser or licensor thereof under law or an agreement.
- The Visitor recognises these intellectual property rights, will abide by them and adhere to all restrictions imposed on the use of protected works by law.
- For each use, the rules of the copyright law and other laws of intellectual property are always valid and are subject to these rules of use:
- The Visitor may only make private use of a Product after the Visitor has paid for it in the normal manner indicated on the Website. Any action by the Visitor to circumvent, alter or otherwise avoid the payment method is prohibited. The Visitor is prohibited from otherwise reproducing, modifying, uploading, publicly playing, exhibiting, making available to third parties, executing, (re)selling, performing a download or any other material on the Website. Abuses etc., because all these acts are reserved to rights holders. The Visitor is prohibited from modifying, circumventing, encrypting or disrupting software, files or payment processes.
- The Visitor may use a Product that has been validly purchased normally, in accordance with the rules on the Website. It is allowed to make a private copy, burn a CD, make a copy on another device of (music) files that are downloaded and purchased according to the rules, provided that this is for own, non-commercial use. A copy should never be given to a third party.
- The protected parts of the Website are part of security as applied to software.
- The delivery of any file purchased by the Visitor does not include any transfer or license of a right to the Visitor for promotion or exploitation in respect of that file.
- If a Visitor is found to be in violation of the statutory rules, the Organiser reserves the right to notify the rights holder, who can take legal action against the Visitor.
If a provision in these Terms and conditions is found to be legally invalid, this will not affect the other provisions. The relevant provision will then lapse and, instead, it shall include a provision which, by substance and nature, comes as close as possible to the provision to be replaced and is legally permissible.
Article 41-Applicable law and competent court
Dutch law applies to these general terms and conditions. The Court of Amsterdam has jurisdiction to take note of disputes over these terms, an agreement or the implementation thereof.
Article 42-Alternative dispute resolution in online purchases
If a Visitor and the Organiser have a dispute about an online purchases and the parties cannot resolve the dispute among themselves, the Visitor has the possibility to file a complaint about Fiesta Macumba via the following link: http://ec.europa.eu/consumers/odr/