Valid starting from: 28 March 2023
§ 1 – Subjects and Scope of Application
- The following terms and conditions govern the contractual agreement between
Stichting Dutch Pony Events
Chamber of Commerce: 77835573
VAT ID: NL861163953B01
(“DPE”) and the customers (“customers”) as well as visitors and participants of events hosted by DPE (“visitors”).
- These terms also apply for volunteers, exhibitors, vendors, panellists and other performers if no special agreements or terms exist.
- All rooms, areas and buildings in which an event takes place are considered
and referred to as “venue”. This also applies to non-public or closed areas.
- Terms or instructions of the venue host remain unaffected by and override these terms.
§ 2 – Access to Venue grounds
- Access to the venue grounds is only granted with a valid ticket.
- Underage visitors, who are not accompanied by a parent or legal guardian, may only access the venue with a written allowance issued by an entitled person. DPE may exclude underage visitors from certain parts of the event DPE does not consider child-friendly.
- All visitors must obey the rules of conduct (§ 10) during their visit.
- Third persons who are neither acting on behalf of a public authority nor as a journalist and who intend to access the venue for the purpose of an investigation, survey, raising data, filming, taking photos or for similar purposes, need to register before accessing the venue.
- Registration must include information on the principal, the intended activity, as well as its exact purpose and all parties raised data or records will be passed on to.
- In case of a violation, false response, or incomplete information a contractual penalty adequate to the financial revenue is claimed.
- The regulations according to subpar. 3 to 6 do not apply to persons who produce redactional content for blogs, magazines or similar media regardless of not acting as a journalist or who act on behalf of a non-governmental organisation which is considered a charitable organization and has an ANBI or SBBI status with dutch tax service (Belastingdienst) as well as persons who act with non-profitable, private intents.
- Journalists may, with written permission from DPE, access the venue, take interviews and take photos and make audio or film recordings.
§ 3 – Ticket Sales
- Tickets may be bought in advance or at the box office for the given price. Prices will be announced on the event website and at the box office.
- Ticket prices may be raised or lowered at any time. If ticket prices are raised, bought tickets remain valid without surcharge.
- For single events or programs, an additional fee may be raised by DPE or a third-party host.
- Ticket sales, especially at the box office, may be closed at any time due to restricted availability or capacity of the venue. DPE does not guarantee that tickets will be available at the box office.
§ 4 – Merchandising and Sponsoring Goods
- DPE may sell merchandising goods via online shops or at the venue. DPE may also offer sponsor tickets without access rights or other goods and services as well as collect funds via fundraising services to support its events.
- If goods and services are offered via platforms or third-party services, any terms and conditions set by the provider apply and may override these terms.
- Purchasing named goods and services conclude a binding purchase agreement between the DPE and the customer. If the terms and conditions of a platform provider include a respective regulation, the purchase agreement is concluded between the customer and the platform provider.
- Goods and services offered via platforms will mostly be produced according to actual orders and demand after the campaign. If specified, any product pictures are considered drafts; the final product may differ in design. A differing design does not justify a right of withdrawal.
- If a purchased good or service includes a depiction or print of a name, pseudonym or picture according to the customer request, DPE reserves the right to deny the service or alter the depiction if the depiction violates legal restrictions or common decency, is only possible with disproportionate technical effort or is not possible because the customer does not provide necessary data.
§ 5 – Terms of Payment and Delivery
- Unless specified differently, entry fees are due 14 days after purchase. In any case, the entry fee must be paid on the day before the start of the event. Tickets are delivered after the full due amount has been received.
- The payment obligation persists even after the event has ended in case the entry fee has not been paid before the end of the event.
- DPE specifies possible payment methods and announces them in an adequate manner. For any other payment methods, an individual payment fee may be raised which depends on the actual costs and effort. Cash payments are only accepted at the box office.
- Services fees and transaction costs raised by a third-party platform are to be paid by the customer.
- Tickets are delivered electronically as a PDF document or download link. At the reception, the electronic document (“e-ticket”) will be exchanged for a badge or wristband valid for entry.
- Visitors are responsible for providing a correct and functional e-mail address. Furthermore, visitors must check their junk or spam folders. For an extra effort to deliver a ticket or identify a functional means of communication, caused by the visitor, an extra fee may be raised to cover costs and effort. DPE is not obliged to deliver tickets via mail or to investigate the email address of a visitor in case the given e-mail address is incorrect or not ready-to-receive.
- When using automatic payment processing the ticket will be delivered within 24 hours after the payment has been processed. In the case of bank wire payment, the ticket will be delivered within 14 days after payment.
- In the case named under par. 4 subpar. 1, the delivery terms specified in the online shop or platform apply. If no delivery terms are specified, the items are shipped within 30 days after the supported events if delivery has been booked.
- If no delivery has been booked in the case named under par. 4 subpar. 1, the items may be picked up at the supported event within the given opening or pick- up times. If this is not possible the delivery may be requested until the end of the event; the customer bears any shipping costs. If items are not picked up by the end of the event DPE is no longer obliged to deliver the purchased items. In the case named under sentence 3, delivery is at the discretion of DPE. Fees for shipping and extra effort may be raised in that case.
- Subpar. 9 also applies for goodies purchased together with tickets at a sponsor rate.
§ 6 – Withdrawal
- For tickets, returns, refunds or withdrawals are possible without a cancellation fee within 14 days after purchase. After that period a cancellation fee will be raised.
- The cancellation fees will be announced together with the ticket prices. If no cancellation fee is specified, the fee is €15,00 per ticket if the price of the ticket is below €75,00 and €25,00 per ticket if the price of the ticket is above €75,00.
- Tickets over €500 can not be refunded, returned or withdrawn.
- 28 days before the event begins, returns and withdrawals are excluded in any case. In case of cancellation, the full ticket price is withheld as a cancellation fee.
- A right of withdrawal or refund does not exist in the cases named under §5.2, §5.9 sentence 3, §5.10 or §4.5. These terms and conditions may exclude the right of withdrawal or refund in other cases of culpable behaviour.
- If delivery is not possible at all or in time in the cases named under par. 4 subpar 1 due to unforeseeable events, delivery problems or production problems, DPE may rescind the contractual agreement and refund the full price. If delivery is delayed by more than 30 days, the customer may rescind the contract and will be refunded. Any further compensation is excluded.
- If a person has violated the rules of conduct named in par. 10 or specified according to par. 10 subpar. 11, DPE may rescind the contract at any time and refund the full payment. This also applies if the person concerned has violated these terms and conditions in the past or caused financial damage on the side of the DPE in the past.
- If an event fails to proceed, the paid entry fee excluded granted rebates will be refunded upon request within 30 days after the event is cancelled. Granted rebates will be deducted. In cases of Force Majeure or cancellation due to other events for which DPE is not responsible, the right of withdrawal must be exercised within one month after the cancellation has been announced. Later refunds are excluded. All open claims are forfeited without further notice in time with the announcement of the cancellation. If combined services can be fulfilled independently, the refunded amount can be lowered by the sales value or, if a sales value cannot be set, an adequate amount if the service or delivery can be made.
- In the case named under subpar. 7, further compensation, especially for travel or cancellation fees, is excluded.
- If the customer is not able to attend the event due to state advised quarantine or isolation DPE will refund the ticket if the customer sends a withdrawal request by email before the start of the event.
- DPE reserves the right to reschedule the event in cases of Force Majeure or other events for which DPE can not be held responsible. If the event is rescheduled valid tickets will be transferred to the new dates without additional costs for the customer. The customer will also have the right to claim a full refund within 30 days in this scenario.
§ 7 – Warranties and Consumer Protection Laws
- In the case named under par. 4 subpar. 1, the statutory warranty applies.
- If the terms of the platform provider do not specify differently, customers may invoke Dutch consumer protection regulations and return any purchased goods within 14 days after purchase without a valid reason. A later return is only possible as a sign of goodwill. The customer bears the shipping and package costs.
- Personalized goods, goods with applied individual features or signalments or goods that are not held on stock but ordered after purchase according to demand are excluded from the right of return. This especially applies to goods sold within fundraising campaigns.
- If a product is excluded from the right of return DPE will mention this circumstance in a suitable position.
§ 9 – Event Schedule
- The event schedule will be announced as soon as possible. The schedule may change, especially if certain program items must be cancelled due to organizational reasons.
- A delay, a non-substantial cut or the cancellation of single program items does not justify a right of withdrawal or refund. Such rights only derive if the overall event experience is severely compromised.
- For the consideration according to subpar. 2, only objective factors will be considered. Subjective factors, personal preferences or any personal prioritization will not be considered.
- In case of a withdrawal for a reason named under subpar. 2 sentence 2, the parts of a ticket at a sponsored rate for goods will not be refunded.
- The schedule will be announced on the event website as well as via adequate media at the venue.
§ 10 – Rules of Conduct
- Orders by DPE or the venue host must be followed.
- On the venue grounds, no weapons, dangerous items, drugs, or weapon replicas may be carried. DPE or the venue hosts decide if an item is considered dangerous.
- Furthermore, no symbols, media, depictions, performances, or writings may be presented on venue grounds which are illegal, considered to be child unfriendly, glorifying violence, liable to disrupt the event or erotic resp. suggestive. DPE decides if these criteria are met.
- Uniforms and military insignia are prohibited regardless of their historic, national, or political classification. An exceptional permit may be granted by DPE upon application. Visitors who are officially entitled to wear uniforms as a member of public services or to wear badges as an official reward are excluded from this regulation.
- Visitors may inquire for an exceptional permit if they are unsure if the regulations of subpar. 2 or 3 apply.
- Visitors are obliged to apply for such an exceptional permit if the violation of subpar. 2 or 3 cannot be ruled out from an objective view.
- Visitors are obliged to inform themselves about regulations on weapons, youth protection and prohibited symbols.
- A visitor acts culpably or negligent in case the contractual obligations according to subpar. 3c or 3d are not fulfilled.
- Marked emergency exits, passages or doors may not be blocked. Emergency and fire systems must be kept accessible and operational all the time. DPE may remove any items to ensure all passages and emergency systems are accessible.
- Marked areas and the stage areas may only be accessed with explicit permission. In front of open stages, a safety area of one meter has to be kept clear.
- Other visitors or participants must not be offended or harassed. All visitors must respect the personal rights and privacy of other guests and visitors, especially when taking photos or making audio/video recordings.
- Waste must be disposed into the respective containers. The venue must be kept clean.
- In rooms with sensitive technical equipment or cushioned chairs, eating and drinking is not permitted.
- Animals are not allowed on venue grounds. This does not apply for service animals.
- In case of medical emergencies, acts of violence or other incidents, DPE or the venue host must be informed immediately.
- DPE may specify house rules or additional regulations. These rules will be announced on the event website and at the venue.
- Visitors are not allowed to consume their own food or drinks inside the venue. Consumptions bought from the venue host or DPE may be consumed inside the venue.
§ 11 – Consequences of Violations
- In case of a violation of the rules named under par. 10 or specified according to par. 10 subpar. 11, DPE may exclude the person concerned from the event as well as future events. DPE may also let the venue host post a house ban for the duration of the event or a longer period.
- In case of a violation of the rules named under par. 10 DPE may also deny entry to the venue grounds. This especially counts for violations of par. 10 subpar 2 to 3a.
- DPE reserves the right to exclude persons from the event as well as future events if the person has violated rules during events of the informal association BroniesNL which resulted in removal from the event or a ban for future BroniesNL. This also applies if the person has violated the rules of the online communities moderated by BroniesNL or DPE if these violations have resulted in a ban from any of these online communities.
- In cases named under subpar. 1, 1a or 2, any right of refund or withdrawal is excluded.
- DPE may claim compensation for financial or reputational damages. Claims of the host or third persons remain unaffected.
- If a criminal offence is in question, especially in case of acts of violence, the incident will be reported to the local police.
§ 12 – Audio and Video Recordings
- DPE preserves the right to produce and use audio or video recordings and take photos at all events for internal purposes including advertising of own events.
- DPE furthermore preserves the right to allow third persons named recordings and usage of recorded material.
- If a visitor does not want to be depicted or recorded, the operator has to be informed immediately.
§ 13 – Privacy
- DPE raises and processes data for the purpose of fulfilling (pre-) contractual obligations and measures. The privacy statement and additional information apply; these can be found under https://ponyconholland.com/privacy-policy/
§ 14 – Documents
- All issued tickets, vouchers, and order confirmations in printed or electronic form are considered documents and have to be kept safe.
- DPE is not obliged to issue a replacement for lost, unreadable or stolen documents. Electronic documents may be issued again on request.
- If a serially numbered or uniquely identifiable (electronic) document is lost or stolen, this must be reported to the DPE immediately to invalidate the document. DPE will not check the identity of every visitor so that unauthorized use of stolen or lost documents cannot be prevented. In case a document has been subject to (unauthorized) use, DPE is not obliged to refund or replace the document.
- Documents which are not serially numbered or uniquely identifiable cannot be replaced. Subpar. 3 sentence 3 applies accordingly.
§ 15 – Liability and Found Items
- DPE does not take any responsibility for damages of any kind, especially injuries, material damages, theft, or losses during the event.
- Items that have been lost and found during the event will be handed over to the host or the local authorities. If this is not possible, they will be kept for one year and thereafter become the property of the DPE. DPE is not liable for any loss or damage of kept lost and found items. The owner bears any costs for shipping of lost and found items. Furthermore, DPE is not obliged to investigate the owner of lost and found items.
- The exclusion of liability does not apply in case of culpable or gross negligent behaviour of the DPE.
§ 16 – Special Regulations
- In case tickets, rebates or goods are subject to a draw or special promotion, additional and/or special terms will be specified.
- DPE may specify terms and conditions for individual groups of persons or types of contracts which may apply in parallel to or override these terms. Such terms will be announced on the event website or at the venue.
§ 17 – General Regulations
- Irrespective of applicable terms and conditions of payment or service providers, complaints have to be addressed to the DPE directly via the specified means of communication. In case of an unjustified complaint towards a payment or service provider and in case of uncooperative behaviour, DPE may rescind the contract and refund the customer; a cancellation fee may be subtracted and compensation for caused efforts may be claimed. Not providing a correct and ready-to-receive means of contact will be considered uncooperative behaviour.
- If DPE provides forms for frequent concerns, these forms have to be used if no technical reasons or matters of accessibility prevent the use of such forms. DPE may reject any inquiries and refer to a given form. If the date of receipt is substantial, the receipt of the original (rejected) inquiry counts in any case.
- Inquiries, complaints or claims may be sent via e-mail to firstname.lastname@example.org. Complaints regarding privacy, accessibility or equality should be addressed to the executive board and labelled accordingly.
- Dutch law applies.
- Place of jurisdiction is Tiel, The Netherlands.
- Differing agreements are to be made in writing form. The same counts for any special permissions.
- If one term is or becomes void, it will be replaced by the legal regulation. The other terms may not be affected.
- Electronic communication including e-mails keeps the written form.
- Claims of any kind may be set off. This also applies to claims or compensations for damages.