General conditions for access to ESN Groningen events
Article 1. Applicability
1.1 These conditions are applicable to being granted access to events, activities and manifestations that are organized by ESN Groningen and that are open or accessible to students that are in possession of an ESN Card and registered as an ESN Card holder.
1.2 In these conditions, ESN Groningen consists of the members of the Supervisory Board and/or Executive Board of ESN Groningen and members that are authorized by ESN Groningen.
1.3 In these conditions, an ESNcard holder is a(n) (aspiring) student following a course at the University of Groningen, the Hanze University of Applied Sciences Groningen, the AVAG, HBO Nederland, and the Stenden University of Applied Sciences Groningen and who has signed up to be an ESNcard holder.
1.4 In these conditions, an event is every activity or manifestation that is organized by ESN Groningen for ESNcard holders and that is accessible to ESNcard holders.
Article 2. Access
2.1 E-tickets or other entry tickets will not be taken back after they have been sold.
2.2 The claim to be allowed to an event will be cancelled when ESN Groningen determines that the maximum number of persons has been reached during an event.
2.3 The wristband that is distributed by ESN Groningen during the Introduction weeks of September and February will remain the property of ESN Groningen. The holdership of the wristband is strictly personal. The holder of the wristband is not permitted to hand the wristband down to another person. A wristband that is no longer in one piece is no longer valid. An ESN Card holder or an ESN Introduction guide participating in the one of the aforementioned Introduction weeks can obtain a new wristband upon showing the broken one.
2.4 An ESN Introduction week participant or an Introduction guide are obligated to show the wristband if this is so requested by ESN Groningen or by security guards at an event.
Article 3. Remaining obligations
3.1 It is forbidden for ESNcard holders (and Introduction guides) to bring glass, tin, fireworks, (fire) weapons, dangerous objects, drugs, and/or alcoholic drinks to an event.
3.2 ESNcard holders (and Introduction guides) are obligated to obey the directions and/or regulations expressed by ESN Groningen, the exploiter of an event, the security guards, the firemen or any other authority. Should an ESNcard holder (or Introduction guide) not comply with these directions and/or regulations, or should he or she be guilty of endangerment, intoxication, use of drugs and/or legal higs, threatening and/or violence, he or she can be refused entry to the event.
3.3 ESNcard holders (and Introduction guides) are obligated to participate in a body search by security guards.
3.4 ESNcard holders (and Introduction guides) are obligated to obey the smoking bans during events.
3.5 ESNcard holders (and Introduction guides) are obligated to identify themselves if so requested by persons and instances who are required to follow up on the lawful regulations during an event. Among these regulations is the prohibition of selling alcoholic drinks to people younger than eighteen years old.
3.6 It is prohibited for every ESNcard holders (and Introduction guides) younger than eighteen years to buy and/or drink any alcoholic drinks.
3.7 It is not permitted for ESNcard holders (and Introduction guides) to perform any promotional activities of any sort without the explicit consent from ESN Groningen.
3.8 ESNcard holders (and Introduction guides) are obligated to comply with the ESN Groningen Code of Conduct.
Article 4. Circumstances beyond control
ESN Groningen reserves the right to reschedule an event to a later date or to cancel it in the case of any circumstances beyond the control of the ESN Groningen in the broadest sense of the term (including a mourning period), which comprises of but is not limited to appointments not being kept by suppliers, strikes, fire, weather conditions, and instructions by authorized instances or persons. No compensation, of any amount, will be given in such a case. Neither can a party apply for (substitution) access to another event.
Article 5. Liability and damage
5.1 The ESNcard holder (or Introduction guide) will be held liable for all the damage under any circumstance for the occasion of or concerning the (build-up or break-down of an) event, caused by the ESNcard holder (or Introduction guide) to other visitors of the event, to employees, to possessions of ESN Groningen, or of third parties hired by ESN Groningen, to the location or any accessory of the locations of the event, or to anything else that is in the location of the event. The ESNcard holder (and the Introduction guide) will indemnify ESN Groningen from any claims from third parties concerning damage that was caused by an ESNcard holder (or Introduction guide).
5.2 Participation in an ESN event, irregardless of the role of the participant or volunteer, happens at own risk. ESN Groningen is not liable for any damage to participants or volunteers as a result of participating in an ESN event, unless the damage is a direct result of intentional or conscious reckless actions of ESN Groningen.
5.3 ESN Groningen is not liable for any physical or financial damages of the ESNcard holder or a third party caused by participating in an ESN Groningen event, also including consequential damages, lost profits, missed savings, theft, damage to or loss of property; and damages as a result of mechanical failure, natural disasters, border crossings, revolutions, terrorism, acts of war, strike or quarantine.
5.4 ESNcard holders (and Introduction guides) are responsible for an adequate accident- and liability insurance.
5.5 ESN Groningen is never liable for so called indirect or consequential damage (including immaterial damage and business damage), unless this is is a direct result of intentional or conscious reckless actions of ESN Groningen.
5.6 Introduction Guides and ESN Crew members exempt ESN Groningen from liability for damage of third parties as a result of act or omission by the Introduction Guide or ESN Crew member.
5.7 ESN Groningen is never liable if an ESNcard holder violates measures of the RIVM and ESN Groningen regarding covid-19 during ESN related activities, unless the violation is due to intent or gross negligence of ESN Groningen.
Article 6. Intellectual property and copyrights
6.1 ESN Groningen is permitted to make photos and/or movies of an event for the purpose of promoting an event. Upon entering an event’s location, the ESNcard holder and any other volunteers in service of ESN Groningen give permission to publish these promotional images.
6.2 ESN Groningen holds the copyright to photos and/or movies of an event that are published. These photos and/or movies are marked with an ESN AISBL approved watermark and cannot be altered by third parties without the approval of ESN Groningen.
6.3 ESN Groningen holds the right to remove photos and/or movies of an event that are published. Photos and/or movies of an event will only be placed after careful examination. A person depicted in the photos and/or movies can request the removal of said published material.
6.4 Apart from written approval, commercial use of the name or logo of ESN Groningen or its events is strictly prohibited.
Article 7. Refunds
7.1 In no event shall ESN Groningen be obligated to refund any amounts paid by the ESNcard holder, except for when the event for which the payment has been made is canceled by ESN Groningen. In the case of force majeure e.g. COVID-19, ESN is not obligated to refund any amounts paid by ESNcard holders.
Article 8. Final provisions
8.1 Every conflict with regards to these Terms and Conditions will be settled by a competent judge in the jurisdiction Noord Nederland using the Dutch legislation, and not before all parties involved have made every reasonable effort to settle the dispute in mutual consultations.
Determined by the Executive Board of the Stichting ESN Groningen on 29th of November 2018