General terms and conditions

Article 1: General

These general terms and conditions (hereinafter ‘terms’) are used by the festival “ALCATRAZ” in Kortrijk, Belgium (hereinafter referred to as ‘event’). It is the user of the general terms and conditions. These terms apply to the relationship between Apache VZW, with registered office at Meersbloem-Melden 42, 9700 Oudenaarde, VAT: BE 0649 510 218 (hereinafter referred to as ‘the organization’) and individuals, not towards parties in their capacity as professional contracting parties. Different general terms and conditions apply to the latter legal relationship and separate contracts are concluded for this purpose. The counterparty in these terms is the individual – a visitor to the event or visitor to the ALCATRAZ website or webshop – and is referred to here as visitor.

Article 2: General Terms and Conditions

These terms apply to all admission tickets and therefore form a whole with all agreements concerning purchase, donation, order and delivery of admission tickets for the events wherever held or to be held. The general terms and conditions also apply to every legal relationship between the organization and the visitor. Following the purchase or acquisition and/or use of an admission ticket and/or entry to the event location and/or acknowledgment of these terms via the organization’s website, the visitor accepts the content of these terms. This also applies if the acquisition of an admission ticket has been realized through third parties in any way whatsoever. Only these terms are valid and the organization rejects all provisions conflicting with these terms originating from the visitor or third parties. Any (general) terms and conditions of the visitor or third parties relating to the event therefore do not apply. In case of conflict between these terms and those stated on tickets, these terms stated on the website take precedence. The organization reserves the right to modify the terms at any useful moment. Any modification can be consulted and will be announced on the website. Each new visit to the event, to this website and each new order, purchase and/or transfer of tickets or other products or services will be considered as acceptance of the modified and most recent terms. For tickets already purchased for a specific event, substantial changes that have a significant impact on the rights and obligations of the visitor will only apply after the visitor has expressly agreed to them or after they have been given the opportunity to terminate the agreement free of charge if they do not agree with the change.

Article 3: Admission Ticket

Access to the event is obtained exclusively upon presentation of a valid admission ticket. Only persons aged 18 and over gain access to the event, unless explicitly stated otherwise on the event website. Visitors may be asked for identification to check the specified age limit. If no valid identification is shown or the age is incorrect, this visitor will be denied access (or the visitor will be removed from the event) without the organization being obliged to refund the admission fee to the visitor. The admission tickets are and remain the property of the organization. The visitor is prohibited from reselling an admission ticket for the event to third parties in any way and/or offering the admission tickets for sale to third parties in any way and/or providing them for or in the context of commercial purposes. In case of violation of this prohibition, the organization is entitled to refuse access to the event to the holder of that admission ticket and to recover all resulting damage from the visitor. This does not affect the occasional transfer of an admission ticket to a third party at a maximum of the original ticket price, provided that this transfer occurs in accordance with the Law of 30 July 2013 concerning the sale of admission tickets to events and with any practical formalities imposed by the organization or its ticket partner (such as a name change procedure). In case of violation by the visitor of (one or more of) the provisions as mentioned in these terms, the organization is entitled to invalidate the admission ticket or refuse the customer (further) access to the event without the visitor being entitled to restitution of the amount they paid for the admission ticket to the organization, whether or not through a (pre)sales address. Holders of invalidated admission tickets are not entitled to restitution or compensation. The visitor is prohibited from making advertising or any (other) form of publicity in connection with the event and any part thereof in any way. By doing so, the visitor would infringe the trademark rights of the event and the organization. This provision does not prejudice the visitor’s right to mention the event in a non-commercial manner, for example via personal messages or posts on social media, insofar as this does not infringe intellectual property rights, portrait rights or other rights of the organization or third parties. If the visitor does not comply with their obligations as expressed in the previous articles regarding admission tickets, the visitor (or the buyer or seller of the admission ticket) owes a directly payable compensation of a reasonable amount to be determined by the organization, with a maximum of € 1,500 per violation and an additional compensation of maximum € 500 for each day that the violation has continued and continues – without prejudice to the organization’s right to additionally claim compensation for damage suffered or yet to be suffered. These fixed compensations are always subject to mitigation by the competent court if they are clearly not proportionate to the damage suffered by the organization. When the visitor purchases an (electronic) admission ticket (e-ticket) for the event via the internet, payment thereof is usually handled by a third party on behalf of the organization. This third party usually also applies its own general terms and conditions towards the visitor as buyer of the admission ticket. Those terms then apply simultaneously with the present terms.

Article 4: Information

Although the organization devotes great care and attention to correct information provision in the context of the event, such as on the website, on social media, on the websites of partners (e.g. ticket sellers), no guarantee can be given regarding the nature and content of the information. The organization is not responsible or liable for any damage that would result from incorrect or incomplete information provided in the context of the event, except in cases where this damage is directly the result of a misleading commercial practice or of intent or (gross) fault of the organization. The event, tickets and other products or services of the event (including the website) may contain information from third parties such as sponsors, partners and suppliers, as well as references to websites, social media and other products and services of third parties. The organization does not verify the content of those websites, social media and other products and services of third parties and therefore cannot be held liable or responsible for the content thereof. Moreover, a reference to or inclusion of information from third parties does not imply that the organization agrees with such content.

Article 5: Intellectual Property

The event, the website and other products and services in the context of the event may contain texts, photos, videos, works of literature and art, trade names, domain names, trademarks and other material protected by (intellectual) (property) law. The visitor expressly acknowledges these rights and undertakes to use the relevant material only with prior written permission and not to use it in any way that constitutes an infringement of the aforementioned (intellectual) (property) rights. If the visitor themselves sends, publishes, communicates or uses such material at the event, via the website or via other products or services, the visitor warrants that they are the rights holder, or have obtained permission from the (intellectual) rights holder(s) to use such material. In that case, the visitor grants the organization a non-exclusive, worldwide, transferable and royalty-free license to use, reproduce, distribute, display and communicate this material in the context of the promotion and organization of the event and related activities, for the duration of the applicable intellectual property rights.

Article 6: Purchase of Tickets

By purchasing and/or possessing a ticket, the buyer, transferor and holder of the ticket declare their agreement with these terms. The event is only accessible to persons who are in possession of an official ticket for the event. A ticket for the event can only be purchased through our exclusive ticket partner (Eventix). The purchase of tickets via the internet or other forms of distance selling concerns a leisure service relating to a specific event and a specific date or period. In accordance with Article VI.53, 12° of the Code of Economic Law, the visitor does not have a right of withdrawal or right of cancellation in that case. Therefore, the purchase cannot be cancelled on the basis of the right of withdrawal for distance contracts. A ticket will in no case be refunded or exchanged, not even in case of interruption, modification, termination or cancellation. Notwithstanding the foregoing, if the event is completely cancelled without a replacement date being set, the organization will refund the paid ticket price (excluding service, administration and shipping costs) to the registered buyer or, if and to the extent this is legally permitted, offer a voucher or other equivalent means of compensation. If the event is moved to another date or location, the tickets remain valid in principle. In that case, the visitor has the right to request free refund of the ticket price (excluding service, administration and shipping costs) within a reasonable period communicated by the organization if they are reasonably unable to attend the event on the new date or location. Each ticket is in principle personal, but may, in compliance with legal provisions and procedures established by the organization or its ticket partner , be transferred to a third party, provided that no profit is made in addition to the original ticket price (with the exception of any name change costs permitted by the organization). Commercial or speculative resale and any resale contrary to the Law of 30 July 2013 concerning the sale of admission tickets to events is strictly prohibited. In accordance with the Law of 30 July 2013 concerning the sale of admission tickets to events, the following are strictly prohibited:

• regular resale of tickets,
• the presentation with a view to regular resale and the provision of means used for regular resale,
• occasional resale at a price higher than the stated admission price,
• the presentation with a view to occasional resale and the provision of means used for occasional resale if it concerns a resale at a price higher than the stated admission price,
• resale before the start of the original sale,
• the sale of a privileged or promotional admission ticket for which there was no original sale.

The presentation with a view to resale and the provision of means used for resale are also prohibited for the sale of a privileged admission ticket, as well as a promotional admission ticket, for which there was no original sale. Violations of these legal provisions are subject to criminal and civil sanctions. The registered buyer, the transferor and the holder of a ticket are jointly and severally liable for the damage caused by a violation of this legal provision with regard to the relevant ticket.

Article 7: Access Conditions

By accessing the event, not only the holder of the ticket but also the buyer and transferor of the ticket declare their agreement with these terms. The registered buyer, the transferor and the holder of a ticket are jointly and severally liable for the damage that the latter causes at and in the context of the event. A valid ticket grants access to the event only once. The organization can in no case be held responsible or liable for theft, loss, damage, counterfeiting, illegal duplication or other causes of invalidity of a ticket. Every visitor is obliged at all times to respect the legal and regulatory provisions - including those of public order and morality - at and around the event site and is obliged to comply with all existing regulations, rules, instructions and guidelines of the organization, police, security services and other authorized persons. Purchase and/or possession of a ticket does not affect the right to refuse access to and/or further presence at the event and/or to remove the visitor from the event, if the visitor does not comply with these terms, the applicable legal and regulatory provisions, the house rules of the organization or reasonable safety and order regulations, or if their behavior endangers the safety, health or well-being of themselves, other visitors, employees or third parties. Every visitor and their possessions (e.g. backpack, handbag) can be checked by police and security services, both at the entrance and exit and at and around the event site. In the absence of cooperation, access to and/or further presence at the event may be denied. Drinks, food and any object that the organization considers dangerous may be refused or confiscated on the site. The following are in any case prohibited: own drinks and food in glass and cans, camelbags, weapons and sharp objects, drugs and narcotics, drones, fireworks, animals, (semi-)professional photo, video and sound recording equipment (except in case of official accreditation from the organization). It is prohibited to distribute, sell or otherwise disseminate pamphlets, posters, flyers, gifts, merchandising and/or other commercial and promotional materials near, at the entrance or on the site of the event (except in case of official accreditation from the organization).

Article 8: Audio, Video and Photo Recordings

The organization is entitled to make (or have made) image and/or sound recordings of the event and its visitors – and is entitled to reproduce and/or make public these recordings in any form and in any way whatsoever, including the right to stream images live via the internet. By obtaining an admission ticket to the event and/or by entering the event location, the visitor unconditionally grants permission for the making of the aforementioned recordings and the processing, publication and exploitation thereof, all in the broadest sense of the word, without the organization owing or being owed any compensation to the visitor. The visitor acknowledges that such image and sound recordings may constitute personal data and that their processing takes place in accordance with applicable privacy legislation and the organization’s Privacy Policy, available on the event website. If and to the extent that further formalities are necessary to effect a waiver of copyright, neighboring rights, portrait rights, privacy rights, personality rights or other intellectual property rights to those recordings to the organization and/or its partners, the buyer, transferor, visitor and/or holder of the ticket will make the necessary efforts free of charge (gratis) to effect this transfer. This provision does not prejudice the mandatory rights that the visitor has as a data subject under applicable privacy legislation (including the right to information, access, correction, restriction and objection, as further described in the Privacy Policy).

Article 9: Liability

Access to, stay at and departure from the event is at the visitor’s own risk. The organization, artists, employees, volunteers and appointees cannot be held responsible or liable for damage, loss, theft or accident, of any nature whatsoever, unless such damage, loss, theft or accident is the result of fraud or intentional gross fault of the organization. This exclusion of liability on the part of the organization, artists, employees, volunteers and appointees therefore also applies to damage, loss, theft or accident, which is directly or indirectly the result of an act and/or omission of both the organization, artists, employees, volunteers and appointees of the organization, and of third parties such as other visitors to the event. The organization does not exclude its liability for damage resulting from death or personal injury caused by its fault, nor for damage arising from intent or gross negligence of the organization or its appointees, nor for any other liability that cannot be excluded or limited under mandatory legal provisions. The organization is not liable for damage or other consequences arising from interruption, modification, termination, cancellation or any other measure that the organization takes or that is imposed on the organization, e.g. due to public order, terrorism (threat), force majeure in the broadest sense. The organization can therefore not be held responsible, liable or obliged to refund a ticket in whole or in part in case of complete or partial interruption, modification, termination, cancellation or other measure, even if this measure applies to individual persons (e.g. access condition, public order, morality…). This does not, however, affect the regulation regarding refund or compensation in case of complete cancellation or relocation of the event as described in Article 6. If the organization, notwithstanding these terms, decides to refund tickets in whole or in part, or is obliged to refund tickets in whole or in part, this refund will be made for the ticket price excluding service/administration/shipping costs. The organization cannot be held liable for any damage attributable to a cause over which the organization cannot exercise control, including but not limited to, all forms of force majeure, actions of third parties (including but not limited to hackers, suppliers, local authorities, riots, civil unrest, war, hostilities, military operations, national disasters, terrorism, piracy, arrests, coercion exercised by a competent authority, strikes, lock-outs, epidemic, fire, explosion, storm, flood, extreme weather conditions, earthquake, natural disasters, accidents, mechanical defects, third-party software, failures or problems with public utilities (including failure of internet, electricity and telecommunications), lack of or impossibility to be sufficiently supplied with food, drink, material, equipment and/or transport and other forms of force majeure and actions of third parties, regardless of whether the circumstances in question could be foreseen. If and to the extent that the organization would nevertheless be held liable on any grounds for any damage on the part of the buyer of a ticket, the transferor of a ticket, the holder of the ticket and/or a visitor to the event, this liability will at all times and notwithstanding any provision to the contrary be limited to direct damage and/or to the amount that will be paid out under the organization’s statutory liability insurance for the relevant claim. The organization is in no case liable for indirect damage or consequential damage, such as but not limited to loss of profit, loss of opportunities, loss of data or intangible damage, except to the extent that such exclusion is prohibited by mandatory law. The buyer, the transferor and the holder of the ticket and the visitor to the event agree that they can only claim compensation for the direct damage they have suffered, if applicable. Any indirect damage or consequential damage is hereby excluded. The registered buyer, the transferor and the holder of a ticket are jointly and severally liable for the damage that the latter causes as a visitor at and in the context of the event and will indemnify the organizer and its partners and appointees against all possible claims (from other visitors and other third parties) following infringements committed by the holder of a ticket as a visitor to the terms and to all mandatory and legal and regulatory provisions applicable at and in the context of the event. Complaints or disputes must, on pain of nullity and forfeiture, be made within five days after the fact or incident about which the complaint or dispute concerns and this by registered letter sent by post to the registered office of the organization. Complaints or disputes must be communicated by the visitor to the organization as soon as possible, in a manner that enables the organization to sufficiently investigate the complaint, and at the latest within a reasonable period after the visitor has established or should reasonably have established the fact or incident. For complaints regarding visible defects or immediately observable shortcomings, an ultimate notification period of thirty (30) days after the relevant fact or incident applies, except in case of force majeure. Complaints can be addressed to the registered office of the organization, preferably by registered letter or via the contact channel provided for this purpose on the website. A late notification may result in it becoming more difficult or impossible for the organization to properly investigate the complaint, but does not exclude the exercise of mandatory legal rights of the visitor.

Article 10: Personal Data

Personal data are processed at all times in accordance with applicable privacy legislation, in accordance with the principles of proportionality and on the basis of the legitimate interest of the organization. The organization processes personal data of visitors to the event and to the website in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation or “GDPR”) and applicable Belgian privacy legislation. Apache VZW is the data controller for these processing operations. More information about the manner in which and the purposes for which personal data are processed, as well as about the rights of data subjects, can be found in the Privacy Policy and Cookie Policy of the organization, which can be consulted on the event website. The organization respects the privacy of all visitors to the event and the website and ensures that the personal information that the visitor provides to the organization is always treated confidentially. The organization uses data by means of ‘cookies’ from the visitor to its websites to make purchasing and navigating from and via the website easier, faster and better. The organization uses cookies and similar technologies on its websites. The use of non-essential cookies only takes place after prior consent of the visitor, in accordance with the Cookie Policy. A visitor to one of the websites can only purchase a product or use a specific service if they have entered valid and correct personal data. By entering the data for downloading or ordering tickets or products via the organization’s website or via one of the online services performed for the organization, the website visitor provides the data necessary for the performance of the agreement and/or for the fulfillment of legal obligations. Certain processing operations may additionally be based on the legitimate interest of the organization or, where applicable, on the express consent of the visitor, as further described in the Privacy Policy. The organization will not sell personal data to third parties. Personal data may be shared with processors and other third parties to the extent necessary for the organization of the event, the processing of ticket sales, payments, communication, security and other purposes described in the Privacy Policy, and subject to appropriate contractual and technical safeguards. The visitor has, among other things, the right to access, correction, erasure, restriction of processing, objection to certain processing operations and, where applicable, data portability, as well as the right to lodge a complaint with the Data Protection Authority. The exercise of these rights and the contact details of the organization for privacy-related questions are described in the Privacy Policy.

Article 11: General Provisions

If a provision in these terms, or part thereof, is or becomes invalid or unenforceable, the remaining provisions of these terms or the remaining part of that provision remain fully in force and this provision is automatically (by operation of law) replaced by a valid provision that approximates the invalid provision as closely as possible. Failure or delay in exercising by us of a right under these terms or a contract or a legal provision will not be considered as a declaration of waiver of that right, and will not affect any other or further event or prejudice any right or remedy with respect thereto or in any way affect or modify our or your rights under these terms or a contract. If one or more clauses of these terms are found to be void, this does not entail the nullity of the other clauses or of these terms in general; in that case, the void clauses will be modified into legally valid clauses that are in accordance with the legal effects we intended at the time of acceptance of these terms. The terms, all agreements and all legal relationships to which these terms apply, are governed by Belgian law. For all disputes that may arise with regard to (the performance of) these terms and all legal relationships to which these terms apply, except for other mandatory legal provisions in favor of the consumer, only the courts of the registered office of the organization are competent, namely the courts of East Flanders, Oudenaarde division.