Terms and conditions

WHO’S WHO?

Clear agreements make for good friends. This website, including subdomains and the services offered, is managed by Which Mountain? vzw.

Which Mountain? vzw

Registered office: Papenakkerstraat 49, 3200 Aarschot, Belgium
Company registration number: 0725.723.811

We are responsible for the following websites:

Definitions:

User: Anyone who visits our website, whether for purely informational purposes and/or with a view to using our services.
Visitor: Anyone who wishes to book a festival ticket via our website and/or who already has a festival ticket registered in their name. Hereinafter also referred to as the purchaser.

TERMS AND CONDITIONS

Acceptance and applicability

This text governs all use of the website, including the services offered via the website. Upon accessing the website, you, as a user, agree to these Terms and Conditions. You also hereby declare that, as a user, you are authorised to be bound by these Terms and Conditions, or to enter into this agreement under the supervision of and with the consent of an authorised person.

If you do not agree with our website and/or these Terms and Conditions, we can only advise you to cease using it.

Specific terms and conditions may take precedence over these General Terms and Conditions. This will only be the case if there is mutual agreement on this and such terms have been set out in writing. These specific terms and conditions apply only to the part of the General Terms and Conditions from which they deviate.

Any reference to our Terms and Conditions always implies a reference to all of our legal documents, including our Terms of Sale, Privacy Policy, Cookie Policy and Disclaimer.

We may at any time decide to amend our General Terms and Conditions unilaterally, without this giving rise to any form of compensation. Naturally, any amendment will only apply prospectively, meaning you are never bound by anything you do not wish to be bound by. We do, however, recommend that you regularly check for any changes to our Terms and Conditions.

Use of the website

Every user of our website, including its services, is aware that such use is always entirely at their own risk. Our website is provided ‘as is’, i.e. without any (implicit or explicit) warranty or condition. Naturally, we do not provide you with a website without having taken all necessary and reasonable measures to ensure the proper functioning and security of our websites. However, we cannot give absolute guarantees. It is therefore possible that the user may suffer damage as a result of ‘errors’ and/or viruses or similar harmful components affecting our website and/or servers.

We accept no liability for any damage arising from the use of the website, including its services.

Furthermore, the website is provided on an ‘as available’ basis. We cannot give any guarantees regarding the accessibility of our website and the services offered. We will always take all reasonable measures to minimise the risk of malfunctions and/or interruptions, but shall in no event be liable for any damage resulting from a failure to access the website and its services.

It is possible that certain content may be downloaded via our website. Any download from our website is always at your own risk and any damage resulting from data loss or damage to the computer system is entirely and exclusively the responsibility of the user.

Users and third parties must refrain from any actions that could jeopardise the use of this website. Should such an action compromise the proper functioning and/or security of our website (including its services) and/or result in the website becoming inaccessible, the person responsible shall be solely and fully liable for any damage caused. If the person responsible is a user, they have a duty to indemnify Which Mountain? vzw.

Finally, our website contains numerous links to other websites and/or electronic communication portals that are not under the actual control of Which Mountain? vzw. The inclusion of such a link does not automatically imply that we (implicitly) endorse the content of those websites. Users therefore click on and visit these links at their own risk and on their own responsibility. Which Mountain? vzw is not liable for any form of damage arising therefrom.

Information on our website

Which Mountain? vzw takes the utmost care with its websites and the information published on them. This means that we take the necessary measures to keep our website as complete, accurate and up-to-date as possible. This constitutes an obligation of means. We may therefore at any time amend, supplement or remove our website and its content.

However, we cannot provide any guarantees regarding the quality of the information on our website. It is therefore possible that the information may be incomplete, insufficiently accurate and/or not useful. We are consequently not liable for any (direct or indirect) damage resulting from actions taken by the user on the basis of the information on our website.

The website also features information and files provided by third parties. These third parties, and not Which Mountain? vzw, are themselves responsible for the quality of this content. We are under no obligation to check this content in advance, even if we place the content on the website ourselves.

If any content on our website constitutes a breach of applicable legislation and/or a breach of third parties’ rights and/or is simply unacceptable, we ask you to report this to us as soon as possible so that we can take the appropriate measures.

WHAT ABOUT MY PRIVACY?

Every user of our website provides information about themselves. The amount of information varies depending on the actions carried out, for example following registration. Depending on the nature of the information, it may be possible to identify a natural person. In such cases, we collect and process personal data.

As we consider privacy and the protection of personal data to be important, we have taken the trouble to provide you with the most comprehensive information possible regarding the processing of personal data that we carry out. We would therefore like to refer you to our Privacy Policy.

Intellectual property

Creativity deserves protection, and so do our website and its content. This protection is provided by intellectual property rights. Such rights also apply to our website and its content. The term ‘content’ refers to the very broad category of photographs, video, audio, text, ideas, notes, drawings, articles, etc.

All this content is protected by copyright, software law, database law, design law and other applicable (intellectual) property rights.

The technical nature of our website itself is protected by copyright, software law and database rights. Any trade name we use on our websites is also protected by the applicable trade name law or trade mark law.

Every user is granted a limited right of access, use and display of our websites and their content. This granted right is non-exclusive, non-transferable and may only be exercised within a personal, non-commercial context.

We therefore ask our users not to make use of and/or make any alterations to the intellectual property rights as described in this article without the consent of the rights holder.

Applicable law

These General Terms and Conditions (including the Terms and Conditions of Sale) are governed by and interpreted exclusively in accordance with Belgian law. Any disputes fall within the jurisdiction of the courts of the district of Leuven.

Should the validity or enforceability of one or more of the above provisions of these General Terms and Conditions be called into question, this shall not affect the validity of the remaining provisions of this agreement. Any disclaimer of liability by Which Mountain? vzw must always be interpreted in the broadest possible sense.

The headings we use in our legal documents are purely illustrative. You cannot therefore derive any legal significance from them.

Questions or comments?

Do you have a question or comment? We’ll make time for you. We value your opinion. We strive to ensure that our website and the services we offer run as smoothly as possible, but we are not always in a position to spot faults or other issues. Consequently, we ask you, as a user, to bring any useful comments or complaints to our attention.

Contact: info@downthehill.be

We will do everything necessary to provide an effective, substantive response to your complaint or comment as quickly as possible.

NEED A FESTIVAL TICKET?

These are our TERMS AND CONDITIONS OF SALE:

What does Down The Hill offer you?

Depending on what you need as a visitor, we can offer you the following:

FESTIVAL TICKET, COMBI / FRIDAY / SATURDAY: this is the ticket that grants you access to the festival site. You must exchange this festival ticket for a festival wristband at the DTH check-in at the entrance to the festival site. Only with this festival wristband will you be granted access to the festival site.
FESTIVAL TICKET + CAMPSITE: this is a special ticket that grants you access to both the festival and the campsite.
TOKEN VOUCHER: You can purchase this voucher online up to a few days before the festival on our website and exchange it for token tickets on site at the DTH check-in. €1.6 / token

Note: If you have purchased too many tokens, you can request a refund; please note: we will refund €1.50 per token instead of €1.60 per token.

Your festival ticket grants you access to the entire programme on your chosen day(s). Our prices are as stated on the website, always expressed in euros (including VAT, taxes and service charges).

We reserve the right to change the terms and conditions and prices of our tickets at any time, without any formality or prior notice. Such changes will only apply in future. If you have already purchased a ticket, nothing will change for you.

How to book a ticket?

The only way to obtain a valid ticket is via our official sales website: www.downthehill.be

For several years now, we – but above all our visitors – have been facing the consequences of unofficial sales (counterfeit tickets, extortionate prices). To avoid disappointment, we have taken a number of measures. So, if you want to be sure that your money will get you valid entry, do not buy from the ‘black market’. If you spot any unauthorised resale, please report it to us and help prevent people from being unnecessarily ripped off.

Ordering an admission ticket for friends, colleagues, family, etc. (so-called third parties) is not a problem. We do, however, require the end-user’s name (for entry checks), the user’s date of birth (to check that alcohol is not being served to minors), and the user’s gender (to estimate the number and type of toilet facilities required). The person or company placing the order is then regarded as the client and is responsible for providing the information we request correctly. Thanks to the internet, we sell our tickets exclusively online.

To give you a little more information in advance about how the sales process works, we’d like to briefly outline all the steps:

Sales process:

Via www.downthehill.be/TICKETS you will be taken to our sales page.
Selection screen with the following options:
- COMBI TICKET
- FRIDAY TICKET
- SATURDAY TICKET
- 20-TOKEN VOUCHER
- 40-TOKEN VOUCHER
Step 1: Select your tickets
- Decide which type and how many tickets you wish to order
- You can order a maximum of five (5) admission tickets per person
- Check in advance which tickets we are offering to avoid any mistakes
- You can also specify the number of token vouchers in this step
Step 2: Enter your details
- To ensure you are a genuine person, we ask for your personal details
- As the person responsible for the purchase, you are now the client/buyer
- We require: name, age, gender, address and email address
- It is important that the information you provide to us is accurate
- Without a valid email address, we cannot send you your tickets
- Here, we also explicitly ask you to accept our Terms and Conditions
Step 3: Choose a payment method
- We can only confirm your order once payment has been made immediately
- If payment is not received, the tickets will automatically be put back on sale
- Available payment methods:

Maestro
Bancontact / Mister Cash
Mastercard
VISA
iDEAL (only for customers with a bank account in the Netherlands)

Security of online transactions
- We work exclusively with the above payment partners and credit card issuers
- Online payments are processed via a secure, closed system
- The risk of loss and/or theft of your identity or credit card details is kept to an absolute minimum
- We are not liable for any failings on the part of the above payment partners and credit card issuers
Step 5: Order summary
- Take sufficient time to check that all details are correct
- If you have made a mistake, simply go back to the previous step(s) and correct it where necessary
Step 6: Secure payment
- You can report any issues with your ticket booking at info@downthehill.be
- Always include your name, address and telephone number

Have you completed all the steps above?

The booking is final as soon as payment has been completed
From this point onwards, the purchase is final, which means that your festival ticket is neither refundable nor exchangeable
If payment is not made immediately, no booking will be made

Order confirmation:

All tickets ordered will be sent to you as ‘festival tickets’
This means you will receive a PDF file via email
As the purchaser, you are obliged to check the email carefully upon receipt for any errors on our part
If we have failed to provide our services properly, you, as the purchaser, have seven (7) days to report this
This must always be done in writing, stating the reasons, to Which Mountain? vzw
If your report or complaint is deemed admissible, we will, of course, rectify our error
If you fail to submit a substantiated complaint within the specified period, your right to do so will lapse

Use of the ticket:

You must print out the PDF file; this is the only valid admission ticket
Only the person who originally purchased the festival ticket will be granted access to the event
The ticket holder must be able to verify that their identity matches the identity on the ticket
Anyone holding a copied festival ticket will be refused entry
So please ensure that nobody can copy your festival ticket

Do I have a right to cancel my tickets?

As a consumer, you do not have the right to withdraw from the purchase. The right of withdrawal does not apply because this concerns a leisure service, namely the booking of tickets, which is, moreover, carried out immediately.

By agreeing to the Terms and Conditions, you, as a consumer, expressly declare that you no longer have the right of withdrawal once Which Mountain? vzw has fulfilled the contract. Your booking is processed immediately and automatically upon payment.

WHAT ABOUT UNOFFICIAL SALES?

As we have been dealing with the consequences of counterfeit tickets and tickets sold at exorbitant prices for several years now, we are making every effort to combat this abuse as much as possible.

The only way to buy a valid ticket is via the official sales website www.downthehill.be.

The recent law of 30 July 2013 helps us by imposing criminal penalties for unauthorised resale (fines of up to €60,000).

It is prohibited to:

Resell your festival ticket and camping ticket or provide them to third parties in any way whatsoever
Whether for commercial or any other reasons
None of the tickets purchased may be given away via a competition, promotion or advertisement without the express written consent of Which Mountain? vzw

To avoid disappointment, we therefore strongly advise against using unofficial sales channels.

There is a high chance that your ticket will not grant you access to the festival. Only our official festival partners are permitted, subject to prior authorisation, to organise competitions in which Down The Hill tickets are given away.

Which Mountain? vzw reserves the right to cancel festival and camping tickets as soon as it establishes that tickets are being offered for sale in breach of the ban. Cancellation renders the ticket invalid, even for the original purchaser. The cancellation does not entitle the holder to any form of refund. All costs arising from the cancellation are to be borne by the purchaser.

The Act of 30 July 2013 on the sale of admission tickets to events has provided us with a number of measures to prevent unauthorised resale. We will not hesitate to take these (legal) measures.

Don’t give fraudsters a chance and help us put an end to this abuse. Are you aware of any unofficial ticket offers online or elsewhere? Please let us know at info@downthehill.be.

ON AND AROUND THE FESTIVAL GROUNDS

Only the original purchaser of the festival ticket and camping ticket will be granted access to the festival grounds and/or the campsite. Anyone in possession of a copied festival ticket or camping ticket will be refused entry. So make sure nobody can copy your festival ticket and camping ticket.

Before entering the site, you may be lawfully searched and asked to open your bags or rucksacks. Refusal to comply will result in being denied entry, as will possession of drugs or narcotics.

Permitted:

Camping chairs
Camping mats and similar items

Dogs:

Dogs are permitted provided that:

They are kept on a lead at all times
Owners provide bags to clean up after their dog

In the event of a breach, the owner will be kindly asked to remove the dog from the premises.

Liability:

The artists and organisers, their agents and employees, and the campsite organisers cannot be held liable for damage, loss or theft, nor for any possible accident.

Official sales of festival and band merchandise take place only on the festival site.

It is not permitted to hand out gadgets, samples or any other products at the entrance to, in the vicinity of, or on the festival grounds and campsites, unless prior written arrangements have been made.

Flyer distribution on, around and in the vicinity of the festival is prohibited by police order.

Down The Hill is a festival where everyone is welcome. Inappropriate behaviour will not be tolerated by the festival and campsite organisers.

By purchasing a festival ticket, you expressly confirm that, as a visitor, you are bound by our festival regulations.

Any breach of these rules will be penalised. Down The Hill reserves the right to deny anyone access to the site at any time if there are sufficient grounds to do so. If you breach the regulations, you are solely responsible for this. You are also obliged to indemnify Down The Hill against all possible consequences of your breach, including claims from third parties. Furthermore, we reserve the right to take appropriate (legal) action ourselves.

LIABILITY – CANCELLATION – FORCE MAJEURE – PROGRAMME CHANGES

The Down The Hill organisation is liable only for any failure attributable to it, whether of a contractual or non-contractual nature, insofar as such liability has not been expressly excluded or limited in these General Terms and Conditions.

Our total liability is in any event limited to compensation for direct loss and shall never exceed the value of the service provided, namely the Down The Hill ticket. Liability for any form of indirect loss is expressly excluded.

Liability in the event of force majeure:

Liability in the event of force majeure is entirely excluded. Force majeure is defined as any circumstance beyond the control of the Down The Hill organisation which prevents it, even temporarily, from fulfilling its obligations in whole or in part.

The Down The Hill organisation is not liable for the obligations of its partners.

Any third party (including visitors) who, through a fault attributable to them, jeopardises the liability of the Down The Hill organisation, including Which Mountain? vzw and its staff, must indemnify the Down The Hill organisation in full and upon first request against any claim by third parties.

This duty of indemnification means that you must always intervene voluntarily in any dispute and/or legal proceedings brought against the Down The Hill organisation by a third party, and must bear any financial consequences thereof yourself.

Cancellation of the event:

In the event of cancellation, the ticket price, excluding service and administration charges, will be refunded to the individual or company that placed the order.

It is, of course, possible that the cancellation is due to force majeure. In such a case, we are not obliged to go ahead with the festival, depending, of course, on the situation. There will be no refund or compensation in the event of force majeure, unless expressly agreed by both parties.

Programme changes:

Changes to the programme do not entitle you to a partial or full refund of the festival ticket or camping ticket. We regret any changes that may occur, but rest assured that we always have a plan B ready to make up for it.