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Terms and Condistions

These Standard Terms and Conditions apply to participation of

Once in a Lifetime 2022, organised by Sonolux B.V.

 

Article 1 – Definitions

Article 2 – Application

Article 3 – Cancellation and stand reduction

Article 4 – Changes

Article 5 – Admission prices and admission tickets

Article 6 – Event program and participants

Article 7 – Payment obligations

Article 8 – Breakdown and goods

Article 9 – Use of choir seat and Concertgebouw

Article 10 – Intellectual property rights

Article 11 – 360° Life Performance

Article 12 – Risk and liability

Article 13 – Non-performance

Article 14 – Confidentiality

Article 15 – Privacy

Article 16 – Disputes

Article 17 – Residual provision

 

 

Article 1 – Definitions

Capitalised terms used in these Standard Event Terms have the following meanings:
1.1 Participant: each natural or legal person who has submitted an Application Form to be a Participant in an Event, regardless of whether this application has been accepted by Sonolux
1.2 Participant Fee: the amount of the down payment owed by the Applicant to SONOLUX at the time of the conclusion of the Participation Agreement for his application to take part in an Event;
1.3 Conditions of Participation: the conditions contained in the Participation Agreement, the Specific Event Terms (if applicable), these Standard Event Terms and the Rules & Regulations together;
1.4 Event: the concert Once in a Lifetime, in the Concertgebouw Amsterdam
1.5 Participation Agreement: the agreement between the Participant and SONOLUX on the basis of which the Participant is entitled to take part as such in the Event;
1.6 Parties: SONOLUX and the Participant;
1.7 Personal data: according to article 4 GDPR;
1.8 Privacy Legislation: European and national regulations governing the protection of Personal Data, including the GDPR;
1.9 Sonolux: Sonolux Hilversum B.V., which has its offices at Eemnesserweg 67 1221CV Hilversum, the Netherlands, and is listed in the Trade Register of the Chamber of Commerce under number 73746231;
Terms written in the singular include the plural and vice versa, insofar as the text requires.

 

Article 2 – Application

2.1 An application to participate in an Event should be made by completing the Application Form, which can be obtained directly from the Once in a Lifetime online application form. The completed and duly signed Application Form must be submitted to Sonolux. If the Application Form is completed and signed by someone other than a legal representative of the Applicant, the correct name and contact details of a legal representative of the Applicant must be filled in on the Application Form.
2.2 The Applicant warrants that the data supplied with his application are correct and that the legal representative listed on the Application Form is duly authorised to represent him.
2.3 SONOLUX will enter the data obtained from Applicants in a database kept by it for this purpose. Applicant agrees with the Privacy Statement of Once in a Lifetime.
2.4 Applications which cannot be accepted immediately owing to lack of space may be put on a waiting list. A decision on these applications shall be made before the opening of the relevant Event.
2.5 SONOLUX reserves the right to refuse an application at its own discretion.
2.6 If SONOLUX refuses an application, it will refund any payments (including down payments) and will refrain from collecting the Application Fee.
2.7 The Participation Agreement is concluded solely by acceptance by SONOLUX of the application, whereupon the Applicant becomes a Participant. Acceptance shall be confirmed by SONOLUX to the Participant by email.
2.8 The Participant shall have the right to cancel the Participation Agreement, free of charge, until payment of the Application Fee is due as set out in the relevant invoice, 21 days (the Cancellation Term). The Participation Agreement may be cancelled during the Cancellation Term by sending an email to Once in a Lifetime at the email address info@onceinalifetime-amsterdam.org. After the Cancellation Term, the Participation Agreement may only be terminated subject to payment the cancellation fee set out in article 3 below.
2.9 When allocating the choir seat, Once in a lifetime will specify the location in the Concertgebouw. The allocation of the choir seat is binding on the Participant.

Article 3 – Cancellation

3.1

 

 

 

 

 

 

 

 

 

 

3.2

Requests by a Participant to cancel or change a Participation Agreement may be submitted in writing or by email. SONOLUX may grant such a request on condition that the Applicant in any event pays the subsequent cancellation fee, which is based on a fixed percentage of the Participation Costs:

·       upon cancellation in the period from 182 to 63 days before the first rehearsal of the Event: 75% of the Participation Costs;

·       upon cancellation in the period from 62 to 1 day before the first rehearsal of the Event: 100% of the Participation Costs;

or such higher amount as is due in the SONOLUX’s opinion as compensation for the costs incurred or yet to be incurred as a result of the cancellation or amendment. In the event of cancellation or change, the Participant will always owe the Application Fee to SONOLUX.

 

If the Event is cancelled due to the Covid Pandemic, a refund of the Participation Costs will be made on a fixed percentage:

·       upon cancellation in the period from 182 to 63 days before the first rehearsal of the Event: 100% of the Participation Costs;

·       upon cancellation in the period from 62 to 1 day before the first rehearsal of the Event: 50% of the Participation Costs;

Article 4 – Changes

4.1 In extenuating circumstances, SONOLUX has the right to amend the dates and times of the Event as stated in the Specific Conditions, the rehearsal dates, or choir seat allocated to the Participant or, in exceptional circumstances, to change the concept of the Event or to cancel the Event. In such case, the Participant shall not be entitled to claim compensation for any costs and/or loss or damage incurred.
4.2 Changes to dates, times, choir seat, or the concept of the Event do not entitle the Participant to cancel his application in whole or in part.
4.3 If the Event is cancelled, the Participation Agreement will lapse. In such case, SONOLUX will refund all payments made by the Participant to SONOLUX, with the exception of the down payment and after deducting the costs already incurred by SONOLUX in respect of the Event. This refund will be made within 60 days after the date on which SONOLUX has publicized the cancellation of the Event.

Article 5 – Concert prices and admission tickets

5.1 SONOLUX may fix an concert price for the Event which applies to all visitors.
5.2 Upon payment of their Application Fee, Participants will receive one admission ticket, specified in advance, which shall provide continuous admission to the Event. These admission tickets are personal and may not be sold on or used by persons other than the Participant.
5.3 Tickets for the concert are purchased at the ticket sale office of the Concertgebouw. Tickets for the 360° Life Performance on-line stream are purchased at Culture Channel Tv.

Article 6 – Event program and participants

6.1 SONOLUX has the right to refuse goods and immediately remove goods – or arrange for their removal – from the Event without owing any compensation for such removal and without having to give reasons, if the goods are of any danger or burden for the Concertgebouw, the orchestra or the choir. Any costs incurred in connection with such removal will be borne by the Participant.

6.2

 

 

 

For marketing purposes SONOLUX can take photographs and/or make film recordings of the Event and the persons present there. SONOLUX will ask consent for this purpose if needed. Participants and staff engaged by them must permit publication and/or distribution of the photographs and recordings and indemnify SONOLUX against any claims in this respect.

Article 7 – Payment obligations

7.1 The Participant owes the Participation Costs. All amounts are including the VAT due on them.
7.2 The Participation Costs will be charged shortly after the receipt of the Application Form. The costs will be invoiced in two instalments prior to the Event. The first instalment will be a down payment, and will be charged after the Participation Agreement has become effective, but not earlier than a half year before the start of the Event. The second instalment will be the rest of the Participation Costs and will be charged, in principle, six months before the start of the Event.
7.3 If the Participant considers that he does not owe all or part of an invoice, he should inform SONOLUX in writing or by email, giving reasons, within ten days of the date of the invoice, failing which any right to reduction of the invoice amount will lapse.
7.4 SONOLUX is entitled to set off payments made by a Participant, first of all against any outstanding debts owed to SONOLUX.

Article 8 – Breakdown and goods

8.1 The Participant is obliged, after the end of the Event, to restore the choir seat to its original state. Any damage to the Choir seat and/or the Concertgebouw will be borne by the Participant.
8.2 The goods of the Participant that are still present in the Concertgebouw after the period(s) referred to in article 10.1 may be stored or destroyed at the expense and risk of the Participant.

Article 9 – Use of choir seat and Concertgebouw

9.1 The Participant shall have access to the Concertgebouw solely for the purpose of rehearsals and concert during such period(s) as are specified in the application form
9.2 The Participant is obliged to strictly comply with the instructions given by or on behalf of SONOLUX, the Municipality, the fire brigade and other authorities.
9.3 Gangways and paths must be kept completely free at all times. SONOLUX is entitled to clear the paths and keep them clear (or arrange for this to be done) at the expense of the Participant.
9.4

Unless expressly agreed otherwise in writing with SONOLUX, the Participant is not permitted to:

1.     hire out or part with possession of all or part of the choir seat occupied by him to third parties, or exchange it with another Participant;

2.     keep the choir seat occupied by him closed or unstaffed during the time in which the Event is open to visitors.

3.     engage in activities which, in the opinion of SONOLUX, cause damage to or detract from the Event as such, or one or more Participants, visitors, groups of visitors or third parties;

4.     engage in activities that cause damage or nuisance to SONOLUX, Participants and/or visitors, namely noise nuisance, obstruction of light or view or nuisance in any other form;

5.     engage in activities that disrupt or are likely to disrupt the EVENT;

6.     project images, amplify speech by means of loudspeakers, and play music (live or otherwise) and/or make sounds that reach the limit of seventy-five decibels (75dB(A))

7.     make changes in or to the Concertgebouw, for instance by gluing, painting, hacking in, breaking, drilling, nailing or otherwise damaging floors, walls, ceilings, columns and so forth;

8.     sell goods or services.

9.     exchange parts and accessories of exhibited goods (or arrange for their exchange) in the Concertgebouw;

10.  place or hand out goods and/or advertising material (flyers) of any kind whatsoever outside the Once in a lifetime occupied by him;

11.  have any flammable or explosive substances, gases and hazardous goods (including chemical pesticides and insecticides), foul-smelling substances or radioactive sources in the Concertgebouw and/or have any open fires;

12.  bring food and/or drinks into the Concertgebouw or cause the same to be done, and/or stock or sell them and/or distribute them free of charge, unless they have been purchased from SONOLUX and unless this is done in accordance with the provisions of the applicable laws and regulations;

13.  organise lotteries and hold competitions without SONOLUX’s consent; if a Participant has such consent, he must strictly comply with the applicable laws and regulations;

9.5 The final decision on the use of Choir seat in the Concertgebouw by the Participant rests with SONOLUX.

Article 10 – Intellectual property rights

10.1 The Participant is not permitted to display, offer and/or sell any goods or services in the Concertgebouw which infringe another person’s intellectual property rights. For this purpose intellectual property rights are deemed to include any patent, trademark, design right, copyright, know-how or domain name (or application for the same).
10.2 If infringement has been established in a judicial ruling, SONOLUX is entitled to remove the goods concerned (or have them removed) at the expense and risk of the Participant, deny the Participant access to the Event and take whatever other measures that it considers necessary, without prejudice to the provisions of article 14.
10.3 SONOLUX is the owner of the intellectual property rights relating to the Event. SONOLUX may grant written permission to Participants and other third parties to use these intellectual property rights in such manner as SONOLUX may direct.

Article 11 – 360° Life Performance

11.1 Once in a Lifetime will be streamed in collaboration with Culture Channel Tv. All responsibility about quality of stream are with Culture Channel. Sonolux cannot be held responsible for any kind of technical failure of the stream.
11.2 Payments of the stream will be directly collected by Culture Channel Tv

Article 12 – Risk and liability

12.1 Goods of a Participant, including their packaging, present in the Concertgebouw are at the expense and risk of the Participant. SONOLUX does not concern itself with the security or insurance of the goods.
12.2 The Participant is responsible for obtaining the requisite licences and permits for his participation in the Event and for Event-related activities as well as for complying with the laws and regulations applicable to his activities.
12.3 SONOLUX is not liable for any loss or damage suffered directly or indirectly by a Participant, by his personnel, by persons working on the instructions of the Participant, by the holders of admission tickets issued to the Participant or by his visitors, unless in case of gross negligence of willful intent on the part of SONOLUX.
12.4 The Participant is liable for and must take out adequate insurance against any and all loss or damage of any nature whatever that is caused by acts or omissions of the Participant himself and holders of admission tickets issued to the Participant, and for loss or damage which is caused in any way by his goods and services.
12.5 The Participant indemnifies SONOLUX against any and all claims that third parties may bring against SONOLUX in connection with its acts or omissions.
12.6 SONOLUX shall not be obliged to intervene in any disputes to which it is not party, with the exception of article 11.2, including but not limited to disputes between Participants and disputes between Participants and visitors.
12.7 Any liability of SONOLUX is limited to the amount paid out under the terms of SONOLUX’s liability insurance, provided always that, in the absence of cover, SONOLUX’s liability is limited to the Participation Costs owed by the Participant on the basis of his application.

Article 13 – Non-performance

13.1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13.2

Where a Participant act in breach of any provision of the Conditions of Participation or fail to follow an instruction given by or on behalf of SONOLUX, SONOLUX is entitled, without recourse to the courts and, where necessary, at the expense of the Participant, to take whatever measures it sees fit, including but not limited to the following:

·       terminate all or part of the Participation Agreement, without the need for prior notice of default; and/or

·       cancel the admission tickets issued to the Participant and bar the person(s) concerned from the Event and/or the Concertgebouw with immediate effect; and/or

·       cancel or discontinue the build-up of the Choir seat, close or vacate all or part of the Choir seat (or arrange for this to be done), and dispose of the Choir seat thus released or left unoccupied; and/or

·       exclude the Participant concerned from participating in the Event and any other Events to be organised; and/or

·       if the Participant fails to pay the Participation Costs on time or in full, charge the statutory commercial interest and extrajudicial costs of collection on the amount of the claim(s);

notwithstanding SONOLUX’s right to claim full compensation for any loss or damage suffered and/or yet to be suffered.

 

Singers of the Once in a Lifetime choir requires a proper level of singing. No professional level is required, but if the level of a singer causes severe quality decrease of the Concert, Once in a Lifetime has the right to expel a choir member from the choir. The objective judgement lies with the Conductor of the Concert. Application Fees are not refundable in this situation. Once in a Lifetime and Sonolux cannot be held responsible for any costs or emotional damage of the Participant who is expelled.

Article 14 – Confidentiality

14.1 Each Party shall treat as confidential and not disclose or use any information contained in this Participation Agreement or information that becomes available in the course of performing the Participation Agreement and of which it has been notified by the other Party that the information is confidential or that it should reasonably understand is confidential, unless and in so far as:
14.1.1 disclosure is required by the Participation Agreement, by law or by the courts;
14.1.2 disclosure is required by a supervisory authority or public body;
14.1.3 disclosure is necessary to enforce this Participation Agreement in court proceedings;
14.1.4 the other Party has given written permission for disclosure;
14.1.5 the information has come into the public domain through no fault of the disclosing Party;
14.1.6 disclosure is necessary in order to obtain advice from a professional adviser.
In the event of disclosure of information in the cases referred to above, the disclosing Party shall consult the other Party about the content, form and timing of the intended disclosure.

Article 15 – Privacy

15.1

 

 

15.2

Photo’s and video content will be made for promotional purposes on the website of once in a lifetime, Sonolux and social media. The Participant has actively agreed to this use on the Application Form.

 

After signing the Application Form, Sonolux cannot be asked to remove or blur the faces of the Applicant.

Article 16 – Disputes

16.1 The Conditions of Participation and all legal relations which may arise between SONOLUX on the one hand and the Participant and/or Applicant on the other will be governed exclusively by Dutch law.
16.2 In the event of disputes resulting from the Conditions of Participation or legal relationships arising from them, the Parties will first of consult together in order to attempt to resolve this dispute by amicable means. If the Parties do not succeed in this, a dispute as referred to above will be decided exclusively by the competent court in Amsterdam, without prejudice to the right of appeal and appeal in cassation.
16.3 If, for any reason whatever, a Participant or Applicant does not have an address or place of residence known to SONOLUX, the Participant will be deemed to have chosen the offices of SONOLUX at Eemnessergweg 67, Hilversum, the Netherlands, as its address for the service of all notices and the like which SONOLUX may wish to give in connection with the Conditions of Participation and their implementation.

Article 17 – Residual provision

17.1 SONOLUX will decide on all matters for which the Conditions of Participation make no provision or in all cases in which they are deemed unclear.
17.2 This English text of the Conditions of Participation is a translation of the Dutch original. If the Dutch and English texts of the Conditions of Participation are unclear or mutually inconsistent the Dutch text will prevail.

 

For more information reach us at info@oial.org

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