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Terms & Conditions
GENERAL TERMS AND CONDITIONS
These terms and conditions shall apply to the legal relationship between HOLI ONE Word Ltd. (hereinafter "Organiser") and the ticket buyer for all the festivals organised by HOLI ONE (hereinafter referred to as "Buyer" or "Visitor").
A legal relationship is based on the purchase of tickets exclusively between the buyer and the organiser. Tickets are sold online via autonomous booking offices (ticketing agencies) as well as at the box office.
A redemption or cancellation of the purchased tickets for a refund of the ticket price is not possible. A statutory right of cancellation with regards to purchased tickets does not exist.
The organiser does not assume liability for loss or faulty delivery of tickets.
If the organiser is unable to organise an event on the planned day owing to force majeure (particularly caused by the weather), due to lack of regulatory approval or other unforeseen circumstances over which organiser has no control or cannot provide necessary security for the visitors on the planned day or on the planned location or if it is not feasible for the organiser to organise the event after due consideration of the interests of all the parties, the organiser shall reserve the right to cancel , postpone or displace the event. The organiser shall inform the buyer about the cancellation or the postponement of the event at the earliest via its website (www.holione.com), via its Facebook page, Facebook event page or by public announcement.
In case of an event cancellation, the buyer is entitled to get full refund of the ticket price (excluding the booking fee). The organiser points out explicitly that the processing can take up to 4 weeks.
In case of cancellation or the postponement of the event for which the organiser shall inform the buyer at the earliest either via E-mail or via its website (www.holione.com), or via its Facebook page, Facebook event page or by public announcement, the tickets for the alternate date and place shall be valid for an indefinite period. A claim of rescission from the contract and refund of the ticket price (excluding the booking fee) exists only if the postponement is unacceptable for the buyer, in the event of postponement for more than 16 months of the date of event.
An event shall be considered cancelled due to the reasons cited in the Section 4 within the first 60 minutes of the official start time printed on the ticket. In case of later termination, the event is considered to be carried out with the effect that the buyer is entitled to a refund with regards to the ticket only if the termination is caused intentionally or through the gross negligence of the organiser or his legal representative or an agent.
Indemnity claims by the buyers due to cancellation, postponement or termination of an event shall be excluded in accordance with the Section 4, unless the organiser, its legal representative or an agent has caused the cancellation, postponement or termination intentionally or through gross negligence.
The organiser reserves the right to make changes to the program and at a short notice or without prior notice. In the event of cancellation of an individual artist/DJ, the organiser shall seek an appropriate replacement. In the event of cancellation of an individual artist/DJ, buyers do not reserve the right to claim damages if these were advertised at the time of purchasing ticket. The announcement of individual artists/DJs shall not constitute a guarantee or a confirmation.
Buyer is well acquainted with HOLI ONE Festivals (on the one hand a traditional Indian festival of colours, whereby colour powder is used on a large scale and the visitors pelt colours at each other with mutual consent and on the other hand it is a musical festival with various artists/DJs).
The organiser has not found any adverse health effects of the visitors through the use of colour powder in previous HOLI ONE festivals with thousands of visitors. Nevertheless the organiser issues following safety measures if necessary on its website (www.holione.com), and Facebook page, shall also update at the event and the buyer is obliged to participate in the implementation of these measures:
Persons with (asthmatic) respiratory ailments are dissuaded from attending the event.
Only colour powder provided by the organiser should be used at the site venue as its composition is known to the paramedics present at the site venue. In particular, transportation of any other colour powder or colour powder similar to the one being used at the site venue is prohibited. Violations shall result in expulsion from the site venue without compensation.
To protect eyes from colour tosses, it is recommended to carry swimming goggles.
It is not advisable to wear contact lenses at the site venue as in exceptional cases colour powder can settle on the lenses.
When handling colour powder, it can cause irritation in eyes, skin and mucous membranes in exceptional cases. In such cases, it is advisable to visit the paramedics present at the site venue.
The colour powder contains colour depending on the colour components of preservatives, dyes, and other substances. An allergic reaction was, however, not observed when using on HOLI ONE festivals. Nevertheless, the visitors are bound to be informed about the composition of the colour powder before entering the site venue and refrain from participating in the event in case of a possible allergic reaction from the ingredients. The ingredients of the colour powder can be found on the packaging.
The use of the colour powder is strictly prohibited near gastronomy facilities (minimum distance: 5 meter). Intentional violations shall lead to expulsion from the event without compensation.
The coloured powder is specifically not intended for consumption. The intentional combining/mixing of the colour powder with food and drinks by third parties is strictly prohibited and will lead to expulsion from the event venue without any compensation.
An immediate vicinity of the visitors to the speakers should be avoided. The use of noise protection measures such as earplugs is strongly recommended particularly near the stage area. Climbing over the barriers to the speakers is strictly prohibited and will lead to expulsion from the event venue without any compensation.
Being aware of these safety instructions and knowing the risks arising from the use of colour powder and playing loud music, the buyer participates in the event at his/her own risk and peril.
The organiser would like to emphasize that it can not be excluded that the colour components of the colour powder can not be removed completely from clothing, bags, shoes, etc. depending on the material by washing, tapping or cleaning, and that he cannot be held liable to any damage in this regard.
Electronic and technical devices such as mobile phones, smart phones and cameras might get damaged by the colour powder. The organiser therefore recommends that you do not bring such devices to the event venue or protect them in an appropriate manner from any contact with the colour powder.
At the entrance to the event venue, security checks take place for reasons of safety and order and for preventing waste articles from entering the event venue. It is expressly prohibited to bring glass bottles, plastic and PET bottles, glass containers, cans, plastic containers and/or other drinking container, rigid packaging, cooler bags or other heavy or bulky containers (folding chairs, etc.), professional film and photo equipment and pyrotechnics, flares, all kinds of weapons and other dangerous objects to the event venue. If this provision is violated, the organiser is entitled to refuse admission to the event venue without any compensation, unless the visitor is ready to deposit the above mentioned items at the entrance or leave them outside of the venue.
Minors are not allowed to attend the event. They may be denied access to the event venue without any compensation.
Access to the event venue may be denied without any compensation to the visitors who are heavily drunk or under influence of narcotics; such visitors can also be expelled from the event venue. The same applies to visitors who commit offenses (e.g., assault, theft, narcotics offenses) at the event venue or to the visitors whose behavior pose a threat or mean danger to other visitors of the event (e.g., burning off pyrotechnics).
Animals are not allowed on the event venue for security reasons.
The buyer acknowledges and agrees that at the event venue image and video recordings related to the event will be produced by the organiser, his agents, or other third parties for the purpose of a media analysis on TV and in print and online media, and agrees in this respect not to ask for any compensation for the recording of his voice and image, and for the subsequent use of these recordings in all current and future media. However, the buyer has the right to prohibit the use his image if he is clearly the sole focus of a recording or his privacy rights are massively violated by means of this.
The buyer is allowed to capture sound, image and motion pictures at the event venue for private purposes only. Violators will be prosecuted under civil and criminal law and may also be expelled from the event venue without any compensation.
The access to event areas with a limited capacity will be granted to the officially approved capacity of audience only. In case of exhaustion of the accomodation capacity, the organiser may introduce a temporary restriction of access without any entitlement to (partial) refund of the ticket price.
The instructions of the organiser and of the regulatory staff employed by the organiser must be followed in all cases. Violations would result in expulsion from the event venue without any compensation.
The entry ticket becomes invalid once the buyer leaves the event venue, and it does not entitle the buyer to a re-entry. This also applies if the organiser, in accordance with the provisions of these Terms and Conditions, expels a visitor from or denies him entry to the event venue. No claims for refunding the entrance fee will be entertained in such cases.
The dining establishments at the event venue do not act in the name or on behalf of the organiser, but in their own names and for their own account without being subcontractors of the agent. Therefore, if the visitors use catering services, the privity of contract exists only between visitors and caterers.
The organiser is liable for damages incurred by a visitor at or in connection with the event, with the following proviso:
For damages resulting from the in jury to life, limb or health, for which the organiser is responsible, and for other damages based on an intentional or grossly negligent breach of duty of the organiser, its legal representatives or subcontractors, the organiser shall be liable in full.
For other damages based on a simple negligent breach of essential contractual obligations (cardinal obligations) of the organiser, in particular for damages arising from violation of traffic safety obligations, the organiser shall be liable only for contractual and foreseeable damages.
For damages due to cancellation, postponement or termination of an event, exclusively the provisions set out in Section 8 are valid.
For damages that do not fall under items 1 to 3 of the Section 23, the organiser shall not be liable whether in contract, tort or on any other legal ground.
If any provision of these Terms and Conditions is or becomes invalid, this shall not affect the validity of the remaining provisions of these Terms and Conditions.
The contractual relationship between the organiser and the buyer is governed solely by German law. Where permitted by law, the parties agree that the place of jurisdiction for all disputes arising from or in connection with this contract shall be the place where the event is going to take place, took place or should take place according to the plan.