Admission tickets general terms and conditions

1 Applicability

1.1
The André Rieu Productions B.V. Admission Tickets General Terms and Conditions apply to all offers and agreements between André Rieu Productions B.V. (hereinafter referred to as: "ARP") and the party ordering/buying an admission ticket to an event organised by ARP (hereinafter referred to as: the "Customer"). These General Terms and Conditions also apply to all agreements concluded via an official sales or advance sales organisation engaged by ARP for the event in question (hereinafter referred to as: "(advance) sales outlet").

1.2
Within these General Terms and Conditions, an "event" is taken to mean a (musical) performance and/or other show in the broadest sense of the word.

1.3
Within these General Terms and Conditions, the "event location" is taken to mean the actual place the event will take place at, as well as all adjacent grounds, spaces, fields, etc. forming part of the same terrain complex hosting the event.

1.4
The applicability of any Customer general terms and conditions is expressly dismissed

2 Formation of the agreement/admission tickets

2.1
An agreement concerning attending an event is concluded between ARP and the Customer the moment the Customer orders/buys an admission ticket to the event from ARP or an (advance) sales outlet engaged by ARP.

2.2
An admission ticket may take the form of a document issued by or in the name of ARP or a bar code issued by or in the name of ARP. This bar code is a unique code.

2.3
The admission ticket will be issued only once and allows only one person admission to the event.

2.4
The admission tickets are and remain the property of ARP. The admission ticket bestows upon its bearer the right to attend the event. Only the bearer of the admission ticket [scanned first upon the start of the event/first presenting the admission ticket upon the start of the event] will be allowed admission to the event. ARP may assume the bearer of the admission ticket to be the party entitled to bear the ticket (i.e., to be the Customer). ARP cannot be bound to examine valid admission tickets more closely. The Customer is personally responsible for ensuring that they become and remain the bearer of the admission ticket provided by ARP or an (advance) sales outlet engaged by ARP.

2.5
The Customer therefore bears the risk of theft of, damage to or misuse of the admission ticket from the moment it is issued to them. 

2.6
Only buying from accredited (advance) sales outlets or directly from ARP will guarantee the validity of the admission ticket. The related burden of proof lies with the Customer.

2.7
The admission ticket formed of a bar code will be issued to the Customer by way of electronic communication (e-mail). If the Customer has opted to receive the admission ticket in this fashion, the Customer is to ensure that the admission ticket can be issued electronically and safely. ARP does not guarantee the confidentiality of the admission ticket issued nor receipt of the admission ticket. 

2.8
The admission ticket may not be offered for exchange or refund. 

3 Ban on resale etc.

3.1
The Customer is obliged to keep the admission ticket to an event for themselves and is therefore banned from reselling it to third parties, or making it available for commercial purposes, in any way. 

3.2
The Customer has an obligation towards ARP to in no way advertise or otherwise give publicity to the event or any part thereof.

3.3
Customers making their admission ticket available to third parties for free and for commercial purposes are obliged to in turn impose all obligations imposed on them as Customer, as laid down in the previous paragraphs, to those third parties the admission ticket is made available to, and will guarantee to ARP that this person/these persons will fulfil their obligations.

3.4
Failure to comply with the obligations of the previous paragraphs of this article and/or failure to guarantee such compliance, results in a fine immediately due and payable to ARP of € 10,000 per instance of infringement and of € 5,000 for each day the infringement lasted or lasts, notwithstanding the right of ARP to claim compliance and/or compensation for damages incurred or to be incurred.

4 Customer obligations

4.1
The Customer is obliged to consent to a body search when attending the event, if such is requested.

4.2
The Customer is to have a valid and undamaged admission ticket in their possession, both prior to the start of and during the event and for as long as they are on the event location. The Customer is obliged to show their admission ticket when requested to do so by the proprietor of the event location, security staff and all other authorised personnel.

4.3
The Customer is obliged to, at first request, provide their identity, both during their attendance of the event and when ordering the admission ticket, so as to, inter alia, allow ARP to fulfil its legal obligations within the framework of organising and holding events, including the obligation not to provide alcoholic beverages to persons to whom such provision is banned by law.

4.4
The Customer is banned from taking photo, film and other recording equipment to the event location, subject to confiscation of such equipment for the duration of the event.

4.5
The Customer is banned from taking glass, plastic bottles, cans, fireworks, arms and firearms and/or hazardous objects and/or alcoholic beverages to the event location, subject to confiscation of such goods. 

4.6
Recording of the event, in whichever way, including but not limited to taking photographs, filming and making any other sort of sound and/or image recordings is prohibited, as are reprinting and/or copying the programme (booklet), posters and all other printed materials. All such recordings will be confiscated and summarily destroyed.

4.7
If the Customer, after entering the event location, leaves this location, their admission ticket will lose its validity.

4.8
The Customer is obliged to keep to all rules and/or instructions by ARP, the proprietors of the event location, security staff, the fire service and all other authorised personnel.

5 ARP's rights

5.1
Should the Customer violate one or more of the provisions of Articles 3 and 4 of these General Terms and Conditions, ARP will have the right to deny the Customer all (further) admission to the event, without the Customer being entitled to restitution of the amount paid to ARP, by way of an (advance) sales outlet or otherwise, to purchase the admission ticket (including administrative costs).

5.2
ARP retains the right to deny the Customer all (further) admission to the event or to have them removed from the event location if ARP within reason believes this to be necessary to maintain peace and order during the event.

5.3
Should ARP consider it likely that the admission ticket has been forged, it is entitled to deny the bearer of this ticket all (further) admission to the event, without such providing the Customer or, as the case may be, the bearer of the ticket with cause to claim damages for any damage they suffer therefrom.

5.4
ARP retains the right to cancel a ticket order in case of, inter alia: (i) suspicion of resale by the Customer or affiliation of the Customer to a reseller; (ii) suspicion of the Customer having provided third parties with pre-sale codes; (iii) suspicion of the Customer ordering more than the maximum allowed number of tickets.

5.5
ARP is entitled to make image and/or sound recordings of the event. By attending the event, the Customer irrevocably and unconditionally agrees to possibly being recorded. To the extent the Customer could invoke any intellectual property rights, including copyrights and/or neighbouring rights, with respect to those recordings, the Customer hereby fully, irrevocably and unconditionally transfers all current and future worldwide, unlimited rights, including intellectual property rights, to ARP. Persons appearing in the recording may not claim any compensation or fee.

6 Force Majeure

6.1
In case of force majeure, in the broadest sense of the word, including, in this connection, illness and/or cancellation by artists, strikes, fire, bad weather conditions, etc., ARP is entitled to, at its own discretion, move the event to another date or place, or to cancel the event. The Customer is responsible for verifying whether the event has been cancelled or moved and to make themselves aware of the new time and/or location of the event. While ARP will endeavour to inform the Customer as soon as possible by digital communication, media and social media, ARP cannot guarantee the Customer will be informed of the cancellation of the event prior to the date the event was to be held. The Customer is responsible for providing correct contact details when ordering their tickets. ARP is not liable for any costs incurred by the Customer.

6.2
If the event is cancelled by ARP due to or in connection with a situation of force majeure, ARP will only be obliged to refund the amount paid by the Customer to purchase the admission ticket from ARP, by way of (advance) sales outlet or otherwise. The Customer may only claim a refund at an (advance) sales outlet by presenting a valid and undamaged admission ticket to the (cancelled) event at this (advance) sales outlet within twelve weeks of the date of the planned but cancelled event. No service or administration costs will be refunded. Nor is the Customer entitled to claim admission to another event. No refund will be provided for the so-called 0-euro tickets ("free tickets").

6.3
If ARP, due to or in connection with a situation of force majeure, alters the date the event will be held on, the admission ticket will remain valid for the new date of the event. Should the Customer be unable or unwilling to attend the event on the new date, they are entitled to hand in their admission ticket at an (advance) sales outlet against a refund of the amount paid to ARP, by way of (advance) sales outlet or otherwise, to purchase the ticket. The Customer can only obtain a refund by timely presenting a valid and undamaged admission ticket to the (advance) sales outlet. If the event was moved to take place at a later date than was originally planned, the Customer may not claim a refund of the aforementioned amount if they did not hand in the relevant admission ticket at the (advance) sales outlet within four weeks after the altered (new) date of the event. If the event was moved to take place at an earlier date than the date stated on the admission ticket, the Customer may not claim a refund if they did not hand in their admission ticket at the (advance) sales outlet within four weeks after the original (old) date of the event, as stated on the admission ticket. No service or administration costs will ever be refunded. No refund will be provided for the so-called 0-euro tickets ("free tickets"). Nor is the Customer entitled to claim admission to another event.

6.4
If the event will be moved to a different location by ARP, due to or in connection with a situation of force majeure, but will still be held at the same date, the admission ticket will remain valid for the alternative event location. No refund will take place. ARP has a duty to inform attendants in time of the change of location, both at the original event location and via regional media and, to the extent known, text message and e-mail. 

7 ARP's liability

7.1
ARP is liable for all direct damage suffered by Customers as a direct and exclusive consequence of a failure or breach attributable to ARP. However, ARP will only compensate the damage it is insured against and is covered by its insurer. 
Not subject to compensation are: 

1) Consequential damage; 
2) Immaterial damage; 
3) Damage caused by deliberate intent or wilful recklessness of ARP auxiliary agents. 

7.2
The Customer enters the event location and attends the event at their own risk. ARP is in no way liable for any damage caused by the said entry or attendance, including vision impairments, hearing damage or other bodily impairments.

7.3
ARP will endeavour to have the programme performed in accordance with the announced schedule to the extent possible. However, it is not liable for any derogations therefrom and for any damage such derogation may cause to the Customer and/or third parties.

7.4
In addition, ARP is not liable for the content and performance of the event programme, expressly including the programme's length.

7.5
Nor is ARP liable for any damage suffered by the Customer due to the loss of or damage done to the admission ticket. 

7.6
ARP in no way is liable for any tickets obtained by the Customer from third parties not being the official (advance) sales outlets as listed by ARP on its website. Nor is ARP able to vouch for the authenticity of such tickets.

8 Concluding provisions

8.1
Dutch law applies to these General Terms and Conditions and any agreement concluded between the Customer and ARP.

8.2
Any disputes arising from the agreement concluded between ARP and the Customer, or from any agreement based thereon, will be exclusively resolved by the competent court in Maastricht. ARP will at all times be entitled to designate another legally competent court.

8.3
In the case of any dispute between ARP and the Customer with respect to the translation and/or explanation of these General Terms and Conditions, the reading of the Dutch original will prevail.

Maastricht, January 2015
André Rieu Productions BV