GENERAL TERMS & CONDITIONS TICKETS

 

  1. General
    • These general terms and conditions for tickets (hereinafter: the “General Terms & Conditions“) apply to every offer and every agreement made between Holiday on Ice B.V. (hereinafter: “Holiday on Ice“) and the customer purchasing a ticket for a show of Holiday on Ice (hereinafter the “customer“). These General Terms & Conditions also apply when the agreement is made via an official (pre)sale partner that Holiday on Ice has engaged for the show (hereinafter “(pre)sale partner”).
    • In these General Terms & Conditions, the location where the show is held, means the actual location of the show as well as all the grounds, areas, fields, et cetera around it, that comprise the complex within which the show takes place.
    • The applicability of any general terms and conditions of the customer is herewith explicitly rejected.
    • Holiday on Ice is entitled to change these General Terms & Conditions. The updated conditions will be published on the website of Holiday on Ice.

 

  1. Conclusion of the agreement/Tickets
    • The agreement between Holiday on Ice and the customer regarding the attending of a show is concluded at the moment the customer purchases a ticket for the show from Holiday on Ice or from a (pre)sale partner.
    • A ticket can consist of a document or a bar code supplied by or on behalf Holiday on Ice. The bar code is a unique code. The ticket is supplied once and gives access to the show for one person. The ticket is and will remain the property of Holiday on Ice. The ticket entitles the holder with the right to attend the show. Access is given only to the holder of the ticket that is able to have his ticket scanned first, since Holiday on Ice may assume that the holder of this ticket is also entitled to this ticket (e.g. is the customer). Holiday on Ice is not obliged to perform any further verification of valid tickets. The customer must take responsibility for ensuring that he is and remains the holder of the ticket issued by Holiday on Ice or by its (pre)sale partner.
    • As of the moment that the ticket has been supplied to the customer, the customer bears the risk of loss, theft, damage or misuse of the ticket. Only a purchase from a (pre)sale partner guarantees the validity of the ticket. The burden of proof in that regard rests with the customer.
    • The ticket that consists of a bar code is supplied to the customer via e-mail. If the customer has selected to receive the ticket via email, the customer must ensure that the ticket can be received via email in a secure manner. Holiday on Ice can guarantee neither the confidentiality of the supplied ticket nor its receipt.
    • Holiday on Ice reserves the right to set a maximum on the number of admission tickets to be ordered by a single customer, and the customer is obliged to comply with such maximum number.
    • Tickets cannot be returned. Article 6:230p sub e of the Dutch Civil Code is applicable.

 

  1. The customer’s obligations
    • The customer must be in possession of a valid and intact ticket, both before the start and during the show and for as long as he is on the location site where the show is being held. Upon the request of the proprietor of the location where the show is being held, the customer is obliged to present his ticket to the attendants and other authorized persons for inspection.
    • If, after entering the location where the show is to take place, the customer leaves this location, the ticket loses its validity.
    • The customer may be obliged, if so requested, to cooperate with a body search when attending the show. Furthermore, the customer may be obliged, both during the attendance of the show as when purchasing the ticket, to provide identification, upon first request, to allow Holiday on Ice to be able to comply with any legal obligations, such as but not limited to the prohibition to serve alcohol to persons under the legal drinking age.
    • The customer shall comply with any instructions (including house rules) or directions from Holiday on Ice, the proprietors of the location where the show takes place, the attendants (security), the fire brigade and any other authorized persons. If a smoking ban is in place at the show location, such ban shall be applicable to all smoking devices (including electronic smoking devices).
    • Holiday on Ice advises a minimum age of 16 years for customers who visit shows without being accompanied by an adult. Visitors under the age of 16 years are advised to be accompanied by an adult. Holiday on Ice retains the right to set a minimum age for specific events, which will be announced in advance.

 

  1. Prohibition of resale
    • The customer is obliged to keep the ticket for a show to himself and therefore not to resell, offer for sale or offer or provide for commercial purposes in any way, to third parties. Holiday on Ice may exempt from this prohibition the sale of tickets via a ticket exchange platform designated by Holiday on Ice.
    • The customer is obliged towards Holiday on Ice not to advertise in any way or to use any (other) form of publicity in connection with the show.
    • The customer who passes on his ticket to third parties for free and not for commercial purpose, is obliged to impose, on the person to whom he gives the ticket, the obligations that rest on him as customer, as they set out in these General Terms & Conditions and guarantees that this person fulfills these obligations. Holiday on Ice may decide to sell personalized tickets for a show. In that case – contrary to the foregoing – a ticket will not be transferable and only the customer shall be granted access to the show. Holiday on Ice has the right (but not the obligation) to verify the identity of the ticket holder to determine whether it matches the customer’s name and, if not, to refuse entry to the show to the ticket holder.
    • If the customer does not comply with his/her obligations as set out in the preceding paragraphs of this article or cannot guarantee this, the customer will owe Holiday on Ice an immediately due and payable fine of EUR 2.500,- per violation, without prejudice to the right of Holiday on Ice to also demand compliance or compensation from the customer for any direct or indirect damage suffered or to be suffered.

 

  1. Rights Holiday on Ice
    • In the event of a violation by the customer of (one or more) of the provisions as included in these General Terms & Conditions, Holiday on Ice is entitled to invalidate the ticket or to refuse the customer (further) access to the show without the customer having any right to reimbursement of the amount that he has paid Holiday on Ice, directly or via a (pre)sale partner, for the ticket (including the service charges). The holders of any such invalidated ticket will be denied entry to the show, without any right to a refund or other compensation.
    • Holiday on Ice reserves the right to deny the customer (further) access to the show or to remove him from the location at which the show takes place if Holiday on Ice considers this reasonably necessary to maintain peace and order during the show.
    • In the event a ticket is likely to be counterfeit, Holiday on Ice is entitled to refuse to admit the holder of this ticket to the show, without the customer or this holder being able to claim any compensation for any loss that this may cause him.
    • Holiday on Ice is entitled to make, or have made, image or sound recordings, and to use such images and recordings for itself or for the benefit of its partners or sponsors. Persons who appear in the recordings cannot claim any compensation.
    • Holiday on Ice is allowed to take additional (safety) measures per show. Holiday on Ice will announce such additional measures in a timely manner and communicate these to the customer, for example by way of e-mail or a notification on its website or the website of the location of the show.

 

  1. Force Majeure
    • In the event of a Force Majeure situation, including but not limited to illness or cancellation of the artists, strikes, fire, bad weather, epidemics, etcetera, Holiday on Ice has the right to move the show to another date or cancel the show.
    • If the show is canceled by Holiday on Ice as a result of or in connection with a Force Majeure situation before it commences, Holiday on Ice will only be obliged to refund the customer the fee stated on the ticket, or in the absence of such, the amount (excluding service costs) that the customer has paid via the (pre)sales partner, if and to the extent that a statutory provision for Holiday on Ice does not result in an alternative course of action for such a case, which Holiday on Ice can then make use of. If a show is to be canceled as a result of or in connection with a Force Majeure situation after it has commenced, Holiday on Ice will only be required to refund a portion of the fee specified on the ticket, or in the absence of such, the amount (excluding service costs) that the customer has paid via the official (pre)sales partner. Refunds will in this case only be made within twelve weeks after the canceled date at a (pre)sales partner, after delivery by the customer to the (pre)sales partner of a valid and undamaged ticket for the (canceled) show. In such a case, the (pre)sales partner decides on the refund of service costs. Any other damage (including travel and accommodation expenses) will not be compensated nor can the customer claim (replacement) access to another show.
    • If the show is postponed due to or in connection with a Force Majeure situation by Holiday on Ice to another date, the ticket will remain valid for the new date on which the show will take place. If the customer cannot or does not want to visit the show on the new date, he is entitled to hand in his ticket at a (pre)sales partner against a refund of the amount stated on the ticket, or in absence of such, the amount (in principle excluding service costs) that the customer has paid via the (pre)sales partner, if and to the extent that a statutory provision for Holiday on Ice does not result in an alternative course of action for such a case, which Holiday on Ice can then make use of. This refund, if necessary, that is only if Holiday on Ice has not made use of an alternative course of action granted to it by law, will only take place if the customer presents a valid and undamaged ticket to the (pre)sales partner in time. If the show has been moved to a later date, the customer will not be entitled to a refund of the aforementioned compensation if he has not returned the relevant ticket to the (pre)sales partner within four weeks of the moved date on which the show takes place. If the show has been moved to an earlier date than stated on the ticket, the customer’s right to a refund will lapse if he does not return his ticket to a (pre)sales partner within four weeks of the (old) date as stated on the ticket. In such a case, the (pre)sales partner decides on the possible refund of service costs. Any other damage (including travel and accommodation expenses) will not be compensated nor can the customer claim (replacement) access to another show.

 

  1. Liability Holiday on Ice
    • Holiday on Ice is liable for direct damages that the customer may suffer and that is the immediate and exclusive consequence of a failure attributable to Holiday on Ice. However, the only types of damage eligible for compensation are those for which Holiday on Ice is insured and which the insurer covers. Not eligible for compensation are: a) consequential damages; b) intangible damages; c) damage caused by intent or deliberate recklessness of Holiday on Ice’s supporting staff.
    • Entering the location of the show and attending the show will be for the customer’s own risk, in the sense that Holiday on Ice does not accept any liability for damages caused by said entry or attendance such as, for example, but not limited to, damage to hearing or vision or other physical disorders.
    • Holiday on Ice aims to implement the program according to the announced timetable as much as possible. However, Holiday on Ice cannot be held liable for any deviations therein and for the (possible) damages that could arise for the customer or third parties as a result thereof. The show times, as stated on the ticket, among other things, are always subject to change. The customer is obliged to regularly check (via the website or other communication channels of Holiday on Ice) whether the start time is unchanged.
    • Holiday on Ice cannot be held liable for the content and the manner in which the program of the show is performed, including but not limited to, the length of the program. Holiday on Ice can furthermore not be held liable for any changes in the program.
    • Holiday on Ice cannot be held liable for any damages to the customer caused by loss or damage to the ticket.

 

  1. Governing law & jurisdiction
    • These General Terms & Conditions, any agreement that exists between the customer and Holiday on Ice and any and all extensions or modifications thereof, shall exclusively be governed by and construed in accordance with the laws of the Netherlands.
    • Any disputes, including interlocutory proceedings, arising from or in connection with these General Terms & Conditions or the agreement between the customer and Holiday on Ice shall be exclusively subject to the competent Court of Amsterdam, the Netherlands. The foregoing does not affect the right of Holiday on Ice to submit a dispute to the court that would have jurisdiction in the absence of this stipulation.