No recording audio-visual equipment, including drones and selfiesticks
No cameras specified in Terms and Conditions
No dangerous items including guns, crackers, flares
No alcohol and narcotic drugs
No own beverages and food
No closed packages, parcels etc.
TERMS AND CONDITIONS OF EVENT
under the name “OPEN’ER FESTIVAL”
GDYNIA, GDYNIA-KOSAKOWO AIRPORT, 30.06-3.07.2021
I. GENERAL PROVISIONS:
1. The present terms and conditions (hereinafter referred to as "Terms and Conditions ") were issued in accordance with the articles of Act of 20 March 2009 on Safety at Mass Events, consolidated text: Journal of Laws 2018, item 1870 (herein referred to as "Mass Events Safety Act"), in accordance with Act of 22 August 1997 on Protection of Persons and Property, consolidated text Journal of Laws 2018 item 2142 (herein referred to as “Protection of Persons and Property Act”) and in accordance with the articles of Civil Code.
2. The Terms and Conditions are issued by the promoter of event under the name "Open'er Festival", which will take place on 30.06-3.07.2021 in Gdynia - Kosakowo airport (hereinafter referred to as "Event"), that is, ALTER ART FESTIVAL SP. Z O.O. residing in Warsaw, ul. Kazimierzowska 14, entered in the register of companies by the 13th division of the District Court for the City of Warsaw under KRS number 227624,Tax identification number (NIP) 586-21-41-557 (hereinafter referred to as ‘Promoter’). Warsaw District Court under KRS number 227624 (hereinafter referred to as "Promoter").
3. The Terms and Conditions are intended for all persons who will be staying in the area where Event will be taking place, in the course of Event. Every person staying in this area in the course of Event is obliged to abide by the provisions of these Terms and Conditions.
4. The aim of The Terms and Conditions is to ensure the safety of Event by defining the rules and conditions of participation in the Eventand rules of behaviour of persons present at Event and of their use of the venue where Event is taking place as well as the use of the facilities situated in the venue, and, furthermore, to regulate the rights and duties of the participants of Event related to the purchase of the entrance tickets to Event.
5. The terms used in the Terms and Conditions hereunder shall have the following meaning:
• ‘Ticket:’ an individual permit of admission to Event, which must be exchanged for an ID (Wristband) when entering Event Venue for the first time.
• ‘Wristband:’ a Wristband issued by Promoter at the entrance of Event Venue in exchange for Ticket; Wristband has the form of a wristband, the design of which is established by The Promoter, fixed permanently on the wrist; Wristband can be used by one person only, with restriction of the provisions point 18 and 19 of these terms and Conditions; damaging or tearing off of Wristband makes it invalid; transfer of Wristbands is forbidden. Each Event Participant exchanges the Ticket to Wristband in person, individually.
• "Areas": particular Areas of Event Venue: "Areas": particular Areas of Event Venue: (i) Event Area, (ii) Campsite, (iii) VIP Area, (iv) Catering Area, where the admission depends on the purchase of an appropriate kind of Ticket and, consequently, on being issued an appropriate Wristband;
• "Security Service" and "Information Service": the persons appointed by The Promoter, including the employees of a security agency, carrying ID badges, to ensure the safety of persons participating in Event as well as to control the rights of Participants to enter Event Venue. The Security Service and Information Service members possess ID badges placed where they are visible, containing: the name of the issuer, identification number and photograph, expiry date, the stamp and signature of the issuer. "Security Service" and "Information Service" work at the Event Venue zones, which are a mass event area.
• “Security Staff”: persons whose names appear on the list of qualified security guards or qualified technical security staff, performing tasks in the scope of protection for the benefit of an entrepreneur who has obtained a business license of personal and property protection services, whose services the Promoter uses. Security Staff work at the Event Venue zones, which are not a mass event area. To the extent permitted by law, the rights and tasks of Security Staff may be performed by persons performing security tasks, to the extent not requiring appearance on those lists, in favour of entrepreneur who obtained business license of personal and property protection services, whose services the Promoter uses.
• "Event Venue": a designated part of Gdynia - Kosakowo airport, where Event is taking place or any other place to which Event may be moved to for important reasons and which will be announced to the public before Event.
• ‘Event Participant:’ a person taking part in Event on the basis of Wristband issued in exchange for Ticket. A minor, who on the day of entering the Event Venue is 16 years old (a person born before 3.07.2005), can participate in the Event on her or his own. Event Participant may be also a minor, who on the day of of entering the Event Venue is under 16 years of age(a person born after 3.07.2005), under supervision of an adult person and on sole responsibility of an adult person who looks after the minor throughout the entire Event, after purchasing a ticket both for the adult and for the minor; purchase of the ticket is no necessary in case of a minor person who is under 3 years of age on the day of entering the Event (a person born after 3.07.2018). Carer’s of the children under 3 years of age and the minor over 16 years of age are obligated to present a valid document confirming the child’s/minor/s age at the entrance to the Event participant. If the persons mentioned herein will not present any valid documents, they will result in the need to purchase a Ticket for the child or refusal of admission without a carer.
II. SALE OF TICKETS:
6. Tickets are sold only in authorised points of sale and as well as on the www.altersklep.pl and www.eBilet.pl websites. Tickets may be sold solely at face value. The list of authorised points of sale is available on www.opener.pl website.
7. The resale of Tickets at auctions, as bidding, or in any other form of resale at a profit is forbidden. To publicly offer transferring the ownership of Tickets, including as prizes in any kind of competitions, sweepstakes, premiums or any other promotions is forbidden even if free of charge.
8. Promoter reports that under the article 133 of May 20, 1971 of the Code of Petty Offences: ‘Whoever purchases entrance tickets for artistic, entertainment or sports events with the aim of reselling them at a profit or whoever sells such tickets at a profit is subject to penalty of arrest, restriction of liberty or a fine. Attempting as well as aiding and abetting to do so are punishable.’
9. Wristband will be obtained solely in exchange for original Ticket purchased in accordance with the provisions of these Terms and Conditions. Ticket purchased with breaching the Terms and Conditions may be nullified by the Promoter. The Promoter warns that the purchase of Tickets from other parties puts the buyer at risk of buying a forged ticket, which will lead to the refusal to exchange Ticket for Wristband and of the admission of the ticket holder to Event. The Promoter informs that the original barcode on each and every Ticket entitles to the exchange of a Ticket to a Wristband only at the first time scanning. The Promoter warns that in case that a Ticket is made available (in any form) to the third party, such Ticket may be used by that person, which may result in the situation when the Ticket purchaser will be refused the exchange of a Ticket to Wristband and in effect the admission to the Event.
10. The persons with disabilities who want to participate in Event with their supporting person are obliged to purchase Ticket for each person individually.
11. Children who on the day of admission to the Event are not 3 years of age yet do not have to have a ticket for the Event. Children who on the day of Ticket to wristband exchange are 3 years old, but are not 13 years old yet, can use a 50% discount. The right to admission with no ticket or to the use of the 50% discount (3-13 years old) shall be proved by presenting a document confirming child’s age. In case that a document confirming child’s age cannot be presented a surcharge should be bought to a Ticket in amount equal to difference between the Ticket value and the Ticket with discount value according to the price list being in force on the day of purchase or purchase a Ticket.
III. ADMISSION TO EVENT VENUE AND AREAS:
12. The admission to Event Venue is granted to all who possess an identification document and Ticket which, at the first entrance into Event Venue, will be exchanged to Wristband. Each next admission to Event Venue is granted to Participants carrying an undamaged Wristband fixed permanently on their wrists. If Participant of Event is a minor up to 16 years of age, he/she can participate in Event only if supervised by an adult person who – legal guardian or a person authorised in writing by the legal guardian who on entering Event for the first time, will present the declaration of taking responsibility for the minor, according to the template provided by Promoter. An adult person may be a carrier of a maximum of 5 minor persons participating in the Event.
13. Irrespective of meeting the conditions stated above in point 12 above, in accordance with the Provisions of the act, Promoter is obliged to refuse admission to Event Venue to the following:
a) persons on whom the following ruling was made forbidding them an admission to mass events, or obliging them to refrain from staying in the areas where mass events are taking place, made by the court on a convicted person owing to conditional suspension of the execution of imprisonment or on a juvenile on the basis of article 6 point 2 of the act of October 26, 1982 Act on proceedings in cases of juveniles. This also applies to persons, against whom a national or international stadium ban has been issued, within the meaning of the Act,
b) persons who refuse to undergo the activities described in point 23 – a) -c) of the Terms and Conditions.
c) persons under the visible influence of alcohol, intoxicants, psychotropic drugs or any other agents with similar effect,
d) persons carrying weapons or other dangerous objects, explosives, pyrotechnic materials, flammables, alcoholic drinks, psychoactive agents or substances.
The decision whether or not the objects are dangerous rests upon:
- the Security Service – at the Event Venue, which is a mass event area, according to item 30 of the Terms and Conditions
- the Security Staff – in the rest of the Event Venue
e) persons acting violently, provocatively or in any other way, which might threaten safety and order.
The decision whether or not the objects are dangerous rests upon the Security Service.
14. The Promoter may refuse admission to the Event and the right to remain in Event Venue to the following:
a) persons without Wristbands,
b) persons wearing boots with metal endings,
c) persons whose appearance makes their identification impossible.
d) persons carrying plastic, glass or metal containers or cans, etc.
e) persons who do not have identification documents.
Promoter has planned deposits, paid 20 PLN per item. Deposit will be obligatory for persons, who will carry items considered in Terms and Conditions as prohibited.
15. Admission to specific Areas is granted to persons carrying an appropriate Wristband.
IV. ORDER AND ORGANIZATIONAL REGULATIONS BINDING IN EVENT VENUE
16. The Promoter ensures safety of the persons present at Event as well as the order in the course of Event, by, among others:
a) providing Security Service, Information Service and Security Staff with distinctive elements of clothing;
b) appointing a security manager, in charge of Security Service, Information Service and the management of their work;
c) providing medical assistance and sanitary facilities;
d) changing the place of Event, shall the need arise.
e) changing the event start day or time if necessary.
17. Event Participants and any other persons staying at Event Venue are obliged to comply with the orders of Security Service, including the security manager. The refusal to comply with these orders may result from the fact that they are in contradiction with the generally biding law.
18. Event Participants and any other persons staying at Event Venue are obliged to behave in a way which does not threaten safety of other persons taking part in Event and, in particular, to abide by the provisions of the Terms and Conditions. It is forbidden to damage signs and information boards, advertising media, devices and equipment located in Event Venue, etc. Participants are obliged to use sanitary facilities only for their intended purpose.
19. Event Participants as well as any other persons who are at Event Venue are obliged to wear valid Wristbands on their wrists. The lack of Wristband or the possession of a broken or damaged wristband or the one not fastened on the hand is tantamount to expel such person from Event Venue. In case of breaking or damaging the wristband (at event venue), Event Participant is obliged to report to the security manager at the Event Venue exit gate with the damaged wristband immediately to replace the damaged wristband with a new one. Only the Wristband damaged inside Event Venue, and not outside it, is subject to replacement. Leaving the Event Venue with damaged or removed Wristband without notifying the Security Manager is tantamount to quitting the Event with no re-admission.
20. If Participant notifies Promoter beforehand on the need to remove Wristband after leaving Event Venue on a given day and prior to re-entering Event Venue on the following day (e.g. due to the occupation performed by Participant), only the same Participant shall be entitled to re-enter Event Venue and to obtain a new Wristband upon returning the previous Wristband and having the Participant's identity verified by Promoter. Participant shall make the aforementioned notification in the information points, located in front of each entrance to Event Venue. The notification should be made before Participant enters Event Venue for the first time or, at the latest, prior to when Participant leaves Event Venue; in this case, Participant is obliged to produce a non-damaged Wristband on their wrist and an identification document. Participant shall collect the new Wristband in the point where the notification was made. The described procedure entails the Participant bearing the handling fee in the amount of PLN 5 per each wristband change. The above procedure shall not apply to wristbands removed by Participants without prior notice to Promoter.
21. It is forbidden to:
a) bring in and carry during the Event: cameras, camcorders and audio-video recording equipment ( with the exclusion of mobile phones), or to bring photographic equipment which might be used for professional reasons, e.g. cameras with interchangeable lens and/or zoom over 6x is forbidden. Tripods and the so-called "selfie sticks" are not allowed and photos must be taken for personal use only. Taking photos should not obstruct the view of other audience members.
b) to bring dogs and other animals into Event Venue. The prohibition does not concern guide dogs.
c) bring in drinks and food, excluding persons whose health condition requires specific diet confirmed with medical certificate.
d) bring in and carry, as well as use over the Event Venue or in close contact to the Event Venue unmanned air ships, drones or any other objects floating in the air.
e) bring in, as well as use in Event Venue skateboards, longboards, single-track vehicles and roller skates
22. a) The Promoter under the Mass Events Safety Act and in the scope specified by this Act and the executive regulations is entitled to record the proceedings of Event,, in particular, persons' conduct, by means of sound/image recording devices, within the scope defined by Act and executor provisions. The materials obtained by the recording of the proceedings of Event may be used as evidence to initiate criminal proceedings or proceedings in cases of offences, or as evidence significant for such proceedings being in progress will be handed over by the Promoter to the district prosecutor appropriate for Event Venue or the Police. The materials obtained by the recording of the proceedings of Event which do not contain anything which may be used as evidence to initiate criminal proceedings or proceedings in cases of offences, or as evidence significant for such proceedings being in progress are stored for at least one month after the end of Event and then they are destroyed in front of the commission.
b) In order to ensure the safety of persons and property in zones that do not constitute Event Area, and to the extent justifying the accomplishment of this objective, Promoter is entitled to record the course of the Event in zones that do not constitute Event Area, and in particular the behavior of people with the use of devices recording images and sound.
c) In the cases specified in point a) and b) above, the personal data administrator is ALTER ART FESTIVAL SP. Z O.O., with headquarters in Warsaw, at Kazimierzowska 14 street. In the case specified in:
- point a) above, the personal data are processed to ensure the safety of mass events. The legal basis for the processing of personal data is Promoter’s obligations and rights under the Mass Events Safety Act, including the obligation to secure a mass event and the right to record the mass event. The personal data subject to processing is the image of a mass event participant. Without prejudice to point (a), the administrator may process the indicated personal data for so long as it is necessary to achieve the purposes for which the data were collected, unless there is a technical, legal or other important justification for the removal, destruction or anonymisation of these data .
- point b) above, personal data are processed in order to ensure the safety of persons and property in zones that do not constitute a mass event area. The legal basis for the processing of personal data is the legitimate interest pursued by the administrator, which is to ensure the safety of persons and property in zones that do not constitute a mass event area. The personal data subject to processing is the image of a mass event participant. The administrator may process indicated personal data for as long as it is necessary to achieve the purposes for which the data was collected, unless there is a technical, legal or other important reason justifying the removal, destruction or anonymization of these data.
d) In the cases specified in item 22., person whose data concerns, has the right to request the administrator to access his personal data, rectify them, delete or limit the processing and has the right to transfer data, as well as the right to file a complaint to the supervisory authority .
23. Security and Information Service, carrying ID badges placed where they are visible, are entitled, under the provisions of Act, to:
a) verify whether persons have the right to participate in Event, and in case of finding that they do not - call them on to leave Event,
b) check the identification documents of Participants in order to establish their identity,
c) inspect the contents of persons’ bags and clothes in case of suspicion that these persons bring in or carry objects described in points 13 d), 14 d) or point 21 of the Terms and Conditions,
d) give safety orders to persons disturbing the peace or acting against the Terms and Conditions of mass events, and in case their orders are not carried out - call them on to leave Event;
e) in cases defined in article 11, point 1 and 2 of the Act of 24 May, 2013 on the means of physical coercion and firearms ( Journal of Laws, item 628), coercive means defined in article 12, paragraph 1, point 1, letter a and b, point 2, letter a and point 12, letter a in this Act;
f) apprehend persons directly threatening the life and health of other persons as well as the protected property, in order to hand them over to the Police immediately.
Members of Security Staff are entitled to all rights under the Protection of Persons and Property Act, including the right to:
a) determine the right to stay at the Event Venue and verify people in order to establish their identity;
b) call persons for leave the Event Venue in case of finding that they are not allowed to be at the Event Venue or that they disturb the order;
c) catch within the Event Venue or outside its borders persons who obviously pose a direct threat to human life or health, as well as protected property, in order to promptly hand over these persons to the Police;
d) use of coercive means within the limits of the provisions of the Protection of Persons and Property Act and the provisions of the Act of 24 May 2013 on means of physical coercion and firearms (Journal of Laws 2013, item 628)
24. Security Service and Information Service are obliged to expel from Event Venue all persons whose behaviour disturbs public order or violates Terms and Conditions.
25. Depending on potential risk and needs, Security Service and Information Service members can be equipped with, among others:
a. handheld metal detectors,
b. specimens of tickets, wristbands and invitations,
c. other necessary and legally permitted means of personal protection.
26. A member of Security or Information Service verifies if a person is entitled to participate in Event by:
a. verifying whether the person has a valid Ticket and, after its exchange, a Wristband,
b. comparing the presented document with the specimen.
27. In case any objects which it is forbidden to bring in and possess at Event are found in the inspected bags or clothes, a member of Security Service may refuse the person in whose belongings such objects have been found the admission to Event or expels the person from the area in which the Event is taking place. To the extent permitted by the Protection of Persons and Property Act the same entitlements are available to the Security Staff members.
28. In case any weapons or other dangerous objects, alcohol, explosives, pyrotechnic materials, flammable materials, intoxicants and psychotropic drugs are found in the inspected bags or clothes, a member of Security Service apprehends the person in whose belongings such objects have been found and after confiscating these objects, writes a protocol of this action and then hands the person over to the Police along with the confiscated objects.
29. It is forbidden to perform any commercial or other economic activity without the Promoter’s authorisation, as well as to perform any promotional or advertising activity in the Event Venue without the Promoter’s authorisation.
30. The Promoter establishes the following areas of Event Venue:
- Technical and social base,
- Event Area,
- VIP area,
- Main entrance sets,
- Points of permanent duty of security services,
- Catering areas i.e. separate and closed catering and commercial Areas where alcohol is sold, that are excluded from the area of the mass event and only in these Areas the alcohol bought there may be consumed.
31. Promoter provides fire safety by ensuring that:
a) service staff, Security and Information Service and Promoter know the location of basic firefighting equipment and fire hydrants as well as rule of conduct in case of fire;
b) Security and Information Service must be trained in: rules of conducting evacuation, methods of alerting Fire Brigade, rules of the use of basic firefighting equipment and first-aid
32. In the course of Event, the Promoter and Event Participants, as well as any other persons staying in its venue are obliged to abide by the provisions of Education in Sobriety and Alcoholism Prevention Act. Alcohol that is sold or served in catering zones and in the VIP area can only be consumed in these zones.
V. RIGHTS AND DUTIES OF EVENT PARTICIPANTS:
33. Promoter reports that due to a considerable number of Participants, the necessity to exchange Tickets for Wristbands and the necessary control and safety means used at the entrance to the Event, Participants are obliged to arrive at the Venue in an appropriate, no less than 2-hour advance.
34. Promoter reports that Event Participants, as well as any other persons staying at Event Venue, will be continuously exposed to loud sound, which may cause hearing damage. During Event, stroboscopic lights will be used.
35. The Promoter also records the proceedings of Event for documentation purposes as well as promotion and advertising of Event and events in the following years, the Promoter and sponsors.
36. Any complaints may be submitted to the following correspondence address of The Promoter, within 21 days from the closing date of Event:
ALTER ART FESTIVAL SP. Z O.O.
ul. Kazimierzowska 14, 02-589 Warszawa.
37. The complaint needs to include the name, surname and mailing address of a person filing a complaint, as well as reason of a complaint and the content of the claims.
38. The Promoter recognizes the complaints filled according to the point 36 and 37 here above and responses within 21 days since the day the complaint was delivered to the Promoter.
39. Exhausting the complaint is voluntary and is not the condition of submitting claims.
40. The administrator of personal data is ALTER ART FESTIVAL SP. Z O.O. with headquarters in Warsaw, Kazimierzowska 14. Personal data are processed in order to resolve complaints. Providing personal data is voluntary, but necessary to receive a response to the complaint. The legal basis for the processing of personal data is their necessity to achieve the objectives resulting from legally justified interests pursued by the administrator, subject to consideration of complaints. The Administrator may process the personal data of the Participants as long as it is necessary to achieve the purposes for which the data was collected, unless there is a technical, legal or other important reason justifying the removal, destruction or anonymization of these data.
41. A person who the data regard has the right to request the administrator to access his personal data, rectify them, delete or limit processing, the right to object to the processing and the right to transfer data, as well as the right to file a complaint to the supervisory body.
VII. PENAL PROVISIONS UNDER THE ACT:
42. Whoever does not carry out the safety orders issued under the provisions of Act or by the Security or Information Service, is subject to punishment of arrest, restriction of liberty or a fine.
43. Whoever brings in or carries weapons, other dangerous objects, explosives, pyrotechnic products or materials likely to start a fire at Event is subject to punishment of arrest or restriction of liberty.
VIII. FINAL PROVISIONS:
44. All rights to the name and logo of Event are reserved for the Promoter. Official programmes and Event-related merchandise will be sold exclusively at Event Venue or in the points of sale authorised by the Promoter.
45. The status of the sponsor of Event is granted exclusively by the Promoter.
46. The Terms and Conditions are available:
• at the festival website, i.e. www.opener.pl
• at the information points at Event Venue;
• in the box offices at Event Venue;
• at the entrances to the Mass Event Zone.
47. Any correspondence to the Promoter must be sent to the address specified in point 36, in writing.
48. Security and Information Service may issue their own safety and fire instructions in accordance with the provisions of the law in force.
49. In the matters not defined by Terms and Conditions, the provisions of The Mass Events Safety Act, and in the scope of Security Staff – provisions of the Act of 22 August 1997 on Protection of Persons and Property shall apply.
50. The Terms and Conditions come into force on May 11th, 2020.
51. The promoter has the right to change these Regulations, in particular due to the need to ensure the proper course of the Event and the safety of the Participants. Promoter informs of the changes in the Terms and Conditions on the festival website, that is www.opener.pl.
Warsaw, May 11th, 2020.