GENERAL TERMS AND CONDITIONS
I. GENERAL PROVISIONS
1.1 The General Terms and Conditions (hereinafter referred to as GTC) apply to the organization and conduct of the HEARTBEATS event (hereinafter referred to as the Festival), organized by ASOCIATIA NOTEABOUTLIFE , with VAT no. 33901802, and with authorization no. 144/04.12.2014, hereinafter referred to as the Organizer) and contain the provisions which each participant commits to comply with.
1.3 The General Terms and Conditions are valid indefinitely. The Participants agree that HEARTBEATS has the right to unilaterally amend these GTC, without need for previous notification. Should the GTC be amended, the respective amendments shall take effect immediately after publication on the Website.
HEARTBEATS stipulates that the GTC can be amended after the purchase of the Ticket, even right before the Festival.
1.4 HEARTBEATS recommends Participants to monitor the changes to these GTC.
Throughout their use in this document, the terms defined have the meaning agreed in this section,unless otherwise defined in this document:
- Ticket: a certificate issued in any form (paper or electronic), one-day ticket, subscription or invitation attesting the right to participate in the event organized by HEARTBEATS. Tickets are non-nominal or nominal and have a unique identification number. By purchasing the Tickets, the buyers undertake to comply with these General Terms and Conditions, the procedures for registering the purchased Tickets, the check-in rules and access to Festival, as well as, in general, any other rules of participation in it that are brought to its attention by various means, including dircet through Site. Purchaseing Tickets from other areas than those authorized by the Festival Organizer it is prohibited and restricts access to that Festival.
- Ticket: a certificate applied by HEARTBEATS to the validation of a Ticket, which offers identical rights to those included in the Ticket and – provided that it is secured in accordance with section 3 below – certifies exclusively that its holder has the right to visit the respective Festival; – a special payment instrument within the Festival.
- Ticket Buyer: the person who purchases a ticket to the Festival
- Duration of the Festival: the duration of any Festival that will correspond to the time period between the beginning and the end of the Festival. The beginning of the Festival will correspond to the beginning of the validity of the tickets to that Festival that authorizes the first entrance to the respective Festival. The end of a Festival corresponds to the end of the validity of the Ticket authorizing the longest stay at that Festival. The NOTEABOUTLIFE Association reserves the right to organize or provide Services for the duration of the Festival.
- Festival: any festival organized and staged by HEARTBEATS, composed of all the art programs of the show– music, entertainment and culture – and other free or paid Services provided by HEARTBEATS during acertain time in a certain area.
- Organizer / HEARTBEATS: NOTEABOUTLIFE ASSOCIATION, of Romanian nationality, based in Bucharest, with CUI: 33901802, and being registered with ACT. authorization no. 144 / 04.12.2014.
- Contractual Partner: an economic operator or other natural / legal person carrying out independent commercial activities at a particular Festival, under a contractual relationship with HEARTBEATS.
- Participants: all persons participating in the Festival, whether they are Authorized Participants or Unauthorized Participants.
- Authorized Participants: Ticket Buyer and Visitor.
- Unauthorized Participant: an individual who participates in a certain Festival without having a valid right to enter, including the person who holds a ticket, in exchange for another Illegally Acquired Ticket or a third party who participates in a certain Festival.
- Product: items and rights with pecuniary value that may be purchased from HEARTBEATS or other Contractual Partners within or in connection with the Festival, as well as any vouchers or other special means that may be offered in exchange for them.
- Service: any service provided by the NOTEABOUTLIFE Association or its Contractual Partners within the Festival or in connection with it, either free of charge or for a fee.
- Site: website-ul HEARTBEATS, respectiv heartbeats.events .
- GTC – These General Terms and Conditions governing the conduct of any Festival, available both on the website (as defined above) and on all Entries to the Festival Area.
- Third Parties: natural and legal persons other than HEARTBEATS, Visitors or Ticket Buyers.
- Visitor: an individual who has the right enter and attend a certain Festival.
- Festival Area: any of the locations where the Festival takes place.
III. LEGAL RELATIONSHIP
3.1 These GTC will apply to:
- The participation of Visitors or Ticket Buyers to any one of the Festivals.
- Unauthorized Participants.
3.2 These GTC also present the obligations arising from the participation in the Festival and the relations established between HEARTBEATS and Participants on the occasion of the Festival, the latter being obliged to comply with them, the application of TCG reaching the guarantee of GTC safety and comfort..
3.3 By both purchasing a ticket and also exclusively by participating in the Festival, Participants organizers or authorities in case they notice any irregularities.
3.4 The organizer suggests to the Participants to address the security team, its representatives, organizers or authorities in case they notice any irregularities.
3.5 These GTCs will be displayed both on the website www.heartbeats.events and at the entrance to the festival.
3.6 The Ticket Buyer agrees, by purchasing the Ticket, the Ticket Holder – other than the Ticket Buyer – agrees to legally obtain the Ticket, and the Visitor – if not already a Ticket Holder – agrees by receiving the Ticket to be bound by the present GTC.
The organizer does not agree to transfer the nominal right of assignment .
3.7 Unauthorized participation will not have any rights in the relationship with HEARTBEATS, because the NOTEABOUTLIFE ASSOCIATION does not conclude a contractual relationship with them and does not assume any obligations towards them..
4.1 Visitors are admitted to the Festival at the hours and according to the conditions specified by the organizer in this regulation. By purchasing a valid Ticket each Participant ensures the right to attend Festival, with the obligation to know their rights and obligations during it.
TYPES OF TICKETS
4.2 Participation to the Festival is allowed by using one of the following types of Tickets:
A. Standard Subscriptions (General Access) – guarantees the Authorized Participant access to the Festival for its entire duration, starting from the first day from 14.00 P.M and until the end of the Festival (24.00).
B. VIP Subscriptions – guarantees the Authorized Participant access to the Festival for the entire period of its development, starting from the first day from 14.00 P.M. and until the end of the Festival (24.00). VIP season ticket holders have access to a special area arranged with bars with premium drink options. Access to the Festival for VIP season ticket holders is through a special entrance.
Important! The access of people under 18 years old in the VIP area is strictly forbidden. Contractual Partners operating VIP platforms have the right to request minimum consumption for certain areas on the platform.
C. One-day tickets – guarantees the Authorized Participant access to all scenes of the Festival on that day, starting at 14:00 P.M. and until the next day at 24.00, when the Ticket expires, and the Participant no longer has access to the Festival.
TYPES OF INIVTATIONS
4.3 Participation to the Festival is also made using one of the following types of invitations (which will be assimilated to Tickets):
A. Standard Invitations (General Access) – guarantees the Authorized Participant access to the framework The festival for the entire period of its development, starting from the first day from 14.00 PM and until the end of the Festival (24.00).
B. VIP Invitations – guarantees the Authorized Participant access to the Festival starting from the first day from 14.00 PM and until the end of the Festival (24.00). Holders of VIP invitations have access to a specially designed area with bars with premium beverage options. Access to the festival for VIP invitation holders is through a special entrance.
Important! The access of people under 18 in the VIP area is strictly forbidden. Contractual Partners operating VIP platforms have the right to request minimum consumption for certain areas on the platform.
C. One-day invitations – guarantees the Authorized Participant access to all scenes of the Festival on that day, starting at 14.00 PM and until the next day at 24.00, when the Ticket expires and the Participant no longer has access to the Festival.
4.3.1 The buyer of tickets / subscriptions has the obligation not to display online images of purchased tickets / season tickets. A ticket / subscription provides access for one person to the Festival.
4.3.2 It is strictly forbidden to sell or buy invitations.
4.4 We encourage people who enter the Festival Area using an invitation to donate a sum of money (in the places that will be reported for this purpose), an amount that will be used for charitable purposes, described in the specially arranged locations.
4.5 Tickets grant access to the Festival Area to a single person.
4.6 The organizer reserves the right to change the list of artists participating in the festival, both before and throughout the HEARTBEATS event. Tickets purchased to participate in the entire day of the event as well as season tickets, provide access to the buyer within the festival and not to a particular show / artist.
4.7 Every location within the festival’s perimeter has authorized capacity and access can be temporarily restricted to meet the safety regulations in force.
4.8 Standard passes or one-day tickets can be upgraded to VIP passes or one-day tickets for a fee, depending on availability.
4.9 In the case of the price of a note expressed in EURO, the reference exchange rate was set at 4.8520 lei on November 28, 2019, at 08:11:23, of ING Bank.
4.10 The Organizer reserves the right to change the Ticket Price without the need for prior notice. Any change in the ticket prices shall not apply to tickets already purchased at the time of the change.
4.11 It is strictly forbidden to transmit or post the unique codes of the passes and one-day tickets on social media or any other similar websites (e.g. Facebook).
4.12 Failure to comply with this provision shall result in the cancellation of the sold invitation and prohibition of access to the festival for the responsible persons.
4.13 IMPORTANT! IMPORTANT! It is strictly forbidden to sell or buy invitations, as well as to (re)sell tickets and / or passes above their initial price. The Organizer reserves the right to use the legal channels to punishthose who will be found to carry out such activities and to cancel the respective tickets / passes.
4.14 Tickets and / or season tickets purchased may be used for commercial purposes, such as for organizing promotional campaigns, offering tickets and / or season tickets as prizes for competitions, etc., only with the prior written consent of the Organizer.
Failure to comply with these obligations will result in the cancellation of tickets and / or season tickets used for commercial purposes and the obligation of the persons responsible to repair the damage thus created.
At the same time, the organization of promotional campaigns by using tickets and / or season tickets to the Festival, without the prior written consent of the Organizer, constitutes an infringement of intellectual property rights regarding the HEARTBEATS Trademark.
4.15 Tickets are not sold directly to HEARTBEATS Authorized Participants, and their payment is not processed directly by HEARTBEATS. The ticket authorizing participation in the relevant Festival is sold to the Buyer by the heartbeats.events platform or by other Contractual Partners (as this right is assigned by the NOTEABOUTLIFE ASSOCIATION). All Payments are made through the Contracting Partners. The organizer guarantees only the validity of the Tickets sold through the networks of these Contractual Partners.
4.16 Additional information on the detailed conditions applicable to the purchase of online or physical Tickets will be provided by our Contractual Partners at the time of purchase of the property.
4.17 Our Contractual Partners are selling tickets in fixed locations and on online ticket purchasing interfaces.
4.18 The Buyer / Consumer will receive information from the Contracting Partners in particular regarding the following issues: fees and commissions applied to the price set by HEARTBEATS, payment and methods of payment, invoicing, processing of Buyer / Consumer data and reimbursement possibilities, to the extent in which they exist.
4.19 Tickets purchased online from the Contractual Parameters (heartbeats.events) are sent to you as an attached PDF in an e-mail that each Participant is required to print and bring with him to the event, or to submit the ticket in electronic format ( on the phone, tablet or other electronic devices that allow this) when performing on-site check-in. Most Contractual Partner customers receive PDF tickets within 3-5 minutes after payment is successfully completed. If your ticket did not arrive by e-mail within 24 hours of placing your order, you must contact the platform from which you purchased the ticket and resolve this issue within 10 days of purchasing the ticket, but no later than one day. before the start of the Festival. NOTEABOUTLIFE ASSOCIATION is not responsible in any way for this kind of situation, and the lack of a valid ticket, access to the Festival will not be allowed..
OTHER DEES AND SERVICES RELATED TO THE TICKETS
4.20 The final price paid by the buyer will consist of the basic price of the ticket and will include administration and processing fees, Red Cross stamp duty, stamp duty for historical monuments, fees for collective administration bodies.
4.21 HEARTBEATS assumes no liability for administration and processing fees that may vary depending on the Contractual Partners from which the consumer / buyer acquires the asset.
4.22 HEARTBEATS is not responsible for the extra services offered by the Contractual Partners. HEARTBEATS undertakes to return the value of the access ticket to the buyer, in case of request and non-appearance at the event with a prior notice from the participant at least one month in advance. And if he didn’t show up for the event.
4.23 Except for the situations provided in art. 4.21, the money on Tickets purchased for this event is not refunded, the purchase of tickets for shows being exempted from the application of the right of withdrawal regulated by GEO 34/2014, in accordance with art. 16 letter I) of this normative act.
2.24 The Organizer does not assume responsibility for the loss or theft of the Ticket and / or
subscription. The Organizer has no obligation to refund the amount of money or replace the Ticket and / or the subscription in case of loss or theft of the Ticket and / or the subscription.
V. CHECK-IN OBLIGATION.
5.1 In order to be allowed access to the Festival area, the holder of a valid access ticket has the obligation to check in the ticket purchased at the entrance on the day of the event.
5.1.2 The check-in will be performed based on the identity document that will be presented at the entrance and the purchased ticket.
5.1.3. The participant must register his / her identity data when purchasing the ticket.
5.1.4 Each valid Ticket Holder, who checked in and showed up at the entrance to the Festival Area, is left with the original ticket which will only be scanned.
5.1.5 Tickets are non-transferable.
5.1.6 Visitors have the obligation to keep the Tickets, during their validity, or, in exceptional and well-justified cases, in another visible place, provided that the ticket cannot be removed without being damaged. The Festival Organizers can inspect the Tickets at the entrance, at the exit and on the entire perimeter of the Festival, throughout the Festival.
5.1.7 The visitor is fully responsible for any damage or loss of the Ticket.
5.1.8 Damaged tickets, which have been resealed or cut, whose closing system has been opened, those with a diameter larger than the wearer’s wrist or which have been intervened in any way, are NOT valid, and the organizers reserve the right to retain them. tickets, to refuse access to the festival and to complain to the competent authorities.
5.1.9 HEARTBEATS will not replace the damaged or lost Tickets unless the Participant can prove the purchase of the legal ticket. Participants who cannot make this proof lose their right to be in the Festival Area, being excluded from it.
5.1.10 In case of loss, damage of any kind of Ticket, the Participant is obliged to purchase a new Ticket for that day if he wishes to remain within the perimeter of the Festival.
5.1.11 If the ticket appears to have been fraudulently damaged, the Organizer has the right, in addition to the rights provided in art.5.3.9, to oblige the Participant to purchase a one-day Ticket regardless of whether the Participant can prove the purchase of a ticket legally and regardless whether or not he wants to stay in the Festival Area. This right may be exercised at its discretion, and subject to the availability of tickets for that day.
5.1.12 If, at the entrance to the Festival Area, the Ticket Holder is suspected of illegally acquiring the Ticket, HEARTBEATS expressly reserves the right to ask the Ticket Holder to present evidence (documents and / or certificates) to verify the acquisition or the legal purchase of the Ticket, as well as the right to assess whether they are valid and compliant, and in the absence of a document to reimburse the purchase price and to refuse the entry of the person in the Festival Area.
5.1.13 If the user has purchased several tickets and wishes to check in for the other tickets as well, he can do so by entering the data of the people who will use the tickets for each ticket. The owner of the ticket group is directly and solely responsible for the correctness of the data entered. They will also have to present the bulletins of the people in the group.
VI. TICKET TRANSFER POLICY.
6.1 Before check-in, the transfer is free if the transfer is made during the free period, respectively within 30 days from the purchase of the ticket. This will be announced based on an online request. The transfer request will be approved by an administrator.
6.3 In order to make the Ticket Transfer, the holder will have to fill in the data of the person who will receive the ticket (name, surname, email, telephone, locality).
6.4 The holder of the ticket is OBLIGED to ensure that the Ticket (whether in physical format or in electronic format) reaches the possession of the person to whom he wishes to transfer it. This will be done through a separate action, which assumes that the original holder will forward the ticket he has.
- If the ticket was purchased online – the original owner will redirect the email containing the PDF with the ticket to the email address he filled in when he chose the transfer option.
- If the ticket was purchased in physical format – the original holder will personally send or hand over the ticket he wishes to transfer to the person who is to receive it.
6.5 The new Owner must ensure that, in addition to the notification e-mail, he also receives the actual Ticket – either in electronic format by email or in physical format. Access to the event will be based on an identity card and a ticket with a valid bar code.
VII. GENERAL ACCES RULES TO FESTIVAL
7.1 Entrance of the Festival is possible only the designated venues and times, exclusively for Authorized Participants.
7.2 Access to the Festival Area is made only through the specially arranged entrances, complying with the procedures and rules for check-in and access provided by these GTC.
7.3 ccess to the Festival Area will be based on the type of Ticket purchased.
7.4 Participants are required to have their ID documents at hand in addition on the Ticket.
7.5 At the request to the security visibly at the team or of the Organizer’s representatives or of other competent bodies or authorities, the Participant is required to provide access documents and ID documents.
7.6 These GTC will be displayed visibly at the entrance to the Festival and in other public spaces within the festival area.
7.7 In order to ensure the safe conduct of the Festival, HEARTBEATS reserves the right to restrict the type of objectives that may be brought to the Festival area.
Therefore, it is forbidden to enter the Festival with the following objects:
- Bottles (including perfume or deodorant bottles);
- Cosmetic products in so far as they contain flammable liquids;
- Backpacks or fanny packs larger than 29cm x 21cm x 12 cm;
- Baby bottles;
- Boxes with drinks;
- Banners supported by sticks;
- Food or beverages;
- Umbrellas (in case of rain, we recommend the use of raincoats);
- Flammable or explosive materials;
- Professional photo or video cameras, including any type pf DSLR device;
- Any type of object that may harm other Participants
VII. ACCESS WILL BE ALLOWED WITH
- Drops – medicinal use;
- Asthma inhaler spray.
8.1 The products mentioned at 8.8.1 shall only be allowed if they are accompanied by a medical letter or any other replacement document and in no more than a daily dose.
8.2 Due to very strict rules on prohibited articles, those responsible for security and monitoring of the Festival will thoroughly search for each Participant and any prohibited articles discovered after verification will be stopped at the gate without the Organizer assuming any liability for them.
8.3 All participants are advised to consult the list of unauthorized objects and not to hold such objects during Festival.
8.4 Regarding the lost objects, the Organizer will arrange a space where such objects can be brought and from which each owner can recover their goods within 72 hours, but not later than the first day after the Festival – 10.00 A.M.
8.5 The organizer has the possibility, but not the obligation, to photograph the lost objects and to expose them on social networks, as the case may be, insofar as this action would not violate the legal norms regarding the protection of personal data.
8.6 The Organizer is not responsible for the goods of the Participants or for any damages caused to them.
8.7 It is forbidden to enter by car, rollerblades, skateboards, bikes, hover boards, and other similar devices in the Festival Area.
8.8 For the convenience of the Participants, the Organizer reserves the right to temporarily stop their access to certain areas if they believe that the areas have reached their maximum authorized capacity.
IX. MINORS AND PEOPLE WITH DISABILITIES
9.1 Minors are prohibited from drinking alcohol, smoking cigarettes and using drugs.
9.2 Minors will receive different colored wristbands, allowing for an easier identification.
9.3 Minors under the age of 2 have free access to the Festival. At the request of the persons responsible for security and monitoring, as well as the Organizer’s representatives, the attendant has the obligation to present documents (student card, passport or any other document containing the minor’s picture) attesting the minor’s age.
IMPORTANT !!! Access is forbidden to minors under 16 years old after 19:00 without a tutor or parent !!!
9.4.1 Minors between 2-16 years old have access only on the basis of a valid ticket and in the company of a parent or tutor.
9.4.2 A parent can accompany one or more minors under the age of 16.
9.5 Access for minors between the ages of 2 and 16 years will be made by purchasing a valid Ticket and by presenting identity document in original.
9.6.1 It is necessary for an adult to take responsibility for a minor and has the obligation to complete and sign the “Declaration of Commitment” available here, without which the minor will not be allowed to enter the Festival Area, regardless whether or not he has a companion.
9.6.2 The responsible person will provide contact details where they can be contacted in emergencies in the statement of engagement.
9.6.3 The Organizer shall not be liable for verifying the signatures, nor for the manner in which the statements are signed. These aspects shall be the responsibility of the persons presenting the statements.
9.7 In some areas of the Festival, access for minors under the age of 16 is strictly forbidden (for example, the VIP area).
9.8 Due to the very strong noise produced by the Festival, the Organizer does not recommend the presence of children under the age of 7 at the Festival.
9.9 Minors under the age of 4 years must wear noise canceling headphones.
9.10 Exceptional situations when discounts / gratuities are granted to a certain category of minors or other Participants, will be reported and sent to you as an attached PDF in an email that each Participant has the obligation to print and bring with him to the event, or present the ticket in electronic format (on the phone, tablet or other electronic devices that allow this) upon check-in on site. Most Contracting Partners customers receive PDF tickets within 3-5 minutes after payment is successfully completed. If your ticket did not arrive by email within 24 hours of placing your order, you must contact the platform from which you purchased the ticket and resolve this issue within 10 days of purchasing the ticket, but no later than one day, before the start of the Festival. HEART BEATS is not responsible in any way for this kind of situation, and in the absence of a ticket, it will not be possible to be allowed access to the Festival.
9.11 The Organizer reserves the right to refuse access to the festival for persons with disabilities who do not present these original documents, as well as in case the Organizer’s representatives have justified doubts about the validity or authenticity of the documents submitted.
9.12 The registration period in order to benefit from the gratuity provided in art. 9.11 is 01.09.2020 – 30.10.2021. All requests submitted outside this period will not be considered.
9.13 Taking into account that this facility can be granted only within a limited number of seats, taking into account the total capacity of the Festival as well as the safety and security rules, as provided in art. 9.11, free of charge will be granted according to the order of receipt of applications.
The organizer will respond to these requests within 30 days from the date of formulating the requests.
9.14 People with a severe disability assume the obligation to always be accompanied to the Festival, for reasons of personal safety.
9.15 The organizer recommends all minors and people with disabilities to be accompanied by tutors at the Festival.
9.16 The organizer will not be held responsible for any incident or accident involving minors or people with disabilities. The entire responsibility for them lies with the minors / persons with disabilities and / or the parents / legal representative or companion.
The organizer draws the attention of the parents / legal representative or the persons exercising parental authority to the fact that they have the obligation to supervise the minor and will be held liable for any damage resulting from non-compliance with this obligation.
9.17 For the attention of people with locomotor problems, who use a wheelchair for travel: only in certain areas of the Festival are provided entrances with wheelchair facilities, these being marked on the map of the Festival.
X. BEHAVIOR DURING THE FESTIVAL
10.1 In the Festival Areas, visitors have the obligation to refrain from all actions, statements or behavior that may endanger the lives, health or physical integrity of others, or that may violate their personal rights.
10.2 Any form of economic, commercial or advertising activity in the Festival Area – including the area in front of the Festival’s gates – is prohibited without the prior written permission of HEARTBEATS. Should the Organizers find any such activities within the Festival area, they reserve the right to remove the persons in question and to prohibit their access to the festival.
10.3 The sale of alcoholic beverages must comply with the provisions of the law, and no such beverages may be offered to minors under the age 18 and to inebriated persons by any of the Festival’s Contractual Partners. All drinks (soft and alcoholic) shall be served by the Contractual Partners exclusively in open containers (made of aluminum or plastic).
10.4 The use of substances qualifying as prohibited drugs under applicable law is prohibited in the Festival Area and is punishable by law.
10.5 HEARTBEATS reserves the right to introduce a system at any Festival where Visitors can be offered alcohol only if the Visitor presents a certification, provided after the previous identification or first identification, that he or she is entitled to consume alcohol (e.g identity card attesting their age).
10.6 Any demonstrations of any kind that are unrelated to the Festival organized by HEARTBEATS, regardless of the number of participants, are prohibited without prior written approval from HEARTBEATS to this effect. This approval is granted by HEARTBEATS at their discretion, based in the prior request of the organizer of the demonstration. If an approval is obtained, participants are required to comply with these GTC and behave in a way that does not disturb, hinder, restrict or otherwise make impossible the entertainment to others Visitors, their ability to travel within the Festival area, their access to the Festival area or their ability to leave the Festival area, and the use of Services and/or Products by other Visitors.
10.7 HEARTBEATS reserves the right to terminate demonstrations (both those which it has authorized in accordance with the above and those which it has not expressly authorized), without giving any reason to do so. . HEARTBEATS has the right to determine the conditions of the demonstrations, in particular the number of participants, their location and duration, at its sole discretion. If HEARTBEATS declares the end of a certain demonstration, the participants are obliged to stop the demonstration immediately. If HEARTBEATS establishes conditions for an authorized or recognized demonstration as described above, participants are required to fully comply with these conditions.
10.8 In the Festival Area, authorized and suitably qualified employees of HEARTBEATS, or its Contractual Partners, as well as the Partners’ employees and collaborators will ensure the application of the rules of conduct and safety. Visitors expressly undertake, by virtue of their participation to the Festival, to cooperate fully with these persons within the limits of the law and to comply with their instructions within the Festival in case of emergency or if other significant circumstances (e.g for public health reasons) require it
10.9 Both free Services and Products and paid Services and Products can be used at the Festival. Visitors commit to pay for all Services and Products for which payment is due an assume responsibility for the immediate payment of all purchase prices and fees owed.
10.10 Visitors will pay the Products and Services for which payment is changed using the payment methods offered by HEARTBEATS or the Contractual Partners. If HEARTBEATS decides so in relation to any Festival, on that Festival’s site all prices and purchase taxes will be payable exclusively by the methods designated by Heart Beat instead of cash.
XI. VIDEO MONITORING AND PERSONAL DATA PROCESSING
11.1 For security reasons, the Festival Area is supervised with video cameras by Heart Beat’s Contractual Partners. The processing of your personal data captured by the surveillance video cameras takes place whenever you are within the Heart Beat festival area, and by attending the Festival the Participant explicitly grants their consent for this processing. Also, the concerts as well as the entire festival can be recorded with video/photo means by our contractual partners, for marketing and advertising purposes, as mentioned in chapter XV.
11.3 According to the EU regulation 679/2016 (GDPR) you benefit from the right of access,
rectification, the right to obtain data deletion or restriction of processing, the right to fata portability, the right to opposition, the right not to be the subject of a decision based solely on automatic processing.
11.4 To exercise these rights you can contact the NOTEABOUTLIFE Association with a written request, dated and signed at email@example.com .
11.5 If you believe that your personal data is processed otherwise than in accordance with applicable law, please contact us at firstname.lastname@example.org or you may contact the National Authority for the Processing of Personal Data. Personal.
XII. PRODUCTS AND METHOD OF PAYMENT FOR THE FESTIVAL
12.1 In the Festival Area there will be points where Participants can get Products and Services made available by the Organizer or the Contractual Partners.
12.2 Participants are required to only use the payment methods and instruments established by the Organizer within the Festival Area and mentioned in these GTC.
12.3 The payment method for the Products and Services offered in the Festival Area are those in cash or by card.
12.3 The online store www.heartbeats.events uses the services from EuPlatesc.ro for online transactions.
12.4 You can make online payments with your personal or company card in full safety conditions. Accepted payment cards are those issued under the VISA (Classic and Electron) and MASTERCARD brands (including Maestro, if they have CVV2/ CVC2).
12.5 Payment is based on a secure online transaction processing system that provides privacy, security and simplicity in the purchase of products and services over the Internet. Processing of card data is done exclusively through the bank.
12.6 The www.heartbeats.events.eu online store does not request or store any details about your card.
12.7 Purchase of products / services form traders (Contractual Partners):
- The participant chooses the desired product, at which time the respective Contracting Partner enters the amount in the POS;
- The Contractual Partners will be required the issue tax receipts to costumer Participants (as well as invoices at the Participant’s request).
XIII. HEALT AND SECURITY.
13.1 Given the large size of the Festival, the Organizer will take appropriate measures so that
Participants are informed about the prevention and protection measures and activities within the Festival Area.
13.2 Each Participant is required to display a civilized behavior towards other participants of the Festival.
13.3 To the extent that the Organizer considers that a Participant endangers the safety of the other Participants or creates a situation of discomfort for them or behaves in a manner that affects the smooth conduct of the Festival or the general mood of the festival, the Organizer reserves the right to remove the Participant’s wristband and to request the assistance of the Gendarmerie or the security company to escort the Participant outside the Festival area and to prohibit the Participant’s return to the festival area.
13.4 4 Government agencies, Ministry of Internal Affairs institutions or other authorized bodies may provide the Organizer negative feedback regarding the access of a ticket and/ or pass holder to the Festival area. In this case, the Organizer shall have the right to refuse entry to the event area for the Buyer, and the letter shall have no rights for compensation.
13.5 In particular, for the purpose of the Festival’s good performance, the Participants have thefollowing obligations:
- To immediately communicate any situation for which they have good reason to believe to be threat to the security and health of the Participants to the security Team and / or Organizer’s representatives.
- To inform the security team and/or Organizer’s representatives of any incidents of personal injury.
- To cooperate with the security team and / or Organizer’s representatives, competent authorities, volunteers, to ensure the smooth running of the Festival without risk to health and safety.
- To comply with the provisions of health and safety legislations and their enforcement measures;
- The Participant who notice a fire is required to notify by any means the security team and/ or Organizer’s representatives, for limiting and extinguishing the fire;
- In the event of fire, any Participant is required to provide assistance;
- To comply with the laws regarding smoking in enclosed spaces (smoking in the Polyvalent Hall and other closed areas in the Festival area is strictly forbidden).
XIV. RECORDINGS MADE DURING THE FESTIVAL
14.1 The Organizer has the recording rights for the entire Festival and may use the photo and video images made by both its own staff and the Participants in various materials made during the Festival.
14.2 Visitors are informed that HEARTBEATS, the Contractual Partners authorized by, their associates, members of the Press, other Visitors, and other Third Parties may make audio and video recordings of the Festival.
14.3 Therefore, all Visitors, by virtue of their participation in the Festival, grant the Organizer express permission to record and publish their image, appearance and actions. The person making the recordings according to the above rules will obtain Transferable and Exclusive Use Rights, which are not restricted in time, geographic location and manner of use, for the Visitor Records, any presentation of such Images having to be related to the Festival.
14.4 HEARTBEATS and the persons authorized by HEARTBEATS have the unrestricted right to make profit from, use (especially for the purpose of promoting the Festival), copy, publicly broadcast and distribute such Visitor recordings without the need for any compensation to the Visitors.
14.5 Visitors are specifically informed of the fact that HEARTBEATS can record the Festival, concerts and programs, can copy the recordings and distribute them by means if image carriers, broadcast them or otherwise make them public, and can do so repeatedly , including by informing the public about the Festival, concerts and programs by means of cable data transmission or by any other means (e.g via YouTube) so that members of the public can individually choose the place and time of access.
14.6 Visitors are not allowed, without the prior consent of HEARTBEATS, to sell, use for a price, or use for free, but for commercial purposes, the image and voice recordings they have made, to identify the Visitors appearing in the recordings without their consent, or violate the personal rights of those Visitors.
14.7 Visitors have the right to make audio and video recordings at the Festival, but only with a sound and image recording tool embedded in a personal telecommunication device (e.g a mobile phone or tablet) or another nonprofessional equipment.
14.8 Visitors are not allowed, without the prior consent of HEARTBEATS, to sell, use for a price, or use for free, but for commercial purposes, the image and voice recordings they have made, to identify the Visitors appearing in the recordings without their consent, or violate the personal rights of those Visitors.
14.9 HEARTBEATS, is expressly not liable for any violation of the above-mentioned rules by other visitors.
14.20 The organizer reserves the right to establish areas / locations where taking photographs / videos is prohibited. In case of non-compliance, the Organizer has the right to confiscate the photo/ video camera until the end of the Festival and to delete those recordings.
XV. HEARTBEATS LIMITATION OF LIABILITY
15.1 HEARTBEATS grants no guarantees as the duration of the entry process, given the large number of visitors!
15.2 HEARTBEATS grants no guarantees as to the possibility of entering the Festival at the desired time or the possibility of attending in time the desired concert, or the quality of the entertainment and, explicitly excludes any refund of the Ticket price to the festival goers, or granting a further reduction or payment of damages, indemnification or compensation of any kind to any festival goer.
15.3 Within the Festival, the Organizer can unilaterally modify the program (artistic, organizational, etc.) depending on various situations that may occur along the way.
15.4 HEARTBEATS reserve the right to modify, restructure and further develop the Festival, Services and Products provided at the Festival, at its own discretion, as required. Visitors do not have the right toraise claims against HEARTBEATS regarding such changes, restructurings or future developments.
15.5 Therefore, HEARTBEATS will not guarantee to the Visitor the availability, content, quality and quantity of programs and services (such as the performance of a particular artist, the fact that the performance of a particular artist will rise to the expectations of the Visitor, or the opportunity to participate in a particular program and/ or at a particular location), which however is shaped by the special features of the location and the equipment present within it (such as the number of seats at a particular location).
15.6 However, HEARTBEATS will use its best efforts to provide the pre-announced programs and Services and, if its provision becomes impossible, to replace the canceled program or the Service previously communicated with another program or Service.
15.7 HEARTBEATS has no obligation to cancel the Festival in case of unfavorable weather, but if the authorities request the suspension or closure of the Festival by HEARTBEATS for reasons of force majeure, the Festival or part of it will be canceled/ suspended, and HEARTBEATS shall not be held liable by the festival goers or by any third parties for cancelling/suspending it.
15.8 Visitors are expressly informed of that fact that may also purchase Products and Services in connection with the Festival which are provided by other Contractual Partners, and not by HEARTBEATS. In such cases, the contract is concluded directly between the Visitor and the Contractual Partner, and the rights and obligations arising from the legal relationship apply exclusively to the Visitor and the Contractual Partner.
15.9 Visitors expressly confirm that they cannot raise any claim against HEARTBEATS in connection with the respective Products and Services or in connection with contract for such Products and Services. HEARTBEATS also generally declares that they are not liable in any way for the Products and Services provided by the Contractual Partners. Visitors will use the Services and Products provided by the Contractual Partners exclusively at their own risk. HEARTBEATS assumes no liability for damages arising but the Contractual Partners
15.10 Visitors can only enter the Festival at their own risk. HEARTBEATS will only be liable for international contractual breaches imputable to them and for breaches of contract that endanger human health, integrity or physical health if the damage is caused exclusively by HEARTBEATS and could not be avoided by the participant through any efforts to this regard and excludes any and all liability beyond the Participant’s explicit legal rights in relation to any other harm, including those that effect human life, integrity or physical health or material damage.
15.11 Given that there is no contractual relationship between HEARTBEATS and the Unauthorized Participant, HEARTBEATS explicitly excludes any liability to the Unauthorized Participants for breach of contract and any and all claims that a consumer may demand.
15.12. Lost and found objects can be delivered at the information office shown on the map. Visitors may inquire about the lost items at the same office..
15.13. Unauthorized Visitors and Participants are fully liable, both under civil and criminal law, for any damage caused to HEARTBEATS, its Contractual Partners, other Visitors and Third Parties at the Festival or in connection with the Festival.
15.14 HEARTBEATS is not liable for any damage that may arise outside the Festival Area or on the way to or form the Festival Area, as HEARTBEATS can only be held liable for damages incurred in the Festival Area is the conditions set out in these GTC are met for HEART BEAT becoming liable.
15.15 If any Products or Services are available to the Visitor after the closing time of the festival, then, from that time onwards, the Visitor may purchase or use these products solely on his / her own responsibility.
15.16 HEARTBEATS has the right to immediately terminate the legal relationship with the Participant (holder of a Ticket or Wristband) who has breached any provision of these GTC in connection with the Festival. In such a case, HEARTBEATS may invalidate the Participant’s Ticket, and the participant will be required to leave the Festival. Also, HEARTBEATS reserves the right to refuse to sell another ticket to the festival goer throughout the entire festival.
15.17 In addition to the immediate termination of the legal relationship with the Participant, HEARTBEATS is entitled to impose on that Visitor or Unauthorized Participant a partial (applicable in connection to one or more Festivals) or total (applicable to all Festivals organized by HEARTBEATS or its Partners) ban for a certain period of time.
15.18 The participant agrees to be given the medical treatment that may be considered appropriate in the event of injury, accident or illness during the Festival and completely exonerates HEARTBEATS and all persons participating in the medical treatment for any such actions within the limits of the legal provisions.
15.19 Within the Festival Area, first aid and medical assistance services will be provided non-stop.HEARTBEATS shall not be liable for the manner in which these services are provided
15.20 There will be various high intensity light shows and pyrotechnic effects that can harm children or people suffering from epileptic episodes.
15.21 Participants who suffer from mental or physical illness and who may be affected by any kind of loud noises, special visual effects, crowded areas, special effects or any other such elements, assume full responsibility for the damage they may suffer.
15.22 Also, the Organizer shall not be liable for any damage or injury that may occur as a result of fireworks. Participants assume full liability for their physical / mental capacity for participation in various activities within the Festival.
15.23 MPORTANT! We recommend conducting specialized health checks before participating in such activities that involve, among other things, an increased level of effort.
15.24 HEARTBEATS will not be liable in any way for:
- any kind of damage (direct or indirect) resulting from the use or inability to use the information presented on the Website in connection with the Festival;
- any kind of content errors or omissions that may cause damages.
15.25 HEARTBEATS may, without prior notice, delete, modify or add any information on the Website, suspend any activity on the Website, and if reference is made to other websites, HEARTBEATS does not guarantee and / or confirm in any way the type of information which can be found on these websites.
15.26 HEARTBEATS is not liable for any comments posted by users on the Website. Any information, data, text, photos, graphics, etc. contained on the Website are the responsibility of that person / entity from which it originates. Under these circumstances, HEARTBEATS cannot guarantee the content of the Website including, but not limited to, truncated, incomplete or wrong information or any consequences of their use.
15.27 HEARTBEATS makes no warranties, of any nature, that the Website will operate uninterruptedly, safely and without errors of any kind. The Website may be interrupted by the owner or administrators at any time without prior notice and without any claim of any kind from its users..
15.28 If the Festival is cancelled due to the Organizer’s sole fault, the Contracting Partners, owners of the website used by the Buyers to purchase the Tickets will reimburse the price of the tickets paid by the Buyers within 30 days from the date on which the cancellation was announced.
15.29 The value of the purchased tickets will not be refunded in case of cancellation of the Festival by the Organizer for causes that fall under force majeure or that are due to any unforeseeable circumstances. Force majeure or unforeseeable circumstances shall include, but shall not be limited to any external and unpredictable event such as: storms, threats or risk of terrorist attack, acts of public authorities, legitimate or not, epidemics, pandemics, state of emergency, alert status, accidents, explosions, fires, floods, torrential rains, earthquakes, social conflicts, major short circuits, risk of damage to health or any other cases that cannot be foreseen or removed through the Organizer’s diligence and caution.
15.30 Moving the venue for the event in the same geographical area shall not constitute a reason for ticket refund.
15.31 The dates of the festival can be changed unilaterally by the Organizer in case of force majeure as well as in all the situations provided in the article 15.30, without any obligation to refund the ticket price to the Buyer.
15.32 In the situation where on the background of a pre-existing epidemic or pandemic during the concert, social distancing measures will be imposed, disp. Article 15.32
15.33 If the event is rescheduled for reasons exclusively related to the Organizer’s will, the ticket value can be refunded, but the refund request must be sent to the point of sale from which the ticket was purchased within no more than 30 days from the date of the cancellation of the event for which it was purchased or at the latest on the date when the Buyer should have attended Festival for which they initially purchased the Ticket
15.34 In all situations, only the value of the ticket will be refunded and only for intact, undamaged tickets, and the value of any fees for issuing tickets, printing, distribution or any other fees and commissions that cannot be recovered by the Organizer, as well as the additional costs (accommodation , transport, courier, etc.) shall not be refunded in any circumstances
XVI. INTELLECTUAL PROPERTY RIGHTS
17.1 Everything posted on the Website as well as on various types of media in the Festival Area, such as, but not limited to, images, texts, graphics, symbols, logos, databases, etc. is the property of HEARTBEATS and / or its Contractual Partners. All of this is covered by intellectual property law.
17.2 Visitors and Third Parties may not use, copy, distribute, publish or incorporate such marks or information into any other documents or materials in any way for the purpose of earning revenue without the prior written and express permission of HEARTBEATS and / or its Contractual Partners.
17.3 The images, logos, texts of the HEARTBEATS’s Contractual Partners belong to them and are reproduced on the Website or in the Festival Area with their consent.
17.4 HEARTBEATS will make every effort to identify the messages received on the Website which were not addressed to them by restoring the link to the source or by mentioning the persons appearing on this Website, but will not always be able to guarantee the existence of the reproduced source
XVII. PROVIDING INFORMATION / FRAUD ATTEMPTS
18.1 In order to use the Website, website users agree to provide real information about them as they are specified in the user registration section and agree to provide this information correctly and completely.
18.2 Any attempt to provide false information, to access someone else’s personal data, to modify the content of the Website, or to affect the performance of the server on which the Website is posted will be considered an attempt to fraud the HEARTBEATS systems and will lead to the immediate blocking of the users’ access to the Website. HEARTBEATS also reserves the right to notify the competent authorities of this attempt.
19.1 Any conflict between HEARTBEATS and its clients as a result participating in the Festival or the use of the Website will be settled amicably. It this is not possible; the resolution of conflicts is a matter which shall be submitted to the Romanian courts in Bucharest.
19.2 The applicable law is the Romanian law.
XIX. FORCE MAJEURE AND ACTS OF GOD
20.1 In case of force majeure or Acts of God, the Organizer may decide to amend or even cancel the festival in exceptional circumstances, without being held liable in any manner by the Participants in relation these decisions.
21.1 The names of the chapters and sub-titles are for reference only and shall not be considered for interpreting or construing these GTC.
21.2 If either provision of these GTC is declared null or inapplicable, the remaining clauses shall remain valid and in force, and the clause declared null or inapplicable shall replace by a new clause which shall reflect to the best extent the Organizer’s will.
*** If the allocated number of seats for the HEARTBEATS concert is not enough to cover the volume of tickets, the Organizer reserves his right to organize the event at BT Polivalenta in Cluj.
The organizer undertakes to announce this situation in advance and to inform all participants in the concert accordingly.
The concert will take place, at the same time on the same day and will have the same schedule. The locations being next to each other.
The organizer reserves the right to change or replace artists in case of cancellation of the event for 2022