Rules / Conditions
GENERAL TERMS AND CONDITIONS
for visitors at the
OHMYDEER MUSIC FESTIVAL
to be held from 12:00 on 31 August 2018 to 12:00 on 02 September 2018
beside the Nagykanizsa Boating Lake
- Subject of the General Terms and Conditions (GTC)
1.1 These GTC set forth, with respect to the OHMYDEER Music Festival (OHMYDEER or Festival) organised by Deer Fesztivál Kft. (Organiser), (i) the detailed rules for leisure service contracts between Visitors (cf. paragraph 2.1) and the Organiser, (ii) the general conditions for the attendance of Visitors at OHMYDEER, and (iii) the rules under which the Organiser may manage Visitors’ data.
1.2 These GTC are available on the Festival’s website (www.ohmydeer.hu) as stated on Visitors’ tickets and Visitors shall accept them as binding by entering the Festival premises.
1.3 Organiser’s data:
Company name: Deer Fesztivál Kft.
Seat: 1051 Budapest, Sas utca 16. 1.em
Registration authority and company number: 01-09-328816
Tax number: 26498966-2-41
Festival venue: Nagykanizsa Boating Lake
- Scope of GTC
2.1 These GTC shall apply both to the Organiser and to ticket buyers and other Visitors, including unauthorised Visitors (collectively: Visitors).
2.2 These GTC shall be valid for the period of the Festival up until the termination of any legal dispute between the Organiser and any Visitor.
2.3 Visitors accept that the Organiser may unilaterally alter these GTC for reasonable causes, including the amendment of any binding legal provision applicable to the contract between the Parties, the safety of the Festival, and the requirements of public health or any other essential circumstances. The Organiser shall disclose the revised GTC highlighting all changes in bold letters on the website of OHMYDEER. Such revision shall be valid from the date of disclosure.
2.4 Visitors entering the Festival premises without authorisation (a valid ticket) accept that the Organiser need not provide them any service. In the case of unauthorised entry, the Organiser or its agent shall require the Visitor to buy a ticket and if the Visitor refuses to do so, they shall immediately leave the premises.
- Ticket purchase
3.1 Tickets for the Festival may be bought online on www.eventim.hu and in person at any point of sale designated by the Organiser’s authorised partner. Discount tickets (cf. paragraph 3.6) are only available at both partner offices in Nagykanizsa but not online.
3.2 The Organiser shall sell tickets online through its authorised partner via a bank operated safe online payment system. Ticket buyers shall supply real data for their purchase. The Organiser disclaims liability for any damage caused by incorrect or unreal data but reserves its right to claim compensation for such damage.
3.3 After the successful payment transaction, the Organiser or its authorised partner shall send an electronic ticket or a download link to the email address supplied by the ticket buyer. If the ticket buyer fails to receive the ticket or the link within 3 hours, they shall notify the Organiser, which shall resend the email.
3.4 Tickets may be bought and received immediately in person at the points of sale of the Organiser’s authorised partner in opening hours. Payment may be made by cash or bank card.
3.5 Tickets may freely be transferred but the Organiser disclaims liability for ticket transfer and any related abuses.
3.6 Discount tickets. Festival tickets shall be available at a reduced price for people who are permanent residents of and/or were born in Nagykanizsa. Discount ticket holders may only enter the premises after showing their valid ID and address cards to prove their identity and permanent residence in Nagykanizsa.
3.7 Ticket buyers accept that they are not entitled to the rights of withdrawal and termination laid down in Section 20 of Government Decree 45/2014 (26 February) on the detailed rules for agreements between consumers and enterprises (Government Decree) after buying their tickets under Government Decree Section 29(1)1) as they want to use a leisure service within the period set by the Organiser. Accordingly, ticket buyers accept that they may not claim the repurchase of their tickets. Ticket buyers and Visitors shall be exclusively liable to keep their tickets as the Service Provider shall not replace any ticket that is lost or unusable.
- Rules of attendance at the Festival
4.1 Entry to the premises shall be reserved for people holding a ticket, only in the designated places and period, after receiving a wristband upon access that they shall wear throughout their visit to the Festival.
4.2 Upon access Visitors shall submit themselves to the lawful access process under these GTC. As a part of access, the Organiser may ask Visitors for their tickets and, where they produce a discount ticket, for their address and ID cards. For the safety of the Festival, the Organiser reserves the right to limit the objects and devices that are allowed on the premises.
4.3 No vehicle may enter the premises without displaying the Organiser’s pass. People holding such pass shall observe all provisions of the Highway Code.
4.4 Children under 14 (fourteen) may only enter and stay on the premises together with a legally capable adult. Such companion shall be responsible for the child, making sure their condition allows them at all times to perform their tasks with responsibility. No more than three children may enter with one companion and the Organiser may make their wristbands subject to their companion’s wristband.
4.5 Helping dogs, guide dogs and police dogs defined in the laws may enter the premises.
4.6 The Organiser cannot arrange for the storage of pets, devices, beverages, food, and tobacco products that may not be brought to the premises.
4.7 Visitors shall act on the premises in compliance with the general laws and the provisions of these GTC. Visitors shall refrain from any statement, utterance or action that may endanger or violate the personality rights, life, health or physical integrity of others. Visitors may not enter any closed area that is accessible from the Festival premises.
4.8 Visitors accept that audio and visual recordings may be made at the Festival by the Organiser and its authorised partners, the press, other Visitors and other third parties. Accordingly, by attending the Festival, Visitors expressly consent to the recording and broadcasting of their face, appearance and statements provided that they shall only be named with their express consent. Visitors that are public figures may be named without their consent. The Organiser may use, reproduce, publish, transform and disclose to the public Visitors’ appearance (especially for popularising the Festival) without limitation.
4.9 Visitors may prepare audio and visual recordings at the Festival provided that they may not sell such audio and visual recordings, may not use them for consideration, and may not use them for commercial purposes even without consideration, may not name the Visitors appearing in them without their consent, and may not violate their personality rights. The Organiser explicitly disclaims liability in case other Visitors violate the preceding provisions.
4.10 Visitors may not carry on any financial, commercial or advertising activities on the premises.
4.11 Catering facilities on the premises may not sell alcoholic beverages to people under 18 or intoxicated clients. The Organiser reserves the right to introduce a system selling alcoholic beverages only to Visitors who first produce a photo ID document to prove their age.
4.12 The Organiser’s employees or agents with appropriate qualifications and licences shall enforce all rules of conduct and safety on the premises. By attending the Festival, Visitors explicitly agree to cooperate with such contributors and to follow their instructions.
4.13 First aid and on-duty medical services shall be available on the premises. At the same time, Visitors may not use these services by holding a ticket alone but may use them for a fee and subject to social, health or travel insurance.
- The Organiser’s warranties and representations
5.1 The Organiser warrants that Visitors showing their tickets will be able to enter the premises but the Organiser cannot guarantee the length of the access process depending on turnover.
5.2 The Organiser explicitly reserves the right to change certain events and activities at the Festival for reasonable causes (such as weather conditions, accidents, any action required by a cancellation) but it shall not necessarily change any start time in bad weather. Visitors may not enforce any claim or demand against the Organiser due to such changes.
5.3 Visitors may visit the Festival only upon their own responsibility. The Organiser shall only be liable for any wilful breach of contract and for any breach of contract that it causes by damaging human life, physical integrity or health and shall disclaim any liability other than the rights to which consumers are explicitly entitled under the laws, for any other loss, including any damage to human life, physical integrity, health or assets. Ticket prices were set in consideration of the preceding disclaimers.
5.4 The Organiser shall assume liability up to HUF 100,000 for any belonging legally placed in the storage facility for baggage and valuables operated on the premises. The Organiser explicitly disclaims liability for any valuable placed in the designated parking lots, especially the vehicles parking there and the objects left inside them.
5.5 The Organiser disclaims liability for any damage caused by the unlawful conduct or omission of any Visitor, accompanied child, pet or third party to any Visitor or third party. Visitors accept that the premises are prone to the passage of stray and wild animals which may even endanger their life, physical integrity or health. The Organiser also fully disclaims liability for any damage caused by such stray and wild animals.
5.6 Visitors may only stay on the premises after the end of the Festival on their own responsibility.
- Data management and data protection
6.1 Data management during ticket purchase. By starting the purchase process, ticket buyers commit to supplying data with their voluntary consent as a pre-requisite for completing the purchase process therefore they give their explicit prior voluntary consent for the Organiser’s authorised partner as a data manager to manage their personal data supplied during the purchase. The Organiser’s partner may forward the personal data of customers recorded during the purchase to the Organiser according to its own data management regulations. By the purchase the affected person also accepts these rules of the Organiser and consents to the management of their forwarded personal data by the Organiser under these GTC.
6.2 Persons buying Festival tickets online must supply the following personal data: name, street address and country, billing address, date of birth, email address.
6.3 Except for the case described in the second sentence of this paragraph, the Organiser shall by no means forward any personal data gathered during the purchase or make them available for third parties or connect them with any other data management without the explicit consent of the affected party. At the same time, the Organiser shall inform the affected parties that it may be required to forward data or connect data management for pre-determined persons in order to perform its services.
6.4 The Organiser shall preserve the buyer data that it manages until the statutory deadline or the date until which contractual claims may be submitted.
6.5 Data management during access. During registration on the premises, the Organiser may require proof of identity in the form of a photo ID card. During access, the Organiser may record, store and manage the following data of the affected party in their ID card: nationality, name, type, number and date of expiry of the identity document, and sex. The Organiser shall cancel all personal identification data within 72 hours of the official closure of the Festival unless a reasonable suspicion of abuse arises or any action is made at the Festival that violates, threatens or endangers the life, physical integrity or health of participants, in which cases the Organiser shall preserve the personal data for no more than one year or, where applicable, for the period required by the competent authority. The Organiser shall immediately cancel the personal identification data after submitting them to the competent authority with jurisdiction as required.
6.6 By performing the registration, the affected person accepts that they explicitly give their voluntary consent to the Organiser’s data management laid down in this paragraph. If any person wishing to enter the premises refuses to give or withdraw their consent to data management as described in this paragraph, the Organiser may invalidate their wristband, deny access and terminate the contract.
6.7 Data management on the premises. The Organiser may operate a surveillance camera system at the Festival for personal and property safety. By entering the event, Visitors accept the preceding provisions and explicitly authorise the Organiser to use the camera system for preparing recordings of them and to store such recordings.
6.8 The Organiser shall by no means forward the personal data gathered during identification and at the Festival or make them available for third parties or connect them with other data management without the explicit consent of the affected party. At the same time, the Organiser informs the affected parties that it may forward their personal data as required by law or a judicial or administrative decision, within the scope and to the persons determined therein, or it may make them available or connect them with other data management.
6.9 In forwarding data, making them available, and connecting data management as described above, the Organiser shall act in full compliance with data security.
6.10 Visitors may request information about the management of their personal data at any time. The Organiser shall always provide detailed information, as requested, about the data of the client (affected party) that it manages or processed by its data processing agent, the source thereof, the goal, legal background, and duration of data management, the name, address and data management activities of the data processor, the circumstances, effects and prevention measures of the data protection incident, and the legal background and addressee of forwarding where the affected party’s personal data are forwarded. The Organiser shall provide such information in writing at its earliest convenience after receipt of the application but no later than 25 days afterwards, sent to the applicant’s contact data (mailing address) provided that the client’s application supplied such contact data. Otherwise, the deadline of 25 days applicable to the Organiser shall only expire when the client submits their contact data to the Organiser in a provable way.
6.11 Information and redress concerning data management. Visitors may at any time request the correction and cancellation of their personal data except for any statutory data management. The Organiser shall cancel the data if (i) data management is unlawful, (ii) the affected party makes such request, (iii) the data are incomplete, erroneous and may not be lawfully corrected, (iv) the goal of data management has ceased, (v) this has been required by a court or the National Data Protection Authority. Instead of cancellation, the Organiser shall block the personal data as requested by the affected party or if the available information suggests that cancellation would endanger the affected party’s legitimate interests. Personal data so blocked may only be managed as long as the goal of data management which excluded the cancellation of the personal data exists.
6.12 The affected parties may send a written message to the Organiser at any time to withdraw their consent to the Organiser’s data management or to limit their consent to certain data or data management operations. Also, they may protest against the management of their personal data in the cases defined by law. At the same time, the Organiser warns clients that if they request the cancellation of any data required for its services, the Organiser shall discontinue the given service to such clients according to the applicable conditions.
6.13 If any affected party has any right concerning the management of their personal data violated, they may seek redress from a court or the National Authority for Data Protection and Freedom of Information (1125 Budapest, Szilágyi Erzsébet fasor 22/C; telephone: +36 1 3911400; fax: +36 1 3911410; email: firstname.lastname@example.org). The court shall act immediately in the matter. The action may be filed with the court having competence at the Organiser’s seat or the residence (temporary address) of the client (affected party) as chosen by the client.
- Miscellaneous provisions
7.1 The Organiser may immediately terminate the contract allowing for attendance at the Festival if a Visitor holding a ticket violates any provision of these GTC. In such cases the Organiser may invalidate the Visitor’s ticket, remove their wristband, and such Visitor shall be required to leave the premises.
7.2 The Organiser and/or its contributors shall be the exclusive owners of all brands, logos and other intellectual property information appearing on the Organiser’s websites, online and offline media, and at the Festival. Visitors may by no means use, reproduce, distribute or disclose such brands, logos and information without the explicit prior written consent of the Organiser and its contributors.
7.3 For questions, comments, complaints or ideas about the Festival, its organisation or any other subject, Visitors must contact the information tent on the premises.
7.4 The Organiser shall have an unlimited and exclusive right to use such comments, suggestions and ideas received from Visitors without being required to offer any consideration.
7.5 Where the Organiser is unable to perform any of its contractual obligations as a consequence of a war, rebellion, actual or impending act of terrorism, strike or commotion that does not qualify as a strike, import or export embargo, accident, fire, blockade, flood, earthquake, natural disaster, heavy storm, major energy disturbance, major traffic disturbance or hindrance, epidemics, official, military or law enforcement provision, instruction or act or any other unforeseeable and insurmountable obstacle beyond the Organiser’s control, the Organiser shall not be liable to Visitors for any damage or loss caused by such events.
7.6 These GTC shall be subject to the rules of Hungarian law.
7.7 In the case of any legal dispute over these GTC or the Festival, the Organiser and the Visitor hereby stipulate the exclusive jurisdiction of the Central District Court of Pest or the Budapest Regional Court, whichever has competence.