Terms & conditions

1.1. We, Stichting Terschellings Oerol Festival, are located in Midsland and are registered under Chamber of Commerce (KvK) number 41005122.

1.2. You are the other party in these terms and conditions.

1.3. ‘Agreement’ means the agreement of the commission that ensues when a person pays to visit our festival or our products are ordered.

2.1. These terms and conditions apply on all offers, order confirmations, agreements and the actions that follow.

2.2. These terms and conditions also apply on third parties that we hire to fulfil the agreement.

2.3. We remain the right to change the terms and conditions. In this case, new terms and conditions will be sent to you with the last version applies. If the newest version has changes that negatively affect you, you are in your right to dissolve the agreement.

2.4. Any terms and conditions from you are denied.

2.5. If you purchase a festival wristband, day wristband or ticket for a third party you are made responsible for the third party to accept the terms and conditions. You are responsible if a third-party acts in violation of these terms and agreements.

2.6. In the case of one or more provisions (partly) destroyed, the remaining provisions are applicable.

3.1. You can buy festival wristbands, day bands and tickets on our website or at one of our service points.

3.2. You can also buy a friend membership. This membership can be bought on our website.

3.3. If you place an order on the website you automatically agree with the terms and conditions. Before placing an order, you have to check the box to show your knowledge of the terms and conditions.

3.4. Our terms and conditions are known at the Kamer van Koophandel (Chamber of Commerce). Our terms and conditions can be sent to you free of charge per your request when you buy a festival wristband, day wristband or ticket at one of our service points.

3.5. We cannot be held responsible for an offer (or part of it) when it contains an obvious mistake or error.

3.6. Security measures for an electronic payment is provided by us when the agreement takes place on the website. We also provide a safe website and electronic data transfer.

3.7. An active offer now may not apply to future events.

4.1. An agreement is temporary, unless otherwise agreed.

4.2. Rates mentioned in the agreement are related to the price of a festival wristband, day wristband or ticket and include VAT, service costs and/or donations to charities.

4.3. Rates that are communicated at the start of the agreement are based on the price level at that moment. In certain cases, we have the right to change these rates. When rates are raised within three months, a private person has the right to terminate the agreement.

4.4. The payment of a festival wristband, day wristband or ticket has to be completed at the start of the agreement, unless otherwise agreed.

4.5. The friend membership is automatically paid for each year. If an automatic payment fails, we have the right to suspend our services.

4.6. Through the form on our website that you fill in for a membership, you grant us permission to automatically collect.

4.7. If the price changed the amount automatically collected changes as well. In this case, we will let you know at least 14 days before the date of the collection and reveal the new rate.

4.8. If you believe an amount in unjustifiably collected you have the right to cancel the automatic collection within 8 weeks after the write-off. If you also send the direct debit authorization to your bank, this is a business direct debit. In that case you have no right of reversal.

4.9. In the case of a divergence from article 4.4., payment requests need to be met within 10 days after the submittance of the request, unless agreed upon otherwise, the payment request has a different payment term of the festival starts sooner than that.

4.10. If you pay with the use of a payment request and the payment obligation is not met within the payment term, the agreement is automatically canceled, unless agreed upon otherwise. In that case the payment obligation is automatically dissolved and the ordered ticket will not be supplied.

4.11. If the resolutive condition from the previous sector is excluded from the agreement, you are in default from the law if you fail to meet the payment obligations within the payment term. This is also the case if automatic collection cannot take place or payment is requested unjustly. From the moment you are in default to the moment the invoice is fully paid; you owe legal interest.

4.12. All costs that we have to make to collect the claim are for your account if you are in default.

4.13. If you are in a state of liquidation, bankruptcy or suspension of payments, all claims we have against you are immediately due and payable. In this case, any licenses granted will immediately expire.

5.1. You must provide all necessary information for the execution of the agreement in time.

5.2. You vouch for the correctness, completeness and reliability of all submitted information. The same goes for information provided to third parties.

5.3. We will handle your information confidentially.

5.4. If you provide unjust information or submit it late with the consequence that the agreement cannot, partially or fully, be carried out resulting in a delay, additional costs are for your account.

5.5. You indemnify us against all damage caused by failure to comply with the obligations under this article.

6.1. We execute the assignment as best we can. We are not responsible for not reaching the result you had in mind.

6.2. We do not serve alcohol to people younger than 18 years old. If you are younger than 18, you get a festival wristband in a different colour than the regular wristband. If we or one of our employees questions your age, we can ask for ID to check your age.

6.3. There is a zero-tolerance policy for the possession and use of drugs. If it is to our knowledge that you have used of possess drugs, the police will be informed. This is also the case for the possession and use of firearms, fireworks or other dangerous objects when entering the festival terrain.

6.4. It is not allowed to bring and consume food and beverages other than the provided locations on the festival terrain.

6.5. Smoking is only allowed in the designated locations.

6.6. You need to throw away your garbage and cigarette buds in the provided wastebins.

6.7. You need to use the sanitary facilities provided.

6.8. If you act contrary to the stated rules mentioned in articles 6.3. to 6.7., we are allowed to remove, or have you removed, from the festival terrain and deny all access. In this case, we are not obliged to restitute your bought festival wristband, day wristband and/or ticket. You are not allowed to demand a compensation.

6.9. You can only use your card to pay on the festival terrain. We don’t work with tokens or cash.

6.10. Security can be found during the festival to ensure all visitor safety. The security is permitted to search you and your luggage/bags for drugs or other forbidden items, like firearms.

6.11. Children under 16 may only enter the festival terrain under adult supervision.

6.12. It is allowed to bring your dog to the festival on its leash and does not disturb other visitors.

6.13. Cell phone sounds must be turned off during performances.

6.14. Access to a performance can be denied if you are late, to minimalize disturbance. You will not be restituted a ticket or compensation.

6.15. Bicycle parking racks are provided. It is not allowed to park outside these parking spots. We are entitled to move these bicycles when there are places elsewhere.

6.16. There are no parking spots for cars provided by is. We do not recommend traveling to the festival by car. You are held responsible for a suitable and legal parking spot if you do.

6.17. Wildcamping is not allowed on Terschelling. If we notice you wildcamping we are entitled to call for the police.

6.18. Concerning the safety and efficient running of the festival, you are at all times obliged to follow the instructions of personnel or third parties provided through us, like security, parking valets, first aiders and the police. You will be removed from the terrain if you refrain to do so.

6.19. Flyers for a different event are not to be distributed to other visitors, unless we have granted permission.

6.20. A friend membership ensures perks that you can use during the time you own this membership.

6.21. We have the right to all for third parties to execute the agreed upon work.

6.22. We do not carry out assignments that are contrary to the law or that are not in line with our professionalism.

7.1. A festival or day wristband is needed to enter the festival terrain. This wristband allows you access to certain activities on the terrain.

7.2. You can access and leave the festival terrain during opening hours whilst wearing the festival wristband. Day wristbands allow access on the specific day the wristband is designated to.

7.3. A ticket and valid wristband are needed to attend performances.

7.4. A wristband or ticket allow access to the festival or a performance for one person only.

7.5. We use a maximum amount of festival wristbands, day wristbands and tickets per order.

7.6. Proof of a digital order of a wristband or ticket can be shown on a mobile devise, but a print-out can also be used to pick up your ticket.

7.7. The proof for a festival or day wristband is exchanged for a physical wristband. Your order can be redeemed at a service point where an employee will put your wristband on you. Access to the festival is only allowed if you can show your wristband at the entrance. If you lose your wristband and it is unsure if you have legally entered the terrain, we are entitled to deny you further access to the festival.

7.8. If you cannot come to the festival or a performance you are in your right to sell your wristband and/or ticket(s) as long as you don’t sell it for more than retail price.

7.9. We are entitled, not obliged, to check if you are the rightful owner of (proof of) a festival wristband, day wristband or ticket. The same ruling goes for the authenticity of your proof of order.

7.10. We will provide you with proof of a festival wristband, day wristband or ticket once. It is your own responsibility to keep it safe. Once we have provided your proof digitally or you have obtained it from a service point, we are not responsible for loss, theft, damage or misuse of the (evidence of the) wristband or ticket.

8.1. The agreement can be terminated if new facts or circumstances that endanger the relationship occur. We are not obliged to pay a compensation.

8.2. We have the right to move, interrupt or cancel the festival and performances. Such a change will be communicated as soon as possible. If you cannot be present on a new date or time, or if we cancel the performance before it starts up until half of the performance, the paid amount will be restituted. No additional restitution or compensation will be allowed.

8.3.1. If a situation like article 8.2. occurs, the amount paid will be restituted within 14 days. This restitution will use the method of payment you used, unless agreed upon otherwise.

8.3.2. If a situation like article 8.2. occurs and you bought your wristband and/or ticket at one of the service points, but you are unable to restitute at the service point, you can contact us through email up to 2 months after the date of the cancelled performance. Mention the transaction number of your wristband and/or ticket, your email address and your bank number. We will fulfill the requested payment within 14 days of your email.

8.4. If the agreement has been concluded remotely, the purchase of the festival wristband, day wristband or ticket cannot be canceled. As an exception to the right of withdrawal, you do not have the option to dissolve the agreement free of charge within 14 calendar days after it has been concluded, because a specific date and/or period has been agreed for the performance of the service(s).

8.5. If you have a friend membership as an individual, you have the right to dissolve the agreement within 14 days, unless you have used one of your membership perks. If you use a perk within the 14 days, we are entitled to charge a pro rata fee for the services already used. This possibility of dissolution is excluded for businesses.

8.6. A friend membership has a minimum duration of 1 year. After the first year you can cancel your membership at all times. The full amount for the next year will be restituted, unless you have used one or more perks of the membership. In that case, the amount will be restituted pro rata. Email us at vrienden@oerol.nl if you want to cancel your membership.

8.7. If you want to cancel your membership after the first year you do not owe cancellation fees.

9.1. Other than what the law states, force majeur is: hindrance of execution of an agreement due to circumstances that both parties cannot influence. Examples are, amongst others: disease, casualties, arson, a pandemic, epidemic or government measures.

9.2. In the case of an individual and force majeure or other circumstances that result in the execution of the agreement not taking place, the obligations will be suspended as long as these obligations cannot be met. In this case, together a suitable solution is sought. We both have the right to dissolve, without obligation to undo, if a suitable solution is not forthcoming.

9.3. If you own a business and there is force majeure or other circumstances that result in the execution of the agreement not taking place, the agreed upon services will be moved. The payment obligation is still in force, unless otherwise agreed upon.

9.4. In the case of a pandemic or epidemic and the festival needs to be moved or canceled, the owed amount will be restituted as stated in article 8.3. We do not work with vouchers for canceled or postponed events.

10.1. We are not liable for any damage resulting from the agreement, unless this damage has been done on purpose or by gross negligence.

10.2. We are not liable for damage resulting from work carried out with incorrect or incomplete data provided by you.

10.3. We are not liable for deeds and actions from third parties and suppliers, like the catering during the festival.

10.4. We are not liable for weather conditions during the festival. Performances will only be moved in the case of extreme weather conditions and at our judgment.

10.5. Personal items can be stored in lockers on the festival terrain. A personal code or key is needed to access the locker. We are not liable for theft, damage or loss of your personal property during the festival.

10.6. You are responsible for applying and following the advice, and its consequences, we give during the execution of the agreement.

10.7. The festival terrain is (partially) in the open air. There might be mud and other difficult passable stretches of terrain. You are responsible for wearing suitable shoes and clothing. We are not liable in the case of slipping, or any other injury.

10.8. We conform to government regulation regarding the number of decibels during the festival where (loud) music is played. It is at own risk to not wear hearing protection. We are not liable for hearing damage you might contract.

10.9. We are not liable for the way an artist shapes and executes its performance.

10.10. You are liable to pay for damages on all material that we provide in terms of this agreement.

10.11. In the case of compensation owe to us for damages, the compensation will not exceed the amount paid out by an insurance policy taken out by us. If the insurer does not pay out, the compensation is limited to two times the price agreed in the agreement, unless otherwise agreed or if reasonableness requires otherwise.

10.12. You indemnify us against any claim from third parties arising from the work executed or to be executed by us.

11.1. On all advice and other materials made available to us for the performances and shows during the festival lie intellectual property rights that are owned and remain owned by the artist. It is forbidden to share performances, advice and materials, to duplicate them, publish, sell, make public to third parties outside the granted license, unless otherwise agreed.

11.2. It is forbidden to take photographic, video and audio material of a performance unless written permission is granted beforehand by the artist or us.

11.3. In the case of granted permission from the former section, the materials may not be used outside of agreed upon channels or purposes. If you want to use these materials outside of agreed upon purposes you need to file for permission and make an additional agreement. The artist, and we, are entitled to ask for an additional compensation.

11.4. In the case of commercial use of the photographic, video and audio material, or third parties want to use and share it on their channels, our and the artist’s permission must be asked and granted and our name and the artist’s name must be mentioned, unless agreed upon otherwise.

11.5. It is forbidden to use photographic, audio or video material for contests, unless otherwise agreed upon.

11.7. When publishing the photos or recordings for purposes as agreed, you are obliged to state our name and the name of the musician or theater maker, unless agreed otherwise.

11.8. If you act in violation of the provisions of this article it will be regarded as infringement of intellectual property rights. A breech may result in a direct financial compensation, and amount that is three times the usual license rate with the additional right for damages for us and the artist. The compensation will be made known to you by means of a demand letter.

11.9. Photographers and videographers will be present during the festival. These materials can be used by us for marketing purposes;

a. Photo and video material may be used for marketing purposes if no personal data is visible, unless you object to this and tell us in writing beforehand;

b. If personal information/data is visible on photo or video material we will ask permission in advance before sharing it for marketing purposes. A checkbox is provided during the ordering process or consent form.

12.1. We are both obliged to secrecy on all confidential information that has been obtained within the frame of the agreement. Information is confidential when this is shared or when the obtained information notes so.

12.2. It is in our power to remove you from the festival terrain and deny you access to the festival and all future events by the organization in case of sexual intimidation, discrimination, bullying or other unwanted behaviour. We are in no way obliged to refund or compensate financially.

12.3. The code of conduct is leading in recognizing unwanted behaviour. This code can be found on our website.

13.1. Complaints need to be submitted in writing and with a motivation within 2 months after the event of the complaint takes place. A written reaction will be sent within 14 days. If the complaint is on a business level the complaint should have taken place within 14 days of the nature of the complaint.

13.2. If you have a complaint during the festival you need to tell us right away so we can fix it as soon as possible.

13.3. If the complaint happens during the festival and is submitted later or you submit a complaint after 2 months it is not mandatory for us to formally accept it nor are we financially liable. This is also the case for a term of 14 days with business agreements.

13.4. We need to be given the possibility to restore the nature of the complaint when possible.

13.5. Submitting a complaint does not suspend the obligation of payment.

14.1. The Dutch legal system applies to these terms and conditions.

14.2. A dispute will first be tried to resolve together. If unsuccessful, an appeal will be made to the court.

14.3. Disputes will be submitted to a judge of the district in which we are located, unless law says otherwise.

14.4. The limitation period for all claims and defenses against us and third parties is 12 months, different from statutory limitation periods.