ARTICLE 1: DEFINITION
. These general terms and conditions, which apply to every legal relationship between a Visitor and The Organizer about the visiting and participating of the Festival with a ticket, the purchase of a Ticket, and the related purchase of a product and/or service;
. “Visitor”: The visitor of the Festival, or the person who buys a product and/or service ( related to the Otium Festival, according to the meaning of the provisions of these General Terms and Conditions.
The Visitor is always a consumer who is not acting in the course of a profession or running a business, or on behalf of these.
. “Organizer”: The company Organising Otium Festival, that is a user of these General Terms and
Conditions about the Visitor for whom this company is responsible in every respect and the contracting party of the Visitor.
. “Tickets”: Means all admission Tickets, Accommodation Tickets, Transportation Tickets, Packages Tickets, Activities Tickets, and Food Tickets.
. “The Festival” : OtiumFestival 2023
ARTICLE 2: ACCESSIBILITY AND APPLICATION OF THESE GENERAL TERMS AND CONDITIONS
2.1 The General Terms and Conditions are applicable if the visitor attends The Festival with a Ticket, purchases a Ticket, and/or a related product or service from the Official Tickets Platforms. The terms and conditions are declared applicable before the Visitor purchases a Ticket and/or product or service.
By purchasing a Ticket, by visiting the Festival with a Ticket, and/or by buying a product and/or service, the Visitor accepts these General Terms and Conditions.
2.2 The Otium Festival Organizer can be reached via email at: Help@Otiumfestival.com
2.3 For all tickets Inquiries, Please contact us via email at : tickets@Otiumfestival.com
2.4 The Organizer refers to the general terms and conditions on the ticket of the Festival. The Visitor can also access the General Terms and Conditions at the moment of entering the Festival, as these General Terms and Conditions – or at least an excerpt thereof – will be made available at the entrance of the Festival.
2.5 During the purchase of tickets, products, and/or services and/or, the Visitor can access the General Terms and Conditions before he proceeds to purchase his tickets.
2.6 These General Terms and Conditions solely apply to private persons and specifically exclude parties acting in their capacity as professional contracting parties about the Organizer. The legal relationship between the Organizer and a professional contracting party is subject to alternative terms and conditions.
2.7 The Organizer reserves the right to re-postpone and changes the dates of the Festival if any situation makes it impossible to organize the Festival on the scheduled and/or rescheduled dates.
ARTICLE 3: AMENDMENT OR ADDITIONAL TERMS AND CONDITIONS
3.1 The Organizer is at all times entitled to amend or complement the General Terms and Conditions.
The amended version will in that case be published on the Website and Official ticket sales platforms.
As of the date of publication, the amended terms and conditions will be applicable. If an amendment or addition significantly affects the rights or obligations of the Visitor, the Organizer will either notify the Visitor of the amended terms and conditions by way of email or by clearly bringing it to the Visitor’s attention during the visit to the Festival and/or the Website.
3.2 If the Visitor visits the Festival and/or purchases a Ticket or products and/or services after the amendment of or addition to the General Terms and Conditions, the Visitor thereby irrevocably accepts the amended or complemented General Terms and Conditions.
ARTICLE 4: FESTIVAL TICKETS
4.1 The Festival ticket must and can only be purchased from and/or redeemed by our official platform and Local Official ambassadors.
4.3 No access is permitted to non-ticket holders if they don't have purchased a spot in one of our accommodation options or festival tickets. Visitors without one of our official accommodations or tickets will not be allowed to enter the Festival.
4.4 All tickets, including Festival admission. Accommodations must be purchased prior to the Festival dates from our official platforms; No tickets will be available at the Festival venue.
4.5 All Tickets purchased from any other platforms and/or third-party resellers are not valid and will not be accepted by the Organizer
4.6 Festival tickets are strictly personal and must be registered with a valid name and surname upon purchase. Please make sure to fill in the correct information while purchasing your tickets, as oversights and errors cannot be rectified.
4.7 Once the Visitor has purchased your ticket, he/she will receive an electronic ticket by email. Lost, damaged, destroyed or undelivered tickets are still valid in our system.
4.8 All tickets are strictly personal. Tickets cannot be transferred, re-sold, refunded, or re-issued. If this ticket is re-sold or transferred for profit, non-profit or commercial gain by anyone other than the Organizer or one of its authorized sub-agents, it will become void and the holder may be refused entry or removed from the site.
4.9 Sold Tickets are sold subject to the Organizer’s right to alter or vary the performances and/or the Festival without being obliged to refund or exchange tickets.
4.10 - In case a Visitor does not attend on the date of the Festival, the right to do the Activity expires without any rights to claims, reimbursement, interest, or any penalty in favor of the Visitor, to the detriment of the Organizer.
4.11 - People under the age of 18 will simply be refused entry to the Festival unless explicitly otherwise determined by the Organizer. the Organizer will not be obliged to refund the amount of the Ticket.
ARTICLE 5: FESTIVAL WRISTBAND
5.1 - On arrival at the Festival site, the ticket must be presented (Print or Digital) as well as a valid ID to verify your identity, to receive the Official wristband, and have access to the festival, Transport, shuttle services, and accommodations.
5.2 The wristbands are strictly personal and will only be supplied once and give access to only one Visitor.
5.3 As of the time that the wristband has been provided to the Visitor, the Visitor bears the risk of any loss, theft, damage, or misuse of the wristband.
Official wristbands are to be worn at all times. Visitors without wristbands will be escorted off-site.
ARTICLE 6: PROHIBITION AGAINST RESALE
6.1 Tickets for the Festival may not in any way be resold or transferred to a third party by the Visitor in the context of commercial purposes.
6.2 Access to the Festival will be refused for a Visitor holding a ticket purchased from an unauthorized or third-party source. The Organizer cannot be held liable nor can any damages be claimed to result from the sale or purchase of a Ticket (including the validity of a ticket) for the Festival via any sales channel other than the Official Platforms.
6.3 Should the Visitor not comply with the provisions of these General Terms and Conditions, the Organizer is entitled to invalidate/cancel the Tickets or refuse the Visitor (further) access to the Festival without the Visitor being entitled to reimbursement of the amount that he has paid the Organizer, directly or via an advance sales address, for the Ticket (including service fees). The holders of any such Tickets will be denied entry to the Festival, without any right to compensation.
ARTICLE 7: PROHIBITED ITEMS
7.1 At the risk of confiscation, a Visitor may not bring, either for himself or another person – or have in his possession – at the Festival venue, any professional photography-, film-, drone-, sound- and/or other recording equipment of any nature, glassware, plastic bottles, (alcoholic) beverages, selfie sticks that if extended are longer than 1.5 meters and/or constructions that are not intended for that
purpose, food, illicit drugs, nitrous oxide (cartridges), cans, fireworks, animals, weapons, and/or dangerous objects (including – but not limited to – spray cans or CS gas) or use such items before or during the Festival. The venue of the Festival may apply other and/or additional policies which apply to this article and the Festival, which in that case also applies to the Festival. Confiscated items will not be returned.
7.2 Any Visitor who breaches this prohibition may moreover be refused entry or further access without any right to a refund of the amount of the ticket or may be removed from the Festival and/or handed over to the authorities. The Organizer has the right to destroy the confiscated items.
ARTICLE 8: REFUSAL OF ENTRY
The Organizer reserves the right to refuse specific people entry or further access to the Festival or to remove them from the Festival and/or hand the Visitor over to the police if it deems this necessary for maintaining order and safety during the Festival and/or there is a violation of an article from these General Terms and Conditions.
This also applies if a Visitor wears or carries clothing, texts, or signs which, in the opinion of the Organizer may be offensive, discriminating, insulting to, or cause aggression or unrest among other Visitors and Locals of the regions, or does not comply with the dress code as specified by the Organizer, as well as to public nudity during the Festival (including but not limited to, for instance, exposing the upper part of the body).
Even if a Ticket is likely to be counterfeit, the Organizer is entitled to refuse to admit the holder of this Ticket to the Festival without the Visitor or this holder being able to claim any compensation for any loss that this may cause him or restitution of the amount of the Ticket.
ARTICLE 9: PHOTOGRAPHY, VIDEO, AND SOUND RECORDINGS
9.1 Recording the Festival in a professional and/or commercial form, including photographing, filming (including drones), making sound and/or image recordings, as well as reprinting and/or copying from the program booklet, posters, and other printed materials is not permitted without the express, prior and written consent of the Organizer.
9.2 In the Festival registrations have been made part of the Festival by you using non-professional recording equipment (such as a smartphone), these registrations are strictly for their use and may not be used and/or made available to the public commercially in any way.
9.3 Ticket holders consent to their inclusion in official newsletters or other communication, photographic, visual, and audio recordings of the Festival as members of the audience.
9.4 Drones are banned over the Festival Site without prior permission from the Moroccan authorities.
Offenders will face action and fines as well as confiscation of equipment.
ARTICLE 10: SECURITY AND SAFETY MEASURES
10.1 All Visitors and Participants must acknowledge and agree that Admission to the Festival Site is at their own risk. All rights for entry into the Festival Site are reserved by OtiumFestival.
10.2 All Visitors must understand and acknowledge the land in which the Festival is organized is a natural place where both known and unknown, natural and manmade obstructions, hazards, and threats may occur, which may result in loss or damage to your property or personal injury. Being aware of all the situations, if a visitor chooses to attend the Festival, he/she agrees that they do so at their own risk, waiving and foregoing all rights to make claims against the Organizer for any loss or
injury the visitor may suffer in the Festival.
10.3 All Visitors and Participants understand and acknowledge the risks involved in Admission to the Festival Site. All the associate agencies including the Organizer, Hotels, Travel agencies, and Transportation agencies will not be held responsible for loss, injuries, theft, or damage to property or persons whilst in attendance of this Festival.
10.4 To assure the security of the individuals on the Festival Site and avoid any form of a difficult situation; The Organizer is entitled to randomly search or arrange for Visitors at the Festival to be searched before entering the Festival. If the Visitor refuses to be searched, he may be refused entry to the Festival or may be immediately removed from the Festival site, without any right to a refund of the amount of the Ticket.
10.5 Cameras may be available that make recordings of the area/the venue where the Festival takes place, for surveillance and safety purposes.
10.6 Any individual failing to comply with instructions from the security personnel present on the Festival Site may be removed from the Festival Site.
ARTICLE 11: MEDICAL CARE
11.1 In an event of any injury during the Festival, the Visitor hereby consents to medical care and transportation at your cost to avail treatment as the Festival staff, security, police, or medical professionals may consider appropriate at their reasonable disposition.
11.2 The Visitor fully acknowledges this waiver extends to any liability that emerges out or is in any manner connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
11.3 The Visitor agrees to indemnify the Organizer from any liability arising out of, or in connection with, the actions or omissions of the Organizer related to your medical care.
11.4 The Visitor understands and acknowledges that there may be risks of physical injury or illness while attending the Festival that cannot be eliminated. You voluntarily agree to undertake all the risks involved including the chances of death, bodily injury, or property damage, regardless of the seriousness, that may occur as a result of attending the Festival.
11.5 By entering the Festival Site, the risks involved are solely on the individual, regardless of the cause of negligence or gross negligence of the Organizer.
ARTICLE 12: CARS AND VEHICLES
12.1 Parking of vehicles is entirely at your risk. Only Visitors with a valid Festival ticket will be entitled to Car Parking.
12.2 All car parking will be allotted on arrival and shall not be pre-designated, it shall be assigned on arrival at our discretion. Vehicles left beyond the Festival perimeter will be removed or disposed of from the site if left unattended. The Organizer will ensure all reasonable efforts will be made to locate the owner and remove the vehicle before any such situation arises.
12.3 In the procedure of removal and disposal of vehicles, the Organizer is not liable for the costs incurred. Any affiliate costs for vehicles left beyond the given deadline to facilitate collection shall be passed on to the legal owners of the vehicle.
12.4 Only Official RV and Shuttle vehicles shall be allowed in the festival area and only available for Visitors who purchased the service
12.5 No cars or vehicles shall be allowed in the Festival area, all vehicles found inside this restricted area will be removed or disposed of from the site and may lead to the removal of the owner from the Festival venue without any refund of the admission fee.
ARTICLE 13: FESTIVAL RULES:
13.1 It is forbidden to block entrances, exits, and evacuation routes and/or to linger at these locations any longer than strictly necessary for entering or exiting the Festival Site.
13.2 The possession, trade, and consumption of illegal substances are strictly prohibited at the festival site, camps, hotels, and official transportation.
13.3 Spoil, mark, damage, tear down or otherwise destroy, in whole or in part, any of the decorations or part of the Festival Site.
13.4 Official merchandise, food, drink, and general provisions will be available from authorized identified vendors within the Festival Site.
13.5 No trading, in any form whatsoever, shall be undertaken without the prior written consent of the Organizer. Any offenders will have their property confiscated and will be removed from the Festival Site.
13.6 Climbing on stages, barriers, gates, scaffolding, and/or any other structure is not allowed. The breach of any of these conditions may lead to the removal from the Festival venue without any refund of the admission fee.
13.7 No Personal or free camping is allowed inside the Festival Site or official hotel, in cars, or otherwise in the car park.
13.8 The Festival may include specific venue rules, which are made known upon entry of the Festival, as stated on the Website. These latter rules are in the Festival of deviating rules prevailing to the rules as stated in these General Terms and Conditions.
13.9 The Organizer may lay down further practical rules in the ‘Campsite Rules’ that will be put up or distributed, about:
– Permitted food and drinks – Following the instructions of the government - Security, and service employees - Other relevant instructions to public nuisance and similar matters.
ARTICLE 14: FURTHER FESTIVAL RULES
14.1 All Visitors are obliged to comply with the regulations, internal rules, any amendments thereof, and the instructions of the Organizer, the transportation and accommodation team, the hotel’s staff, the operators of the parking space, the operators of the Festival venue, the security staff, fire brigade, police, and other authorized parties. Security cameras may be present at the Festival venue.
14.2 If the Visitor fails to comply with an order or breaches a rule prohibiting certain behavior, he will be immediately removed by the security staff.
14.3 Specific rules may apply to the venue of the festival and will be announced or published on-site. If possible, these rules will also be published in advance on the Website.
Article 15: INTELLECTUAL PROPERTY
The Service contains intellectual property owned by the Organizer, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the
Otium Festival designs, text, graphics, other files, and the selection and arrangement thereof, also referred to as the “look and feel”. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Service
Intellectual property, in whole or in part without our prior written consent, including all text, graphics, code, software, video, audio, or other content.
ARTICLE 16: DISCLAIMERS AND LIMITATIONS OF LIABILITY
16.1 The Visitor enters the Festival venue, which may include any car park and/or camping site(s) and 4x4 shuttle buses that are used to transport visitors to the Festival’s entry point, and attends the Festival at his own risk. The Organizer cannot be held liable for any damage which the Visitor has suffered in this regard.
16.2 The Visitor is expressly aware that loud music will be played during the Festival. The Organizer advises Visitors to occasionally give their hearing a rest during the Festival by going to an area where no music is being played and to wear ear protection at all times. The Organizer accepts no liability for hearing loss, damage to sight, blindness, and/or other bodily injury and/or damage of goods, such as
but not limited to clothing, whether or not brought by other visitors to the Festival.
16.3 The information and service on our site are provided on an “as is,” “as available” basis. The visitor agrees that attending and participating in the festival is at its own sole risk.
The information and service on our website are subject to change and should not necessarily be relied upon. The Organizer does not guarantee the accuracy or completeness of any of the information and service provided and is not responsible for any loss resulting from your reliance on such information and service.
16.4 Under no circumstances will The Organizer or/and its affiliates be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the use of our service, your site use, or the site content, even if advised of the possibility of such damages.
16.5 The Organizer will aim for the festival program to be carried out by the announced schedule as far as possible. It is however not liable for deviations from this schedule and any resultant damage to Visitors and/or third parties.
The Organizer is not liable for the content of the Festival program or how it is performed, expressly
including the length of the program/performances.
16.6 Additionally, the Organizer is not liable for damages in connection with
(a) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure;
(b) loss of revenue, anticipated profits, business, savings, goodwill, or data; and
(c) third-party theft of, destruction, of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose, and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
ARTICLE 17: INDEMNIFICATION
17.1 Visitor shall indemnify and hold us harmless from and against any losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by the Visitor of any of these Terms, or participation in the Festival. The Visitor shall provide the Organizer with such assistance,
without charges, as the Organizer may request in connection with any such defense, including,
without limitation, providing us with such information, documents, records, and reasonable access to the Visitor, as the Organizer redeems necessary.
17.2 The Visitor shall not settle any third-party claim or waive any defense without our prior written consent of the Organizer
ARTICLE 18: FORCE MAJEURE
18.1 In case of force majeure in the broadest sense, that may result directly or indirectly from any
cause or circumstance beyond Organizer’s reasonable control; These causes may include, but are not limited to, the illness and/or withdrawal of the artist(s) and/or the Organizer’s team, faults in equipment or lines of electronic or mechanical communication, telephone or other problems of interconnection, computer viruses, unauthorized access, theft, errors of the operator of public telecommunications services, severe weather, earthquakes, natural disasters, or other natural causes
that make the performance of the activity impossible, diseases, strikes, global crises, epidemics, pandemics, or other labor problems, political problems, wars, or government restrictions, etc... the
The organizer will be entitled to postpone the Festival to another date or location of the Festival until further notice.
18.2 The Organizer will not be responsible for any loss, delay, or failure before the Visitor and any other participant, while those are already traveling, or while the Organizer performs any activity; or for damages arising from making changes or postponing the Festival. This also applies in case the Organizer needs to cancel the Visitor's Activity in advance, as well as on the day of the Activity or while performing the activity.
18.3 The Organizer reserves the right to re-postpone and changes the dates of the Festival if any situation makes it impossible to organize the Festival on the scheduled and/or rescheduled dates.
18.4 The Visitor is unable to claim any refund from the Organizer or any other third party involved and contracted by the Organizer. And this is from the moment the Visitor completed the booking online until the end of the Visitor's journey.
ARTICLE 19: Governing Law; Venue; Arbitration
19.1 This Agreement shall be construed following, and governed by, the laws of Morocco as applied to contracts that are executed and performed entirely in, the exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Morocco.
19.2 Any dispute between the Visitor and the Organizer, excluding any intellectual property right infringement claims we pursue against the Visitor, shall be settled solely by confidential binding arbitration per the commercial arbitration rules.
19.3 All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Morocco. Each party shall bear one-half of the arbitration fees and costs incurred, and each party is responsible for its lawyer fees.
ARTICLE 20: SEVERABILITY
If any term, provision, covenant, or condition of these Terms is held by any arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ARTICLE 21: ASSIGNMENT
The Visitor acknowledges and agrees that the Organizer may assign its contractual position or any of its rights or obligations or sell its assets to any third party without the need to inform the Visitor and obtain her/his prior and express consent.
ARTICLE 22: EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ARTICLE 23: ENTIRE AGREEMENT WAIVER
These Terms constitute the entire agreement between you and Organizer pertaining to the Festival and supersede all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Organizer shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Organizer.
ARTICLE 24: NOTICES AND REQUESTS
All notices, requests, demands, and other communications under this Agreement shall be written and properly addressed as follows:
Email: help@Otiumfestival.com - tickets@Otiumfestival.com