Preamble
These general terms of sale govern the ticket sale, the concluding of related agreements and the mutual rights and obligations of the PURCHASER/VISITOR, TICKET SELLER and ORGANISER of the festival/show (hereinafter the “FESTIVAL”).
PURCHASER/VISITOR refers to the person in whose name a ticket is reserved and/or purchased and/or the person who attends the FESTIVAL.
TICKET DISTRIBUTOR refers to WEEZEVENT SAS – 14 rue de l’Est – 21000 DIJON, Frankrijk
ORGANISER refers to US BY NIGHT BV – Muntstraat 4 – 2000 Antwerp.
These general terms of sale are an inherent part of the agreement that arises out of the purchase of one or more tickets for the FESTIVAL.
The PURCHASER/VISITOR who reserves one or more tickets explicitly acknowledges the fact of having read and accepted these general terms of sale, now that they have been made available in the reservation process.
Reservation procedures
All reservations are made only after receipt of payment of the sum of money required. The offer to make a reservation applies to the extent that the stated period for receipt of payment is respected. This period will be applied very strictly as an event approaches “sold out” status or a price category for FESTIVAL nears being sold out.
The TICKET DISTRIBUTOR is entitled to have this offer, even in the event of late payment, followed by an effective reservation if the supply of available tickets for a particular price category so permits.
The person or company that makes a reservation is considered to be the customer and guarantees payment of the reservation, even if it must be made out to and sent out to a third party.
The right to cancellation does not apply as the service (the ticket reservation) is effected immediately and concerns services related to leisure activities.
Ownership and prohibition of sale
Any form of counterfeiting (including but not exclusively reprinting or faking), in whatsoever form and using whatsoever process, is strictly prohibited and will result in criminal prosecution.
Ticket buyers must comply with the Belgian ‘Act regarding the Sale of Entrance Tickets to Events’ (as published in the Belgian Law Gazette on 30 July 2013). Regular resale or even occasional resale at a higher ticket price than the original ticket price is prohibited. The TICKET DISTRIBUTOR reserves the right to invalidate any resold tickets. The holder thereof may be denied access to the FESTIVAL, without any right to compensation.
Access to the FESTIVAL is only granted to the first holder of the original ticket. The holder of copied tickets will therefore be refused admission.
Tickets may not be used for commercial or promotional purposes or made available to third parties without the express authorisation of the TICKET DISTRIBUTOR or the ORGANISER.
Identity checks on the PURCHASER/VISITOR by the ORGANISER or the TICKET DISTRIBUTOR are possible at any time.
Liability
The organisation of the FESTIVAL (including but not exclusively the compiling of the programme, date and place of the various performances, etc.) is the responsibility of the ORGANISER to the exclusion of the TICKET DISTRIBUTOR who is only responsible for ticket sales and the related transactions.
Changes to the programme shall not constitute a reason for the refund of the ticket in full or in part. The liability of the ORGANISER in such cases of force majeure is excluded.
Tickets shall not be refunded or exchanged for another event.
The loss or theft of the ticket is the responsibility of the PURCHASER/VISITOR and shall not give rise to replacement or refund.
Other rights, obligations and responsibilities of the purchaser/visitor and organiser of the festival
The PURCHASER/VISITOR is not allowed to bring the following objects onto the festival site, on penalty of confiscation by security personnel:
- drinks, cans,
- laughing gas, drugs,
- dangerous objects such as glassware, metal drinking bottles, filled bottles or drinking bottles, fireworks, weapons, sharp objects or other objects which the ORGANISER considers dangerous.
The ORGANISER may amend or supplement this list at any time.
Entering the festival site implies acceptance of all the preventive and control measures that the ORGANISER or security team take, including possible frisking and searching of bags. Failure to respect these measures shall result in a refused or withdrawn right of access, without any right to compensation.
The official sale of T-shirts and souvenirs shall be confined exclusively to the festival site. The ORGANISER points out to the PURCHASER/VISITOR that any sale outside the festival site is not an official sale and may therefore be counterfeit.
TV recordings will be made during the FESTIVAL. It is therefore possible that the PURCHASER/VISITOR will be filmed. By entering the festival grounds the PURCHASER/VISITOR agrees to waive your portrait rights.
The ORGANIZER reserves the right to fly drones on and around the festival grounds, making you an involved party.
The ORGANISER and/or TICKET DISTRIBUTOR reserve(s) the right to check the identity of the festival goer at any time.
The ORGANISER and/or TICKET DISTRIBUTOR can in no way be held liable for damage, loss, theft or any damage to property or person that the PURCHASER/VISITOR suffers as a result of the FESTIVAL, be it on the festival site, outside or on the way.
It is expressly forbidden to conduct any promotional or commercial activity at the festival without previous permission from the ORGANISER.
Excepting written authorisation from the ORGANISER any commercial use of the name or logo of the FESTIVAL itself or the artists that appear is strictly prohibited.
Cashless
Cashless payments
When purchasing UBN TOKENS for a FESTIVAL/CONCERT, the BUYER/VISITOR expressly agrees to the ORGANISER’s current ‘Cashless Payments’ terms and conditions. The purchase of UBN TOKENS implies acceptance by the BUYER/VISITOR of these terms and conditions.
The terms and conditions for cashless payments will also be available at the counters and cashless help desks at the FESTIVAL/CONCERT. When a BUYER/VISITOR purchases UBN TOKENS at a physical counter for the first time, the BUYER/VISITOR also accepts these terms and conditions for cashless payments.
For the cashless system, the ORGANISER is supported by external suppliers/payment providers.
General
Cashless payments are used at a FESTIVAL/CONCERT. The ORGANISER reserves the right to also allow other payment methods for organisational and practical reasons without notifying the BUYER/VISITOR in advance.
UBN TOKEN is the official currency during a FESTIVAL/CONCERT. The BUYER/VISITOR can purchase UBN TOKENS through an online top-up transaction in the Cashless Account or a top-up transaction at a counter at the FESTIVAL/CONCERT. UBN TOKENS can be used to make payments through a cashless medium (a tag attached to the official wristband giving access to a FESTIVAL/CONCERT, or a cashless card). The value of one UBN TOKEN is communicated to the BUYER/VISITOR as soon as UBN TOKENS are made available for purchase.
The ORGANISER cannot be held liable if the cashless system does not work, experiences issues, or works only partially during a FESTIVAL/CONCERT.
The ORGANISER shall not draw up detailed invoices concerning individual expenditure of UBN TOKENS.
Disputes over transactions
Problems with online top-up transactions shall be immediately reported by the BUYER/VISITOR to cashless@usbynight.be. Problems with top-up transactions at the FESTIVAL/CONCERT shall be reported by the BUYER/VISITOR to the cashless help desk at the FESTIVAL/CONCERT or to cashless@usbynight.be. Other transaction problems should be reported as soon as possible to the cashless helpdesk at the FESTIVAL/CONCERT or via cashless@usbynight.be.
The ORGANISER reserves the right to reject complaints if there is no evidence or documentation relating to the problem.
The ORGANISER cannot be held liable for the theft or loss of the cashless medium (tag attached to an official wristband giving access to a FESTIVAL/CONCERT, or a cashless card). In case of loss or theft, the BUYER/VISITOR shall immediately report this to the cashless helpdesk at the FESTIVAL/CONCERT or to cashless@usbynight.be.
Refunds
With the exception of UBN TOKENS granted for free by the ORGANISER which are not refundable under any circumstances, UBN TOKENS can only be refunded after the end of the FESTIVAL/CONCERT. Barring force majeure, refunds requested on time will be made within 30 days of the event.
Refunds are subject to a refund fee, which is communicated to the BUYER/VISITOR as soon as UBN TOKENS are made available for purchase. UBN TOKENS granted for free by the ORGANISER cannot be used to pay the refund fee.
Refunds can be requested by the BUYER/VISITOR within the deadline determined by the ORGANISER by submitting the refund form that will be made available in the Cashless Account. Refund requests made after this date will not be considered. The BUYER/VISITOR is responsible for providing the ORGANISER with the correct information concerning refunds.
Disputes
Disputes concerning orders must be brought to the attention of the TICKET DISTRIBUTOR by registered mail no later than eight days after receiving the request for payment. Other disputes regarding ticket sales must be reported to the TICKET DISTRIBUTOR within a reasonable period of time, and at a maximum of thirty days after the dispute has arisen.
The TICKET DISTRIBUTOR points out the existence of the European Online Dispute Resolution (ODR) platform. This platform aims to resolve disputes completely online, after submission of an electronic customer form.
These general terms of sale (and any disputes relating to them) are governed exclusively by Belgian law.