GENERAL TERMS AND CONDITIONS
Chapter 1 – General
Article 1 – Definitions
- “General Terms and Conditions”: these General Terms and Conditions, which apply to any legal relationship between a Visitor and an Organiser in connection with the purchase of a ticket and attendance at the Festival with a ticket or invitation from the Organiser;
- “Festival”: each day of the event “SOFIA LIGHTS” organized and held by the Organizer, in the park “Vrana”, Sofia.
- “Visitor”: any natural person attending the Festival with a ticket purchased or with an invitation from the Organiser
- “Organiser”: “Urban Art Foundation” with Bulstat 176270775 and “Empatia Bulgaria” OOD with Bulstat 200797726
- “Third Party(ies)”: any party that provides a product or service related to the Festival without being the Organiser;
- “Agreement”: the agreement between the Organiser and the Visitor concerning the provision of services in connection with the Festival, in particular the provision of the right of access to the Festival. The Agreement and the General Terms and Conditions constitute an indivisible whole;
- “Ticket”: an admission ticket which entitles the Visitor to visit the Festival in the form of a physical and/or digital document, ticket, QR code or barcode provided to the Visitor upon payment of an admission fee;
- “Invitation” – an electronic or physical document that grants the right of access to the Festival without payment of an entrance fee and which is provided by the Organiser to a limited number of persons.
-Website: the official website of the Organiser on which the Visitor can find information about the Festival and/or the website, an online ticketing platform with which the Organiser has a contract and from which the Visitor can purchase Tickets.
- “force majeure”: Any event which is beyond the control of the Organiser or which is due to no fault of the Organiser, including illness and/or cancellation of the event by the Artists and/or the Organiser (for reasons beyond the control of the Organiser) and/or the managers of the Festival Venue and/or the Competent Authority, bad weather conditions, epidemics and/or pandemics and/or outbreaks of (infectious) diseases, strikes, fire, collapse, government-imposed regulations (e.g. in connection with epidemics), military conditions, terrorist threats, terrorist attacks, etc. etc. events of an extraordinary nature which are unforeseeable or unpreventable;
Article 2 – Application and Familiarisation with these Terms and Conditions
2.1 These Terms and Conditions apply if the Visitor purchases a Ticket through the Website and/or if the Visitor visits the Festival using a Ticket. The Terms and Conditions are declared applicable before the Visitor purchases a Ticket. The General Terms and Conditions also apply if the Ticket has been obtained by any other means through third parties or if the Visitor has received an invitation from the Organiser or a third party.
2.2 When purchasing a Ticket via the Website, the Visitor has the opportunity to read the Organiser’s General Terms and Conditions.
2.3 These Terms and Conditions apply solely to individuals and do not apply to individuals in their capacity as professional partners of the Organiser.
Article 3 – Amendments and/or additions to the General Terms and Conditions
3.1 The Organiser may amend or supplement the General Terms and Conditions at any time. The amended version will then be published on the website. The amended General Terms and Conditions will apply from the date of their publication on the Website.
3.2 If the Visitor visits the Festival and/or purchases a Ticket via the Website after the amended or supplemented Terms and Conditions, the Visitor irrevocably accepts the amended or supplemented Terms and Conditions. If the Visitor does not wish to accept the amended or supplemented Terms and Conditions, the Visitor must immediately cease using and/or visiting the Website and/or the Festival(s) or purchasing Tickets.
Chapter 2 – Access to the Festival
Article 4 – The Ticket
4.1 Access to the Festival is only granted upon presentation of a valid ticket at the Festival entrance. Persons wishing to enter may be asked to show a valid ID to determine their age, if necessary. Persons asked to show ID are required to do so.
4.2 If it is determined by the Organiser and/or persons working on behalf of the Organiser and/or Third Parties working on behalf of the Organiser that a Visitor has purchased a Ticket which does not correspond to that Visitor’s age, that Visitor’s admission to the Festival may be refused without the Organiser being obliged to refund the Ticket and without any compensation being payable.
4.3 If the Visitor leaves the Festival grounds, the Ticket shall automatically expire.
4.4 Tickets are and remain the property of the Organiser. The Ticket entitles its holder to visit the Festival. Only the Ticket Holder who first presents the Ticket at the start of the Festival will have access to the Festival. The Organiser may assume that the holder of this Ticket is entitled to do so. The Organiser is not obliged to make any further checks in respect of valid Tickets. The Visitor must ensure that he/she becomes and remains the (sole) holder of the Ticket issued by the Organiser or from a (pre)sale address engaged by the Organiser.
4.5 Therefore, from the moment the Ticket is made available to the Visitor, the Visitor bears the risk of loss, theft, damage or misuse of the Ticket without the Organiser being obliged to refund the Ticket. The ticket is issued once and entitles access to one person unless otherwise stated on the ticket and/or on the website.
4.6 The Organiser reserves the right to set a maximum number of Tickets that may be ordered, in which case the Visitor must adhere to the maximum number set by the Organiser.
4.7 Only purchase from addresses previously advertised for sale by the Organiser guarantees the validity of the Ticket. The burden of proof in this respect shall lie with the Visitor.
4.8 A Ticket may only be purchased for a specific date of the Festival. It is the Visitor’s risk to ensure that the Ticket is purchased for a date on which they can attend the Festival. If the Visitor is prevented from attending the Festival on the relevant date for which the Ticket has been purchased, the Visitor shall not be entitled to a refund of the Ticket price, nor to a right to exchange the Ticket for another date, nor to compensation in one way or another.
Article 5 – Searches and camera surveillance
5.1 The Organiser may search or have a third party search Festival Visitors and their luggage before entry and/or during the Festival. Any Visitor who fails to comply may be refused entry to the Festival or removed immediately without refund and/or compensation in any other manner.
5.2 There may be cameras in the area where the Festival takes place which make recordings in connection with surveillance and security. By purchasing the Ticket and/or entering the Festival, the Visitor expressly agrees to this.
Article 6 – Prohibited Items and Conduct
6.1 The use of drones during the Festival is prohibited unless express permission has been obtained from the Organiser. If actions are taken in violation of this article, the Organizer may temporarily confiscate the drone equipment, after which the owner of the drone equipment may retrieve the confiscated drone equipment after visiting the Festival site, possibly upon presentation of a valid ID.
6.2 It is prohibited to bring alcoholic beverages, drugs, food, drinks, mineral water in bottles larger than 500ml, fireworks, flammable materials, weapons and/or dangerous objects for oneself and/or for another – and/or to possess them – on the Festival site and/or to use them before and/or during the Festival, at the risk of confiscation. The territory where the Festival is held may have different and/or additional rules that apply to this Article and to the Festival, which in such case shall also apply within the Festival. Visitors are informed that the Festival is organised in a protected area with the status of a nature reserve and is a museum of garden and park art and a cultural property and, accordingly, should comply with applicable legislation and restrictions in relation thereto when visiting the Festival.
6.3 A Visitor who contravenes the prohibitions, restrictions, requirements or obligations of Article 6 may be refused entry or may be removed from the Festival and/or handed over to the police, in each case the Visitor shall forfeit the right to a refund of the ticket price and shall not be entitled to claim compensation.
6.4 The Visitor shall comply with the safety rules and instructions of the Organiser and/or the Organiser’s employees and/or Third Parties working on behalf of the Organiser, security, police, fire fighers, stewards and other authorised persons. In this regard, the Visitor shall only enter the areas permitted to visitors during the Festival as demarcated by the Organiser or the Festival Venue.
6.5 The Visitor shall not insult and/or behave aggressively with Visitors and/or Third Parties and/or the Organiser and/or persons working on behalf of the Organiser during the Festival. Such Visitors may be refused entry to the Festival by persons working on behalf of the Organiser at the entrance, and may be removed from the Festival if they have already been admitted to the Festival grounds. The Organiser shall not be liable to refund the tickets of Visitors who have been refused entry or removed for one of the reasons listed above.
6.6 Visitors who are under the influence of alcohol and/or drugs will not be admitted to the Festival grounds. The Organiser will not be liable to refund tickets or otherwise compensate Visitors who are refused entry or excluded for one of the reasons listed above.
6.7 No Visitor may pass behind the barriers and signal strips erected by the Organiser on the Festival grounds. The Visitor will be removed by the Organiser and may be held liable for any damage or injury caused. The Organiser will not be liable to refund the tickets of Visitors who have been removed for one of the reasons listed above.
6.8 The Visitor is prohibited to directly or by other objects or influences touch, move, kick, lift, steal, damage the Organiser’s equipment and/or the elements of the light installations. In the event that the Organiser has exceptionally permitted the touching of certain elements of the installations, the Visitor is still prohibited to kick, lift or damage in any way the relevant elements. The Visitor will be removed by the Organiser and may be held liable for any damage or injury caused. The Organiser will not be liable to refund the tickets of a Visitor who has been removed for one of the reasons listed above.
6.9 Pets are not allowed on the Festival grounds.
6.10 Only foot traffic is permitted on the Festival grounds and no Visitors on bicycles, scooters, roller blades, hover boards, etc. are permitted.
6.11 Visitors may not urinate outside the public toilets during the Festival. During the Festival there is a ban on fire lighting and smoking, this ban applies to all smoking products including electronic smoking products (e-cigarettes).
6.12 The visitor is obliged to comply with the legal regime when visiting the park and the additional restrictions and prohibitions and shall not go outside the explicitly designated areas or damage the vegetation of the park, tear plants, break branches, climb trees, pollute the park, etc. If he/she is caught doing any of the aforementioned acts, the Organizer or persons hired by him/her may remove him/her from the Festival. In such case, no refund of the ticket purchased or any other compensation will be due.
6.13 The Visitor may not distribute leaflets, promotional material and/or other items on or around the Festival unless the Organiser has given prior express permission to do so.
Article 7 – Refusal of access
7.1 The Organiser reserves the right to refuse certain persons access to the Festival or to remove them from the Festival and/or to hand the Visitor over to the police if, in its opinion, this is necessary to ensure public order and security during the Festival and/or there is a breach of any article of these General Conditions. A Visitor who has been refused entry to the Festival or who has been excluded from the Festival shall not be entitled to claim compensation for any loss suffered as a result and shall not be entitled to a refund of the Ticket price and/or compensation in any other manner(s).
Article 8 – Photo and video recording – Visitor
8.1 If the Visitor has taken photographs of part of the Festival using professional and/or non-professional equipment, the footage and videos are for personal use and may not be used (including published) by the Visitor in any way for commercial purposes.
8.2 If, contrary to the first paragraph of this article, the Visitor has express prior permission from the Organiser to use and/or publish the footage and video material referred to in the first paragraph of this article for non-commercial purposes, the Visitor must ensure that at all times he or she correctly cites the name of the event, the Organiser and the relevant artist and artwork.
8.3 If the Visitor fails to comply with its obligations as set out in the preceding paragraphs of this Article and/or is unable to ensure that it does so, the Visitor shall be liable to the Organiser for an immediately due and payable fine of 1,000 BGN for each breach, without prejudice to the Organiser’s right to also claim performance and/or damages from the Visitor for any loss suffered or to be suffered.
Article 9 – Own risk and liability
9.1 Entering the Festival grounds, including the parking lot(s), and attending the Festival is at the Visitor’s own risk. The Organiser cannot be held liable for any damages suffered by the Visitor in this respect.
9.2 The Visitor is expressly advised that the Festival takes place in the dark part of the day in a park without illumination (other than natural and from the Festival Facilities) where there are natural and artificial obstacles, bumps, ditches, curbs, holes, terrain with different levels, branches, vegetation, insects and wildlife etc. The fences and signal strips placed by the Organiser on the Festival grounds are not intended to mark or secure dangerous areas or obstacles or to secure Visitors, but only to mark the areas permitted for access. Visitors should move with extreme caution in the permitted areas, not run or walk fast, not push other Visitors, look carefully around their path and be careful of other Visitors. Also during the Festival there may be loud sounds, bright lights and/or dynamic lights and/or similar sights. The Organiser accepts no liability for any injury or damage, hearing impairment, visual impairment, blindness, epileptic seizures, allergic reactions due to insect bites or contact with allergens and/or other physical injury and/or damage to goods, whether or not caused by other Visitors to the Festival.
9.3 The Organiser shall only be liable for damage directly caused as a result of the fault of the Organiser. The Organiser’s individual and aggregate liability is always limited to the individual and aggregate amounts of the Organiser’s public liability insurance.
9.4 The liability of the Organiser for indirect damages, including consequential damages, intangible damages, lost profits, lost savings and/or damages due to business interruption, is excluded.
9.5 The Visitor shall immediately report to the nearest representative of the Organiser if he/she witnesses or suffers any accident or damage during the Festival. If the Visitor leaves the grounds of the Park without notifying the Organiser or its representative of any incident occurring during the Festival, the Organiser shall not be liable for any loss or damage suffered by the Visitor. Phone number for contact with the Organiser +359 886 860 357. The Visitor is advised that a car and an emergency medical and fire safety team are present at the entrance-exit of the Festival and in the event of an accident should seek assistance from the Organiser who will direct them to the appropriate team.
9.7 The Visitor shall indemnify the Organiser against all claims by Third Parties in respect of damages for which the Visitor is liable to such Third Parties under the Act. The Visitor shall indemnify the Organiser for all damages, including any legal costs incurred by the Organiser, which may result from claims by such Third Parties.
9.8 The Visitor shall be liable to the Organiser for any damage caused to persons working on behalf of the Organiser at the Festival and/or to elements of the lighting installations of the items and/or goods put into use or placed before, during or after the Festival.
Article 10 – Cancellation or rescheduling in case of force majeure
10.1 In the event of force majeure (Article 1 of these General Terms and Conditions), the Organiser may cancel the Festival for a specific date and/or postpone the Festival to another date and/or cancel the Festival.
10.2 The Organiser shall not be liable for any damages caused by cancellation or postponement as aforesaid. In the event of a postponement or cancellation of the Festival as set out above, the Organiser will give as much notice as it considers appropriate of the decision regarding the Ticket(s). The Organiser is not obliged to refund the Ticket in the event of cancellation and/or postponement due to Force Majeure.
Article 11 – Photo and video images – by or on behalf of the Organiser
11.1 The Organiser is entitled to commercially take photographs and/or sound recordings of the Festival and its Visitors and to reproduce and/or publish or have published these recordings in any form and by any means. By obtaining a ticket to the Festival and/or by entering the Festival venue, the Visitor grants unconditional permission to make the aforementioned recordings and to edit, publish and use them, all in the broadest sense of the word, without the Organiser or any of its affiliates owing or becoming liable to the Visitor for any compensation whatsoever.
11.2 The Visitor hereby irrevocably disclaims any interest it may have in the aforementioned entries. Insofar as the Visitor is entitled to any neighbouring and/or copyright and/or portrait rights in the aforementioned recordings, he hereby assigns such rights without any restriction to the Promoter and he hereby irrevocably waives his personal rights or shall not rely on them. If this assignment is not legally valid in advance, the Visitor shall be obliged to give the necessary written permission at the first request of the Organiser and/or to sign a transfer deed in which the aforementioned rights are assigned gratuitously to the Organiser.
Chapter 4 – Final provisions
Article 12 – Conversion
12.1 Insofar as any provision of these General Terms and Conditions conflicts with a statutory provision, this shall be without prejudice to the remaining provisions of these General Terms and Conditions. The provision in question shall cease to have effect and shall be replaced by a provision which comes as close as possible in content and nature to the provision being replaced and is permitted by law.
Article 13 – Alternative Dispute Resolution
13.1 If a dispute arises between the Visitor and the Organiser concerning these Terms and Conditions and/or the purchase of a ticket at the box office and/or a contract and/or the performance of a contract and the Visitor and the Organiser cannot resolve the dispute between themselves, it must first be determined whether the dispute can be resolved by mediation and, failing that, by the court of native jurisdiction in the city of Sofia.
Article 14 – Applicable law and competent court
14.1 These General Terms and Conditions and any related agreements or their application shall be governed exclusively by Bulgarian law.
14.2 If the provisions of Article 13 of these General Terms and Conditions do not result in a settlement of the dispute, all disputes arising out of or relating to the General Terms and Conditions and/or agreements or their implementation shall be exclusively referred to the competent Bulgarian court.
Date of publication: 30.08.2023