THESE GENERAL TERMS AND CONDITIONS OF THE FRIESE BALLONFEESTEN FOUNDATION. HAVING ITS REGISTERED OFFICE AT PRINS BERNHARDLAAN 32, 8501JG JOURE (KVK number: 41005257, VAT NUMBER: NL 8039.646.87.B01), HEREINAFTER REFERRED TO AS 'THE ORGANIZATION', APPLY TO AGREEMENTS CONCLUDED BY THE ORGANIZATION WITH VISITORS TO THE EVENT “FRIESE BALLOON PARTIES” AND/OR OTHER EVENTS TO BE ORGANIZED BY THE ORGANIZATION, HEREINAFTER REFERRED TO AS “THE EVENT”.

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Article 1 Applicability

1.1 These general terms and conditions apply to any agreement between the visitor to the event and the purchase of all admission and camping tickets between the event visitor and the organization, regardless of how it is concluded. By purchasing and/or using a ticket and/or entering the event location (including the campsite, hereinafter referred to jointly as: the “event location”), the visitor agrees to the content of these terms and conditions.

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1.2 The event location may have house rules that apply in addition to these general terms and conditions and can be found on the organization's website (s) (including https://www.ballonfeesten.nl/) and/or at the event location. By purchasing the ticket, the visitor also agrees to these house rules in advance.

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1.3 The organization can change these general terms and conditions in whole or in part at any time. Visitors will be informed of the changes in good time because the organization will report this on the organization's relevant website (s). If the visitor does not inform the organization in writing within 10 (ten) business days that he does not agree with the changes on grounds of reasonableness and fairness, the visitor is deemed to agree to the changes.

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1.4 The nullity of any provision of these general terms and conditions does not affect the validity of the other provisions.

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Article 2 Purchase of tickets

2.1 The agreement between the organization and visitor for the purchase of tickets is concluded after an order for one or more tickets has been placed at (a (pre) sales address (enabled by) the organization).

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2.2 An order placed is irrevocable and the visitor cannot change the agreement after that moment. The organization reserves the right to refuse orders or to set additional conditions at any time.

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2.3 Information, such as announcements and quotes, regarding the event and/or tickets is (displayed) or provided as accurately as possible. Due to additional costs such as reservation, payment and/or delivery, ticket prices may be higher than the prices printed on the tickets by the organization. The organization assumes no liability for any inaccuracies or omissions in the information provided above.

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Article 3 Tickets and access

3.1 The visitor must have a valid ticket and proof of identity when entering the event location. Visitors will receive a wristband upon arrival at the event upon receipt of their ticket. This wristband must be worn on the wrist throughout the duration of the event, may not be removed or changed. At the first request of employees of the organization, the event location, security staff, police and/or other competent authorities, the wristband must be shown.

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3.2 A ticket is issued to the visitor once and only provides the ticket holder with (one-off) access to the event and the event location.

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3.3 Eventix. (https://eventix.nl/) is the exclusive ticketing provider engaged by the organization. Tickets are only available on the website (s) of the organization, the ticketing provider (s) and the official points of sale of the ticketing providers. Only purchase at an authorized pre-sale address guarantees the validity of the ticket. The burden of proof in this regard rests on the visitor.

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3.4 The tickets will be sent to the visitor at least 7 days before the start of the event, provided that the purchase price for the tickets has been paid. After receiving the ordered tickets, they must be checked by the visitor for accuracy. If the purchased tickets are not received in time by the visitor concerned, or if defects or errors are found in the tickets, the visitor must contact the organization in writing (by letter or e-mail). If a ticket consists of a barcode provided by or on behalf of the organization, which is provided to the visitor via electronic communication (e.g. email), the visitor must ensure that this ticket can actually be issued securely and effectively via electronic communication. The organization does not guarantee the confidentiality or receipt of the ticket.

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3.5 The tickets are and remain the property of the organization. From the moment the ticket is made available to the visitor, the visitor bears the risk of loss, theft, damage or misuse. The organization does not accept any liability for loss or damage to tickets for any cause. In the event that the organization is requested by the visitor for replacement tickets, the organization is entitled to refuse or charge costs for this.

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3.6 The visitor is not allowed to (re) sell or provide the tickets to third parties for commercial purposes or to refer to the tickets in commercial expressions.

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3.7 If the visitor makes his ticket available to third parties free of charge and for commercial purposes, the visitor is in that case obliged to fully impose all his obligations under the agreement with the organization or these general terms and conditions on those third parties. The visitor guarantees that the aforementioned third parties (will) comply with all obligations.

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Article 4 Liability

4.1 Visitors enter the event location and attend the event at their own risk. The organization is not liable for loss of, theft and/or damage to visitors' belongings.

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4.2 The organization is not responsible or liable for any damage resulting from the cancellation, changes or deviations in (the content of) the event program, nor for any other damage, for whatever reason, which is directly or indirectly the result of acts or omissions on the part of the organization and/or the event location, of persons at (one of) their service, or other persons employed by or on behalf of (one of) them, or from third parties, during the event or in connection with the stay at the event location, unless the damage is the result of intent or gross negligence on the part of the organization.

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4.3 If and insofar as, despite the foregoing, the organization should be liable to the visitor for any damage suffered by the visitor for any damage suffered by the visitor, this liability is at all times limited to direct — and therefore no indirect or immaterial — damage up to the amount that will be paid out under the organization's legal liability insurance, and only if it is legally obliged to do so. In such a case, the organization is also only liable if the visitor informs the organization of the shortcoming immediately in writing, setting a reasonable period of time to still comply with the obligation and if the organization continues to fail to comply with that obligation even after that notice of default.

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4.4 The visitor is familiar with the fact that loud music will be played during the event. The organization advises visitors to wear hearing protection and to regularly go to an environment where no music is played to give their hearing a rest.

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Article 5 Cancellation or rescheduling of the event

5.1 The organization can postpone the event to another date or location or even cancel it if there is force majeure. In that context, “Force majeure” should be understood in a broad sense and includes illness and/or cancellation of the artist (s), strikes, fire, bad weather conditions, etc.

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Article 6 Force majeure

6.1 In the event of Force Majeure, Organizer has the right to 1) move the Event to another date or 2) cancel it.

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6.2 If Organizer moves the Event to another date in the event of Force Majeure, the Admission Ticket is valid for that other (new) date. If Visitor is unable or unwilling to visit the Event on the new date, then after submitting a valid and undamaged Admission Ticket, Visitor is entitled to a refund of the admission fee (excluding service costs) as stated on the Admission Ticket, and, failing that, the admission fee paid by Visitor to an official sales organization (excluding service costs). This right to reimburse Visitor exists for four weeks from the new date on which the Event will take place. Should the Event be brought forward, there is a right to a refund from the Visitor for four weeks from the original date on which the Event would take place. Service costs are not included in the refund and any other damage will not be reimbursed. Visitor cannot claim access to another and/or replacement Event.

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6.3 If Organizer cancels the Event in the event of Force Majeure before the Event commences, Organizer is only obliged to reimburse the Visitor the entry fee stated on the Admission Ticket (excluding service costs), and, failing that, the entry fee paid by Visitor to an official sales organization (excluding service costs). This right to a refund for Visitor exists for twelve weeks from the date on which the Event would take place after submitting a valid and undamaged Admission Ticket. Service costs are not included in the refund and any other damage will not be reimbursed. To prevent misunderstandings, the foregoing does not apply if Organizer cancels the Event during the Event in the event of Force Majeure (i.e. after the Event has commenced). Under no circumstances can the Visitor claim access to another and/or replacement Event.

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Article 7 House Rules

7.1 Visitors must comply with the house rules and the regulations and instructions of the organization and competent authorities. If the organization considers this reasonably necessary to maintain peace and order during the event, in any case if public order or safety is endangered during the event, it has the right to deny the visitor (further) access to the event and/or remove it from the event location.

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7.2 Persons under 16 years of age are only allowed to enter if accompanied by a person aged 18 or over.

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7.3 The wristband obtained upon arrival at the event upon receipt of the ticket must be worn on the wrist for the entire duration of the event.A wristband that is not worn on the wrist does not provide access to the event.

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7.4 To enable the organization to comply with its legal obligations, visitors must be able to identify themselves upon request. This applies, among other things, in the context of the Beverage and Hospitality Legislation, which states that visitors under 18 are not served alcohol. Upon arrival, people under 18 receive a separate wristband. The organization reserves the right not to serve alcohol to a customer who is old enough to buy alcohol but meets with friends who are under 18 when it is clear that the alcohol is also intended for them.

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7.5 When entering the event, the visitor will be searched. Visitors who refuse to be searched may be refused entry to the event.

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7.6 Digital cameras and telephones with cameras are allowed into the festival site, (digital) video cameras/camcorders and other (sound) recording equipment are not allowed.

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7.7 Registration of the event without explicit prior written permission from the organization in any form, including professional photography, filming and making sound and/or image recordings for commercial purposes, is prohibited, as is emphasis and/or copying from the program (booklet), posters and other printed matter.

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7.8 In addition, the following items are not allowed on the festival site: food, glassware, plastic bottles (0.5 liter bottles without caps are allowed), bottles, cans, camel baks, pets, (folding) chairs, stools, inflatable objects, umbrellas and umbrellas, selfie sticks, drugs, fireworks, (fire) weapons, dangerous objects and professional photo, film and other recording equipment. Whether there is professional equipment is at the sole discretion of the organization. The organization will seize (or have) unauthorized items seized at the entrance. Legal valuables can be picked up later. Illegal cases will be handed over to the police.

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7.9 Smoking is not allowed in tents and (temporary) buildings, with the exception of any designated smoking areas. Any fines imposed by the visitor on the organization as a result of the violation will be recovered from the visitor.

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7.10 It is not allowed to bring (pets) animals during the event. Furthermore, it is not allowed to crowdsurf, make fire (s) and/or engage in commercial activities on the site, and/or to express offensive, discriminatory or insulting in any way or to wear or distribute such signs. Wearing football shirts, motorcycle club clothing and other clothing with group-specific texts is not allowed.

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Article 8 Payment instruments during the event

8.1 To pay for refreshments during the event, visitors must use the appropriate coins (hereinafter referred to as: the “payment instruments”) provided by the organization. With the payment instruments, visitors can only pay for food and drink (refreshments) and (merchandise) products during the event at the event location and offered by the caterers, merchandise and market vendors as appointed by the organization.

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8.2 The payment instruments are available at the cash registers at the event location.

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8.3 The unspent balance on the payment instrument is non-refundable.

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8.4 The balance on the payment instrument expires automatically after the event. The credit on a wristband is only valid if it is worn on the wrist.

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8.5 The visitor who has been provided with a payment instrument by the organization must prevent misuse or use by third parties of the payment instrument. In the event of loss or theft, the risk of use or abuse between the time of loss of the actual disposal of the payment instrument and the time of blocking is borne exclusively by the visitor. The organization is not liable for any damage resulting from the loss or theft of payment instruments.

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8.6 In the event of malfunctions, maintenance activities and/or security measures, it may be necessary for the organization to stop or limit the use of the payment instruments. The organization is not liable for the consequences.

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Article 9 Privacy and personal data

9.1 By concluding an agreement with the organization, (personal) data of the visitor can be collected, recorded and stored in a database.

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9.2 The organization handles the (personal) data obtained carefully and processes it only in accordance with the Personal Data Protection Act.

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9.3 When concluding the agreement with the organization, the visitor expressly gives permission to process (personal) data in accordance with the organization's privacy policy.

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9.4 It is possible that image and/or sound recordings will be made of the event and the visitors and recordings will be made public or reproduced. The visitor grants unconditional permission to make the aforementioned recordings and exploit them without the organization or third parties owing or will owe compensation to the visitor. The visitor hereby transfers any neighbouring and/or copyright and/or portrait rights to the organization without any restrictions. Furthermore, the visitor irrevocably waives the right to invoke his/her personality rights.

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9.5 If (video) recordings are taken with security cameras during the event, the organization can hand them over to third parties, including the police and the judiciary, in the event of emergencies.

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Article 10 Final provisions

10.1 These general terms and conditions are governed exclusively by Dutch law.

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10.2 Any disputes, of whatever nature, that arise between a visitor and the organization as a result of (use or application of) these general terms and conditions and/or related agreements will be submitted exclusively to the competent court in Leeuwarden.