terms & conditions
BLOW UP EXTREME B.V.
Filed with the registry of the District Court of Zeeland-West-Brabant, location Breda under number 25/2021 and at the Chamber of Commerce under number 82940460
Article 1 – Applicability
- These General Terms and Conditions for Admission Tickets (hereinafter: the “General Terms and Conditions”) apply to every offer, for both consumers and business buyers, including at least the purchase of tickets, deals, vouchers and gift vouchers and every agreement that is concluded between Blow Up Extreme B.V. (hereinafter referred to as: “Blow Up”) and the person who orders/purchases an admission ticket for an event organized by Blow Up (hereinafter referred to as: the “customer”). The General Terms and Conditions also apply if these agreements are concluded via an official (advance) sales organization engaged by Blow Up for the relevant event (hereinafter referred to as: “(advance) sales address”).
- In the General Terms and Conditions, event is understood to mean “(music) performances and/or other manifestations in the broadest sense of the word.”
- In these general terms and conditions, the place where the event is held is understood to mean “the actual place of the event as well as all areas, spaces, fields, etc. around it, which are part of the complex within which the event takes place.”
- The house rules form part of these general terms and conditions.
- The applicability of any general terms and conditions of companies and individuals is expressly rejected
Article 2 – Establishment of the agreement/admission tickets
- The agreement regarding visiting an event between Blow Up and the customer is concluded when the customer orders/buys an admission ticket for the event at Blow Up or a (advance) sales address engaged by Blow Up. In any other case, the agreement is concluded as soon as the visitor visits the event.
- The legal cooling-off period of 14 days according to the “Distance Buying Act” does not apply to the purchase of tickets because it is a form of leisure activity and because the tickets only have a limited validity.
- An admission ticket can consist of a document provided by or on behalf of Blow Up or a barcode provided by or on behalf of Blow Up, both digital and hard copy. The barcode is a unique code.
- The admission ticket is issued once and gives access to one or more person or persons. Blow Up provides a reservation confirmation email with a unique reservation code. The confirmation e-mail will be sent to the specified e-mail address immediately after placing the reservation. The ticket can be downloaded at least 24 hours before the start of the event via the link in the confirmation email.
- The admission tickets are and remain the property of Blow Up. The admission ticket entitles the holder to attend the event. Only the holder of the admission ticket who shows the admission ticket first at the start of the event will be allowed access. Blow Up may assume that the holder of this admission ticket is also the rightful claimant (is the customer). Blow Up is not obliged to carry out further checks with regard to valid admission tickets. The customer must ensure that he becomes and remains the holder of the admission ticket issued by Blow Up or an (advance) sales address engaged by Blow Up.
- Blow Up reserves the right to change, refuse or cancel an order without stating reasons. The customer will be informed of this by e-mail.
- From the moment the admission ticket is made available to the customer, the risk of loss, theft, damage or misuse of the admission ticket rests on the customer.
- Only purchase at the recognized (advance) sales addresses or at Blow Up guarantees the validity of the admission ticket. The burden of proof in this respect rests with the customer.
- The admission ticket consisting of a barcode is provided to the customer via electronic communication (e-mail). If the customer has chosen to receive the admission ticket electronically, the customer must ensure that this admission ticket can be provided via electronic communication and that it can be provided in a secure manner. Blow Up cannot guarantee the confidentiality of the admission ticket provided nor the receipt of the admission ticket. Blow Up is not liable if the e-mail address entered by the customer is incorrect, or if the chosen shipping method (e-mail) does not work correctly.
- Blow Up reserves the right to set a maximum for the number of tickets to be ordered. The customer is then obliged to comply with the maximum set by Blow Up.
- Admission tickets cannot be returned. The provisions of Article 6:230p sub e of the Dutch Civil Code apply to admission tickets.
- If, due to technical malfunctions of any kind, the payment cannot be processed or authorized correctly or on time,Blow Up does not accept any liability. The customer is therefore not entitled to a refund. If apps or websites cannot be used due to a malfunction of the available WiFi or a defect in the customer’s mobile phone, Blow Up does not accept any liability and the customer is not entitled to a refund.
- Only one discount code or promotion (if applicable) can be used per ticket.
- If the customer purchases blow up tickets via third parties (all sales channels outside https://www.blowupextreme.com/tickets/), the customer accepts that Blow Up cannot provide customer service because Blow Up does NOT have access to the sales and customer data of third parties and has no influence in any way on (service, transaction, cancellation costs, etc.) costs, cancellation conditions, etc.
- The customer agrees that if the customer purchases tickets through third parties, no substantive customer service can take place from Blow Up and that questions, cancellations, etc. must be reported to the selling party. The Customer also agrees that Blow Up is indemnified against all costs and risks arising from this.
Article 3 – Prohibition on resale, etc.
- The customer is obliged to keep the admission ticket for an event for himself and therefore not to resell it to third parties in any way, to offer it for sale or to offer or provide it for commercial purposes. Blow Up may exempt from this prohibition the sale of admission tickets via a ticket exchange platform designated by it. Ticketswap.nl (https://www.ticketswap.nl/) is excepted and authorized by Blow Up.
- The customer is obliged towards Blow Up not to make any advertising or any (other) form of publicity in connection with the event and any part thereof.
- The customer who makes his admission ticket available to third parties free of charge and not in the context of commercial purposes, is obliged to also impose the obligations imposed on him as a customer as set out in the General Terms and Conditions on the person to whom he has made the admission ticket available. guarantees and warrants to Blow Up that this person(s) will comply with these obligations. Blow Up may decide to sell tickets for an event by name (i.e. personalized). In that case, the admission ticket is not transferable and – contrary to the above – only the customer has access. Blow Up is entitled (but not obliged) to check the identity of the holder of the admission ticket to determine whether it matches the name of the customer, and if this does not match, to grant the holder access to the event. to refuse.
- If the customer does not fulfill his obligations as set out in the previous paragraphs of this article and/or cannot guarantee them, the customer owes Blow Up an immediately due and payable fine of € 10,000 per violation and € 5,000 for each day that the violation has continued and continues without prejudice to Blow Up’s right to also demand compliance and/or compensation from the customer for the damage suffered or to be suffered.
Article 4 – Other obligations of the customer
- The customer is obliged at all times to follow any instructions from Blow Up or its staff or third parties engaged by Blow Up. One (1) warning will be issued for non-compliance with an instruction. In the case of the second (2nd) violation, access will be refused without refund of the purchase price due to the strict safety regulations.
- The customer is obliged, if requested, to cooperate with a body search and/or luggage/bag check when visiting the event.
- The customer must be in possession of a valid and undamaged (digital) admission ticket, both before the start and during the event, as long as he is at the place where the event is being held. He is obliged to show his admission ticket at the request of the operator of the place where the event is held, the staff and other authorized persons.
- The customer is obliged to identify himself on first request, both during the visit of the event and when ordering the admission ticket, in order to enable Blow Up to comply with its legal obligations in the context of events, including the obligation of not providing alcohol to persons under the age set by the government
- It is forbidden to bring bags and backpacks and all other forms of personal luggage to the place where the event takes place. These must be stored in the designated and offered lockers, which can be booked at an additional cost. The camping grounds at events are excluded from the foregoing.
- It is prohibited to bring (professional) photo, film and other recording equipment to the place where the event takes place. With the exception of a smartphone for personal use only (posts on your own private social media are allowed). Blow Up is entitled to take such equipment into custody if it violates the provisions of this article. If Blow Up takes such equipment into custody for the duration of the event, it will not accept any liability
- It is prohibited to bring glassware, plastic bottles, cans, fireworks, (fire) weapons and/or dangerous objects and/or alcoholic beverages and/or drugs, nitrous oxide and/or other narcotics with you or to consume/use them during a visit to or the place where the event takes place. If Blow Up takes such objects into custody for the duration of the event, it does not accept any liability in this regard. Legally prohibited items will be confiscated and not returned.
- If the customer before, during or after entering the place where the event takes place is presumably or demonstrably under the influence of, among other things, alcohol, medication and/or drugs and other intoxicating or mind-altering and/or narcotics, access will be without refund (further ) are refused due to the strict safety regulations.
- Professional registration of the event in any form whatsoever, including photographing, filming and making (other) sound and/or image recordings, is prohibited, as is reprinting and/or copying from the program (booklet), posters and other printed matter. All such records will be confiscated and destroyed without further ado.
- If the customer leaves the place where the event takes place after entering the place where the event takes place, the admission ticket will lose its validity
- The customer is obliged to comply with the regulations (including house rules) and/or instructions of Blow Up, the operators of the place where the event is held, the security personnel (security), the fire brigade and other authorized persons. At Blow Up and its operators or partners there is a general smoking ban in force both inside and outside on the event site, this smoking ban applies to all forms of (including electronic) smoking materials. The customer can smoke in the designated and designated areas for this purpose.
- Blow Up has an advisory age of at least 16 years for visiting events independently (i.e. without being accompanied by an adult). We advise younger visitors to be accompanied by an adult. Blow Up reserves the right to apply a mandatory minimum age for specific events, this will be clearly communicated in advance. Blow up is always for 4 years and older.
Article 5 – Rights of Blow Up
- In case of violation by the customer of (one or more of) the provisions as stated in the General Terms and Conditions, Blow Up is entitled to invalidate the admission ticket or to refuse the customer (further) access to the event without the customer being entitled to a refund of the the amount he owes Blow Up for the admission ticket (including service costs), whether or not via a (advance) sales address. Holders of invalidated admission tickets are not entitled to any refund or compensation in any other way. Blow Up will also report any criminal finding to the police and deny the customer access to blow up events and partner events for at least 5 years. The customer’s account is closed and placed on an internal incident list.
- Blow Up reserves the right to deny the customer (further) access to the event or to remove it from the place where the event takes place if Blow Up deems this reasonably necessary to maintain peace and quiet.
- Blow Up reserves the right to refuse or block the customer if the customer expresses disrespect and/or threats or misconduct against (customer service) employees in word and writing, both via e-mail and live chat and via the contact form and the Social Media Channels and any other form of communication. Blow Up will report serious threats.
- Blow Up reserves the right to include the customer in an internal incident register (“blacklist”) and to deny access for 5 years, which also applies to other events of Blow Up Extreme/NiDo.
- If it is plausible that the admission ticket has been forged, Blow Up is entitled to refuse the holder of this admission ticket (further) access to the event, without the customer or this holder being able to claim any damage he may incur as a result.
- Blow Up and artists or designated partners engaged by it are entitled to make image and/or sound recordings of the event and to use and publish these images in the broadest sense of the word for, among other things, promotional purposes for themselves or for the benefit of their partners or sponsors. Persons appearing in the recordings cannot claim any compensation. The customer declares that he is aware of and agrees with the foregoing and now waives the right to oppose the use of his portrait/likeness
- Blow Up is allowed to take additional (safety) measures per event. Blow Up will timely announce and communicate the implementation of such measures to the customer, for example by sending a mailing and/or posting a message on the website of the location. It is ultimately the customer’s responsibility to be aware of any such additional measures
- To protect the customer and his safety and property, (live) camera surveillance is present, which is stored for a minimum of 72 hours and a maximum of 24 months on and around the site, on the location and any additional sites such as parking garages and smoking areas of Blow Up Extreme and its partners or designated parties. At the request of security services and/or competent authorities, these images can be shared and/or viewed live and handed over where necessary.
Article 6 – Force majeure
- In the event of force majeure in the broadest sense of the word, including in this context illness and/or cancellation of the artist(s), strikes, fire, bad weather conditions, epidemics, pandemics, etc., Blow Up has the right without further statement of ( substantive) reason to move the event to a later date or to postpone the event
- If, as a result of or in connection with force majeure, the event is canceled by Blow Up before it has started, Blow Up will only be obliged to refund the customer the fee stated on the admission ticket, or in the absence thereof the fee (in principle excluding service costs) which the customer has paid via the official (advance) sales address as referred to in Article 1. If an event has to be canceled as a result of or in connection with force majeure after it has started, Blow Up will only be obliged to refund a portion of the fee stated on the admission ticket, or in the absence thereof, the compensation (excluding service costs) which the customer has paid via the official (advance) sales address as referred to in Article 1.1. Reimbursement will only take place within twelve weeks after the canceled date at an (advance) sales address, after the customer has handed over a valid and undamaged ticket for the (cancelled) event to this (advance) sales address. In such a case, the (advance) sales address decides on the refund of service costs. Other damage (including travel and accommodation costs) will not be reimbursed. Nor can the customer claim (replacement) access to another event.
- If the event is moved to another date by Blow Up as a result of force majeure or in connection with force majeure, the admission ticket will remain valid for the new date on which the event will take place. For this purpose, an email will be sent with a rebooking code that entitles the customer to the same type of ticket. If the customer has redeemed this rebooking code, any right to a refund will lapse, regardless of what is discussed before or afterwards via customer service. If the customer is unable or unwilling to visit the event on the new date, he is entitled to hand in his admission ticket to an (advance) sales address against a refund of the fee stated on the admission ticket, or failing that, the fee (in principle excluding service costs) which the customer has paid via the official (advance) sales address as referred to in Article 1.1. This refund will only take place if the customer submits a valid and undamaged admission ticket to the (advance) sales address in time. If the event has been moved to a later date, the customer cannot claim a refund of the aforementioned fee if he has not returned the relevant admission ticket to the (advance) sales address within two weeks after the rescheduled date on which the event takes place. If the event has been moved to an earlier date than stated on the admission ticket, the customer’s right to a refund of the fee will lapse if he does not return his admission ticket to a (for ) sales address. In such a case, the (advance) sales address decides on the refund of service costs. Other damage (including travel and accommodation costs) will not be reimbursed. Nor can the customer claim (replacement) access to another event. Blow Up responds to questions and comments or refund requests within 14 days of receipt of the request.
Article 7 – Liability Blow Up
- In principle, Blow Up is not liable for (direct) damage suffered by the customer and which is the direct and exclusive result of a shortcoming attributable to Blow Up. In an exceptional case, blow up can be held liable for compensation. Compensation is only eligible for damage for which Blow Up is insured and which is compensated by the insurer. Not eligible for reimbursement:
a). Personal injury or personal injury;
b). Consequential damage;
c). Immaterial damage;
d). Damage caused by intent or deliberate recklessness on the part of Blow Up’s auxiliary persons.
- Entering the place where the event takes place and attending the event, including entering the inflatables, obstacle courses, obstacle course and any other affiliated attraction during a Blow Up event, is done by the customer at his own risk, in the sense that Blow Up does not accept any liability for damage caused by the aforementioned entry or attendance, such as (injury) damage and/or consequential damage from/to the customer or to/of their property, hearing, vision and other physical disorders. Blow Up uses an average noise level of up to 103 dB (A) at live events. Blow Up is never liable for the loss of property of customers. The Customer indemnifies Blow Up against any liability as described in Article 7.2
- Blow Up will strive to carry out the program as much as possible according to the announced timetable. However, it is not liable for deviations therein and for any damage that may arise as a result for the customer and/or third parties. Starting times as stated on admission tickets are subject to change. The customer is obliged to check regularly (via Blow Up’s website or other communication channels) whether the starting time remains unchanged.
- Furthermore, Blow Up is not liable for the content and manner of execution of the program of the event, expressly including the length of the program. Blow Up is also not liable for changes in the program of festivals, performances and events.
- Blow Up is not liable for damage to the customer caused by loss or damage to the
Article 8 – Personal data
- Blow Up processes personal data of customers and visitors to its websites in accordance with its privacy statement and in accordance with the General Data Protection Regulation and the General Data Protection Regulation Implementation Act. The aforementioned privacy statement is available at http://www.Blowupextreme.com/privacy
Article 9 – Final Provisions
- Blow Up is entitled to unilaterally change the General Terms and Conditions. In that case, Blow Up will inform the customer of the changes in a timely manner. If the customer is a natural person who does not act in the exercise of a profession or business, and the change results in the customer being provided with a performance that differs materially from the original performance, this customer has the right to dissolve the agreement. as of the date on which the amended general terms and conditions take effect
- Dutch law applies to the General Terms and Conditions and to every agreement that exists between the customer and Blow Up
- All disputes that may arise as a result of the agreement between Blow Up and the customer or any agreement that may result from it, will be settled exclusively by the competent court of West Brabant Zeeland, location Breda.