GENERAL TERMS AND CONDITIONS

General Terms and Conditions

Effective from 1st December 2018 until further revocation.

1. Introductory provisions

Company details:

Company name: EVERNESS Events Ltd.

Registered office: 3/a Újliget sétány Budapest 1038

Registration authority: Budapest Metropolitan Court as Court of Registration

Company registration No.: Cg. 01-10-049066

Tax ID: 25798232-2-41

E-mail address: info@everness.hu

Present General Terms and Conditions (hereinafter: GTC) govern the general provisions pertaining to the attendance of the ticket purchasers (hereinafter: Customers) and visitors (hereinafter: Visitors) in courses, presentations, workshops, festivals associated with awareness, consciousness, self-development  (hereinafter collectively referred to as Events) organised and staged by EVERNESS Event Services Ltd. (Registered Office: 1038 Budapest, 3/a Újliget sétány, Company registration number: 01-10-049066) (hereinafter: Everness) as well as the rights and obligations arising from the legal relationship between Everness and Visitors (hereinafter: Contracting Parties).
The provisions of the present GTC are applicable in all cases to the attendance at the Events, and the legal relationship between Everness and Visitors.

Everness makes this GTC available on its website (Contract policy) and at online ticket purchases concluding a contract. It's also accessible at the registered office and at the entry points of the event.

Concept definitions:

- Event: a course, lecture, workshop, festival related to any topic, organised by Everness, but usually about awareness, consciousness and self-development;

- Festival: Everness Festival - The Festival of Consciousness which is a complex of a yearly organised multi-day event of performing arts, music, entertainment, cultural, movement and other services, organised in a given time and place;

- Customer: a natural or legal person who buys a ticket for a given Event either online or personally at a site or at a point of sale;

- Visitor: the natural person who is legally allowed to participate in the Event;

- Service: any service that Everness or its Contracted Parties can make available to the Visitors for free or in return for payment in the Event.

- Webshop: It operates an online ticket selling system to facilitate purchase admission tickets for different, but exclusively for own events.

- Ticket: a certificate (free of charge or paid) issued during the ticket purchase, which can be a pass/student pass, an e-ticket, a day ticket, an entry ticket, a concessionary ticket, etc. (a unique numbered voucher for identification) on Events organised by Everness;

- Policies and House Rules: a specific document concerning the specific events that has been taken into account in the circumstances of the given Event, which contains the rules of the area/room/company that hosts the Event and is available on the website of Everness or at the venue's website hosting the Event and on site of the Event when needed.

• Scope of the GTC

2.1. This GTC is effective for an unlimited period of time.

2.2. The Visitor acknowledges that Everness are entitled to modify this GTC unilaterally, for well-founded reasons and inform all concerned parties in a public announcement. Modifications take effect immediately upon publication on the website operated by Everness. If modifications affect the legal relationship under Section 4.2 (i.e. not exclusively the purchase process under Section 5), the Visitor, for fourteen days from this date, is entitled to terminate this legal relationship in writing without giving reasons. The Visitor does not have a termination right if the modification only contains provisions more favourable to Visitors.

• Contractual relationship

3.1. By paying the Ticket handed over by Everness, Parties enter into a contractual relationship with each other. Everness offer the Visitor the opportunity to participate in a given Event.

The entry ticket is a civil law contract between the Customer and Everness Events. The Event Organiser considers the purchase of an entry ticket as a Declaration and as a recognition of the rules governing the use of this GTC.

The ticket is protected by a unique code and its authenticity is checked at entry points.
Do not let your ticket to be copied because the barcode scanner system does not see any difference between the copied and the original barcode, therefore we always accept the FIRST downloaded electronic ticket as the original.
Any other electronic ticket with the same barcode is classified as invalid. We can not supply or replace any lost, destroyed or damaged tickets.

The Event Organiser shall only process information regarding the online purchase of tickets necessary for their electronic issuing, for the purposes indicated herein, and shall not disclose these to a third party, except for statutory/regulatory obligations, or only for the time necessary to carry out the certain event and for its administration.  

If the Event is cancelled, please refer to the Event's website (everness.hu) for details of ticket reimbursement. In the case of the eventual cancellation of the Event, the Event Organiser does not accept any claim except the reimbursement of the entry fee. Ticket reimbursement is only possible if the Event is cancelled.

3.2 The content and quantity of the specific programs and services available on Events are set up by Everness as the Organiser and Manager, but does not guarantee their content, quality and quantity (such as the performance of a particular performer) for the Visitor; the Organiser reserves the right to change the programme. Nevertheless, Everness aims to provide programs as previously stated or services to replace these with programmes of similar nature and quality. The Event Organiser reserves the right to change the time and place of the Event and does not assume any liability for any consequential damages.

• Ticket, ticket purchase, admission

4.1. Information about ticket prices and age ratings can be found at the Everness website.

4.2 Online ticket purchase

Online ticket purchase is provided on Everness' own website by OTP Mobile Ltd. (30-32 Közraktár str. Budapest 1093) through Simplepay, a secure online payment interface in a simple and safe way. General Terms and Conditions and Data Protection Policy for OTP Mobile Ltd. can be viewed at their website which is recognised and acknowledged by Everness and the Purchaser.

The Customer's bank account details are not available to Everness. When paying with a card the Customer will be redirected to OTP Simplepay System's website so payment will be made directly on the site according to the standards and safety regulations of international card companies, not on the Everness website. The account data, number and expiration date of the Customer's card and the account behind it are not accessible to Everness, these can not be inspected by the Organiser in any form whatsoever.

If the Visitor purchases through the Everness website then they will be sent an e-mail with a Ticket in a pdf document as soon as they have provided the necessary details and the purchase was successful. The Customer will be required to present the voucher either in printed form or on a suitable electronic device (mobile phone, I-pad, tablet or laptop) upon entering the Event, then they can receive the wristband at the gates, which entitles them to enter the Event.

4.3 Ticket purchase in person

Everness provides opportunity to purchase tickets at places shown at their website in exchange for cash during office hours.The Customer or Visitor must show their Ticket when they enter at the gates, then they would receive their wristband.

4.4. Wristband

After entering the Event, the wristband incorporates the rights and obligations provided by the Ticket, Everness and its Affiliates (security staff members) can check at the gates and all across the venue if it's intact and worn properly. Unauthorised Participants shall leave the venue immediately. Wristbands which have been damaged, lost or tampered with in any way, are invalid. Everness will not replace or exchange damaged or lost wristbands.

• Code of conduct of the Event

5.1. Visitors are required to abide by general norms and in accordance with relevant legal regulations, the GTC and with the House Rules of our hosts and are required to refrain from all actions, statements or behaviour which endanger the life, health or physical well-being of others, which may violate others’ personal rights or may disturb the purpose of stay, entertainment, and replenishment of Visitors. Given the nature of Everness Events, Visitors are required to pay special attention to the protection of natural resources on Event sites and surroundings and must refrain from harming these natural resources.

5.2. Any form of economic, commercial or advertising activity on the sites of the Events – including the area in front of the gates of the Event – without the prior written permission of Everness is prohibited.

5.3. No alcoholic beverages may be served to minors under the age of eighteen and to intoxicated individuals by any vendor at the Event venue. Vendors are allowed to ask Visitors for proof of identification providing details of their age to prove that they are entitled to be served alcohol. The use of substances qualifying as banned drugs pursuant to the laws in effect is prohibited in the area of the Event and is punishable by law.

5.4. Demonstration or gatherings of any kind not related to Events are prohibited without the prior consent of Everness. Everness is entitled to end demonstrations that it has not expressly authorised without giving a reason, participants who still not cease their activity will be removed from the Event by Everness or their Associates (security staff members).  If Everness declares the end of a given demonstration, the participants are obliged to stop the demonstration immediately.

5.5. On the sites of the Events, Everness’ suitably qualified and authorised employees or Associates will ensure enforcement of the rules of conduct and safety. Visitors expressly agree, by virtue of their participation in the given Event, that they will fully cooperate with these Associates within the bounds of the law and will follow their instructions in the event of an emergency justifies it.

• Sound and image recordings

6.1. The Visitor acknowledges that Everness, its Contracted Partners as authorised by Everness, Associates, members of the press, other Visitors and other Third Parties may produce sound and image recordings of the Events. Accordingly, all Visitors, by virtue of their participation at the Events, give express permission to the recording and publication of their image, appereance and actions. Visitors, however, may only be named in such recordings with their express permission. Visitors considered public figures may be named without their permission.

6.2. With regard to the Visitor, the creator of aforementioned recordings shall gain exclusive and unrestricted usage rights of these, (promoting the Event, reproduction, publishing, rework, make them public, broadcast them to the public and distribute such recordings on- and offline, used simultaneously or later etc.),without having to provide any consideration to Visitors. Visitors are not entitled to make any claim against Everness concerning recordings and their publication as set out above.   

6.3. The Visitor is entitled to make sound and image recordings at the Event but they may not sell these (or use them for commercial purposes without consideration). The creator can not name Visitors featuring in such recordings without their consent, or violate the personal rights of such Visitors. Everness are expressly not liable for the consequences if Visitors violate the above rules mentioned in Section 6.

You are authorised to take pictures and recordings at the Event provided that you can not sell the picture and sound recording you produced, and you can not sell them (or use them for commercial purposes without consideration). The Event Organiser may produce picture and sound recordings where you can appear as Visitor. By entering the Event you agree that the Event Organiser has exclusive access to use, to process and to publish these recordings, any complaint related to these may only be made in case of breach of the applicable law.

• First aid and medical care

Continuous first aid and medical care will be provided on the designated places of the Events 24 hours a day. Visitors are entitled to use these only if they prove that they have suitable social security, health insurance or travel insurance cover. If they don't have any of these, they should cover the costs of these services themselves.

• House Rules and Guidelines

House Rules and Guidelines for the Event venue are available at the Everness website and at the entry points of the Event. Visitors should comply with these rules and policies in addition of the rules of this GTC.

• Liabilities

9.1. Everness reserve the right to modify, restructure and further develop the Events or Services or Products provided at the Events, at their discretion. The Visitor is not entitled to object to the modification of the program.

9.2. The Visitor expressly acknowledges that there are Products and Services provided not only by Everness. In such cases, the contract is concluded directly between the Visitor and the Contracted Partner, the rights and obligations arising from the legal relationship apply solely to the Visitor and the Contracted Partner. Everness are not responsible for the Products and Services provided by their Contracted Partners.

9.3. Everness assume no responsibility for any possessions left unguarded including those left in tents, vehicles and accomodations. .

9.4. The Visitor states that the data provided via their ticket purchase is correct. Everness assume no liability for any damage resulting from incorrect or non-functioning data.

9.5. The Visitor acknowledges that Everness assume no liability for any damage or abuse arising during or as a consequence of any payment method (eg. unauthorised card payments or transacions).

9.6 The Visitor has criminal and civil liability with regards to any damage caused by them, their children or their pet towards Everness, the Event venue, Participants other Visitors and Third Persons. The Visitor's liability for accountable damage is accepted by the Visitor without limitation during the Event.
9.7. The Organiser of the Everness Festival may be held responsible only for the legal rules in force at the time of the Event and the provisions of the GTC related to the event service. In addition to the liability of the Organiser in connection with any damage caused by any third party (Visitor, Partner / not own staff, etc.), irrespective of imputability, shall pass liability for the damage directly to the person causing the damage, this responsibility should be automatically accepted by any person present at and during the Event after entering the Event.

• Copyright and trademarks

10.1 The trademarks, logos, any information and materials on the websites of Everness in online and offline media, on posters and leaflets at the Events are the sole property of Everness and its Contracted Partners. Visitors and Third Persons may not use, copy, distribute or publish such markings in any form for the purpose of generating revenue without the express and prior written permission of Everness or their Contracted Partners.

10.2 Everness has unrestricted and exclusive usage rights with regard to comments, remarks, proposals and ideas communicated by the Visitor and may not be restricted in using them in any way.

• Force Majeure

If Everness or any other Contracted Party are not able to satisfy any of its contractual obligations as a result of a war, revolt, act of terrorism or threat of such, strike, a movement qualifying as a strike, an import or expert embargo, accident, fire, blockade, flooding, earthquake, natural disaster, severe storm, severe energy supply interruption, severe transport disturbance/obstruction, epidemic, authority or military provision, order or act, or any other disturbance that cannot be foreseen and cannot be averted and that is beyond their control, then that Contracted Party shall not be liable toward the Customer for any loss or damage arising as a consequence of such events.

If the information from different sources is contradictory, the following order must be followed in determining the applicable regulation:

Primarily: Announcement(s) provided by the Event Organiser

Secondarily: House Rules and Guidelines of the Event

Thirdly: Information provided on entry tickets

Fourthly: GTC

• Closing provisions

12.1. Everness Events Ltd. is a company registered in Hungary and with its head office in Hungary. These General Terms and Conditions are governed by Hungarian law.

Regarding questions not covered by this Policy the following laws and regulations are authoritative besides the general rules of Hungarian Law: the Act CVIII of 2001 on certain issues of electronic commerce activities and information society services, the NFGM-SZMM co-regulation 4/2009 (I.30), the Act LV of 2012, the Act CLV of 1997 on Consumer Protection, the Act CLXIV of Commerce 2005, the Act LXXVI of 2009 on the General Rules and the Pursuit of Service Activities, the Act XLVII of 2008 on the Prohibition of Consumer-Related Unfair Business Practices and the Act XLVIII of 2008 on the Essential Conditions and Certain Limitations of Business Advertising Activity.

12.2. Everness are entitled to use subcontractors and Associates for their activities.

12.3. Everness and the Visitor agree that the District Court XI of Budapest shall have sole jurisdiction with regard to any legal dispute concerning these General Terms and Conditions

12.4. The staff of Everness will receive Visitor questions, comments, complaints and ideas at the Event's Festival Centre or through info@everness.hu email address.