“Camping Facility”: the camp site or the accommodation for the benefit of the Event, and whether or not in the vicinity of it.
“Event”: the public or private event, organized by EXTREMA, of musical, artistic, cultural, sporting or other nature, such as a festival, including, as the case may be, one or more performances of one or more artists.
“EXTREMA”: EXTREMA OUTDOOR BELGIUM BV, with its registered office at Braziliëstraat 26, 2000 ANTWERP, BELGIUM and registered under company number 0833.913.057. EXTREMA can be reached by e-mail at [email protected] and by mail at: Braziliëstraat 26, 2000 ANTWERP, BELGIUM.
“House rules”: the behavioural obligations of the Customer and of any person participating in an Event, as defined in article 7, applicable at any Event and at any Camping Facility, and forming an integral part of these general terms & conditions of sale and thus of the Agreement.
“Customer”: any adult natural person or legal entity who/that enters into an Agreement with EXTREMA.
“Agreement”: the agreement concluded between EXTREMA and the Customer for the sale of an access right to an Event, and/or an access right to and use of a Camping Facility or accommodation (for example, a bungalow or a ‘Festitent’) at the relevant Camping Facility, including the Ticket, the invoicing and these general terms & conditions of sale (including the House rules laid down in Article 7).
“Force Majeure”: an incident or occurrence as defined in Article 6.8.
“Ticket”: the ticket which grants the right to (i) access an Event, (ii) and/or use of a Camping Facility, and/or (iii) transportation to and/or from an Event, subject to an Agreement.
“Working day”: every day except Saturday, Sunday and the days of all Belgian public holidays.
Scope of application
The Customer confirms that he or she or it has taken note of and accepts these general terms & conditions of sale.
These general terms & conditions of sale shall apply in full to any Agreement with and any transaction carried out by EXTREMA, except in cases where EXTREMA has set out an express provision for a deviation.
The Customer accepts that application of his/her/its own (general or special) conditions is excluded.
In a case where the Customer is a legal person, said Customer guarantees and binds itself to ensure that any person who participates on its behalf in an Event, makes use of a Camping Facility, and/or uses the transportation services offered by or on behalf of EXTREMA, shall be made fully aware of the Agreement and that the person concerned will respect and uphold the Agreement.
A copy of these general terms & conditions of sale shall be sent with the e-mail referred to in Article 3.3.
Order and Ticket
Ordering a Ticket establishes, by default, an Agreement with EXTREMA.
The Ticket will only be ordered digitally and delivered digitally by sending an email to the address provided by the Customer, unless there is express agreement with EXTREMA to deviate from this method.
The Customer is responsible for providing accurate data, including the details for Ticket delivery.
The Ticket is a document containing one or more access codes, in the form of a QR or barcode.
The Customer is required to either print the Ticket or save it digitally in such a way that the Access Code can be scanned.
Each Ticket entitles only one person to access an Event and/or a Camping Facility and/or to transportation.
The Ticket remains the property of EXTREMA. With the exception of cases where EXTREMA has made an explicit decision to deviate from this, the Customer is not permitted to (a) resell a Ticket, and/or (b) offer a Ticket for resale. In a case of a breach of this prohibition, EXTREMA shall have the right to immediately deny access to the Event and/or the Camping Facility and/or use of the transportation to any person who presents themselves with a resold Ticket, and to any person who wishes to resell or offer a Ticket for resale, or to remove the person concerned immediately from the Event and/or the Camping Facility and/or means of transport, and to do so without prejudice to any additional rights EXTREMA has, and without EXTREMA being liable to any form of compensation.
Only adult natural persons have the right of access to an Event, a Camping Facility, and transportation. EXTREMA reserves the right to confirm the age of any person who presents themselves at an Event and/or at a Camping Facility and/or on a means of transportation organized by or on behalf of EXTREMA, or any person who is present at an Event and/or at a Camping Facility and/or on a means of transportation organized by or on behalf of EXTREMA.
EXTREMA has the right to immediately revoke or immediately refuse access to the Event and/or the Camping Facility and/or transport, or to immediately remove from the Event and/or the Camping Facility and/or means of transport, any person who refuses to cooperate in an identity check, who is a minor and/or who is unable to present a valid identity card showing they conform to the age of consent, and to do so without prejudice to any additional rights EXTREMA has, and without EXTREMA being liable to any form of compensation.
EXTREMA has the right to remove immediately any person who cannot present a valid Ticket for an Event and/or a Camping Facility and/or means of transportation, and to do so without prejudice to any additional rights EXTREMA has, and without EXTREMA being liable to any form of compensation.
It is not permitted to falsify and/or modify the Tickets in any way.
If, without prejudice to Article 3.11, a Ticket has been reproduced, and multiple Tickets with the same Access Code are offered for access to an Event and/or a Camping Facility and/or means of transportation, and provided that said code is associated with a valid Ticket, only the first natural person who presents her or himself with the Ticket in question shall be granted access. Any person who presents a Ticket with the same access code later will be refused.
In general, EXTREMA has the right to immediately remove from the Event and/or the Camping Facility and/or means of transportation the Customer and any person who participates on behalf of the Customer in an Event and/or uses a Camping Facility and/or means of transportation, in breach of the Agreement, and to do so without prejudice to any additional rights EXTREMA has, and without EXTREMA being liable to any form of compensation.
Price, payment and invoicing
The price is determined in the Agreement and stated on the Ticket.
All prices charged by EXTREMA include Belgian VAT and any other government levies that are fully borne by the Customer.
EXTREMA reserves the right to outsource the Ticket ordering and payment process to a commercial partner acting in the name and on behalf of EXTREMA.
The payment methods accepted by EXTREMA are shown in the ordering process that the candidate customer goes through before ordering a Ticket.
The Customer has the right to request that he, she or it receives electronic invoices from EXTREMA by submitting a request, with all the billing information, in EXTREMA’s official ticket shop. Once all the billing information has been entered, and the billing option has been indicated, the Ticket will be delivered electronically.
In the absence of full and timely payment of one or more invoices, EXTREMA is entitled by law and without prior notice of default (i) a right to payment by the Customer of default interest at the rate provided for in Article 5 of the Belgian Law of 2 August 2002 on combating late payment in commercial transactions, and this shall be applicable from the due date of each invoice up to the date of full payment and (ii) the right to payment of a flat-rate compensation amounting to the equivalent of 10% of the unpaid invoice amount, subject to a minimum of EUR 50.
In the absence of payment on the date on which one or more invoices are due, all outstanding but not yet due invoices shall become due automatically, and without prior notice of default to the Customer.
In the absence of payment on the due date of one or more invoices, even one issued under another agreement, EXTREMA has the right to deny access to the event, the Camping Facility and/or transportation to the Customer and/or anyone presenting themselves on behalf of said Customer.
If the Customer consists of several persons (natural and/or legal persons), they shall be jointly and severally liable for any payments due under the obligation of the Agreement.
If the Customer has several unpaid invoices, then EXTREMA, exclusively, has the right to offset the amount of the payments that the Customer is still liable to pay. Offset of amounts due by EXTREMA takes precedence over that of the Customer.
The Customer is not permitted to compensate costs against that which he, she or it owes to EXTREMA, unless EXTREMA has given express permission. EXTREMA, on the other hand, has the right to compensate against all amounts that the Customer shall owe to EXTREMA on any account, whether or not these amounts are due.
If the Customer is a consumer and EXTREMA fails to pay or repay certain sums to said Customer in good time, he or she may, in application of Article VI.83, 17° of the Belgian Code of Economic Law, claim the same remuneration as that provided for in Article 4.6(ii).
Modification of an Event
EXTREMA reserves the right to change the practical organization of an Event, a Camping Facility or transportation, for example by making adjustments to the cast/staffing and day-to-day arrangement of the performances of artists, and to do so without the Customer being entitled to any compensation. The Customer accepts that the practical organization is not an essential characteristic of the Agreement for him, her or it.
EXTREMA is not liable for any slight error it should make, nor for any slight error caused by its representatives.
EXTREMA shall not be liable in any way for indirect or consequential damages, including but not limited to time loss, loss of customers, loss of profits, loss of income, increase in general costs, disruption of a trade activity, claims by third parties (e.g. customers, suppliers or other contracting parties associated with the Customer), reputation damage, loss of future savings, personnel costs, loss of opportunity or business opportunities, loss of goodwill or any other form of economic damage.
Without prejudice to mandatory legal provisions, EXTREMA shall not be liable for any accidents that might occur.
EXTREMA is not liable for damage to the Customer’s materials.
EXTREMA is not liable for any damages that Customers (or those acting on their behalf) cause to each other.
EXTREMA is not responsible for any damage caused by a Customer error, for example providing incorrect details when ordering a Ticket, or loss, theft or damage to the Ticket.
The client accepts that Events occur outdoors and that the Camping Facilities are open air, and indemnifies EXTREMA from liability in this respect.
EXTREMA is not responsible for any damage occurring as a result of Force Majeure. EXTREMA reserves the right to cancel an Event, postpone it in whole or in part, and/or to alter the location of an Event in whole or in part, in cases of Force Majeure. For the purposes of this agreement Force Majeure shall include any occurrence that, reasonably, makes fulfilment of EXTREMA’s undertaking impossible, exceptionally difficult or exceptionally expensive. Without being an exhaustive list, the following shall, for example, be deemed to constitute Force Majeure for EXTREMA: a strike, lock-out, war, a governmental obligation, a claim, occupation of the territory, a riot, attack, terrorist threat, robbery, sabotage, epidemic, disease, fire, flood, snowfall, storm, earthquake, natural disaster, change of transport rates, changes in customs tariffs, labour shortages, fuel shortages, machine failures, traffic congestion, late delivery by its supplier or subcontractor (including cancellation of participation in an Event by one or more artists), insolvency of one or more of EXTREMA’s suppliers or subcontractors, a supplier or subcontractor having insufficient stock, and any external cause affecting its supplier or subcontractor. The aforementioned occurrences are considered to be unforeseeable and unavoidable for EXTREMA.
EXTREMA is not liable for the form and/or content of any opinions expressed by artists during an Event.
In any case, EXTREMA’s liability to the Customer is limited to the net purchase amount (excluding taxes) of the Agreement(s) to which the (grave) error relates.
The Customer shall fully indemnify EXTREMA regarding the principal, and any interest and (legal or legal-representation) expenses in connection with any third-party recourse in relation to the Agreement resulting from actions of the Customer or any person acting on behalf of said Customer.
In any case, the Customer must notify any complaint he, she or it has by registered letter within ten (10) working days, and in absence of such notification, the complaint will not be accepted, and he, she or it will be deemed to have waived any right (recourse or otherwise) to a legal claim against EXTREMA.
The Customer is obliged to respect and enforce the following House rules. The word “you” means the Customer or anyone acting on his, her or its behalf:
You may not bring drugs or weapons to the site and/or use them. Upon entering you will be strictly searched. Refusal to accept this will result in denial of access to the festival. Extrema has a Zero Tolerance policy on drugs. Please take note of the following too.
You may take medications to the festival, when necessary for your health, and subject to possession of a valid medical certificate, which you must be able to present upon EXTREMA’s first request.
Smoking is allowed, but not in the festival tents. Please pay a little consideration to the environment. Do not throw your cigarettes on the ground, but extinguish them and dispose of them (extinguished) in the trash bins.
Don’t be lazy! Please, just walk that few meters further to put your waste in the trash bin.
Violence and intimidating behaviour are not tolerated. This includes discrimination, sexual harassment or the wearing of provocative clothing (e.g. football shirts carrying the full colours).
Making noise is not allowed after 03:00 on Thursday, Friday, Saturday and Sunday. Making noise is not allowed after 22:00 on other days.
EXTREMA does not permit having meals delivered. Prepared meals such as pizza, kebab, fries and so on, are not permitted on the camping and festival sites.
A drink is fine! But please drink with moderation. Drunk visitors will be ejected from the site(s). This also applies to using medication. Take no more than is necessary.
Extrema invests and does its utmost to make the festival décor as nice and festive as possible. Therefore, theft or destruction of EXTREMA’s property or that of a third party is strictly prohibited.
In regard to everyone’s safety and security, possession of glass, aerosol cans (with propane), fireworks and umbrellas is strictly forbidden.
Making a fire is also forbidden.
Climbing fences and/or other installations or infrastructures is not tolerated.
Digging holes, ditches or pits is not permitted.
Swimming is not permitted.
Trading in goods of any kind, without express consent from the Extrema organization, is not permitted.
Posting flyers and/or posters from other events and/or campsites, without the permission of the organization, is not permitted.
You are allowed to bring a camera with you, with the exception of semi-professional or professional equipment.
Fire and emergency exits must always remain free and must not be blocked. EXTREMA retains the right to remove, at any time, any material in front of or near such exits.
EXTREMA reserves the right to monitor compliance with the House rules. Thus EXTREMA reserves the right to search the Customer and/or anyone participating in an Event and/or using a Camping and/or transportation organized by or on behalf of EXTREMA. In a case of refusal to accept a search, EXTREMA has the right to remove immediately the person in question from the Event and/or Camping Facility and/or means of transportation, and to do so without prejudice to any additional rights EXTREMA has, and without EXTREMA being liable to any form of compensation.
Without prejudice to the stated non-permitted behaviours and objects, the following are not permitted at an Event, at a Camping or in a means of transportation organized by or on behalf of EXTREMA: sharp objects, fires, barbecues, gas installations, fuels, candles, generators, music systems, cars, trailers, shopping carts, car batteries, pets except guide dogs, weapons or objects that can be used as weapons, clothing that can be considered challenging, any form of promotion, aggression, climbing fences and structures or destroying them, drugs or substances that can be used as drugs.
Smoking is not permitted in a means of transportation organized by or on behalf of EXTREMA.
The Customer and any person participating on behalf of said Customer in an Event or using a Camping (or accommodation at one), or means of transportation, organized by or on behalf of EXTREMA, is obliged to act as a normal careful user and will accordingly take the necessary care.
Public immoral behaviour is not permitted. Using the Camping and the Camping premises for the sale of sexual or similar services is strictly forbidden.
Wild camping is not permitted.
No waste may be left behind on departure from an Event, a Camping or a means of transportation organized by or on behalf of EXTREMA. The Customer and anyone acting on his, her or its behalf shall be obliged to leave the Camping, the associated campsite or accommodation in question in a clean and tidy state upon departure from the campsite.
The permitted access and periods of use are an integral part of the Agreement.
Processing personal data and portrait rights
EXTREMA is responsible for processing personal data within the scope of the Agreement. EXTREMA shall take all appropriate technical and organizational measures to ensure that the processing of such personal data complies with the applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (hereafter: “GDPR”).
In any case, and to the extent that the Customer is responsible for processing personal data under the Agreement, the Customer shall comply with applicable data protection laws, including the GDPR.
Without prejudice to the other provisions of this article, the Customer accepts that he, she or it, or anyone acting on said Customer’s behalf shall be filmed and photographed. The Customer waives his, her or its portrait rights and states that in his genuine opinion anyone who participates on said Customer’s behalf will also waive his or her portrait rights. The Customer dissociates herself, himself or itself from any claim against ESTREMA and makes a strong commitment to ensure that anyone acting on her, his or its behalf also dissociates from any claim against ESTREMA.
Intellectual property rights
All intellectual property rights on or associated with creations developed by EXTREMA in the context of the implementation of the Agreement shall remain exclusively the property of EXTREMA.
No provision in the Agreement shall be construed as a complete or partial transfer of such intellectual property rights to the Customer.
The Customer undertakes to fully respect the intellectual property rights of all artists at an Event, and commits to ensure that everyone who participates in an Event on her, his or its behalf shall do the same.
These general terms & conditions of sale shall always apply without prejudice to the mandatory laws for the protection of consumers or undertakings (in particular the relevant provisions of the Belgian Code of Economic Law).
Any nullity, invalidity and/or unenforceability of any of the provisions of these general terms & conditions of sale and/or the Agreement shall in no case result in the nullity, invalidity and/or unenforceability of the remaining provisions or the whole of these terms & conditions of sale and/or the Agreement. In a case where any of the provisions of these general terms & conditions of sale and/or the Agreement exceeds any legal limit, the provision or part thereof shall not be null and void, however, parties shall be deemed to have agreed that this provision or its conflicting portion shall be reduced or limited to that which is the maximum permitted under applicable law and any provision or portion thereof exceeding these limits, shall be amended or replaced by law by a valid clause as close as possible to the original intent of the parties.
The Customer shall not be entitled to transfer all or part of its rights and obligations under these general terms & conditions of sale, and/or the Agreement, to third parties without the express written consent from EXTREMA. However, EXTREMA is entitled to transfer its rights and obligations, but without reducing the guarantees that are to the benefit of the Customer.
EXTREMA reserves the right to change these general terms & conditions of sale at any time.
Any reference to an article shall be a reference to an article in these general terms & conditions of sale, unless there is an express determination of an exception.
These general terms & conditions of sale and the Agreement are subject exclusively to Belgian law.
The courts of Antwerp (Antwerp Section) shall be solely competent to consider any dispute concerning the validity, interpretation or implementation of these general terms & conditions of sale and/or the Agreement, without prejudice to EXTREMA’s right to sue the Customer before the competent court for EXTREMA’s place of establishment.