GENERAL CONDITIONS Corner33 B.V. FOR Corner33
Article 1 Definitions
Corner33 B.V.: (Chamber of Commerce number: 860620700), having its registered office in Dalen and its place of business at Kymmelskampen 8 (7751 GN).
Visitor: the natural person who has purchased and/or holds an admission ticket for an event organized by Corner33 B.V. called “Corner33”, and is thus entitled to access “Corner33”.
Agreement: the agreement concluded between Corner33 B.V. and the Visitor; Event: “Corner33”; Entrance Ticket: a document and/or barcode provided by Corner33 B.V., giving access to – and the right to attend – the Event;
Location: the place where the Event is held;
Audience: all spectators, listeners and/or third parties present at the Event.
Article 2 Applicability
2.1 These General Terms and Conditions apply to the Agreement as soon as it is concluded by means of – and/or the Visitor purchases an Admission Ticket for the Event in the manner facilitated by Corner33 B.V. on the website www.corner33.nl.
2.2 The Visitor’s applicability of general terms and conditions is expressly rejected.
2.3 Deviations from these General Terms and Conditions shall only be binding if and insofar as Corner33 B.V. has expressly agreed thereto in writing. A deviation expressly accepted by Corner33 B.V. shall relate only to the Contract for which Corner33 B.V. has accepted the deviation.
Article 3 Realization of the Agreement
3.1 The Agreement is concluded when the Visitor purchases and/or orders an Admission Ticket for the Event and/or when the Visitor has obtained an Admission Ticket in some other way.
Article 4 Ticket
4.1 The Admission Ticket is and remains the property of Corner33 B.V. at all times.
4.2 The Admission Ticket shall be issued once and gives access to the Event to one person.
4.3 The Admission Ticket is strictly personal and gives access only to the person showing the Admission Ticket for the first time at the start and/or entrance to the Event.
4.4 The Admission Ticket grants admission to the Event to a Visitor under the age of 18 (in words: eighteen) if the Visitor under the age of 18 is accompanied by at least 1 (in words: one) adult.
4.5 From the moment that the Admission Ticket is issued to a Visitor, the risk of loss, theft, damage and abuse will rest with the Visitor.
4.6 Corner33 B.V. only guarantees the validity of an Admission Ticket if it has been purchased and/or ordered using the method of purchase of the Admission Ticket facilitated by Corner33 B.V. on the website www.corner33.nl. The burden of proof in this respect lies with the Visitor.
4.7 Corner33 B.V. reserves the right to set a maximum number of Entrance Tickets – whether or not per person – to be reserved.
4.8 A group reservation (>6 persons) cannot be cancelled after the reservation has been signed.
4.9 Commencement times, as mentioned on the Admission Ticket, are subject to change.
Article 5 Prohibition of (re)sale
5.1 A Visitor is not permitted to sell or resell the Admission Ticket to a third party other than with the written permission of Corner33 B.V. and/or to offer or sell or resell an Admission Ticket for a commercial purpose to third parties.
5.2 If Corner33 B.V. has good reason to believe that the Visitor is not the original purchaser of the Admission Ticket and/or the Admission Ticket has been sold or resold and/or the Admission Ticket has been forged, Corner33 B.V. reserves the right to deny the Visitor concerned access to the Event without being obliged to refund the Entrance Price to the Visitor.
Article 6 Obligations of the Visitor
6.1 Visitors are obliged to comply with all safety rules that apply at the Site and also to follow all instructions of the personnel present, the security, the fire brigade, the police and other authorized persons.
6.2 Visitors are obliged to cooperate with searches at the entrance as well as during the Event.
6.3 A Visitor must be in possession of a valid and undamaged Admission Ticket, which the Visitor must show at the entrance and/or during the Event at the first request of Corner33 B.V. and/or personnel on location.
6.4 A Visitor must show a valid identity document at the entrance and/or during the Event at the first request of Corner33 B.V. and/or personnel on location.
6.5 Visitors are not permitted to take professional recording equipment with them to the Event and/or to the location. If the Visitor takes professional recording equipment with him/her to the Event and/or the Location, Corner33 B.V. has the right to confiscate this equipment for the duration of the Event and to delete recordings already made.
6.6 The Visitor is not permitted to bring (domestic) animals, glassware, plastic, tin cans, fireworks, food, drink, alcohol, drugs, weapons, umbrellas, banners, flags, other dangerous objects and/or objects that cause noise nuisance to the Event and/or the Location.
6.7 The Visitor is not permitted to harass and/or obstruct other visitors and personnel present during the Event. The Visitor is also not permitted to be in a state of public drunkenness during the Event and/or at the Location or to display any other form of annoying behavior.
Article 7 Rights of Corner33 B.V.
7.1 Corner33 B.V. reserves the right, before and during the Event, to deny the Visitor access to the Event and/or to remove the Visitor from the Event, if Corner33 B.V. deems this reasonably necessary for the maintenance of safety and public order.
7.2 If the Visitor fails to comply with any obligation under the Contract, Corner33 B.V. has the right – without prejudice to the aforementioned remedies for Corner33 B.V. – to declare the Admission Ticket invalid and/or to deny the Visitor access to the Event and/or to remove the Visitor from the Event without being obliged to refund the Entrance Price to the Visitor.
7.3 Corner33 B.V. has the right to register the Event in the broadest sense of the word, including but not limited to taking photographs and making visual and audio recordings of the Public and Visitor(s).
7.4 If the Visitor appears in these recording(s) and/or the Visitor’s portrait is recorded herein, the Visitor hereby gives explicit permission for the exploitation and/or publication thereof without being able to claim any compensation.
Article 8 Liability and indemnity
8.1 Attending the Event and/or entering the Location is expressly at the Visitor’s own risk, on the understanding that Corner33 B.V. is not liable for hearing damage, visual damage/blindness, other bodily injury and/or damage to goods, such as but not limited to clothing, if not inflicted by the Public.
8.2 Corner33 B.V. is only liable for loss or damage suffered by a Visitor that is the direct consequence of a shortcoming in the performance of the Contract attributable to Corner33 B.V..
8.3 The total liability of Corner33 B.V. on account of an attributable failure in the performance of the Contract is limited to compensation for direct loss, on the understanding that this liability is at all times limited to the amount that will be paid out under Corner33 B.V.’s statutory liability insurance.
8.4 Liability of Corner33 B.V. for indirect loss or damage, including consequential loss, loss of profit and the like is expressly excluded.
8.5 Any right to compensation shall always be subject to the condition that the loss or damage is reported to Corner33 B.V. in writing within 48 hours of its occurrence.
8.6 If Corner33 B.V. directly or indirectly engages subordinates of Corner33 B.V., non-subordinates, assistants and/or other persons in the performance of the Contract, any liability of Corner33 B.V. pursuant to Article 6:76 of the Dutch Civil Code, Article 6:170 of the Dutch Civil Code, Article 6:171 of the Dutch Civil Code and Article 6:172 of the Dutch Civil Code shall be excluded and Corner33 B.V. shall not be liable for any loss or damage caused by such persons, unless there is intent or gross negligence on the part of Corner33 B.V.’s managers.
8.7 Corner33 B.V. shall endeavour to ensure that the Event shall be performed as much as possible in accordance with the announced time schedule and at the Location. Corner33 B.V. shall not be liable for any deviations therein and for any loss or damage suffered by the Visitor as a result thereof.
8.8 If the Visitor purchases the Admission Ticket from a third party – not being Corner33 B.V. – and this third party does not deliver the tickets to the Visitor for whatever reason, Corner33 B.V. shall not be liable in any way whatsoever, either for a refund of tickets already paid for by the Visitor or for the provision of a replacement Admission Ticket.
8.9 The Visitor shall indemnify Corner33 B.V. against all claims by third parties in respect of damage for which the Visitor is liable to those third parties by virtue of the law. The Visitor shall compensate Corner33 B.V. for any loss or damage, including all legal costs incurred by Corner33 B.V., which may be the result of any claim by those third parties.
Article 9 Force majeure
9.1 In the event of force majeure, Corner33 B.V. shall be entitled to cancel the Event.
9.2 Force majeure is understood to mean: any circumstance beyond the control of Corner33 B.V. as a result of which the fulfilment of obligations of Corner33 B.V. vis-à-vis the Visitor is wholly or partially prevented or as a result of which the fulfilment of obligations cannot reasonably be required of Corner33 B.V., such as, but not limited to: non-attributable failure on the part of Corner33 B.V. or of persons used by Corner33 B.V. in the performance of the Agreement, such as auxiliary persons and contractors of Corner33 B.V., strikes, work lockouts, transport problems, traffic disruptions, energy breakdowns, amended regulations, government measures, terrorism (or threat thereof), non-compliance with obligations by suppliers of Corner33 B.V., extreme weather conditions, natural disasters and/or other causes as a result of which the Event cannot take place in a responsible manner.
9.3 Under no circumstances is the Visitor entitled to a refund of the purchase price of the Admission Ticket.
Article 10 Penalty clause
10.1 In the event of violation of any obligation on the part of the Visitor pursuant to the provisions of Article 5, the Visitor shall owe Corner33 B.V., without any notice of default being required, a penalty for each violation in the amount of € 5,000.00 lump sum and € 2,500.00 per Ticket sold or resold, without prejudice to any other right to which Corner33 B.V. is entitled, such as the right to compensation.
Article 11 Personal data
11.1 If Corner33 B.V. processes personal data of Visitors, Corner33 B.V. shall do so in accordance with the Personal Data Protection Act.
Article 12 Invalidity
12.1 The invalidity of any provision of these general terms and conditions shall not affect the validity of the remaining provisions.
Article 13 Applicable law and competent court
13.1 The Agreement is exclusively governed by Dutch law. All disputes arising and/or relating to the Agreement will be submitted exclusively to the competent court in Amsterdam.