The terms indicated with an initial capital letter hereinafter have the following meaning in these General Terms and Conditions:
- Event: the organised event, such as event of a musical, cultural, sports and/or recreational nature, for which LF2018/Friesland.nl sells Tickets;
- Producer: the natural person or legal entity that produces or organises an Event and is responsible for it;
- Customer: the natural person or legal entity with whom LF2018/Friesland.nl enters into an agreement relating to the Event, or to whom LF2018/Friesland.nl makes an offer for that purpose;
- Agreement: the agreement between LF2018/Friesland.nl and the Customer to acquire Tickets for Events;
- Ticket: the document that serves as admission ticket for an Event, also including electronic Tickets;
- LF2018: the foundation LF2018, organiser of Leeuwarden-Friesland European Capital of Culture, established in Leeuwarden;
- Friesland.nl: online platform of Merk Fryslân, established in Leeuwarden;
- Upsell: the sale of additional products or services by LF2018/Friesland.nl on behalf of itself or on the instruction or third parties.
2 Applicability of the General Terms and Conditions
- These General Terms and Conditions apply to all offers of, orders from, legal relationships and agreements in which LF2018/Friesland.nl provides products or services of any nature whatsoever to the Customer, also if these products or services have not been described (further) in these General Terms and Conditions.
- The general terms and conditions of the Event's Producer apply to the Agreement.
3 Creation of the Agreement
- Unless otherwise agreed in writing, all offers, including advertisements and price lists as referred to on the website of LF2018/Friesland.nl, are without obligation.
- In offering and selling Tickets, LF2018/Friesland.nl acts as intermediary in the creation of the Agreement between the Buyer and the Producer. LF2018/Friesland.nl is not a party to the Agreement that is created by the purchase of a Ticket. The Agreement is created after the Customer has purchased one or more Tickets via LF2018/Friesland.nl. LF2018/Friesland.nl provides the Tickets on behalf of the Producer.
- Before confirming his reservation, the Customer must always carefully check whether the right Tickets have been reserved. When making the reservation, the Customer must always provide a correct address or email address. If the Customer chooses to receive the Tickets electronically, the risk of loss, theft or abuse of the Ticket lies with the Customer from the time the Tickets are sent to the email address provided by the Customer. If the accuracy of the data the Customer entered when ordering is in doubt, LF2018/Friesland.nl can contact the Customer using the data the Customer entered. If LF2018/Friesland.nl is unable to reach the Customer and can therefore not check the data, LF2018/Friesland.nl can proceed to cancel the reservation and sell the Tickets to another Customer. If LF2018/Friesland.nl doubts the accuracy or validity of the data entered by the Customer or the payment method used by the Customer when the order was made, it has the right to cancel the Customer's reservation and sell the Tickets to another Customer. LF2018/Friesland.nl will make an effort to inform the Customer in such a case. Each Agreement is entered into subject to the suspensive condition of sufficient availability of the products and services in question.
- LF2018/Friesland.nl and/or the Producer retain the right to set a maximum to the number of Tickets to be reserved/purchased. The maximum number of Tickets to be reserved/purchased will be determined per Event. The maximum number is indicated on the Event page and will be checked per transaction. This is done to prevent abuse of the website and dishonest ticket sales and purchase practices. If it is determined that the maximum number has been exceeded, by one or more connected Customers or users (for example by using different credit cards or by having different members of the same household making a purchase), or by automated means, LF2018/Friesland.nl has the right to cancel these reservations/purchases. The use of automated means in reserving/purchasing Tickets is strictly forbidden.
- LF2018/Friesland.nl has the option of performing Upsell activities during the sale of Tickets. If LF2018/Friesland.nl sells products or services of third parties by means of this activity, these products or services and their provision and the agreement will be subject to the terms and conditions of this third party in addition to the general terms and conditions of LF2018/Friesland.nl, whereby the terms and conditions of LF2018/Friesland.nl prevail in case of conflict between both terms and conditions.
- Tickets cannot be returned. The provisions of Section 6:230p under e of the Dutch Civil Code apply to the Tickets.
- Tickets may be exchanged by the Producer. LF2018/Friesland.nl can only refer the buyer and cannot do this on behalf of the Producer.
4 Prices and payment
- LF2018/Friesland.nl sells Tickets on behalf of the Producer, who decides the price and the number of available places. Information regarding the price and availability will be provided without obligation and subject to reservation.
- The Customer pays the price stated in the Agreement for the products or services ordered by means of the website. Payment takes place in the manner indicated on the website of LF2018/Friesland.nl. The order may be subject to further payment and ordering conditions.
- All prices of LF2018/Friesland.nl as stated on the website are in euros inclusive of VAT, unless expressly stated otherwise.
- LF2018/Friesland.nl charges service charges for every order.
5 Cancelled or moved Events
- LF2018/Friesland.nl is not liable for compensation or reimbursement of entrance fees in case of any cancellation of an Event by the Producer or by the owner of the Location (also in case of liquidation of either of them).
- It is the Customer's responsibility to check whether an Event has been cancelled or moved and what the new time or location will be. Although LF2018/Friesland.nl will try to inform the Customer of the cancellation after LF2018/Friesland.nl has received the required information from the Producer, LF2018/Friesland.nl cannot guarantee that a Customer will be informed of the cancellation before the date of the Event. LF2018/Friesland.nl is not responsible for any costs incurred.
- Tickets of moved Events generally remain valid for the replacement Event. For more information, the Customer can contact LF2018/Friesland.nl via the online customer service or by telephone. If an Event is moved to another location or date, the Producer can lay down conditions for the compensation of the ticket price.
- If an Event is cancelled or moved, the Customer can hand in the Tickets for this Event in accordance with the regulations as determined by the Producer. If the Producer requests LF2018/Friesland.nl to refund the ticket price to the Customer, LF2018/Friesland.nl will do so after it has received the money in question from the Producer. Service charges will not be refunded.
- In case of cancellation or moving of an Event, any products or services sold via Upsell will only be eligible for a refund via the supplier. LF2018/Friesland.nl is not liable for compensation or reimbursement of these services or products.
- The Tickets distributed by LF2018/Friesland.nl remain the property of the Producer. The Customer is not allowed to resell a Ticket, as this is in conflict with the law. After receipt, the Customer must check the Tickets, as errors cannot always be corrected. After purchase, Tickets can no longer be exchanged or compensated.
- Special requirements, such as the reservations of places for a wheelchair, must be notified clearly and in time. LF2018/Friesland.nl can give no guarantee that special requirements can be met. For more information, the Customer can contact LF2018/Friesland.nl via the online customer service.
7 Intellectual Property Rights
- The intellectual property rights attached to the Tickets of LF2018/Friesland.nl belong to LF2018/Friesland.nl or its licensor. The Customer will refrain from acts that could damage the rights or other interests in this matter of LF2018/Friesland.nl or its licensor.
- The Customer is not allowed to remove or change any indication regarding copyrights, brands, trade names or any other rights of intellectual property from or on the Ticket, or to make a change to the shape or any other feature of the Ticket.
- The Customer is prohibited from falsifying or duplicating the Ticket.
- The Agreement does not serve to transfer any intellectual property right from LF2018/Friesland.nl to the Customer.
- The Customer is deemed to have taken note of the privacy statement of LF2018/Friesland.nl which can be consulted on the website of LF2018/Friesland.nl and to agree to the processing of the personal data provided by the Customer, as described in that privacy statement.
- LF2018/Friesland.nl cannot be regarded as the organiser (Producer) of the Event and is not responsible and provides no guarantee for the (artistic) quality and content of the Event and the course of affairs in or surrounding the Event and based on this accepts no liability whatsoever.
- With the exception of the other liability provisions in these General Terms and Conditions, the total liability of LF2018/Friesland.nl due to attributable failure to perform or due to an unlawful act is limited to compensation of direct loss up to no more than the amount the Customer was or could be charged for the Tickets, unless the loss is a result of intent and/or gross negligence of LF2018/Friesland.nl or its subordinates.
- The liability of LF2018/Friesland.nl due to attributable failure to perform an agreement arises in all cases only if the Customer has given immediate and proper notice of default to LF2018/Friesland.nl, whereby a reasonable term to cure the failure is set, and LF2018/Friesland.nl continues to attributably fail to perform its obligations after that term. The notice of default must contain a complete description of the failure that is as detailed as possible, so that LF2018/Friesland.nl is able to respond properly.
- The Customer indemnifies LF2018/Friesland.nl against all claims of third parties relating to the Customer's non-performance or improper performance of any obligation vis-à-vis LF2018/Friesland.nl, ensuing from the General Terms and Conditions or otherwise.
- A condition for the creation of any right to compensation is always that the Customer reports the loss to LF2018/Friesland.nl in writing as soon as possible after creation of that loss.
- LF2018/Friesland.nl can at no time be held liable for any type of damage to or loss of the Ticket. In case of loss or theft, the Customer cannot claim a replacing Ticket or repayment of any money. LF2018/Friesland.nl is also not liable for a delay in delivery, failure to deliver or the incorrect delivery of the Tickets, if the delay in delivery, failure to deliver or the incorrect delivery cannot be attributed to LF2018/Friesland.nl.
- LF2018/Friesland.nl in no way accepts liability for Tickets the Customer acquired from third parties. LF2018/Friesland.nl also cannot guarantee the authenticity of these Tickets.
- LF2018/Friesland.nl can in no way be held liable for any loss the holder of this admission ticket experiences due to acts or failure to act of third parties.
10 Force majeure
- Force majeure includes any shortcoming that cannot be attributed to LF2018/Friesland.nl, because the shortcoming is not its fault and is not for its account pursuant to the law, legal act or common opinion.
- Without prejudice to its other rights, in case of force majeure LF2018/Friesland.nl has the right to suspend or dissolve execution of the Customer's order, without judicial intervention, by notifying this to the Customer in writing and without being held to pay any compensation for damages, unless this would be unacceptable in the given circumstances according to the standards of reasonableness and fairness.
11 Applicable law and competent court
- All agreements with LF2018/Friesland.nl are governed by Dutch law.
- All disputes that arise as a result of the agreement or the applicable General Terms and Conditions will be submitted to the competent court in Leeuwarden.
- During Events, it is not allowed to bring along the following items to the Event's location: photo, video or other recording equipment, alcoholic beverages, drugs, glass, plastic bottles, cans, fireworks, weapons or any other dangerous objects, subject to seizure. Reference is made to the Producer's general terms and conditions.
- Customers may be searched prior to an Event. Those who do not wish to be subjected to a search may be refused access without any right to reimbursement of any money.
- Customers arriving late to an Event will be admitted during suitable moments during the Event, insofar as possible. However, access cannot be guaranteed.
- Where in these General Terms and Conditions LF2018/Friesland.nl undertakes to make a written announcement, LF2018/Friesland.nl is authorised to make this announcement via electronic means, including but not limited to an email message or fax.
- Apparent mistakes or typographical errors on the website of LF2018/Friesland.nl or in offers, order confirmations, Tickets and/or other documents are not binding to LF2018/Friesland.nl.
- In case of a difference of opinion between LF2018/Friesland.nl and the Customer regarding the translation and/or the interpretation of the General Terms and Conditions, the Dutch version is decisive.
If one or more of the provisions of these General Terms and Conditions or any other agreement with LF2018/Friesland.nl are in conflict with any applicable legal provision, the provision in question will lapse and be replaced by a new, similar provision to be determined by LF2018/Friesland.nl permissible by law.