Chapter 1: General
Article 1: Backdoor Events B.V. and these general terms and conditions
1.1: These general terms and conditions will be used by Backdoor Events B.V. and will be consistently referred to hereinafter as the Backdoor company. The Backdoor company uses these terms and conditions in dealings with consumers, makes them available on its Website and sends them free of charge at the request of an interested party.
1.2: The Backdoor Events B.V. company has its registered office at PrinsBernhardplein 142, 1097 BK Amsterdam, the Netherlands. The Backdoor company can be reached via the e-mail address firstname.lastname@example.org .
1.3: These general terms and conditions apply among online visitors to the website or app of the Backdoor company. These terms and conditions also apply to visitors of any Event organized by the Backdoor company. Both types of visitors are covered by the definition of ‘Visitor’. The Visitor may also be the natural person and consumer who enters into a purchase contract with the Backdoor company that is governed by the rules of Book 7 of the Dutch Civil Code on consumer sales, Section 227a and b, Book 6 of the Dutch Civil Code on the formation of electronic contracts and Section 46a, Book 7 of the Dutch Civil Code on distance purchase contracts.
Article 2: Disclosure and application of these general terms and conditions
2.1: These terms and conditions will be sent to anybody free of charge on request. Such a request can be submitted by e-mail to email@example.com .
2.2: These general terms and conditions are available electronically on the Website and the Visitor can save them for subsequent examination as referred to in Section 243(2), Book 6 of the Dutch Civil Code.
2.3: The Website of the Backdoor company clearly states the address and contact details of the Backdoor company that is responsible for the content of its Website.
2.4: The Backdoor company also refers, where reasonably possible, to the general terms and conditions on an admission ticket for an Event. The Visitor can also take note of the general terms and conditions when entering an Event, where these terms and conditions – or at least an extract thereof – are visible at the entrance.
2.5: When purchasing a product or procuring a service via a Website or app and when registering as a Visitor on the Website or via an app, the Visitor will be able to take note of the general terms and conditions before entering into an electronic contract.
Article 3: Definitions
‘General terms and conditions’: These general terms and conditions apply to every legal relationship between a consumer (hereinafter: the Visitor) and the Backdoor company with regard to the matters governed by these terms and conditions. They form an integral part of all agreements relating to the purchase, donation and supply of products and services via the Website. The general terms and conditions apply in accordance with the provisions of Sections 231-234, Book 6 of the Dutch Civil Code. These general terms and conditions comply with the legislative requirements for distance purchase contracts.
The website or app of the Backdoor company, as operated and presented by that legal entity, to which these general terms and conditions apply and on which the following can be offered, whether or not in return for payment: news, campaigns, prize questions, competitions, information, downloads and streams, merchandise, CDs, a forum or social network, and on which various third-party services may be offered with regard to the sale of tickets, transport tickets, hotel rooms or other services and products.
Services and products of third parties that are offered on or via the Website or app, which is visible to the Visitor by clicking through to a page of this third party within the Website or by means of a hyperlink to a subsequent webpage or via an app, to which the general terms and conditions of the relevant provider of the services and products always apply in relation to the Visitor and must be accepted by the Visitor before a product or service is purchased.
The visitor to the Website and/or an Event, the user of an app exploited by or on behalf of the Backdoor company, or the purchaser of a Product on the Website or via an app, according to the meaning of the provisions of these 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, and is the party designated by law as the ‘other party’ in Section 231(c), Book 6 of the Dutch Civil Code.
Any event organized by the Backdoor company in the Netherlands at its own expense and risk and for which this Backdoor company uses these terms and conditions in relation to Visitors.
A product that is offered by the Backdoor company to the Visitor on the Website or via an app which may consist of a digital (non-physical) product such as a Download, Stream or an e-ticket, or a Merchandise product that is ordered online but physically sent to the Visitor.
A physical product, such as an item of clothing, bearing a trade mark, name, logo or any artist’s name of or under the control of the Backdoor company, or a physical CD or DVD/BluRay (i.e. a physical sound or image carrier), which is purchased via an online web shop or an app of the Backdoor company and sent by ordinary post to the Visitor, to which purchase certain specific terms and conditions apply.
A digital file – usually a music or video file – which is received from the Website or via an app by the computer of the Visitor, at his request, via an internet connection, and which is normally offered in exchange for payment by a Website or an app in MP3 format with a minimum of 192 Kbps.
Listening, playing and/or viewing of a file by the computer of the Visitor via an internet connection, without that file being transferred to the Visitor’s computer.
Article 4: Amendment of terms and conditions
These general terms and conditions may be amended from time to time. An amended version will then be published on the Website and filed at the Chamber of Commerce. The amended terms and conditions will apply from the publication date. If the Visitor does not wish to accept the amended terms and conditions, he must immediately stop using and visiting the Website or purchasing products and/or services from the Backdoor company.
Chapter 2: Privacy Provisions And Visitor Registration
Article 5: Privacy provisions
5.2: The Backdoor company processes the personal data of the Visitor in accordance with the European General Data Protection Regulation (GDPR). The Backdoor company respects the privacy of every Visitor and ensures that the personal data of the Visitor are treated confidentially and with care.
Article 6: Third-party services and privacy
6.1: Services or purchases are sometimes offered by third parties on the Website or app of the Backdoor company, for which the Visitor clicks through to that third party’s website. Chapter 5 (‘Conditions for services or products to be supplied by third parties’) of these general terms and conditions apply in this regard. The Visitor can normally see from the ‘current page’ status on his screen whether he is linked through to a third-party website.
6.3: If the Visitor is asked to enter details on such a third-party website, this will be done at his own risk and the privacy regulations and general terms and conditions of that third party, which will be mentioned on its website, will apply to the Visitor. Barring willful misconduct or gross negligence, the Backdoor company will not be liable under any circumstances towards the Visitor for actions taken by a third party with regard to the Visitor’s details or with regard to the services or products of the third party, which may or may not be delivered to the Visitor. Any purchase, delivery or order that the Visitor makes or places with a third party serves as an agreement between that third party and the Visitor, regardless of whether the Visitor accessed the third party’s website via the Backdoor Website.
Article 7: Security
7.1: The Backdoor company applies security measures for the protection of the personal data on the Website and app and its servers according to the latest technical standards that are reasonably affordable and routine in the sector. The Backdoor company complies in this way with the statutory requirements of the EU Privacy Directive and Dutch legislation. The Backdoor company takes all reasonable measures to ensure that only relevant parties who have obtained consent from the Visitor or who are needed in the performance of any agreement can view and use the information.
7.2: The Backdoor company will not be liable under any circumstances for any damage suffered by the Visitor if a third party gains unlawful access to the Visitor’s personal data despite the reasonable measures of the Backdoor company. Due to the nature of internet use and the online transmission of data, the Backdoor company cannot warrant a completely secure environment for the personal data to the Visitor. Any online transmission of personal data ultimately takes place at the Visitor’s own risk. If the Backdoor company is at any time faced by an information leak during which third parties appropriate personal data, or the Website or app is hacked or otherwise illegally breached and personal data is appropriated as a result, it must immediately inform the Visitor thereof insofar as reasonably possible.
Article 8: Anonymized data
The Backdoor company is authorized to use anonymized data of Visitors obtained via services, purchases or the Website or via the app in order to be able to give advertisers information about traffic on the Website, the use of the app and statistics. The personal data of the Visitor will not be provided in this regard. Insofar as necessary, the Visitor gives consent for this purpose by accepting these general terms and conditions.
Chapter 3: Conditions For Visiting Events
Article 9: General
9.1: The general terms and conditions in this chapter apply to all admission tickets and accordingly form an integral part of all agreements for the sale, donation and delivery of admission tickets for Events wherever these have or will be held.
9.2: The Visitor accepts the content of these terms and conditions by acquiring and/or using an admission ticket, entering the Event venue and/or taking note of them via the Website. This also applies if an admission ticket is obtained via third parties in any way.
Article 10: Admission ticket
10.1: Access to the Event is only obtained by showing a valid and undamaged admission ticket. Access to the Event is only available to people aged 18 and older. People wishing to enter the Event may be requested and will then be obliged to show proof of identity due to checks on the aforementioned age limit.
10.2: People younger than 18 will simply be refused entry to the Event, in which case the Backdoor company will not be obliged to refund the admission fee.
10.3: Admission tickets are and remain the property of the Backdoor company. The admission ticket gives the holder the right to attend the Event. Access is given only to the first holder of the admission ticket scanned at the entrance of the Event. The Backdoor company may presuppose that the holder of this admission ticket is also the person who has a right to it. The Backdoor company is not obliged to perform any further verification of valid admission tickets. The Visitor must take responsibility for ensuring that he is and remains the holder of the admission ticket issued by the Backdoor company or by an advance sales address that it has engaged.
10.4: As of the time that the admission ticket has been provided to the Visitor, the Visitor bears the risk of any loss, theft, damage or misuse of the admission ticket.
10.5: The admission ticket is only supplied once and gives access to only one person.
10.6: The Backdoor company reserves the right to set a maximum on the number of admission tickets to be ordered by a Visitor, in that case the Visitor is obliged to comply with such maximum number.
Article 11: Prohibition against Resale, etc.
11.1: Admission tickets for the Event may not in any way be resold by the Visitor in the context of commercial purposes.
11.2: The Backdoor company may appoint an authorized resale platform (e.g. an additional official sales channel) for tickets for the Event, which could be an online secondary ticket marketplace. Reselling tickets on any sales channels other than the ones appointed by the Backdoor company is strictly forbidden. Access to the Event may be refused for a Visitor holding a ticket purchased from an unauthorized source. The Backdoor company 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 Event via any sales channel.
11.3: The Visitor is not allowed to make any type of advertising or any other kind of publicity relating to the event or any part of it.
11.4: The Visitor who transfers on his admission ticket to a third party for free without any commercial purpose is obliged to impose on the one to whom he transfers the admission ticket the obligations that rest on him as Visitor, as reflected in the previous paragraphs of this article. Transferor remains responsible vis-à-vis the Backdoor company for the compliance of this person with the same obligations.
11.5: 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 the Backdoor company 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 the Backdoor company’s additional right to demand compliance from the Visitor and/or compensation of loss suffered or to be suffered.
11.6: Should the Visitor not comply with the provisions listed in chapter 3 of these general terms and conditions, the Backdoor company is entitled to invalidate/cancel the admission tickets or refuse the Visitor (further) access to the Event without the Visitor being entitled to reimbursement of the amount that he has paid the Backdoor company, directly or via an advance sales address, for the admission ticket (including the service charges). The holders of any such admission tickets will be denied entry to the Event, without any right to compensation.
Article 12: Searches
The Backdoor company is entitled to search or arrange for Visitors to the Event to be searched before entering and/or during the Event. If the Visitor refuses to be searched, he may be refused entry to the Event, without any right to a refund of the admission fee, or may be immediately removed from the Event.
Article 13: Prohibited items
13.1: At the risk of confiscation, a Visitor may not bring, either for himself or another person, or have in his possession at the Event venue, any professional photography, film, sound and/or other recording equipment of any nature, glassware, plastic bottles, beverages, food, drugs, 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 Event. Confiscated items will not be returned.
13.2: Any Visitor who breaches this prohibition may moreover be refused entry or further access without any right to a refund of the admission fee, or may be removed from the Event and/or handed over to the police. Confiscated items will be destroyed.
Article 14: Refusal of entry
The Backdoor company generally reserves the right to refuse specific people entry or further access to the Event or to remove them from the Event if it deems this necessary for maintaining public order and safety during the Event. This also applies if a Visitor wears or carries clothing, texts or signs which, in the opinion of the Backdoor company, may be offensive, discriminating, insulting to or cause aggression or unrest among other Visitors. Even if an admission ticket is likely to be counterfeit, the Backdoor company is entitled to refuse to admit the holder of this admission ticket to the event without the Visitor or this holder being able to claim any compensation for any loss that this may cause him.
Article 15: Film and video images
Recording the Event in a professional and/or commercial form, including photographing, filming, making sound and/or image recordings, as well as reprinting and/or copying from the programme booklet, posters and other printed materials is not permitted without the express, prior and written consent of the Backdoor company.
Article 16: Own risk
16.1: The Visitor enters the Event venue, which may include any shuttle buses that are used to transport Visitors to the Event’s entry point, and attends the Event at his own risk. In this regard, the Backdoor company cannot be held liable, unless there is a case of gross misconduct and/or willful misconduct by the Backdoor company or its management. If nevertheless the Backdoor company can be held liable, any liability of the Backdoor company will be limited to EUR 50,000 as a result of damage due to personal injury or costs arising from the aforementioned entrance or attendance, such as but not limited to hearing, visual and other physical disorders or damage to the Visitor’s property, resulting from any cause, including those arising from the actions of other Visitors, the Backdoor company, its personnel and/or the third parties that it engages, such as stand holders.
16.2: The Visitor is expressly aware that loud music will be played during the Event. The Backdoor company advises Visitors to occasionally give their hearing a rest during the Event by going to an area where no music is being played and to wear ear protection at all times.
Article 17: Programme
The Backdoor company will aim for the Event 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. The Backdoor company is not liable for the content of the Event programme or how it is performed, expressly including the length of the programme.
Article 18: Further rules
18.1: The Visitor to the Event is obliged to comply with the regulations, internal rules, any amendments thereof and the instructions of the Backdoor company, the transport firm that runs the shuttle bus, the operators of the Event venue, the security staff, fire brigade, police and other authorized parties. Security cameras may be present at the Event venue.
18.2: 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. Specific rules may apply to the site or venue of any Event and will be announced or published on site. If possible, these rules will also be published in advance on the Website of the Backdoor company.
Article 19: Force majeure
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, fire, bad weather conditions, etc., the Backdoor company will be entitled to move the Event to another date or location or to cancel the Event.
Article 20: Moving or cancelling the Event
20.1: The Backdoor company will not be responsible for damage arising from moving or cancelling the Event, as referred to above. If the Event is moved or cancelled, as referred to above, the Backdoor company will publicize this fact as far as possible in the manner that it deems appropriate. The Backdoor company is only obliged in case of cancellation to refund the admission fee, but not the booking/administration costs, to the Visitor at his request.
20.2: The refund will only be made, within a reasonable period after the date of the cancelled Event, if the Visitor produces a valid admission ticket and to the original buyer of the valid admission ticket, in the manner stipulated and announced by the Backdoor company (or the party that processed the ticket payment) by means of channels that it will announce.
Article 21: Image and sound recordings
21.1: The Backdoor company is authorized to make or arrange for image and/or sound recordings to be made of the Event and the Visitors to the Event and to reproduce and/or publicize or arrange for the publication of these recordings in any form and in any manner. By obtaining an admission ticket to the Event and/or entering the Event venue, the Visitor unconditionally consents to the aforementioned recordings being made and to the processing, publication and use thereof, in the broadest sense, without the Backdoor company or any of its affiliated companies being liable to pay any compensation to him at any time.
21.2: The Visitor hereby irrevocably renounces any interest that he could have in the aforementioned recordings. Insofar as the Visitor has any copyright, neighboring rights and/or portrait rights to the aforementioned recordings, he hereby unreservedly assigns these rights to the Backdoor company and hereby irrevocably renounces his personality rights and/or will not invoke these rights.
Article 22: Smoke-free Event
22.1: The Visitor may not smoke at an Event that is organized inside a venue by the Backdoor company. Smoking is only permitted in designated smoking areas. The Backdoor company will take reasonable steps to make Visitors aware of the smoke-free nature of the Event, but cannot warrant that the Event will be entirely smoke-free. The Visitor will not be entitled under any circumstances to a refund of the admission fee or to any other compensation if the Event is not entirely smoke-free.
22.2: If an order to stop smoking or a ban on smoking is breached, the security staff will immediately remove the Visitor insofar as possible and any fines imposed on the Backdoor company because of the Visitor’s breach will be recovered from the Visitor.
Article 23: Tokens
Tokens, if purchased during an Event, will only be valid for that Event. The Backdoor company will not under any circumstances refund the purchase price of tokens.
Article 24: Lockers
Backdoor Company has the choice to provide the Visitor the possibility to rent a locker at the Event. 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 key. With this key, the Visitor can open and close the locker. On the use of the locker by the Visitor the general terms of Lockerbox or a third party apply, with which the Visitor agrees at the time of renting the locker. The Backdoor Company will not be liable for loss and/or theft and/or use by another of the personal key. Therefore you should always keep the key for yourself.
Article 25: Festival
All terms and conditions of this chapter expressly also apply to a festival organized by the Backdoor company. A festival may be an Event organized for a single day or several days, with or without camping facilities.
Chapter 4: Conditions For Services Or Products To Be Supplied By Third Parties
Article 26: Third-party terms and conditions and agreements
26.1: The Visitor is linked in some cases via the Website to the website of a third party if this third party is responsible for performing a specific service or supplying a certain Product. The Visitor can see from the ‘current page’ status on his screen whether he is linked through to a third-party website. This is also visible when the Visitor enters into any distance purchase contract with this third party.
26.2: If the Visitor proceeds to purchase a product or service from this third party, any general terms and conditions of that party will be applicable thereto and the Visitor will enter into a purchase contract with this party. This third party is then liable for the fulfillment of any obligation towards the Visitor.
26.3: Although the Backdoor company chooses all third parties concerned with care, it is not a party to any agreement between the Visitor and this third party. The Visitor indemnifies the Backdoor company against any claim for costs or damage that may arise from an agreement with this third party. Any applicable general terms and conditions of the third party may always be requested on the website of this third party.
Article 27: Payment of e-tickets
27.1: If the Visitor purchases an e-ticket for an Event of the Backdoor company, the payment for this Product will usually be handled for the Backdoor company by a third party. This third party will normally use its own general terms and conditions in relation to the Visitor as the purchaser of the admission ticket. The general payment conditions of the relevant third-party as well as these general terms and conditions of the Backdoor company will apply to an e-ticket.
27.2: The Visitor indemnifies the Backdoor company against any claim for costs or damage that may arise from an agreement between himself and this third party. Any applicable general terms and conditions of the third party may always be requested on the website of this third party.
Article 28: Offers made by stand holders at an Event
The Visitor to an Event of the Backdoor company may be offered products or services at that Event by third parties/stand holders, such as food or beverages, merchandise items or other products such as sunglasses or clothing, or by providers of fairground attractions. Although the Backdoor company chooses these stand holders with care, it is not a party to any agreement between the Visitor and this third party. The Backdoor company which organizes the Event 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 this third party. The Visitor indemnifies the Backdoor company against any claim for costs or damage that may arise from an agreement between himself and this third party. Any applicable general terms and conditions of the third party may always be requested from this third party.
Chapter 5 Final Provisions
Article 29: Further user rules
29.1: 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 the Backdoor company as published on the Website.
29.2: 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, the Backdoor company may, depending on the specific circumstances, suspend its obligations, terminate the agreement without being liable to pay any compensation, or claim specific performance.
Article 30: Information on the Website
Although the Backdoor company 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 links on the Website to offers, Products, material or the website of a third party, the Backdoor company is neither responsible nor liable for the functioning of that link, the access to or content of the information of such a website.
Article 31: Force majeure
Notwithstanding its possible other rights, the Backdoor company 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 the Backdoor company, because it is not accountable by law, a legal act or according to generally accepted standards.
Article 32: Liability for information
32.1: The Backdoor company 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. The Backdoor company, its affiliated businesses 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.
32.2: The Backdoor company 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. On account of the internet connection, the resultant link to many unknown third-party internet users and possible attacks by hackers or others, the Backdoor company 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.
32.3: The Backdoor company 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. The Backdoor company 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.
Article 33: Intellectual property rights
33.1: Everything that is published on the Website or which belongs to the Website, including music files, artists’ names, label names, Streams, Downloads, software, designs, drawings, logos and trademarks forms part of the intellectual property of the Backdoor company or any licensor thereof by law or on the basis of an agreement.
33.2: The Visitor must recognize these intellectual property rights at all times and observe and comply with all restrictions placed on the use of protected works by law. The downloading, streaming and other use of Products and files is governed by the user rules that are included in these terms and conditions. The Visitor is obliged to comply with these user rules at all times. These user rules are based, among other things, on the current wording of the Dutch Copyright Act and only constitute a short summary to indicate the instructions and prohibitions applicable to the Visitor under the Act.
33.3: The provisions of the Dutch Copyright Act and other intellectual property laws apply fully at all times to any use and take precedence over these user rules:
a) 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;
b) 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, burn a CD or 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;
c) the security method as applied to software also explicitly belongs to the protected portions of the Website;
d) 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.
33.4: If it is established that a Visitor has breached the statutory rules, the Backdoor company is within its rights to inform the entitled party hereof, which can then institute legal action against the Visitor.
Article 34: Replacement clause
If and insofar as any provision of these terms and conditions is inconsistent with any statutory rule, this will not affect the other provisions of these 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 35: Applicable law and jurisdiction
Dutch law applies to these general terms and conditions. The Amsterdam District Court has sole jurisdiction to take cognizance of disputes relating to these general terms and conditions, an agreement or the performance thereof.