CHAPTER 1 – GENERAL
ARTICLE 1 – DEFINITIONS
“General Terms and Conditions”: These general terms and conditions, which apply to every legal relationship between a Visitor and WeContent with regard to the visiting of the Festival 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 the Festival, or the person who buys a product and/or service (of Third Parties) related to The Festival, 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;
“Third Party(s)”: Every party that sells a product or provides a service related to the Festival, not being WeContent;
“Festival”: Any Festival, single- or multiday, in- and/or outside – including a festival and any associated camping facilities – organised by WeContent in Romania its own expense and risk and for which this Organiser uses these terms and conditions in relation to Visitors;
“Online” in relation to the Festival means you attend by viewing the Festival over the Internet;
“Organiser”: The company related to the Festival as referred to in Article 2.2, that is user of these General Terms and Conditions, in relation to the Visitor for whom this company is responsible in every respect and the contracting party of the Visitor. WeContent has activities of its own, such as the Website and/or Festival.
“Ticket”: An admission ticket that provides the Visitor the right to attend the Festival. The ticket is digital with a barcode; “Website”: Each website of WeContent as exploited and offered by the legal entity concerned, on which the Visitor can find information about a Festival 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 the Festival 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, by visiting the Festival with a Ticket and/or by 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 WeContent is WeContent Events SRL with headquarters registered in Pantelimon, Ilfov County, 14 Sovata Street, Romania, VAT code RO41327760, and can be reached between 9:00 am and 5:00 pm by telephone on +40 212.047.605 and by email at: info@wecontent.eu.
2.3 WeContent refers to the general terms and conditions on the Ticket of the Festival. The Visitor can also access the General Terms and Conditions at the moment of entering the Festival, as these General Terms and Conditions – or at least an excerpt thereof – will be made available at the entrance of the Festival.
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 WeContent. The legal relationship between WeContent and a professional contracting party is subject to alternative terms and conditions.
ARTICLE 3 AMENDMENT OR ADDITION TERMS AND CONDITIONS
3.1 WeContent is at all times entitled to amend or complement the General Terms and Conditions. The amended version will be published, in that case, 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, WeContent will either notify the Visitor of the amended terms and conditions by way of email or by clearly bringing it to the Visitors attention during the visit of the Festival and/or the Website.
3.2 If the Visitor visits the Festival and/or purchases a Ticket or products and/or services (of Third Parties) on the Website after 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 Festival(s) or the purchase of the Tickets or products and/or services (provided by Third Parties) on the Website.
CHAPTER 2 VISITING FESTIVALS
ARTICLE 4 TICKET
4.1 Live access to the Festival is only obtained by showing a valid Ticket with an undamaged barcode. People wishing to enter the Festival may be requested and will then be obliged to show proof of identity due to checks on the age limit (if applicable). In the Festival, after entry, the Visitor leaves the Festival or its location, the Ticket will automatically lose its validity.
4.2. For online access to the Festival, after the purchase of the ticket, the visitor will receive a code for the authentication on WeContent’s website, 24 hours before the first day of the Festival. WeContent will stream the Festival available online live over the Internet on the date and at the time advertised.
4.2 People younger than 18 will simply be refused to entry to the Festival, unless explicitly otherwise determined by WeContent, for example in case a different legal drinking age is used, in which case WeContent will not be obliged to refund the amount of the Ticket.
4.3 The Ticket gives the holder the right to attend the Festival. Access is given only to the first holder of the Ticket scanned at the entrance of the Festival or access of the website. WeContent may presuppose that the holder of this Ticket is also the person who has a right to it. WeContent 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 WeContent 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 WeContent reserves the right to set a maximum number of Tickets that can 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 WeContent 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 Festival 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. WeContent 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. WeContent cannot be held liable if 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.
WeContent does not accept any liability for any losses or claims arising from any inability to access the website, any interruption or any failure to complete a transaction, in case of online access of the Festival.
ARTICLE 5 DEPOSIT
In case a deposit is required, the Visitor who purchased the Ticket and paid the deposit will receive the information regarding the payment term for (full) payment of the entrance fee as soon as possible. WeContent will send the Visitor an email at the email address known to it. If the Visitor has not fulfilled the other financial obligations within the period stated by WeContent (at least 7 days), the Visitor will be in default by operation of law. If the Visitor has not paid the full remaining amount to WeContent on time, they are not entitled to a refund of the amount already paid.
ARTICLE 6 PROHIBITION AGAINST RESALE, ETC.
6.1 Tickets for the Festival may not in any way be resold by the Visitor in the context of commercial purposes.
6.2 WeContent may appoint an authorized resale platform (e.g., an additional official sales channel) for Tickets for the Festival, which could be an online secondary ticket marketplace. Reselling Tickets on any sales channels other than the ones appointed by WeContent is strictly forbidden. Access to the Festival may be refused for a Visitor holding a Ticket purchased from an unauthorized source. WeContent cannot be held liable, nor can any damages be claimed resulting from the sale or purchase of a Ticket (including the validity of a Ticket) for the Festival via any sales channel.
6.3 The Visitor is not allowed to make any type of advertising or any other kind of publicity relating to the Festival or any part of it.
6.4 The Visitor who transfers on 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 to WeContent for the compliance of this person with the same obligations.
6.5 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 WeContent 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 WeContent’s additional right to demand compliance from the Visitor and/or compensation of loss suffered or to be suffered.
6.6 Should the Visitor not comply with the provisions of these General Terms and Conditions, WeContent is entitled to invalidate/cancel the Tickets or refuse the Visitor (further) access to the Festival without the Visitor being entitled to reimbursement of the amount that he has paid WeContent, 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 Festival, without any right to compensation.
ARTICLE 7 SEARCHES AND CAMERA SURVEILLANCE
7.1 WeContent is entitled to search or arrange for Visitors to the Festival to be searched before entering and/or during the Festival. If the Visitor refuses to be searched, he may be refused entry to the Festival or may be immediately removed from the Festival, without any right to a refund of the amount of the Ticket.
7.2 Cameras that make recordings of the area/the venue where the Festival takes place, may be available, for the purpose of surveillance and safety.
ARTICLE 8 PROHIBITED ITEMS
8.1 At the risk of confiscation, a Visitor may not bring, either for himself or another person – or have in his possession – at the Festival 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 (among others drugs that are listed on list I and II of the Opium Act), 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 Festival. The venue of the Festival may apply other and/or additional policies which apply to this article and the Festival, which in that case also applies to the Festival. Confiscated items will not be returned.
8.2 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 Festival and/or handed over to the police. WeContent has the right to destroy the confiscated items.
ARTICLE 9 REFUSAL OF ENTRY
WeContent reserves the right to refuse specific people entry or further access to the Festival or to remove them from the Festival and/or hand the Visitor over to the police if it deems this necessary for maintaining public order and safety during the Festival 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 WeContent, may be offensive, discriminating, insulting to or cause aggression or unrest among other Visitors or does not comply with dress code as specified by WeContent, as well as to undressing during the Festival (including but not limited, for instance, to exposing the upper part of the body). Even if a Ticket is likely to be counterfeit, WeContent is entitled to refuse to admit the holder of this Ticket to the Festival 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 10 FILM AND VIDEO IMAGES
10.1 Recording the Festival 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 program booklet, posters and other printed materials is not permitted without the express, prior, and written consent of WeContent.
10.2 In the Festival registrations have been made of part of the Festival 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 11 OWN RISK /LIABILITY
11.1 The Visitor enters the Festival venue, which may include any car park and/or camping site(s) and shuttle buses that are used to transport Visitors to the Festival’s entry point, and attends the Festival at his own risk. WeContent cannot be held liable for any damage which the Visitor has suffered in this regard.
11.2 The Visitor is expressly aware that loud music will be played during the Festival. WeContent advises Visitors to occasionally give their hearing a rest during the Festival by going to an area where no music is being played and to wear ear protection at all times. WeContent 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 Festival.
11.3 WeContent is solely liable for damage to the Visitor resulting from a shortcoming attributable to WeContent. The total liability of WeContent 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 WeContent.
11.4 Liability of WeContent for indirect damage, including consequential loss, intangible damage, loss of profits, lost savings and / or damage due to company stagnation is excluded.
11.5 The Visitor is obliged to report any damages to WeContent within 48 hours of the Festival via the email address as referred to in Article 2.2, on penalty of expiry for any claim of damages.
11.6 In the Festival, WeContent directly or indirectly engages subordinates, non-subordinates, assistants, third parties or other persons for the performance of the agreement, any liability of WeContent are excluded and he is not liable for damages caused by these persons.
11.7 The Visitor shall indemnify WeContent 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 WeContent for any damage, including all legal costs incurred by WeContent, resulting from any claim from those third parties.
11.8 The Visitor acknowledges that shall not be entitled to and shall not claim a refund other than by strict compliance with this T&C and the law.
ARTICLE 12 PROGRAMME
12.1 WeContent will aim for the Festival programme to be carried out in accordance with the announced schedule as far as possible. It is however not liable for deviations from this schedule and any resultant damage to Visitors and/or third parties. WeContent is not liable for the content of the Festival programme or how it is performed, expressly including the length of the programme/ performances by artists. The starting time mentioned on the Ticket is subject to change.
12.2 In case a speaker cannot arrive at the Festival for any reason, WeContent can replace the speaker with another, either at keynote speeches or at the workshop. WeContent will not be liable for this change in the line-up or structure of the program and WeContent is not obliged to refund the admission fee as mentioned on the Ticket.
ARTICLE 13 FURTHER RULES
13.1 The Visitor to the Festival is obliged to comply with the regulations, internal rules, any amendments thereof and the instructions of WeContent, the transport firm that runs the shuttle bus, the operators of the parking space, the operators of the Festival venue, the security staff, fire brigade, police and other authorised parties. Security cameras may be present at the Festival venue.
13.2 If the Visitor fails to comply with an order or breaches a rule prohibiting certain behavior, he will be immediately removed by the security staff.
13. 3 Specific rules may apply to the site or venue of any Festival and will be announced or published on site. If possible, these rules will also be published in advance on the Website.
13.4 For the online Festival, the Visitor is responsible for ensuring that he has the necessary equipment and Internet connection to watch the Festival and WeContent is not responsible for the Visitor inability to watch any part of the Festival due to the failure or your equipment or problems with Internet connectivity.
13.5 WeContent may interrupt or delay transmission of the live online Festival for short periods of time due to technical difficulties. Also, WeContent may postpone the live online Festival to another date and time due to technical difficulties. The visitor will not be entitled to a refund for any delay or postponement.
13.6 Alcoholic beverages will not be sold to Visitor under the age of 18 during the Festival.
ARTICLE 14 CANCELLING OR MOVING THE FESTIVAL IN CASE OF FORCE MAJEURE
14.1 In case of force majeure in the broadest sense, which in this regard also includes the illness and/or withdrawal of the artist(s), strikes, pandemics, terrorist threat, decision to cancel by the competent authority, fire, bad weather conditions, etc., WeContent will be entitled to move the Festival to another date or location or to cancel the Festival.
14.2 WeContent will not be responsible for damage arising from moving or cancelling the Festival, as referred to above. If the Festival is moved or cancelled, as referred to above, WeContent will publicise this fact as far as possible in the manner that it deems appropriate, including among others through mentioning the applicable terms for a refund on the Website or for the voucher for the next Festival. WeContent is only obliged in case of full cancellation to refund the admission fee as mentioned on the Ticket or to offer a voucher for the next Festival, to the Visitor at his request and choice. The refund of the admission fee does not include the service fees and any incurred travel and accommodation costs. This applies only if the Ticket was bought by the Visitor at the authorized (pre)sale addresses of WeContent and is not applicable if the Visitor bought the Ticket at any other sales platform, including but not limited to online secondary ticket marketplaces.
14.3 The (partial) refund will only be made, within a reasonable period after the date of the cancelled Festival, if the Visitor produces a valid, undamaged Ticket which proves that it was bought by the Visitor, in the manner stipulated and announced by WeContent (or the party that processed the Ticket payment) by means of channels that it will announce.
14.4 If the Festival has to be cancelled due to or in connection with force majeure, after the first day of the Festival, WeContent will be required to refund or a voucher for a next Festival, only for a part of the fee as specified on the Ticket, or, failing that, only a part of the amount of the Ticket that the Visitor has paid via the authorized (pre)sale addresses. Service fees or other damages will not be refunded. Neither is the Visitor able to claim (replacement) access to a different Festival.
14.5 If the Festival is rescheduled by WeContent due to force majeure, the Ticket will remain valid for the new date that the Festival is moved to. If the Visitor is not able to attend the Festival on the new date, he is entitled to submit his Ticket at the (pre) sale address against refund or voucher of the amount of the Ticket (excluding service fees) that the Visitor has paid via the authorized (pre)sale addresses. This refund or voucher will only take place if the Visitor is able to deliver a valid and undamaged Ticket on time to the (pre)sale address, as specified on the Website.
ARTICLE 15 IMAGE AND SOUND RECORDINGS
15.1 The performers and/or WeContent is for commercial purposes authorised to make or arrange for image and/or sound recordings to be made of the Festival and the Visitors to the Festival and to reproduce and/or publicise or arrange for the publication of these recordings in any form and in any manner. By obtaining a Ticket to the Festival and/or entering the Festival venue, the Visitor unconditionally consents to the aforementioned recordings being made and to the processing, publication and use thereof, in the broadest sense, without WeContent or any of its affiliated companies being liable to pay any compensation to him at any time.
15.2 The Visitor hereby irrevocably renounces any interest that he could have in the recordings. Insofar as the Visitor has any copyright, neighbouring rights and/or portrait rights to the aforementioned recordings, he hereby unreservedly assigns these rights to WeContent and hereby irrevocably renounces his personality rights and/or will not invoke these rights. In the Festival this transfer is not legally valid in advance, the Visitor is obliged at first request of WeContent to give written notice of said permission and/or sign a deed of transfer to transfer these rights for free to WeContent.
ARTICLE 16 SMOKEFREE FESTIVAL
16.1 It is not permitted for the Visitor to (e)smoke anywhere on the Festival that is organised by WeContent on an inside location. If the Festival takes (partly) place outside, (e)smoking is only permitted in the open air. Inside (in (temporary) buildings, constructions, tents and/or under a roof) (e)smoking is explicitly prohibited on any Festival. WeContent will take reasonable steps to make Visitors aware of the smokefree nature of the Festival but cannot warrant that the Festival will be entirely smokefree. The Visitor will not be entitled under any circumstances to a refund of the amount of the Ticket or to any other compensation if the Festival is not entirely smokefree.
16.2 If a ban or command on smoking is breached, the security staff can to the extent possible immediately remove the Visitor insofar as possible and any fines imposed on WeContent because of the Visitor’s breach will be recovered from the Visitor.
ARTICLE 17 TOKENS
Tokens purchased during the Festival will only be valid for that Festival. WeContent is not obliged to refund the purchase price of tokens after the Festival. The Festival can use different methods, such as a cashless system. If the Festival venue uses different methods, the general terms and conditions of the Festival venue will apply with regard to payment options during and after the Festival. These conditions may differ from what is stated in this article of the General Terms and Conditions.
ARTICLE 18 ELECTRONIC PAYMENT INSTRUMENT
During the Festival, WeContent can, make use of an ‘open loop’ and/or ‘closed loop’ electronic payment system for the consumption done by the Visitor, among others by (also) using debit or credit card transactions instead of (or next to) tokens or coins. In the Festival the Visitor wishes to pay with cash, WeContent can offer a ‘closed loop’ system. The Visitor can use cash at a cash register at the Festival to place credit on a payment card specifically created for that Festival. During the Festival, no refund to the Visitor (“Refund”) of the value of any remaining credit on this payment card (“Remaining credit”) will take place. The Remaining credit can be Refunded only once to the Visitor after the Festival. The Visitor needs to request WeContent for a Refund of the Remaining credit within two weeks after the Festival, unless stated otherwise. After this period, the Visitor loses the right to a Refund of the Remaining credit. All necessary information regarding (the application of) the Refund, can be read on the Festival Website. Performing a Refund entails costs and WeContent reserves the right to impose these costs on the Visitor. These costs are expressed on the Festival Website. The payment card should remain after the Festival in the possession of the Visitor since with this payment card the Remaining credit will be determined. In case of loss or possible theft of the payment card a Refund of any Remaining credit is not possible. WeContent is never liable for any loss and/or theft of the payment card.
ARTICLE 19 LOCKERS
WeContent has the choice to provide the Visitor the possibility to rent a locker at the Festival. A locker is a storage area for objects, clothes, bags, cash and/or securities of the Visitor, for which the Visitor will receive a personal code. With this code, the Visitor can open and close the locker. On the use of the locker by the Visitor additional general terms (of a third party) may apply, to which general terms the Visitor agrees at the time of renting the locker. WeContent will not be liable for loss and/or theft and/or use by another of the personal code. Therefore, the Visitor should always keep the code for himself, and the Visitor is recommended to not store any valuables in the locker.
CHAPTER 3 THE PURCHASE OF TICKETS AND PRODUCTS AND/OR SERVICES OF THIRD PARTIES
ARTICLE 20 PURCHASE OF TICKETS
20.1 If the Visitor purchases a Ticket for a Festival of WeContent, the payment for this Ticket will usually be handled for WeContent by a third party, such as Tickera and Stripe. This third party may apply its own terms and conditions which are applicable to the payment and delivery of the Ticket. WeContent is not responsible for the content of these terms and conditions.
The Ticket will be delivered by WeContent by e-mail to the Visitor.
20.2 WeContent 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. 20.3 The Visitor cannot return the purchased Ticket, no refund and/or no exchange of Tickets will be entertained under any circumstances. By purchasing a Ticket, the Visitor enters into an agreement with WeContent to perform a service for leisure activities – the Festival – whereby the contract includes a specific point in time for performing the service, namely the specific date and time of the Festival. Prior to purchasing a Ticket, the Visitor is informed about the exclusion of the right of withdrawal via the Website.
ARTICLE 21 CONDITIONS FOR AGREEMENTS WITH THIRD PARTIES
21.1 Via the Website products and/or services of Third Parties are offered that relate to the Festival, 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 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.
21.2 Although WeContent chooses Third Parties with due care, WeContent is not a party to any agreement between the Visitor and the Third Party. The Visitor indemnifies WeContent against any claim for costs or damages that may arise from an agreement between the Visitor and Third Party.
ARTICLE 22 TRIPS, TRANSPORT AND AIRLINE TICKETS
22.1 The Visitor may be offered trips for booking Tickets for domestic and foreign Festivals via the Website, which will be booked and handled by Third Parties. When purchasing such a trip, the Visitor enters into a transport agreement with this third party. Although WeContent chooses the Third Parties with care, it is not a party to any agreement between the Visitor and the Third Party.
22.2 The Visitor indemnifies WeContent against any claim for costs or damage that may arise from an agreement between himself and the Third Party. Any applicable General Terms and Conditions of the Third Party may always be requested on the website of this third party.
ARTICLE 23 OFFERS MADE BY STANDHOLDERS AT AN FESTIVAL
The Visitor to the Festival of WeContent may be offered products and/or services at that Festival by Third Parties with a stand, such as food or beverages, merchandise items or other products such as sunglasses or clothing, or by providers of (fairground) attractions. Although WeContent chooses these Third Parties with care, it is not a party to any agreement between the Visitor and the Third Party. WeContent will not be liable under any circumstances for any damage arising from the purchase or procurement of a product or service by the Visitor, including a (fairground) ride of the Third Party. The Visitor indemnifies WeContent against any claim for costs or damage that may arise from an agreement between himself and the Third Party. Any applicable general terms and conditions of the Third Party may be requested from this third party.
ARTICLE 24 REFUNDS
24.1 This part of the T&C is more relevant to the unfortunate situation when a Festival has to be postponed, cancelled or substituted with another Festival for whatever reason.
24.2 WeContent may cancel a Festival for any reason whatsoever by written notice to you. If any Services, or specifically the Festival, are postponed or cancelled by the Organiser, an official notice shall be placed in the media and/or on this Website by WeContent in that respect. In the unlikely situation of cancellation of an Event, WeContent assumes no responsibility for any loss or damage as a result of a substitution, alteration, cancellation or postponement of a Festival. WeContent shall assume no liability whatsoever in the circumstances that a Festival is cancelled, rescheduled or postponed due to a force majeure (as referred in article 14) or fortuitous situation, unforeseen occurrence or any other Festival that renders performance of a Festival impracticable and impossible. For purposes of this clause, a fortuitous Festival shall include, but not be limited to fire, pandemic, labour strike, extreme weather, or other emergencies.
24.3 WeContent shall have no other liability or obligations for any other costs, expenses, losses, damages or liabilities which may be incurred or suffered by the Visitor as a result of such cancellation.
24.4 For the avoidance of doubt, WeContent doesn’t accept any refund as a result of your late registration or withdrawal from the Festival.
CHAPTER 4 FINAL PROVISIONS
ARTICLE 25 FURTHER USER RULES
25.1 Visitors of the Website are at all times obliged to comply with the regulations, any amendment of the regulations and any instructions and user rules of WeContent as published on the Festival venue and/or camping site and/or the Website.
25.2 Insofar as the Visitor of the Website does not comply, does not comply fully and/or does not comply on time with the user rules, WeContent may, depending on the specific circumstances, suspend its obligations, terminate the agreement without being liable to pay any compensation, or claim specific performance.
ARTICLE 26 INFORMATION ON THE WEBSITE
Although WeContent pays great care and attention to the provision of information on the Website, it cannot give any guarantee in relation to the nature and content of the information and is in no way liable for the content and consequences of using that information. Insofar as there are hyperlinks on the Website to offers, products, material or the website of a Third Party, WeContent is neither responsible nor liable for the functioning of that hyperlink, the access to or content of the information of such a website.
ARTICLE 27 FORCE MAJEURE
Notwithstanding its possible other rights, WeContent is entitled in case of force majeure to postpone the performance of any agreement or to terminate it out of court, without being liable to pay any compensation. Force majeure includes any breach that cannot be attributed to WeContent, because it is not accountable by law, a legal act or according to generally accepted standards.
ARTICLE 28 LIABILITY
28.1 WeContent will not be responsible under any circumstances towards the Visitor or third parties for errors, limited information, or details on any Website except in case of intent or willful recklessness towards the Visitor. WeContent or Third Parties involved in the performance of any service or agreement will not be liable under any circumstances for damage, costs, lost profits, losses, consequential damage, loss of privacy or loss of data for any direct or indirect use or functioning of the Website.
28.2 WeContent expressly does not warrant the Visitor that the Website, parts thereof or functions pertaining thereto will always function flawlessly, function according to the description or be available for use. Because of the internet connection, the resultant link to many unknown third-party internet users and possible attacks by hackers or others, WeContent can likewise not warrant that the Website or the server that it uses will always be free of viruses, bugs or other faults or defects. The Visitor should also take reasonable measures himself to ensure that his computer is protected against viruses and the like.
28.3 WeContent will not be liable under any circumstances for the Visitor following any link or hyperlink to a Third-Party website or for the Visitor entering into any agreement with this Third-Party. WeContent will likewise not be liable under any circumstances for the messages posted by others on any forum or via any social medium that cause material or immaterial damage to the Visitor in any way.
28.4 WeContent cannot be held liable for theft and/or loss of properties of the Visitor at the Festival venue and/or camping site.
ARTICLE 29 PERSONAL INFORMATION
WeContent uses 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. Earlier mentioned privacy statement is available on the Website.
ARTICLE 30 INTELLECTUAL PROPERTY RIGHTS
30.1 Everything that is made available on the Website, social media and during the Festival or which belongs thereto, including music files, artists’ names, label names, streaming, downloads, software, designs, drawings, logos and trademarks forms part of the intellectual property of WeContent or any licensor thereof by law or on the basis of an agreement.
30.2 The Visitor must always recognise these intellectual property rights 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.
30.3 The provisions of the Romanian intellectual property laws always apply fully to any use and take precedence over these user rules:
- the Visitor may only make normal private use of a product after he has paid for it in the normal way indicated on the Website. Any act of the Visitor which circumvents, changes, or otherwise avoids the method of payment is prohibited. The Visitor may not otherwise reproduce, alter, upload, play in public, display, make available to third parties, perform, sell, resell, misuse, etc. a download or any other material from the Website as all these acts are reserved for the entitled parties. The Visitor may not adjust, circumvent, decrypt, encrypt or disrupt any software, files, or payment procedures.
- the Visitor is allowed to make normal use of any product file that he has lawfully purchased, according to the procedures indicated on the Website. It is permissible to make a private copy, create a copy on another computer of music and other files that have been downloaded and purchased according to the rules, but only for personal and non-commercial use. Making copies available to third parties is not allowed under any circumstances.
- the security method as applied to software also explicitly belongs to the protected portions of the Website.
- the delivery of any file purchased by the Visitor does not entail any assignment or licensing of a right to the Visitor to promote or exploit that file.
30.4 If it is established that a Visitor has breached the statutory rules, WeContent is within its rights to inform the entitled party hereof, which can then institute legal action against the Visitor.
ARTICLE 31 COVID Safe Plan – face to face Festival
31.1 The Festival will be held in accordance with a COVID Safe Plan. The Visitor agrees to comply with that plan at the Festival. If the Visitor fails to comply with the Plan, the Visitor agrees to leave the Festival immediately at the request of WeContent staff member or venue staff member.
31.2 If the Visitor leaves under these circumstances, he will not be entitled to a refund of any part of the Ticket. WeContent will not be responsible for any travel or accommodation costs, or fees incurred by you in relation to the Festival or as a result of you leaving the Festival early.
ARTICLE 32 CONVERSION OF THE LIVE FESTIVAL ONLY TO ONLINE FESTIVAL
32.1 The live Festival cand be converted to online Festival no less than 24 hours’ notice or to cancel the Festival if WeContent determines that it is unable to hold the Festival face to face for any one or more of the following reasons:
- State or national border closures
- Restrictions on movement of persons imposed on persons by any responsible authority in Romania
- The inability or refusal of one or more presenters or WeContent team members to attend the Festival
- it is unsafe to hold the Festival face to face for any reason.
32.2 If WeContent converts the live Festival to online Festival, WeContent will not be responsible for any loss or damage the Visitor suffers as a result, including any travel costs relating to the Festival and the Visitor will not be entitled to a refund as a result of the conversion. However, WeContent offers to the Visitor the possibility to refund the ticket bought for the live Festival or to ask for a voucher for the next Festival.
ARTICLE 33 REPLACEMENT CLAUSE
If and insofar as any provision of these General Terms and Conditions is inconsistent with any statutory rule, this will not affect the other provisions of the General Terms and Conditions. The provision in question will cease to exist and be replaced by a provision that approximates the original one as closely as possible as regards content and nature and which is permitted by law.
ARTICLE 34 APPLICABLE LAW AND JURISDICTION
Romanian law applies to these General Terms and Conditions. The Romanian courts have jurisdiction to take cognisance of disputes relating to these General Terms and Conditions, an agreement, or the performance thereof, unless another court has jurisdiction pursuant to the law.
ARTICLE 35 ALTERNATIVE DISPUTE RESOLUTION REGARDING ONLINE PURCHASE
In the Festival there is a dispute between the Visitor and WeContent regarding an online purchase and the Visitor and WeContent are unable to resolve the dispute amicably, the Visitor has the right to file a complaint against WeContent at the National Authory for Consumer Protection, address: Bucharest, 72 Aviatorilor Boulevard, District 1, via this link http://reclamatii.anpc.ro/Reclamatie.aspx. The Visitor can also use the consumer phone number 021/9551.