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General Conditions

By attending any of the events organised by Stichting Krea, you automatically agree to the General Conditions.


Article 1: When do these conditions apply? 

The General Visitor Terms and Conditions apply to every agreement between Stichting Krea and a Visitor (and the actions to implement that agreement). In addition, the General Visitor Terms and Conditions apply to anyone attending an Event, without the person concerned having directly or indirectly concluded an agreement with Stichting Krea.

 

Article 2: Definitions

The following definitions apply:

Visitor: the natural or legal person who in one way or another, directly or indirectly, as a visitor or otherwise concludes an agreement with Stichting Krea regarding the attendance of an Event to be organized by Stichting Krea or a Third Party;
Event: any performance and/or event that takes place at a Location;
Third party: the natural or legal person who is involved in any way, directly or indirectly, as the organizer of an Event;
Location: the place (building, site or fields) used by Stichting Krea for the Event;
Admission Ticket: a valid proof that gives the right to access an Event. An admission ticket may consist of a (physical or digital) document provided by or on behalf of Stichting Krea, with a digital code or just a digital code. The digital code is a unique code and can be read by a scanner. The admission ticket is the property of Stichting Krea;
(Advance) sales address: the (official) sales organization or pre-sales organization engaged by Stichting Krea to provide admission tickets.


Article 3: Admission tickets

3.1 When is the agreement concluded?

The agreement between Stichting Krea and the Visitor is concluded at the moment that the Visitor purchases an Admission Ticket for the Event organized by Stichting Krea.

3.2  The Admission Ticket

The Admission Ticket is issued once and entitles one Visitor to access the Event. An Admission Ticket does not give any right to access after the end of the relevant Event.

3.3  Holder: right of admission

The holder of the Admission Ticket who first shows the Admission Ticket at the start of the Event is granted access. Stichting Krea may assume that this holder is also the entitled party and is not obliged to investigate the validity of the Admission Ticket and/or the identity of the holder.

3.4 Loss, theft, damage or misuse

From the moment that the Admission Ticket is made available to the Visitor, the Visitor is at risk of loss, theft, damage or misuse of the Admission Ticket, etc.

3.5 Validity of the Admission Ticket 

Stichting Krea can only guarantee the validity of the Admission Ticket if the Admission Ticket has been purchased from Stichting Krea or a (Pre) sales address. The burden of proof rests on the Visitor that he has purchased the Admission Ticket from Stichting Krea or a (Pre) sales address.

3.6 Admission Ticket not received

Stichting Krea cannot guarantee receipt of the Admission Ticket. If the Visitor has not received an Admission Ticket, he must report this to Stichting Krea in good time before the Event. Timely means at such a stage before the start of the Event so that Stichting Krea can invalidate the purchased Admission Ticket and issue a new Admission Ticket. If the Admission Ticket has been purchased from Stichting Krea or a (Pre) sales address, the Visitor will receive a new Admission Ticket. The burden of proof rests on the Visitor that he has purchased the Admission Ticket from Stichting Krea or a (Pre) sales address. In the absence of proof, Stichting Krea is not obliged to provide the Visitor with a new Admission Ticket.

3.7 Maximum number of tickets 

Stichting Krea has the right to set a maximum to the number of Tickets to be ordered per Visitor. The Visitor is obliged to adhere to the set maximum.

3.8 Service costs

Stichting Krea or the (Advance) sales address is entitled to charge the Visitor a fee on top of the price for the Admission Ticket to cover the costs involved in the conclusion of the agreement (hereinafter: service costs).

3.9 Returns 

Tickets cannot be returned. The provisions of article 6: 230p sub e of the Civil Code apply to admission tickets.


Article 4: Sale and transfer of the Admission Ticket

4.1 Prohibition of resale

The Visitor is obliged to keep the Admission Ticket for himself and may not sell it in any way to third parties, offer it for sale or provide it for commercial purposes.

4.2 Prohibition of advertising

The Visitor may in no way advertise or make any (other) form of publicity in connection with the Event.

4.3 Transfer of Admission Ticket

A Visitor who gives his Admission Ticket to third parties for free (free of charge) and not for commercial purposes is obliged to impose the obligations set out in these General Visitor Conditions to the person to whom he transfers the Admission Ticket. The Visitor guarantees that the third party will fulfill these obligations.

4.4 Fine for violation (consumer)

If the Visitor is a natural person who does not act in the exercise of a profession or business (hereinafter: consumer), then the Visitor will be liable for an immediately due and payable fine of any obligation as referred to in this article € 1,000 per violation per admission ticket is due to Stichting Krea and € 250 for each day that the violation continues, with a maximum of € 15,000, without prejudice to the right of Stichting Krea to require the Visitor to comply with and/or reimburse the to claim damage suffered or to be suffered.

4.5 Fine for violation (non-consumer)

If the Visitor is not a consumer, then the Visitor will owe Stichting Krea an immediately payable fine of € 10,000 per violation per admission ticket and € 5,000 for each day that the violation continues, up to a maximum of € 40,000, without prejudice to the right of Stichting Krea to claim performance and/or compensation from the Visitor for the damage suffered or to be suffered.

4.6 Admission Ticket invalid

An Admission Ticket that has been or will be resold and/or used for commercial purposes can be invalidated by Stichting Krea in accordance with Article 6.1 of these General Visitor Conditions. An invalidated Admission Ticket does not (anymore) give the right to access to the Event.

 

Article 5: House rules of the Location

5.1 Good behavior

The Visitor is obliged to behave in accordance with public order, good morals and standards of decency. A Visitor is also obliged to follow the house rules and instructions of (security) employees of Stichting Krea. If the visitor in any way contravenes these standards, the house rules and/or instructions, the Visitor may be denied (further) access to the Location, without the Visitor being entitled to a refund of any compensation.

5.2 Identification

The Visitor may be asked by Stichting Krea to identify himself by means of identification or Admission Ticket, for example to check age in connection with the obligation not to provide alcohol to persons under the age of 18. If the Visitor is unable to show or refuse to show identification, he may be refused (further) access to the Location without the Visitor being entitled to a refund or any compensation.

5.3 Searching and checking baggage

The Visitor is obliged to cooperate with a search (including any checking of hand baggage carried) when visiting the Event. If cooperation is refused by the Visitor, the Visitor may be denied (further) access to the Location, without the Visitor being entitled to a refund of any compensation.

5.4 General house rules

The Visitor is prohibited, among other things:

Minimum age for concerts is 13 years; visitors under the age of 13 can gain access to the events if they are accompanied by an adult unless stated otherwise;

Identification is mandatory when requested by the staff, so always bring a valid ID;

Trading soft and hard drugs and the use of hard drugs is prohibited at any of the events organized by Krea;

Using or carrying objects classified as weapons and/or dangerous is strictly prohibited;

It is prohibited to trade in goods and/or to be guilty of stolen goods;

The management reserves the right to deny access to persons without a refund of entrance fees:

There may be a possibility that you will have to submit to a police check. This check is mandatory and established to protect everyone in connection with general safety:

Racist, sexist, insulting and/or discriminatory statements, sexual harassment, destruction and violence, in any form whatsoever, will not be tolerated;

Drunkenness or being clearly under the influence of other substances will not be tolerated;

It is prohibited to bring your own drinks with you to the events that offer catering on location;

Smoking is only allowed in the designated areas. Smoking outside the designated area can lead to immediate expulsion and possible (temporary) denial. Krea will recover any fines from the offender in question;

Complaints can be reported in writing to info@krea.today;

Instructions from personnel should be followed in the interest of your own safety;

Animals are not allowed;

Violations of the law can be reported to the police.

5.5 Camera surveillance

Stichting Krea may carry out camera surveillance at the Location, prior to, during and/or after an Event in connection with the protection of persons and property belonging to Stichting Krea and/or a Third Party. Camera images may be kept for a period to be determined by Stichting Krea and no longer than strictly necessary.


Article 6: Rights of Stichting Krea

6.1 Dissolution of the agreement

In the event of a breach by the Visitor of (one or more of) the provisions as referred to in these General Visitor Conditions, the Visitor will be in default by operation of law without further notice of default being required, and Stichting Krea is entitled to refuse the Visitor (further) access to the Event, for example by invalidating the Admission Ticket, without the Visitor being entitled to a refund of any compensation. An invalidated Admission Ticket does not give (any longer) the right to access the Event.

6.2 Denial of access to the Location

Stichting Krea is entitled to immediately notify the Visitor who, during or during one or more previous visits to the Location, has violated the rules of these General Visitor Conditions, or if there is any other justifiable fear of damage by the Visitor (further) access to the Location for an indefinite or definite period of time and to remove it from the Location.

6.3 Forged Admission Ticket

If it is plausible that the Admission Ticket has been forged, Stichting Krea is entitled to refuse the holder of this Admission Ticket (further) access to the Event and to invalidate the Admission Ticket, without the Visitor or the holder can claim any damage he suffers as a result.

6.4 Incidental drills and evacuation

Stichting Krea has the right to adjust the (regular) opening hours to incidental drills in the context of in-house emergency response or, in the event of a calamity, to vacate the Location in whole or in part, without the Visitor having the right to a refund of any compensation and/or damages.


Article 7: Force majeure

7.1 What is force majeure?

In addition to article 6:75 of the Dutch Civil Code, a shortcoming in the performance by Stichting Krea cannot be attributed to it in the event of Force Majeure. Force majeure also includes any circumstance independent of the will of Stichting Krea – even if this could be foreseen at the time of the conclusion of the agreement – that temporarily or permanently impedes the performance of the agreement, such as war, riots, action by the police and/or fire brigade, strike, transport difficulties, fire and other serious disruptions in Stichting Krea or third parties, weather conditions, non-functioning public transport, illness and/or cancellation of the artist (s), the bankruptcy of artists and/or organizer, nuisance and/or unlawful acts caused by third parties,

7.2 Right of Stichting Krea incase of force majeure 

In case of force majeure, Stichting Krea has the right to postpone the Event to another date or to cancel the Event.

7.3 Cancellation of Event

It is the Visitor’s responsibility to check whether an Event is canceled or rescheduled and what the new time or location will be. Although the Entrepreneur will try to inform the Visitor of the cancellation after the Entrepreneur has received the necessary information from the Third Party (s) and/or artist, the Entrepreneur cannot guarantee that the Visitor will be informed of the cancellation before the date of the Event. Entrepreneur is not responsible for any costs incurred.

If the Event is canceled by Stichting Krea, Stichting Krea will refund the Visitor the fee paid by the Visitor to Stichting Krea or the (Pre) sales address. Refunds will take place within twelve weeks after the canceled date at a (Pre) sales address, after the Visitor has handed over a valid and undamaged Admission Ticket for the (canceled) Event.

7.4 Relocation of Event

If the Event is postponed by Stichting Krea to another date, the Admission Ticket will remain valid for the new date on which the Event will take place. If the Visitor is unable or unwilling to attend the Event on the new date, he has the right to hand in his Admission Ticket at a (Pre) sales address against a refund of the fee paid by the Visitor to Stichting Krea or the (Pre) sales address. This refund will only take place if the Visitor submits a valid and undamaged Admission Ticket in good time. If the Event is moved to a later date, the Visitor can only claim a refund if he has handed in the Admission Ticket to the (Advance) sales address within four weeks after the rescheduled date on which the Event takes place.

7.5 Service costs and other damage

In the event of force majeure, only a Visitor who is a consumer and has purchased the Admission Ticket from Stichting Krea or a (pre) sales address is entitled to a refund of the service costs. Stichting Krea is not obliged to compensate other damage in the event of force majeure, even if Stichting Krea enjoys any advantage as a result of the force majeure. The Visitor cannot claim (replacement) access to another Event.


Article 8: Liability

8.1 Liability of Stichting Krea

Stichting Krea is only liable for property and/or consequential damage suffered by the Visitor or injury caused to the Visitor, which is the direct and exclusive result of intent or wilful recklessness of Stichting Krea and/or its subordinates. In addition, only damage for which Stichting Krea is insured is eligible for compensation. If no payment is made by the insurance, for whatever reason, then Stichting Krea’s liability is limited to €1,000 per event or series of related events.

8.2 Exclusion of damage

The liability of Stichting Krea is excluded for, among other things:

1. damage as a result of the actions of third parties, including tenants of (areas in or parts of) the Location and the persons engaged by these third parties;

2. damage as a result of non-compliance with instructions given by (security) employees of Stichting Krea and of non-compliance with the house rules or generally applicable rules of decency;

3. (consequential) damage as a result of unforeseeable changes in the start and closing times of the Events to which the agreement between Stichting Krea and the Visitor relates;

4. damage in any way caused by other visitors.

8.3 Offers and announcements

Offers, (program) announcements, announcements, or information and quotations provided by Stichting Krea or a third party about an Event in any other way are without obligation. Stichting Krea is not liable for any errors made by Stichting Krea or third parties in announcements, offers, communications, or otherwise provided information and quotations, or for errors made in the (pre) sale of tickets by third parties, including the (Advance) sales addresses.

8.4 Content and quality of the Event

Stichting Krea is not liable for the content and the manner (quality) of execution of the program of the Event (explicitly including changes in and the length of the program).


Article 9: Cloakroom conditions

9.1 Use of the cloakroom 

Stichting Krea may charge a fee for the use of a cloakroom or locker. Stichting Krea may refuse to hand over objects. The basic principle is that only coats, scarves, bags, hats, helmets and umbrellas are accepted.

9.2 Receipt

One receipt is issued for each item delivered. Objects are only returned upon submission of this receipt.

9.3 Total value maximum of € 150

Stichting Krea will not enter into a custody agreement for objects (including contents) with a (total) value higher than € 150. Objects (including their content) with a (total) value higher than € 150 may not be left at the cloakroom. The person who makes use of the cloakroom guarantees that the value of an object to be handed over does not exceed € 150 and cannot, therefore, hold Stichting Krea liable for loss or damage to an amount higher than € 150.

9.4 Limitation of liability

Stichting Krea’s liability is at all times limited to € 150 for each item (including contents) delivered to the cloakroom. Stichting Krea is not liable for any damage other than damage to or in connection with the loss of an object itself, and therefore not for indirect and/or consequential damage.

9.5 Indemnification

A Visitor who hands over an object to the cloakroom indemnifies Stichting Krea against damage caused by the (content of) the object delivered.

9.6 End of storage

Issued objects will be kept by Stichting Krea exclusively for the duration of the Event. The Visitor is obliged to collect items left with the cloakroom from Stichting Krea before leaving the Location and upon failure, Stichting Krea is entitled not to return them. Every custody agreement ends at the moment of closing the Location, following the deposit of the object.

 

Article 10: Personal data

The personal data of the Visitor registered by Stichting Krea or (Advance) sales addresses in connection with the issuing of an Admission Ticket, will be included in Stichting Krea’s records and, if necessary, also provided to the relevant partner (s) when Event. Stichting Krea processes personal data in accordance with applicable laws and regulations and in accordance with its privacy policy, which can be found on Stichting Krea’s website.


Article 11: Final provisions

11.1 Additional conditions

Stichting Krea may declare additional conditions and/or regulations, such as event-specific house rules, applicable to these General Visitor Conditions.

11.2 Invalidity

The nullity of any provision of these General Visitor Conditions does not affect the validity of the other provisions.

11.3 Refusal of other general terms and conditions

The applicability of general terms and conditions of the Visitor expressly rejects Stichting Krea.

11.4 Dutch law

These General Visitor Conditions and the agreement between the Visitor and Stichting Krea are governed by Dutch law.

11.5 Choice of forum

All disputes arising from an agreement between Stichting Krea and the Visitor will be settled exclusively by the competent court at the registered office of Stichting Krea, unless expressly provided otherwise by law.

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