GENERAL CONDITIONS FOR ADMISSION TICKETS INSOMNIAC EUROPE B.V.

Article 1 – Applicability and definitions

1.1 These General Conditions for Admission Tickets (“the General Conditions”) apply to every

legal relationship between Insomniac Europe B.V. (“Insomniac Europe”) and the one who orders/purchases an admission ticket for an event organised by Insomniac Europe through Insomniac Europe, whether or not from an official (advance) sales organisation that Insomniac Europe has engaged for the relevant event (“the customer”) and the visitor of such an event (“the visitor”).

1.2. “Event” is understood to mean musical performances, concerts, festivals and/or other manifestations in the broadest sense of the word.

1.3. “Location” means the actual site of the event as well as all the grounds, spaces, fields, etc. surrounding it which form part of the complex within which the event takes place.

1.4 “Visitor” means ‘the consumer that buys an Admission Ticket for an Event and/or who visits an Event;

1.5 “Admission Ticket” means a physical and/or digital document, ticket or barcode delivered to the Visitor by Insomniac Europe and/or an official sales organisation engaged by Insomniac Europe, which entitles the holder to access and/or attend an Event;

1.6 The applicability of any general terms and conditions of the client or the visitor is expressly rejected.

Article 2 – Admission Tickets

2.1. An admission ticket can consist of a document provided by or on behalf of Insomniac Europe or a

unique barcode or QR code provided by or on behalf of Insomniac Europe.

2.2. The admission ticket is issued once and gives in principle access to one person. If there is a group ticket, the admission ticket provides access to the number of people specified on the group ticket.

2.3. The admission ticket is and remains Insomniac Europe’s property. The admission ticket entitles the holder to attend the event. Only the holder of the admission ticket who is the first to show the admission ticket at the start of the event is granted access. Insomniac Europe may assume that the holder of this admission ticket is also the person entitled to it (the customer). Insomniac Europe is not obliged to carry out any further verification of valid admission tickets. The customer must ensure that they become and remain the holder of the admission ticket issued by Insomniac Europe or by an advance sales organisation engaged by Insomniac Europe.

2.4. As of the time that the admission ticket has been given to the customer, the customer bears the risk of loss, theft, damage or misuse of the admission ticket.

2.5. Only purchases from the authorised advance sales organisations engaged by Insomniac Europe or from Insomniac Europe guarantee the validity of the admission ticket. The burden of proof in this regard lies with the customer.

2.6. The admission ticket that consists of a bar- or QR-code is supplied to the customer via

electronic communication (email or app). If the customer has chosen to receive the admission ticket in this way, the customer must ensure that this admission ticket can be supplied through secure electronic communication. Insomniac Europe can neither guarantee the confidentiality of the supplied admission ticket nor the receipt of the admission ticket.

2.7. Insomniac Europe reserves the right to set a maximum on the number of admission tickets that can be ordered. The customer is then obliged to keep to the maximum fixed by Insomniac Europe. Insomniac Europe reserves the right to cancel the number of tickets ordered that exceeds the maximum set by Insomniac Europe.

2.8. Admission tickets cannot be returned. The provisions of Article 6:230p sub e of the Dutch Civil Code apply to admission tickets. If this option is available, then a ticket may be offered for resale through a ticket exchange platform designated by Insomniac Europe.

Article 3 – Prohibition against Resale, etc.

3.1. The customer is obliged to keep the admission ticket for an event for themselves and

therefore not to resell it in any way to third parties, to offer it for sale or to give it to third parties for commercial purposes. Exempt from this prohibition is the sale of admission tickets through a ticket exchange platform designated by Insomniac Europe.

3.2. The customer is obliged vis-à-vis Insomniac Europe not to advertise or make any (other) form of publicity in any way connected with the event and every part of it.

3.3. The customer who makes their admission ticket available to third parties for free and not for commercial purposes is obliged to impose the obligations imposed on the customer as described in the General Conditions on the person to whom the customer makes the admission ticket available. The customer guarantees to Insomniac Europe that this/these person(s) will comply with these obligations. Insomniac Europe can decide to sell admission tickets to an event by name (i.e. personalized). In that case the admission ticket is non-transferable and – in deviation from the above – only the person in whose name the ticket has been given has access. Insomniac Europe is entitled (but not obliged) to check the identity of the holder of the admission ticket to determine whether it corresponds to the name on the admission ticket, and if it does not correspond, to refuse the holder of the admission ticket access to the event.

3.4. If the customer does not comply with their obligations as described in the preceding

paragraphs of this article and/or cannot guarantee them, the customer will owe Insomniac Europe an immediately payable fine of € 10,000 per violation and € 5,000 for each day that the violation has continued and continues, without prejudice to Insomniac Europe’s right to demand compliance from the customer and/or compensation for the damage suffered or to be suffered.

Article 4 – The Visitor

4.1. The visitor is obliged, if so requested, to cooperate with a body search when visiting the

event. If the visitor refuses to be searched, entry to the event may be refused.

4.2. The visitor must be in possession of a valid and undamaged admission ticket both before and during the event and for as long as the visitor is at the location where the event is held. The visitor is obliged to present the admission ticket at the request of the operator of the place where the event is held, the security personnel and other authorized persons.

4.3. The visitor is obliged, upon first request, to identify himself by means of a valid identification document in order to enable Insomniac Europe, among other things, to comply with its legal obligations in connection with events, including but not limited to the obligation not to provide alcohol to persons below legal drinking age.

4.4. It is prohibited to bring bags and backpacks to the venue. In principle, this does not include bags smaller than A4 size. Insomniac Europe is entitled to lay down further rules per event. Bags and backpacks that do not comply with the rules laid down by Insomniac Europe will not be taken into custody. The camping grounds at events are excluded from the above.

4.5. It is forbidden to bring photographic, film and other recording equipment to the place

where the event is taking place. If Insomniac Europe takes custody of such equipment for the duration of the event, Insomniac Europe accepts no liability whatsoever in this regard.

4.6. It is forbidden to bring glass, plastic bottles, cans, fireworks, weapons or firearms and/or dangerous objects and/or alcoholic drinks to the site where the event is being held. Insomniac Europe is entitled to confiscate these items. Any confiscated items shall not be returned but destroyed by Insomniac Europe and/or a third party appointed by Insomniac Europe. If Insomniac Europe takes custody of such objects for the duration of the event, it accepts no liability whatsoever in this regard. Legally prohibited objects will be confiscated and not returned. For more information on what may and may not be brought to the event, please visit the FAQ on the webpage of the event.

4.7. Registration of the event in any form whatsoever, including photographing, filming and

making (other) sound and/or visual recordings, is prohibited, as well as printing and/or copying from the programme (booklet), posters and other printed matter. All such recordings will be confiscated and destroyed without fail.

4.8. If the visitor leaves the place where the event is held after entering it, the admission ticket will lose its validity.

4.9. The visitor is obliged to abide by the regulations (including house rules) and/or instructions of Insomniac Europe, the operators of the location, the security personnel, the fire department and other authorised persons. The Visitor is not allowed to be publicly under influence during the Event and/or to urinate outside the designated public toilets. If a smoking ban is in force on the site, this ban applies to all smoking materials (including electronic).

4.10. The Admission Ticket entitles persons above the age of 18 (in words: eighteen) to enter the Event, unless explicitly stated otherwise. Insomniac Europe will deny access to persons below the age of 18 to the Event, without Insomniac Europe being obliged to refund the admission fee.

4.11 Should an Event be accessible for all ages, Insomniac Europe recommends the following: fans under the age of 16 are advised to visit the Event with an adult companion. Insomniac Europe likes to emphasize the importance of hearing protection, especially for our younger fans. Please do not attend our Events without any hearing protection.

4.12 Admission Tickets will be sent to the Consumer no later than 3 days before the Event.

Article 5 – Insomniac Europe’s Rights

5.1. Should the customer or visitor violate one or more of the provisions contained in these

General Terms and Conditions, Insomniac Europe is entitled to invalidate the admission ticket or deny the visitor further access to the event without the visitor having any right to reimbursement of the amount that the customer has paid Insomniac Europe, whether or not via an advance sales organisation, for the admission ticket (including service charges). The holder of an invalidated admission ticket has no right to a refund or compensation in any other way.

5.2. Insomniac Europe retains the right to deny the visitor (further) access to the event or to remove him/her from the site if Insomniac Europe considers this reasonably necessary for the maintenance of peace and order during the event.

5.3. If it can be assumed that the admission ticket has been forged, Insomniac Europe is entitled to refuse the holder of the ticket further access to the event, without the customer or the visitor being able to claim any loss that has been incurred as a result.

5.4. The artist and Insomniac Europe are entitled to make visual and/or sound recordings of the event and to use these images for promotional purposes for themselves or for their partners or sponsors. Persons who appear in the recordings cannot claim any right to compensation.

5.5. Insomniac Europe is permitted to take additional (safety) measures for each event. Insomniac Europe will announce the introduction of such measures in good time and communicate them to the customer – for example by sending a mailing and/or placing a notice on the website of the location, and the visitor – for example at the location. It is ultimately the responsibility of the customer and the visitor to be aware of such additional measures.

Article 6 – Cancellation and rescheduling

6.1. Insomniac Europe has the right to reschedule the event to a later date or to cancel it, for example in case of force majeure, which includes illness and/or cancellation of the artist(s), strikes, fire, bad weather conditions and epidemics.

6.2. If Insomniac Europe – for example as a result of or in relation to force majeure – cancels the event before it has started, Insomniac Europe shall be obliged only to refund to the customer the price mentioned on the admission ticket, or in the absence of such a refund the price (in principle excluding service charges) that the customer has paid through the sales organisation mentioned in article 1.1. If an event must be cancelled after it has started, Insomniac Europe shall only be obliged to refund a part of the price mentioned on the admission ticket, or in the absence of such a part, the price (excluding service charges) that the customer has paid through the sales organisation mentioned in article 1.1. The customer will receive by notification by electronic communication (email or app) from the (pre)sales organisation or Insomniac Europe about a refund of the ticket price. This email will mention the procedure and the response time. The aim is to send this message within 12 weeks after cancellation of the event. Only the customer will be notified and is entitled to a refund. In the event of resale outside the official (pre)sales organisation or a Insomniac Europe designated ticket exchange platform, the customer will have to contact the original ticket buyer himself. The advance sales organisation shall decide on the refund of service charges in such cases. Other damages (including travel and accommodation costs) shall not be reimbursed. Nor can the customer claim (replacement) admission to another event. Insomniac Europe is not liable for any (other) loss suffered by a visitor as a result of the cancellation of the event.

6.3. If Insomniac Europe, for example as a result of or in relation to force majeure, reschedules the event, the admission ticket remains valid for the new date on which the event will take place. If the customer cannot or does not want to attend the event on the new date, the customer is entitled to return the admission ticket to Insomniac Europe or the sales organisation in exchange for a refund of the price mentioned on the admission ticket, or in the absence of such a price, the price (in principle excluding service charges) that the customer has paid through the sales organisation mentioned in article 1.1. The customer will receive an email from the (pre)sales organisation or Insomniac Europe about the refund possibilities of the ticket price. This email will mention the procedure and the response time. The customer must indicate within the specified response period that he wants a refund of the purchase price. If a customer fails to do so, the admission ticket will remain valid for the replacement date and the right to a refund will expire. The right to a refund expires in any case on the day of the replacement event. Only the customer will be notified and is entitled to a refund. In the event of resale outside the official sales organisation or a Insomniac Europe designated ticket exchange platform, the customer will have to contact the original ticket buyer himself. within four weeks after the (old) date as stated on the admission ticket. The advance sales organisation will decide on the refund of service costs in such a case. Other damage (including travel and accommodation expenses) shall not be reimbursed. Nor can the customer claim (replacement) admission to another event. Insomniac Europe is not liable for any loss suffered by a visitor as a result of the postponement of the event.

Article 7 – Insomniac Europe‘s Liability

7.1. Insomniac Europe is liable for direct damage suffered by the customer and the visitor that is the direct and exclusive result of a shortcoming that can be attributed to Insomniac Europe. Only those damages for which Insomniac Europe is insured and which are compensated by the insurer shall be eligible for compensation. Not eligible for compensation are, in any case: a) consequential damages; b) intangible damages; c) damages caused by intentional or conscious recklessness of Insomniac Europe’s auxiliary persons.

7.2. Access to the location and attendance at the event takes place at the risk of the visitor in the sense that Insomniac Europe accepts no liability whatsoever for damage resulting from such access or attendance, such as hearing, sight and other physical impairments. Insomniac Europe maintains an average noise level of 103 dB (A) as a maximum.

7.3. Insomniac Europe shall endeavour to ensure that the programme is performed as far as possible in accordance with the announced time schedule. However, it is not liable for any deviations therefrom and for any resulting damage to the customer and visitor. Starting times as stated on admission tickets are subject to change. The customer and visitor are obliged to regularly check (via the website or other Insomniac Europe or specific communication channels) whether the starting time has changed.

7.4. Furthermore, Insomniac Europe is not liable for the content and the manner in which the programme of the event is carried out, including specifically the length of the programme. Nor is Insomniac Europe liable for changes to the programme of the event.

7.5. Insomniac Europe is also not liable for any loss incurred by the customer or visitor as a result of the loss of or damage to the admission ticket.

7.6 At the time of the event, it is possible that additional conditions or (health) measures may apply in connection with Covid-19 or other infectious diseases. Insomniac Europe will organise the event in accordance with the requirements of the applicable laws and regulations and will do everything in its power to ensure that the event takes place as safely as possible. This does not alter the fact that there is always a risk of infection with Covid-19 or any other infectious disease. Insomniac Europe is not liable for any damage suffered by the visitor as a result of such a contamination.

Article 8 – Data protection

8.1. Insomniac Europe processes personal data of the customer, visitors and users of its websites in accordance with its privacy statement. The aforementioned privacy statement is available via the following link.

Article 9 – Tokens, chips, payment cards

9.1 Tokens, chips or other payment methods used during an Event are valid for that Event only without any reimbursement during or after the Event.

9.2 Payment cards with a specific credit that can be purchased during an Event are only valid during the Event. After the Event has ended, Insomniac Europe is never obliged to refund the purchase amount on the payment card. If the payment card is lost or stolen, a refund of the remaining credit is not possible. Insomniac Europe is never liable for loss and/or theft of a payment card.

Article 10 – Ticket Installment Plan

10.1 For some Events, Visitors will be offered the opportunity to make use of a so-called ticket installment plan (“Ticket Installment Plan”), whereby a Visitor buys an Admission Ticket through one or more installments. Additional terms and conditions may apply.

Article 11 – Liability of the Visitor  

11.1 At the Event, Visitors may be offered products by Third Parties, such as merchandise items and food or beverages. It should be noted that Insomniac Europe is not a party to any agreement between the Visitor and the Third Party. The Visitor indemnifies Insomniac Europe against any claim for costs or damage that may arise from an agreement between the Visitor and the Third Party.

11.2 The Visitor shall indemnify Insomniac Europe against any claims by third parties with regard to the damage for which the Visitor will be liable by law towards these third parties. The Visitor shall compensate Insomniac Europe for any damage including all legal costs incurred by Insomniac Europe that might be the result of any claim by those third parties.

Article 12 – Final Provisions

12.1. Insomniac Europe is entitled to change these General Conditions unilaterally. In that case, Insomniac Europe will inform the customer and visitor 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 amendment results in a performance to the customer that differs substantially from the original performance, this customer has the right to terminate the agreement as of the date that the amended general conditions come into effect.

12.2. Dutch law applies to these General Conditions and to every agreement that exists between Insomniac Europe and the customer or the visitor.

12.3. All disputes that may arise as a result of the agreement between Insomniac Europe and the customer or the visitor, or any agreement that may result from this agreement, will be exclusively settled by the court in Amsterdam, unless the customer or visitor is not acting in the exercise of a profession or business and, within one month after Insomniac Europe has invoked article 12.3 in writing, has made it known that it chooses the court with jurisdiction under the law to settle the dispute.

12.4 In case of differences in the interpretation of the Dutch and English text of these conditions, the Dutch text will prevail.

Version March 2024