Article 1
“General Terms and Conditions”:

These general terms and conditions, apply to every legal relationship between a Visitor and an Organiser with regard to the visiting of an Event with a Ticket, the purchase of a Ticket and the related purchase of a product and/or service (of Third Parties) on the Website;

“Visitor”:

The visitor of an Event or the person who buys a product and/or service (of Third Parties) related to an Event on the Website, according to the meaning of the provisions of these General Terms and Conditions. The Visitor is always a consumer who is not acting in the course of a profession or running of a business, or on behalf of these, and is the party designated by law as the “other party”.

“Third Party(s)”:

Every party that sells a product or provides a service related to the Event, not being the Organiser or otherwise part of the SORRYMOM group.

“Event”:

Any event in- and/or outside – including a festival organised by the Organiser at its own expense and risk and for which this Organiser uses these terms and conditions in relation to Visitors;

“Organiser”:

The company related to the Event, that is the user of these General Terms and Conditions and Code in relation to the Visitor for whom this company is responsible in every respect and the contracting party of the Visitor. The Organiser has activities of its own, such as the Website and/or Event.

“Ticket”:

An admission ticket provides the Visitor with the right to attend an Event. This can either be a physical ticket or a digital ticket with a barcode;

General
Visiting Events
The purchase of Tickets and products and/or services of Third Parties Final provisions

GENERAL Definitions

“Website”:

Each website of the Organiser as exploited and offered by the legal entity concerned, on which the Visitor can find information about an Event and on which or through which the Visitor can buy Tickets and related products and/or services (of Third Parties).

Article 2 Accessibility and application of these General Terms and Conditions

2.1 The General Terms and Conditions are applicable if the visitor visits an Event with a Ticket, purchases a Ticket and/or a related product or service (of Third Parties) on the Website. The terms and conditions are declared applicable prior to the Visitor’s purchase of a Ticket and/or product or service. By purchasing a Ticket, visiting an Event with a Ticket and/or buying a product and/or service (of Third Parties) on the Website, the Visitor accepts these General Terms and Conditions. The General Terms and Conditions also apply if the Ticket, regardless of the manner, was acquired through a third party.

2.2 The Organiser is Hascey VZW and is registered on Mombeekdreef 22, 3500 in Hasselt, Belgium, with trade registration number 0786.302.289. Sorry Mom can be contacted during office hours on the following telephone number: +32 487 19 86 18 and in addition, via the following email address: info@sorrymom.be.

2.3  The Organiser refers to the general terms and conditions on the Ticket of an Event. The Visitor can also access the General Terms and Conditions at the moment of entering the Event, as these General Terms and Conditions – or at least an excerpt thereof – will be made available at the entrance of the Event.

2.4  During the purchase of a product and/or service (of Third Parties) and/or a Ticket on the Website, the Visitor has the possibility to access the General Terms and Conditions before he proceeds to conclude the agreement electronically.

2.5  These General Terms and Conditions solely apply to private persons and specifically exclude parties acting in their capacity as professional contracting parties in relation to the Organiser. The legal relationship between the Organiser and a professional contracting party is subject to alternative terms and conditions.

Article 3 Amendment or additional terms and conditions

3.1 The Organiser is at all times entitled to amend or complement the General Terms and Conditions. The amended version will in that case be published on the Website. As of the date of publication, the amended terms and conditions will be applicable. If an amendment or addition significantly affects the rights or obligations of the Visitor, the Organiser will either notify the Visitor of the amended terms and conditions by way of email or by clearly bringing it to the Visitor’s attention during the visit to the Event and/or the Website.

3.2 If the Visitor visits the Event and/or purchases a Ticket or products and/or services (of Third Parties) on the Website after the amendment of or addition to the General Terms and Conditions, the Visitor thereby irrevocably accepts the amended or complemented General Terms and Conditions. If the Visitor does not wish to accept these amended or complemented General Terms and Conditions, the Visitor must immediately cease the use and visitation of the Website and/or Event(s) or the purchase of the Tickets or products and/or services (provided by Third Parties) on the Website.

Article 4 Ticket

4.1  Access to the Event is only obtained by showing a valid and undamaged Ticket. People wishing to enter the Event may be requested and will then be obliged to show proof of identity due to checks on the age limit (if applicable). In the event, after entry, the Visitor leaves the Event or its location, the Ticket will automatically lose its validity.

4.2  People younger than 18 will simply be refused entry to the Event, unless explicitly otherwise determined by the Organiser, for example in case a different legal drinking age is used, in which case the Organiser will not be obliged to refund the amount of the Ticket.

4.3  Tickets are and remain the property of the Organiser. The Ticket gives the holder the right to attend the Event. Access is given only to the first holder of the Ticket scanned at the entrance of the Event. The Organiser may presuppose that the holder of this Ticket is also the person who has a right to it. The Organiser is not obliged to perform any further verification of Tickets. The Visitor must take responsibility for ensuring that he is and remains the (sole) holder of the Ticket issued by the Organiser or by an advance sales address that it has engaged.

4.4  As of the time that the Ticket has been provided to the Visitor, the Visitor bears the risk of any loss, theft, damage or misuse of the Ticket. The Ticket is only supplied once and gives access to only one person.

4.5  The Organiser reserves the right to set a maximum on the number of Tickets to be ordered by a Visitor, in that case, the Visitor is obliged to comply with such maximum number.

4.6  Solely purchases at the authorized (pre)sale addresses or with the Organiser guarantee the validity of the Tickets. The burden of proof in this regard rests on the Visitor. The Ticket may consist of a barcode provided to the Visitor via electronic communication (e-mail). In the event the Visitor has chosen to receive the Ticket in this manner, the Visitor must ensure that the Ticket can be provided by electronic communication and that it can be provided in a safe manner. Organisers cannot guarantee the confidentiality of the issued Ticket or guarantee the receipt of the admission ticket. Scanning the Ticket from a mobile device of the Visitor is done at the sole risk of the Visitor. Organiser cannot be held liable in the event the Ticket cannot be scanned and the Visitor is not entitled to a refund of the amount of the Ticket and/or compensation in this case.

Article 5 Prohibition against Resale, etc.

5.1  Tickets for the Event may not in any way be resold by the Visitor in the context of commercial purposes.

5.2  The Organiser may appoint an authorized resale platform (e.g. an additional official sales channel) for Tickets for the Event, which could be an online secondary ticket marketplace. Reselling Tickets on any sales channels other than the ones appointed
by the Organiser is strictly forbidden. Access to the Event may be refused for a Visitor holding a Ticket purchased from an unauthorized source. The Organiser cannot be held liable nor can any damages be claimed to result from the sale or purchase of a Ticket (including the validity of a Ticket) for the Event via any sales channel.

5.3  The Visitor is not allowed to make any type of advertising or any other kind of publicity relating to the event or any part of it.

5.4  The Visitor who transfers his Ticket to a third party is obliged to impose on the one to whom he transfers the Ticket the obligations that rest on him as Visitor, as reflected in these General Terms and Conditions. Transferor remains responsible vis-à-vis the Organiser for the compliance of this person with the same obligations.

5.5  If the Visitor does not comply with his obligations as reflected in the preceding paragraphs of this article and/or cannot guarantee them, the Visitor will forfeit to the Organiser an immediately payable penalty of € 10,000,- per violation and € 5,000,- for each day that the violation has continued or continues, without prejudice to the Organiser’s additional right to demand compliance from the Visitor and/or compensation of loss suffered or to be suffered.

5.6  Should the Visitor not comply with the provisions of these General Terms and Conditions, the Organiser is entitled to invalidate/cancel the Tickets or refuse the Visitor (further) access to the Event without the Visitor being entitled to reimbursement of the amount that he has paid the Organiser, directly or via an advance sales address, for the Ticket (including service fees). The holders of any such Tickets will be denied entry to the Event, without any right to compensation.

Article 6 Searches and camera surveillance

6.1  The Organiser is entitled to search or arrange for Visitors to the Event to be searched before entering and/or during the Event. If the Visitor refuses to be searched, he may be refused entry to the Event or may be immediately removed from the Event, without any right to a refund of the amount of the Ticket.

6.2  Cameras may be available that make recordings of the area/the venue where the Event takes place, for the purpose of surveillance and safety.

Article 7 Prohibited items

7.1 At the risk of confiscation, a Visitor may not bring, either for himself or another person - or have in his possession - at the Event venue, any professional photography-, film-, drone-, sound- and/or other recording equipment of any nature, glassware, plastic bottles, (alcoholic) beverages, selfie sticks that if extended are longer than 1.5 meter and/or constructions that are not intended for that purpose, food, drugs, nitrous oxide (cartridges), cans, fireworks, animals, weapons and/or dangerous objects (including - but not limited to - spray cans or CS gas) or use such items prior to or during an Event. The venue of the Event may apply other and/or additional policies which apply to this article and the Event, which in that case also applies to the Event. Confiscated items will not be returned.

7.2 Any Visitor who breaches this prohibition may moreover be refused entry or further access without any right to a refund of the amount of the Ticket or may be removed from the Event and/or handed over to the police. The Organiser has the right to destroy the confiscated items.

Article 8 Refusal of Entry

The Organiser reserves the right to refuse specific people entry or further access to the Event or to remove them from the Event and/or hand the Visitor over to the police if it deems this necessary for maintaining public order and safety during the Event and/or there is a violation of an article from these General Terms and Conditions. This also applies if a Visitor wears or carries clothing, texts or signs which, in the opinion of the Organiser, may be offensive, discriminating, insulting to or cause aggression or unrest among other Visitors or does not comply with the dress code as specified by the Organiser, as well as to undressing during the Event (including but not limited, for instance, to expose the upper part of the body). Even if a Ticket is likely to be counterfeit, the Organiser is entitled to refuse to admit the holder of this Ticket to the event without the Visitor or this holder being able to claim any compensation for any loss that this may cause him or restitution of the amount of the Ticket.

Article 9 Film and video images

9.1  Recording the Event in a professional and/or commercial form, including photographing, filming (including drones), making sound and/or image recordings, as well as reprinting and/or copying from the programme booklet, posters and other printed materials is not permitted without the express, prior and written consent of the Organiser.

9.2  In the event registrations have been made of part of the Event by the Visitor using non-professional recording equipment (such as a smartphone), these registrations are strictly for their own use and may not be used and/or made available to the public commercially in any way.

Article 10 Own risk/liability

10.1 The Visitor enters the Event venue, which may include a bike or car park attends the Event at his own risk. Organiser cannot be held liable for any damage which the Visitor has suffered in this regard.

10.2  The Visitor is expressly aware that loud music will be played during the Event. The Organiser advises Visitors to occasionally give their hearing a rest during the Event by going to an area where no music is being played and to wear ear protection at all times. Organiser accepts no liability for hearing loss, damage to sight, blindness and/or other bodily injury and/or damage of goods, such as but not limited to clothing, whether or not brought by other visitors to the Event.

10.3  Organiser is solely liable for damage to the Visitor resulting from a shortcoming attributable to the Organiser. The total liability of the Organiser is always limited to the compensation for the reasonable, demonstrable and direct out-of-pocket damage and costs of the Visitor, provided that this liability is always limited to the amount covered by the legal liability insurance of the Organiser.

10.4  Liability of Organiser for indirect damage, including consequential loss, intangible damage, loss of profits, lost savings and/or damage due to company stagnation is excluded.

10.5  The Visitor is obliged to report any damages to the Organiser within 48 hours of the Event via the email address as referred to in Article 2.2, on penalty of expiry for any claim of damages.

10.6  In the event the Organiser directly or indirectly engages subordinates, non-subordinates, assistants, third parties or other persons for the performance of the agreement, any liability of the Organiser pursuant to article 6:76, article 6:171 and article 6:172 of the civil code is excluded and Organiser is not liable for damages caused by these persons.

10.7  The Visitor shall indemnify the Organiser for all claims of third parties in respect of damages for which the Visitor is liable against such third parties under the law. The Visitor shall compensate Organiser for any damage, including all legal costs incurred by Organiser, resulting from any claim from those third parties.  

THE PURCHASE OF TICKETS AND PRODUCTS AND/OR SERVICES OF THIRD PARTIES

Article 11 Purchase of Tickets

11.1 If the Visitor purchases a Ticket for an Event of the Organiser, the payment and delivery for this Ticket will usually be handled for the Organiser by a third party, such as Paylogic. This third party may apply its own terms and conditions which are applicable to the payment and delivery of the Ticket. The Organiser is not responsible for the content of these terms and conditions.

11.2 The Organiser that manages the Website is in no way liable for errors, malfunctions or defects in or upon payment by this third party(s) to the Website and/or to the third-party website.

Article 12 Conditions for Agreements with Third Parties

12.1 Via the Website products and/or services of Third Parties are offered that relate to the Event, whether or not via a hyperlink to the website of the Third Parties concerned. If the Visitor decides to purchase the products and/or services offered by Third Parties, the Visitor will enter into a (purchase) contract with the Third Party concerned and general terms and conditions of this Third Party may be applicable. The Third Party concerned is then liable for the performance of any obligation with respect to the Visitor.

12.2 Although the Organiser chooses Third Parties with due care, the Organiser is not a party to any agreement between the Visitor and the Third Party. The Visitor indemnifies the Organiser against any claim for costs or damages that may arise from an agreement between the Visitor and Third Party.  

Article 13 Personal Information

The Organiser uses the personal information of its clients and Visitors of the Website according to its privacy statement and in accordance with the General Data Protection Regulation and the Implementing Law General Data Protection Regulation. The earlier-mentioned privacy statement is available on the Website.

Article 14 Intellectual property rights

14.1 Everything that is made available on the Website, social media and during the Event or which belongs thereto, including music files, artists’ names, label names, streamings, downloads, software, designs, drawings, logos and trademarks forms part of the intellectual property of the Organiser or any licensor thereof by law or on the basis of an agreement.

14.2 The Visitor must recognise these intellectual property rights at all times and observe and comply with all restrictions placed on the use of protected works by law. Nothing in these General Terms and Conditions is meant to transfer or to provide a license of, any intellectual property rights to the Visitor.