ARTICLE 1. | DEFINITIONS
In these general conditions the following terms (both conjugated in singular and plural) are used in the following sense, insofar as the nature or purport of the clauses does not indicate otherwise.
Supplier: the user of these general conditions, Stichting Beach Pull Putten, established in Putten, registered in the trade register under Chamber of Commerce number 08095112.
Consumer: any natural person with whom the supplier has concluded or intends to conclude an agreement, as well as, to the extent applicable, the natural person(s) on whose behalf e-tickets are ordered.
Website: the website of the supplier on which the offer of e-tickets is revealed and the agreement is concluded.
Agreement: any agreement concluded between the supplier and the consumer via the website within the meaning of Article 6:230g(1)(e) of the Dutch Civil Code (distance contract).
E-ticket: the e-ticket to be supplied to the consumer by or on behalf of the supplier within the framework of an agreement.
Organiser: the party responsible for the performance of services to which the e-ticket purchased by the consumer relates.
Services: the services to which the e-ticket relates, to be provided by or on behalf of the organiser.
Right of dissolution: the possibility offered to the consumer by law to dissolve the agreement up to 14 days after the conclusion of the agreement.
ARTICLE 2. | GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to every offer by the supplier to which these terms and conditions are explicitly declared applicable and every contract concluded.
These general terms and conditions also apply to agreements for the execution of which third parties are involved, such as organisers. These general terms and conditions are also stipulated for the benefit of these third parties. They may also invoke the provisions of these general terms and conditions against the consumer.
Before the agreement is concluded, the text of these general terms and conditions will be made available to the consumer on the website so that the consumer can easily save these general terms and conditions on a durable data carrier.
The provisions of these general terms and conditions can only be deviated from explicitly and in writing.
Nullification or nullity of one or more of the present provisions does not affect the validity of the other stipulations. In such a case, the parties shall be obliged to enter into mutual consultation in order to reach a replacement arrangement in respect of the affected clause. The purpose and purport of the original provision will be taken into account as far as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF AGREEMENTS
All prices and offers made by the supplier are without obligation.
The consumer cannot derive any rights from an offer by the supplier that contains an obvious mistake or error.
An agreement is concluded at the moment the consumer's order is confirmed by the supplier by e-mail and the consumer has fulfilled all the conditions stated in the offer.
The administration of the supplier serves as full proof of the existence, content and execution of the agreement, subject to proof to the contrary from the consumer who claims that the proof is not reliable.
Before placing the order, the consumer should pay close attention to whether he orders the correct e-tickets. Subject to the provisions of the rest of these general terms and conditions, the supplier shall not be obliged to exchange or apply refunds once e-tickets have been sold.

ARTICLE 4. | DELIVERY AND PERFORMANCE
Unless expressly agreed otherwise, after payment has been made in the prescribed manner, the e-ticket will be sent by e-mail to the e-mail address provided by the consumer. The supplier shall never be liable for damage resulting from incorrect or incomplete information provided by the consumer when placing the order.
The consumer should print out the e-ticket and take it with him to the event concerned so that it can be scanned. Without a valid e-ticket, the consumer is not entitled to purchase the services.
The consumer must show his e-ticket at the organiser's first request during the performance of the services. The organiser also has the right to ask for valid proof of identity, which the consumer is obliged to show immediately.
The e-ticket has a unique barcode, it can therefore only be used once and makes copying e-tickets useless. Misuse may be reported.
E-tickets must be printed with a clearly visible barcode. The consumer bears responsibility for this. If it is unclear in this regard, the organiser may exclude the consumer from using the services and the consumer will not be entitled to a refund or replacement of the e-ticket.
Any stated delivery times of e-tickets are indicative only. The supplier shall ensure that the e-tickets are delivered in good time before the performance of the services.
Upon delivery of the e-ticket, the consumer is obliged to examine whether it complies with the agreement. If it does not, the consumer must inform the supplier in writing, stating reasons, as soon as possible or at least immediately after detection was reasonably possible. If it appears that the delivered e-ticket does not meet the agreement, the supplier shall ensure repair. If repair is impossible, the consumer is entitled to proportionate restitution of payments made by him in this respect.
E-tickets lose their validity upon expiry of the validity date indicated on them.
The supplier is not responsible for the performance of the services insofar as it does not itself act as organiser in this regard. In such cases, the supplier also bears no responsibility for the course of events in and around the venue of performance. Barring intent or deliberate recklessness on the part of the supplier, he can furthermore never be held liable for damage as a result of death, injury, accidents, injury, loss, damage or theft caused during or as a result of the execution of the services.
During the performance of the services, the consumer must comply with instructions issued by or on behalf of the organiser or the competent authority. The consumer should inform himself of instructions given by or on behalf of the organiser or the competent authority, as well as of changes concerning the services, such as the starting time and the like.
ARTICLE 5. | CANCELLATION OR RELOCATION BY ORGANISER

The organiser has the right to move or cancel the services. In case of cancellation of the match, no refund will be granted. In such a case, the supplier will try to find a suitable solution. In case the services are cancelled or rescheduled, the supplier will do its best to inform the consumer as soon as possible. However, the supplier cannot guarantee that the consumer will be informed in time and therefore bears no responsibility for any costs incurred by the consumer in this regard.

ARTICLE 6. | RIGHT OF CANCELLATION FOR CONSUMERS
The right of cancellation is excluded in case the e-ticket concerns the provision of services at a certain time or during a certain period and the services relate to one of the following:
leisure;
catering;
provision of accommodation other than for residential purposes;
carriage of goods;
car rental services.
In case the e-ticket provides for the provision of services which do not meet the conditions of the previous paragraph, the consumer has the right to dissolve the contract up to 14 days after the conclusion of the contract without giving reasons, however, if the performance of the services takes place within this reflection period, the right of dissolution lapses after the performance of the services, provided that:
the performance has started with the express prior consent of the consumer;
the consumer has declared to waive his right of dissolution as soon as the services have been performed.
The provisions of the previous paragraph are without prejudice to the supplier's other legal possibilities to invoke the exclusion of the right of dissolution.
The consumer exercising the right of dissolution may dissolve the agreement by submitting a request to that effect to the supplier by e-mail or by using the model withdrawal form offered by the supplier. As soon as possible after the supplier has been informed of the consumer's intention to dissolve the agreement and if the conditions of this article have been met, the supplier will confirm the dissolution by e-mail.
The supplier will refund the payments received from the consumer to the consumer as soon as possible, but at the latest within fourteen days after the dissolution of the agreement.
When exercising the right of dissolution following a request in accordance with paragraph 2, the consumer shall owe the supplier an amount proportionate to that part of the commitment that has been fulfilled by the supplier at the time of exercising the aforementioned right, compared to the full fulfilment of the contract. The proportionate amount payable by the consumer to the supplier shall be calculated on the basis of the total price set out in the contract. If the total price is excessive, the proportionate amount shall be calculated based on the market value of the part of the services performed.
ARTICLE 7. | FORCE MAJEURE
The supplier and organiser are not obliged to fulfil any obligation under the contract if and for as long as they are prevented from doing so by a circumstance for which they cannot be held accountable by virtue of the law, a legal act or generally accepted practice. Such circumstances in any case include: extreme weather conditions, failure of (tele)communication means(s) and strikes of staff or non-subordinate auxiliary persons.
If the force majeure situation makes compliance with the agreement permanently impossible, the parties shall be entitled to dissolve the agreement with immediate effect.
Damage resulting from force majeure, other than restitution of funds in proportion to that part of the agreement affected by force majeure, shall never be eligible for compensation.
ARTICLE 8. | PRICES AND PAYMENTS
Before the agreement is concluded, the total price payable by the consumer shall be stated, including VAT and any other costs.
The amounts owed by the consumer must be paid in advance, in (one of) the way(s) as prescribed, unless explicitly agreed otherwise. In case of advance payment, the supplier is not obliged to execute the agreement until after the advance payment has been made.
In case of technical malfunctions of any kind as a result of which payments cannot be processed and/or authorised, not correctly or not in time, the supplier shall not bear any liability.
In the case of payment in arrears and if payment is not made on time, the consumer's default commences by operation of law. From the day the consumer's default commences, he shall owe the then current statutory interest on the outstanding amount. All costs for the payment of amounts owed with regard to which the consumer is in default, such as (extra)judicial and execution costs, shall be for his account.
The provisions of the previous paragraph do not affect the rights of the supplier as referred to in article 9.1.

ARTICLE 9. | NON-PERFORMANCE OF THE AGREEMENT
The supplier is, if the circumstances so justify, authorised to suspend the execution of the agreement or to dissolve the agreement with immediate effect, if the consumer does not, does not timely or does not fully comply with the obligations under the agreement, or if after the conclusion of the agreement circumstances come to the supplier's knowledge which give him good reason to fear that the consumer will not fulfil his obligations.
Subject to the provisions of Article 6, the consumer is only authorised to dissolve the agreement if the supplier, after a proper and as detailed as possible written notice of default in which a reasonable period is given to remedy the failure, imputably fails to meet essential obligations under the agreement.
Amounts which the supplier has invoiced or will invoice in connection with what he has already performed or delivered in execution of the agreement shall remain due in full.
ARTICLE 10. | LIABILITY
The supplier is not liable for misunderstandings, mutilation, delays or improper transmission of data and messages resulting from the use of the Internet or any other means of communication.
The supplier and organiser do not guarantee the suitability of the consumer's use of the services.
The supplier is not liable for damage suffered by the consumer due to shortcomings of third parties (in)directly involved in the execution of the agreement, unless the damage is the result of intent or deliberate recklessness on the part of the supplier.
If despite the provisions of these general conditions, the supplier's liability should exist, this liability is limited to a maximum of the invoice value of the agreement, at least that part of the agreement to which the supplier's liability relates.
The supplier has at all times the right to repair the damage of the consumer, for which the supplier is liable. The consumer should give the supplier the opportunity to do so, failing which any liability of the supplier in this respect lapses.
A ground that could give rise to a claim for compensation should be submitted in writing to the supplier no later than one month after the consumer has discovered or reasonably could have discovered the damage, failing which the right to compensation lapses.
The consumer is obliged to indemnify the supplier against all claims by third parties arising from or related to the agreement, except insofar as these claims are the result of intent or deliberate recklessness on the part of the supplier.
ARTICLE 11. | COMPLAINTS
Complaints relating to the execution of the agreement must be submitted to the supplier by e-mail, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the supplier shall be answered within a period of fourteen days after their receipt. If a complaint requires a longer processing time, a response will be given within fourteen days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
ARTICLE 12. | FINAL PROVISIONS
Each agreement and all legal relationships resulting from it between the consumer and the supplier are exclusively governed by Dutch law.
The parties will not appeal to the courts until after they have made every effort to settle the dispute by mutual consultation.