General Terms and Conditions for Admission Tickets, dated 15 March 2020
Filed with the court registry of the District Court of the Northern Netherlands, Assen venue, under number XX/XXXX
Circuit van Drenthe B.V.
Index
Article 1 – Definitions
Article 2 –Applicability of the general terms and conditions and formation of an agreement
Article 3 – Admission tickets and payment
Article 4 – Obligations of the customer
Article 5 – Rights of TT Circuit Assen
Article 6 – Force majeure
Article 7 – Liability
Article 8 – Personal data
Article 9 – Final provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
TT Circuit Assen: the legal entity under Dutch law that is ‘Circuit van Drenthe B.V.’.
Agreement: each agreement formed between TT Circuit Assen and the customer.
Customer: the person or party who buys an admission ticket for an event organised by TT Circuit Assen, including both consumers and commercial customers.
Consumer: each natural person who acts for purposes that are not part of their business activity or professional activity.
Distance agreement: an agreement entered into between TT Circuit Assen and a consumer under an organised system for the remote selling of products and/or services, whereby - up to and including the entering into of the agreement - use is solely made of one or more technologies for remote communication.
Commercial customer: each natural person or legal entity that acts in the context of their business activity or professional activity in the broadest sense of the term, this including but not limited to promotional, network-related, customer-related and/or canvassing-related activities, including those undertaken via another person who acts on their behalf or for their account.
Sales outlet: an official sales (or pre-sale) organisation deployed by TT Circuit Assen for an event.
Admission ticket: a digital or paper document issued by TT Circuit Assen or by a sales outlet it is deploying that entitles the customer to gain entry to an event organised by TT Circuit Assen.
Event: one of the three events organised by TT Circuit Assen, namely the WC (WK) Superbike, the Dutch TT (MotoGP) and the British Superbikes.
Event venue: the venue located at De Haar 9, 9405 TE in Assen named the ‘TT Circuit’, consisting of the actual location of the event as well as all sites, areas, fields etc. around it that are part of the location where the event is being held, as well as the public road adjoining it that TT Circuit Assen has any kind of commercial entitlement to.
Article 2 – Applicability of the general terms and conditions and formation of an agreement
2.1. These General Terms and Conditions for Admission Tickets (hereinafter: the ‘General Terms and Conditions’) apply to each offer and agreement formed between TT Circuit Assen and the customer. The General Terms and Conditions apply for both commercial customers and consumers. If a provision in the General Terms and Conditions applies solely to consumers or commercial customers then this will be stated explicitly. The General Terms and Conditions also apply if the agreement is formed via a sales outlet deployed by TT Circuit Assen for the event in question.
2.2. The agreement between TT Circuit Assen and the customer is formed at the moment in time when the customer buys an admission ticket for the event from either TT Circuit Assen or a sales outlet deployed by TT Circuit Assen and thus accepts TT Circuit Assen’s offer.
2.3. By purchasing an admission ticket or acquiring it in another way or by entering the event venue, the customer declares that they unconditionally accept the content of the General Terms and Conditions.
2.4. The full or partial nullity of any provision of the General Terms and Conditions does not affect the validity of the other provisions of the General Terms and Conditions. If a provision is fully or partially null and void, nullifiable or otherwise invalid then it is converted into a valid provision that as far as possible has a corresponding scope.
2.5. The applicability of any general terms and conditions of the customer is explicitly rejected.
Article 3 – Admission tickets and payment
3.1. An admission ticket may consist of a document issued by or for TT Circuit Assen in the form of a hardcopy entry ticket or an E-ticket. The barcode printed on either document is a unique code.
3.2. The admission ticket is only issued once and grants access to a single person.
3.3. The admission tickets are and remain the property of TT Circuit Assen. The admission ticket entitles the holder to attend the event. Only the holder of the admission ticket who is the first to present the admission ticket at the start of the event will be admitted to it. TT Circuit Assen may proceed on the basis that the holder of this admission ticket is also its rightholder. TT Circuit Assen is not obliged to make further checks for valid admission tickets. It is up to the customer to ensure that they become, are and remain the holder of the admission ticket issued by TT Circuit Assen or the sales outlet.
3.4. As soon as the admission ticket has been made available to the customer, the risk of loss, theft, damage or misuse of the admission ticket lies with the customer.
3.5. The validity of the admission ticket is only guaranteed if it is purchased from a recognised sales outlet or from TT Circuit Assen. The burden of proof in this regard lies with the customer.
3.6. TT Circuit Assen reserves the right to set a maximum limit for the number of admission tickets that can be ordered from its website www.ttcircuit.com. The customer is then obliged to keep to the maximum set by TT Circuit Assen.
3.7. Customers cannot return admission tickets. It is explicitly stated here with respect to consumers that by virtue of the provisions in Article 6:230p under e. BW (Dutch Civil Code), services relating to leisure activities - this including the events organised by TT Circuit Assen - are exempted from the right of revocation that applies for consumers in respect of distance agreements.
3.8. An admission ticket is invalid without its counterfoil/stub. The holder of an admission ticket whose counterfoil/stub is missing can be refused entry by TT Circuit Assen.
3.9. If the admission ticket contains a barcode then the customer is responsible for the depiction and legibility of this barcode. If the barcode is poorly printed, damaged, illegible or only partially visible then entry may be refused and the admission ticket may be deemed to be invalid.
3.10. Ordered and paid-for admission tickets that are purchased directly from TT Circuit Assen and with payment made directly to the latter will be sent out to the address stated by the customer, this being done after 15 March of each year but at the latest 1 week before the start of the event. Purchased E-tickets will be sent immediately after payment to the e-mail address stated by the customer.
3.11. Admission tickets that are ordered at a later date can be picked up from the circuit’s information centre.
3.12. Payment may be made in one of the ways stated during the ordering process. The customer is himself responsible for stating correctly the details that must be filled in during the ordering process, so that the ordering, payment and shipment of the admission ticket can be processed correctly, this including the details needed for the payment by credit card or by the Dutch iDEAL payment method via the Internet, as well as the recipient’s correct address details.
3.13. TT Circuit Assen is authorised to check that the details submitted by the customer are correct (or to have this done). The providing of incorrect or incomplete details can mean that the admission ticket is not sent out.
3.14. TT Circuit Assen will only provide the admission ticket if and as soon as authorisation for the payment owed has been obtained.
3.15. If the customer fails to make any payment then TT Circuit Assen is authorised to suspend or terminate the agreement in question (and/or its execution) and any related agreements.
Article 4 – Obligations of the customer
4.1. The customer who provides their admission ticket to third parties is obliged to further impose those obligations imposed on them (as laid down in the General Terms and Conditions) on the person(s) that they give the admission ticket to and warrants vis-à-vis TT Circuit Assen that the person(s) in question will fulfil these obligations.
4.2. With regard to safety and public order, the customer is obliged to cooperate with body searches if the authorised personnel request this while they are attending the event. If the customer does not want to cooperate with this, they can be refused entry to the event, without TT Circuit Assen being obliged to refund the admission price.
4.3. The customer must be in possession of a valid and undamaged admission ticket both before the start of and during the event and for as long as they are present at the venue where the event is being held. The customer is obliged to show their admission ticket at the request of TT Circuit Assen, the public order personnel and other authorised persons.
4.4. If after entering the venue where the event is being held the customer then leaves it, the admission ticket loses its validity.
4.5. It is prohibited to bring alcoholic beverages, drugs, soft drinks or other drinks in a glass or weapons (for striking, thrusting, stabbing and/or other purposes) to the event venue. If TT Circuit Assen takes such items into custody for the duration of the event then it accepts no liability at all in this regard. Items prohibited by law will be seized and will not be returned.
4.6. At the request of TT Circuit Assen, the public order personnel, the hospitality personnel and other authorised persons, the customer is obliged to provide proof of his identity by means of a valid ID.
4.7. The customer is obliged to comply with the rules (including house rules) and/or instructions issued by TT Circuit Assen, the public order personnel (security), the fire service and other authorised persons.
4.8. For independent visits to events (i.e. those made unaccompanied by a person of age), TT Circuit Assen recommends that visitors be at least 16 years of age. We recommend that visitors younger than this be accompanied by a person of age.
Article 5 – Rights of TT Circuit Assen
5.1. If the customer violates one or more of the provisions set out in the General Terms and Conditions, including the refusal to prove their identity, refusal to cooperate with a body search, fraud or in other situations where their entry or continued presence constitutes a risk for public order or safety then TT Circuit Assen is authorised to declare the admission ticket invalid or to refuse the customer entry to or their continued attendance at the event, without the customer being entitled to a refund of the sum that they paid TT Circuit Assen - including via a sales outlet - for the admission ticket (including service charges). Holders of admission tickets that have been declared invalid are not entitled to a refund, compensation or damages.
5.2. TT Circuit Assen reserves the right to refuse the customer entry to or continued attendance at the event or to/at the venue where the event is being held if TT Circuit Assen deems this reasonably necessary to maintain calm and public order during the event.
5.3. If it appears likely that the admission ticket has been forged then TT Circuit Assen is authorised to refuse the holder of this admission ticket entry to or his continued attendance at the event, without the customer or this holder being entitled to any reimbursement for any loss they suffer as the result.
Article 6 – Force majeure
6.1. In the case of force majeure in the broadest sense of the term - this including in this context but not limited to cancellation by participants, strikes, accidents, unusable facilities, fire, bad weather conditions, epidemics/pandemics, withdrawn permits, measures relating to public order and safety, actual or threatened terrorist attacks and other causes, whether foreseen or unforeseen, that TT Circuit Assen cannot exercise any influence over - then TT Circuit Assen is entitled to postpone the event to a later date or to cancel it.
6.2. If as the result of or in connection with force majeure the event is cancelled by TT Circuit Assen before it starts, TT Circuit Assen is solely obliged to refund to the consumer the admission price that is stated on the admission ticket. If as the result of or in connection with force majeure the event has to be cancelled after it starts, TT Circuit Assen is only obliged to refund to the consumer a particular percentage (to be decided by TT Circuit Assen) of the admission price that is stated on the admission ticket. The consumer has no claim to replacement entry or other entry to another event, unless TT Circuit Assen determines otherwise.
6.3. If as the result of or in connection with force majeure TT Circuit Assen moves the event to a different date then the admission ticket remains valid for the new date on which the event is to be held. If the consumer does not want to - or is unable to -attend the event on the new date, they are entitled to hand in their admission ticket to TT Circuit Assen to obtain a refund of the admission price stated on the admission ticket.
6.4. If by virtue of Article 6.2 the consumer is entitled to a full or partial refund of the admission price stated on the admission ticket then this full or partial refund will only be made if the consumer hands in a valid and undamaged admission ticket to TT Circuit Assen no later than two months after the cancelled date.
6.5. If by virtue of Article 6.3. the consumer is entitled to a refund of the admission price stated on the admission ticket then this refund will only be made if the consumer hands in a valid, unused and undamaged admission ticket to TT Circuit Assen no later than four weeks after the new date. When determining whether an admission ticket is used or unused, TT Circuit Assen’s records will at all times be decisive.
6.6. If as the result of or in connection with force majeure the event is cancelled by TT Circuit Assen before or after the start of the event or if the event is moved to a new date, TT Circuit Assen will on no account be obliged to refund to commercial customers the admission price paid or to reimburse them for any injury (incl. harm, losses).
6.7. The option for commercial customers to terminate the agreement is expressly excluded.
Article 7 – Liability
7.1. TT Circuit Assen is only liable for the consumer’s injury if this injury - including injury through attributable non-performance and injury through wrongful act - is directly and solely the result of a serious shortcoming that can be attributed to TT Circuit Assen or if it is the result of intent or deliberate recklessness on the part of TT Circuit Assen.
7.2. TT Circuit Assen is never liable for any injury suffered by the commercial customer, unless this is the direct and sole result of intent or deliberate recklessness on the part of TT Circuit Assen.
7.3. In the case of TT Circuit Assen’s liability vis-à-vis the customer, the only injury that will be reimbursed is that which TT Circuit Assen is insured against, with this liability being limited to the sum that can be claimed under TT Circuit Assen’s liability insurance in the case in question, plus TT Circuit Assen’s insurance cover excess/deductible.
7.4. TT Circuit Assen’s liability vis-à-vis the customer is in all cases excluded for:
a) consequential loss/damage and indirect consequential loss on the part of the customer;
b) property damage;
c) intangible loss;
d) injury resulting from the customer’s failure to follow the instructions issued by officials deployed by TT Circuit Assen and their failure to comply with general standards of public order, safety and decency;
e) injury caused in any way by other customers and/or visitors;
f) injury caused by products provided by or purchased from third parties at the event venue;
7.5. TT Circuit Assen will endeavour to ensure that the programme is carried out as far as possible in line with the published schedule. However, it is not liable for deviations in it or for any actual or potential injury caused to the customer and/or third parties as a result. The start times stated on the admission tickets and elsewhere are subject to change. The customer is obliged to check regularly (via TT Circuit Assen’s website or other communication channels) whether a particular start time has been changed.
7.6. TT Circuit Assen is not liable for the content or method of execution of the event programme, this explicitly including the programme’s duration.
7.7. TT Circuit Assen is not liable for injury to the customer that arose due to loss of or damage to the admission ticket.
Article 8 – Personal data
8.1. TT Circuit Assen processes personal data of customers and of visitors to its websites in line with its privacy statement and in accordance with the GDPR (the General Data Protection Regulation, known in the Netherlands as the ‘AVG’) and the GDPR Implementation Act. The aforementioned privacy statement can be found at http://www.ttcircuit.com/privacy-statement/.
Article 9 – Final provisions
9.1. TT Circuit Assen is authorised to amend the General Terms and Conditions for Admission Tickets unilaterally. In that case, TT Circuit Assen will inform the customer promptly about the amendments. If the customer is a consumer and the amendment leads to a service being delivered to the consumer that deviates significantly from the original service then the consumer is authorised to terminate the agreement as at the date that the amended general terms and conditions come into force. The new general terms and conditions will be published on the TT Circuit Assen website.
9.2. All agreements that exist between the customer and TT Circuit Assen is governed by Dutch law.
9.3. Any and all disputes arising between TT Circuit Assen and the consumer in connection with the agreement between TT Circuit Assen and the consumer or with any agreement or legal relationship that results from this will solely be resolved by the District Court of the Northern Netherlands, Assen venue, unless the consumer - no later than one month after TT Circuit Assen has invoked the competence of the District Court of the Northern Netherlands, Assen venue - lets it be known that he wishes to have the dispute resolved by the court that has territorial jurisdiction under the law.
9.4. Any and all disputes arising between TT Circuit Assen and the commercial customer in connection with the agreement between TT Circuit Assen and the consumer or with any agreement or legal relationship that results from this will solely be resolved by the District Court of the Northern Netherlands, Assen venue.
9.5. When it comes to the interpretation of the content and scope of the General Terms and Conditions and/or its provisions, the Dutch text is at all times decisive and determinative.
9.6. Circuit van Drenthe B.V. has its registered office in (9405 TE) Assen, De Haar 9 and is registered with the KvK (Dutch Chamber of Commerce) under nr. 04048613. The VAT identification number is NL8040.83.216.B.02.
9.7. Circuit van Drenthe B.V. can be contacted for information on working days from 9.00 a.m. to 5.00 p.m. CET at phone number 0900-3882488.