Effective since 17th December 2019.
In these Terms & Conditions (hereinafter: T&C) the Tonspec Kft. (head office: 1115 Budapest Bartók Béla út 105-113, company reg. No.: 01-09-931397) (hereinafter: Organizers), as the organizers of the event “Paloznaki Jazzpiknik” (hereinafter: Event), set out the general terms of attending on the Event organized by them, and the relationship between Organizers and the person purchasing or receiving the ticket without remuneration (hereinafter: Ticket Buyer) and the person attending on the event as authorized to enter (hereinafter: Visitor). Ticket Buyer or Visitor (hereinafter collectively: Customer) acknowledges, that by the purchase or reception of the ticket, (s)he accepts the provisions set out in this T&C, undertakes to exercise his/her rights in good faith and to fully fulfil his/her obligation, and acknowledges the legal consequences applicable for breaching this T&C. Rights and obligations of Organizers and Customer arising from this T&C, the Event’s entry rules and code of conduct are completely included in this T&C, which serves as house rules too. This T&C may be viewed and printed on the Event’s website (www.jazzpiknik.hu), and is also available at the ticket sale points and in the contracted ticket offices too.
I. Purpose and Scope of this T&C
- Organizers provide participation to the Event with the conditions set out in this T&C, and the opportunity to avail services provided there free of charge or for remuneration.
- This T&C shall be valid irrespective of the purposes of the visit (eg. press, artist, VIP), the way of receiving the ticket (eg. complimentary ticket, prize), and term (one, two or three days) on all Customers. The Scope of this T&C also cover all of those persons, who are unauthorized to attend on the Event (eg. with invalid or forged ticket, armband, or without certificate granting entry and attendance on the Event).
The unauthorized attendant shall not have the Customer’s rights provided in this T&C, there are no obligations of the Organizers against them, and unauthorized attendant shall not enforce any claim against the Organizers in regards the Event or the performance of this T&C.
- The previously purchased ticket granting the right to receive the armband may be freely transferred by the Ticket Buyer, however, the Ticket Buyer shall notify the person receiving the ticket on the provisions of this T&C and its source. Transferor shall be fully liable for the consequences of failing to provide such notification. The person receiving the ticket shall ensure that the person transferring the ticket shall not reuse or resale the certification containing the individual ID. Organizers exclude their liabilities in regards all ticket purchases, which are made from other party than the Organizers or their contracted partners.
- This T&C shall remain in force for indefinite duration, Organizers may unilaterally amend it. In the event of amendment, the T&C and the respective amendments incorporated into a consolidated structure shall promptly enter into force by publishing on www.jazzpiknik.hu site. Organizers, from the beginning of the ticket purchase to conducting the Event, may amend this T&C only with good reasons. In the event of any amendment in this period having adverse effect on the Customer, Customer may withdraw from the Agreement in writing without notice, within 10 days from the date when this T&C enters into force, provided that (s)he has not started visiting the Event. Among others, the change of legal background, economic, business, public health, public security, environmental, etc. conditions are deemed good reason to amend the T&C.
II. Content of Relationship
- Organizers provide the opportunity to enter the Event, to participate on programs and avail services provided in the Event’s area free of charge or for remuneration to persons with valid armband.
- Any unauthorized attendant shall not take part on the Event, Organizers’ agent call him/her to buy ticket, otherwise leave the Event.
- The Event shall collectively mean the programs and available services, the ticket price is irrespective of what services the Customer actually wishes or can avail. Organizers do not guarantee to Customers each performance, program, service, access to them, fitness for individual style, sound system, visual level organized by Organizers, but conducted upon the performance of intermediators. However, Organizers shall always make their best efforts to provide programs previously made available, performers and services at high level, or to replace absent performer or missing program or service with another program or service at similar quality program or service. Customer shall not be entitled for any reimbursement of the ticket price in whole or in part regarding the provisions of this Clause.
III. Conditions of Entering the Event
- Entry to the Event is possible within the timeframes and conditions provided by the purchased ticket. The one-day Thursday ticket provides the opportunity to enter and attend on the Event on the day of validity between 17:00 and the subsequent day’s 01:00, the one-day Friday and Saturday ticket on the day of validity between 16:00 and the subsequent day’s 01:00. The two-day season ticket provides the opportunity to enter and attend on the Event on Friday and Saturday between 16:00 and the subsequent day’s 01:00, the three-day ticket provides the opportunity to enter and attend on the Event between Thursday 17:00 and the subsequent day’s 01:00, whilst on Friday and Saturday, between 16:00 and the subsequent day’s 01:00. Beyond the above timeframes, family programs organized in the Event’s ‘tájház’ area between 10:00 and 15:30 may be visited free of charge.
- Ticket may be purchased either electronically or personally at the sale points. In case of online ticket purchase, Organizer’s contracted partner shall provide the secure payment platform and determine the process of online purchase, the required data, the confirmation method and the rules of downloading and printing the tickets. Every ticket has an individual ID, Ticket Buyer is responsible to present the certificate including the individual ID related to each ticket in case of purchasing multiple e-tickets, and keep them secure to prevent unauthorized parties access to it. Customer acknowledges, that the tickets are subject to submittal, Organizers provide the armband entitling entry, who is the first to submit the certificate containing the code. Organizers shall not be liable for potential abuses.
- The ticket purchase may be cancelled until the payment, however, the Customer shall not have the right to withdrawal (cooling-off) pursuant to Government Decree 45/2014. (II. 26.) Section 29 (1) l). Organizers exclude the opportunity to redeem or replace the tickets, or to reimburse the ticket’s price purchased in advance in any way.
- The possessor of the ticket purchased in advance is entitled to make the Organizer’s agents replace the ticket to and armband providing entry or attendance on the Event. Customer shall at all times wear the armband during its validity. The persons acting on behalf of Organizers at entry and leave, and continuously in the Event’s area. If Customer’s armband is invalid, (s)he shall leave the Event’s area.
The armband shall not be transferred to anyone else. Primarily, the armband worn on the hand is deemed valid, but in justified cases, the armband may be worn on any limb, from where it can not be removed without damage. Damaged, re-attached, cut, opened, with diameter exceeding the hand, manipulated otherwise, etc. is invalid. Organizers do not replace damaged or lost armband. Organizers initiate a proceeding against ticket forgers and contributors to ticket forging.
- Access to the VIP area is only possible with the appropriate wristband. The VIP area has limited reception capacity, so access might be restricted at certain times. The sponsors of the Event have the right to hold a private event and restrict their branded deck for up to 2 hours.
- The Event is conducted even under adverse weather conditions. The Event is not conducted, if the Organizers are ordered by the authorities to suspend or close the Event, or when the Organizers deem so that conducting the Event would involve risk to life or health. Since the ticket purchased to the Event is valid on all programs of the whole Event (season ticket), if the program is not conducted taking the above into consideration, the Customer shall not have the right to get reimbursement for the price of ticket or season ticket in whole or in part.
- Customer, when entering to the Event’s area, submits himself/herself to the entry process conducted according to the relevant laws. Organizers, to conduct the Event in a safe manner, reserve the right to restrict the list items and tools permitted to bring into the Event’s area. Therefore, it is strictly prohibited to bring drugs, fireworks, glass items, umbrella, items or tools containing explosive, toxic or flammable materials, firearms, knife with cutting edge exceeding 8 cm, folded knife, spring knife, pepper spray, cosh, metal chain exceeding 50 cm, throwing star, sling-shot and other items listed in the actual laws on hazardous tools, currently Government Decree 175/2003. (X. 28.). Customer shall not enter the Event’s area with items subject to restriction.
- No food product, alcoholic or non-alcoholic beverages shall not be brought into the Event’s area. It is also prohibited to bring commercial amount of tobacco products (more than 5 boxes of cigarettes, 3 boxes of little cigar and 5 pieces of cigars into the Event’s area.
- Dogs may be brought into the Event’s area, but strictly upon Customer’s liability. Customer bringing dogs into the Event’s area shall be liable for all damages caused by his/her dog.
- Organizers do not operate safe deposit boxes in the Event’s area, and Organizers do not bear any responsibility for items brought into the Event’s area by Customer.
- Around the Event’s entry, Organizers and the Municipal of Paloznak provide parking opportunity to Customers for remuneration. Customer acknowledges and accepts, that the parking order is determined and governed by Organizers’ agents. Organizers do not provide guarding in the designated parking lots, Organizers exclude their liability in regards vehicles and items left in them.
- Children under 15 years may visit the Event free of charge. Minors under 16 years may enter and stay in the Event’s area only with adult escorting person.
- People with disabilities may visit the event free of charge, however, escorting persons shall purchase ticket! Due to screening abuses, we kindly ask our guests with disabilities to certify their disabilities with their respective certificates. We accept the photo certificates of the following organizations: Értelmi Fogyatékossággal Élők Országos Érdekvédelmi Szövetsége (ÉFOÉSZ), Magyar Vakok és Gyengénlátók Országos Szövetsége (MVGYOSZ), Siketek és Nagyothallók Országos Szövetsége (SINOSZ), Siketvakok Országos Egyesülete (SVOE), Mozgáskorlátozottak Egyesületeinek Országos Szövetsége (MEOSZ), Autisták Országos Szövetsége (AOSZ).
- Organizers reserve the right to limit the number of certain ticket categories and to make the certain ticket category unavailable prior to the Event.
IV. Conditions to Attend on the Event
- Customer shall act on the Event’s area according to the general code of conduct, pursuant to the relevant laws and this T&C. Customer shall refrain from any such actions or communication, which would risk or infringe other’s rights, life or health. In the Event’s area, it is prohibited to conduct any demonstration not related to the programs organized by Organizers, without Organizers’ permit.
- Customer shall pay extra attention in the Event’s area on protecting built and natural values, in particular the buildings, monuments of Paloznak and buildings situated in the Event’s area, and shall refrain from damaging them. Customers must use dustbins to dispose of waste. Organizers notify Customers, that lighting any fire is strictly prohibited in the Event’s area.
- Visitor acknowledges, that Organizers, or upon their authorization, their contracted partners, may make audio- and video footage of the Event. Accordingly, Customer, by his/her participation in the Event, expressly consents to record his/her face, appearance and actions, and to publication in mass scenes, provided that (s)he may be named only upon his/her express consent. If Customer is deemed public person, then (s)he may be named even without his/her consent. On the publications according to the above, its creator, in regards Customer gains unlimited (in space, time and method of use), transferrable and exclusive right to use. Organizers and their contracted partners, in relation to Customer, are entitled to use and utilize the publication without restriction (in particular to promote the Event), to multiply, disclose, re-work, publish, broadcast to public and distribute without any obligation to provide any remuneration to Customer in this regards. Customer shall separately acknowledge that Organizers record the Event and the concerts, programs, multiply and disclose the footages on image storages, repeatedly broadcast or transfer to the public otherwise, including the case when they make the Event, concerts and programs available via cable or otherwise to the public, that the members of the public may individually choose the place and date of access.
- Customer may make audio and video footages on the Event only for private purposes, except footages made from the performers using audio and video recorder integrated into telecommunication device or non-professional camera or video recorder. Customer is not entitled to distribute or utilize the audio or video footage in this case, neither for remuneration, nor free of charge. Audio and video footages made by the Customer shall not infringe the personal rights of others. Organizers exclude their liability for Customers’ unlawful conduct.
- In the commercial and catering units, serving alcoholic beverages to already drunk persons or persons under the age of 18 in the Event’s area is strictly prohibited. Consuming substances deemed drugs pursuant to the laws in force is prohibited in the Event’s area too, since such conduct is subject to the criminal law.
- Participants to the Event may ask for help under the whole duration of the Event from the staff members in service at designated first aid and information points. Staff members in service providing ambulance and security duties in the Event wear uniform, staff members of the moving guards or the above designated points may be alerted in the event of asking for help or the occurrence of emergency situations. Customer expressly undertakes to cooperate with the security staff, and follow their orders, particularly in case of emergency).
- Customer acknowledges, that in the Event’s whole area, it is strictly prohibited to pursue any business, commercial or marketing activity without Organizer’s permit. Customer pursuing such activity without this permit may be banned from the Event.
- Entering the VIP area is allowed only with armband granting dedicated VIP entry for the actual day. The stages available in the VIP area may be freely visited, except when Sponsor closes the VIP stage for max. 180 minutes to manage its own customer reception. Closing of a stage is permitted only once a day for one stage for the above duration, whereas other stages may be freely visited during that time.
V. Code of Conduct outside the Event’s area
Customer shall act and behave outside the Event’s area, during the way back and forth, according to the provisions of the relevant laws, in a civilized manner, following the general behaviour standards. Customer shall refrain from all such actions or communications, which would risk or infringe others’ life or health, in particular Customers or local residents.
VI. Liabilities, Sanctions
- Customer acknowledges and accepts, that (s)he visits the Event only on his/her sole responsibility.
- Organizers guarantee, that Customer may enter the Event only by lawfully possessed armband received for appropriate Ticket, stipulating that Organizers don’t guarantee how long does the entry process itself (i.e. exchange of the Ticket to armband, and entry to the Event with the armband) last. Since the Event is known for consisting of different events, the above warranty obviously does not cover each event, for instance that whether highly visited events may be accessed, and if yes, how long does it take, and how much can it be enjoyed, and Organizers expressly exclude to reimburse the ticket price to Customer for such reasons, or to provide posterior discount, indemnification or any kind of compensation.
- Organizers shall be liable solely for intentional breaches within their control, or which risk human life or health. Organizers, beyond the rights granted to Customers by mandatory provisions of laws, exclude their liability regarding all other damages, including damages in human life, health or personal properties. The ticket price is determined taking these limitation of liabilities into account.
- Due to procedures conducted due to damaged or lost armbands, unauthorized business, trading or marketing activities, prohibited demonstration, controlled substances and consumables brought into the Event’s area, making of prohibited audio or video footages, and all other cases specified in this T&C, Customer shall not issue any request or claim against Organizers. Organizers do not take care of the disposal and custody of pets, objects and consumables prohibited to bring into the Event’s area.
- If Customer provides false or incorrect data to Organizers or their contracted partners either in writing or orally, Organizers exclude their liabilities for damages arising from such communications, however, Organizers may claim the damages arising in this regards against Customer providing false or incorrect data.
- Customer shall be fully liable (pursuant to the Civil and Penal laws) for any damages caused by them or by the persons within their control to Organizers or Organizers’ contracted partners, other Customers or any third parties.
- In the event of Organizers’ lawfully exercised right to terminate the Agreement, Customer is not entitled to submit any claim or request against Organizers.
- Organizers exclude their liability for such damages, that are caused by Customer or other persons within his/her control to another Customer, third party or persons within their interest.
- If Customer breaches any of his/her obligation or prohibition provided by this T&C, Organizers are entitled to exercise their right to terminate the Agreement without notice. In such event, Organizers invalidate Customer’s ticket/armband, and Customer shall not enter the Event, or shall leave it.
- The unauthorized participant shall be deemed Customer in regards the liability clauses provided by this T&C.
- If either Organizers or Customer are unable to fulfil any of their obligation related to the Event in whole or in part, any of its program or service, due to an unexpected circumstance beyond their control that prevents the fulfilment of their obligations (force majeure – eg. war, terror attack or threat, natural disaster, epidemic, traffic disorders, administrative order), then the affected person shall not be liable for any loss or damages arising from such event.
- All information, materials, trademarks, logos published by Organizers on their website, in the press or other platforms to promote the Event are the sole properties of Organizers or their contracted partners. These marks are subject to copyrights or intellectual property rights, and shall not be used, copies or distributed without the written consent of Organizers or their contracted partners.
- If Organizers ask for Customer’s opinions, ideas or notes regarding the Event, then Organizers may obtain unrestricted and exclusive user rights on them without Customer’s any further statements.
- Organizers may avail contribution assistants (subcontractors, agents, etc.) to organize and conduct the Event in unlimited number.
- With respect to matters regarding this T&C, the relationship established between Organizers and Customer, the provisions of the Hungarian laws shall apply.
- In case of any disputes arising regarding this T&C, the services provided by Organizers or the Event, provided that the jurisdiction of the Pest Central District Court, the Budapest Superior Court or Budapest Area Superior Court can not be determined pursuant to the general provisions of the Hungarian Civil Procedure Code (Pp.), Organizers appoint the exclusive jurisdiction of Buda Central District Court or Székesfehérvár Superior Court depending on Customer’s competence.
- The Section titles of this T&C (I.-VII.) serve only easier overview purposes, and shall not be the basis of interpretation.
Budapest, 17th December 2019.