General Terms and Conditions of ZO Festival AG

General rules and regulations

  • The ZO Festival AG is referred to hereinafter as the “Event Organiser”. The General Terms and Conditions stipulated below apply to festival visitors, stall holders and other contract partners of the Event Organiser. The currently published General Terms and Conditions supersede all previously published terms and conditions.
  • The festival will be held outdoors irrespective of the weather conditions.
  • You must comply with any and all instructions given to you by the Event Organiser, staff and stewards.
  • Festival visitors must observe the entrance times published for the respective category on the website of the Event Organiser. Individual agreements apply to stall holders. Camping at the designated festival site is only permitted at the times specified on the website of the Event Organiser.
  • The Event Organiser reserves the right to alter admission times without prior notice. The Event Organiser shall have no responsibility or liability for any delays during admission.
  • Household waste, bulky goods, glass products, cans of beverages, fireworks, flares, weapons or any items which may be regarded as weapons must not be brought into the festival site. Anyone disregarding these General Terms and Conditions will face eviction from the festival site without refund. The Event Organiser reserves the right to take further action.
  • You may bring three litres or less of drinks (PET, Tetra Pak, cans) to the camping site for personal consumption in freely selectable units.
  • By purchasing a ticket, the buyer and ticket holder agree to the terms of contract of the Event Organiser. For all other contract partners of the Event Organiser, these General Terms and Conditions are deemed an accepted part of the contract. The Event Organiser shall not accept and explicitly excludes any terms and conditions that are contradictory to these General Terms and Conditions.

Program

  • The Event Organiser has absolutely no influence on the stage design or the actual performances of the artists. The Event Organiser assumes no responsibility or liability arising from performances.
  • The Event Organiser reserves the right to alter the advertised programme at any time without prior notice. There will be no refund of money, exchange of tickets or compensation of any amount or kind whatsoever payable by the Event Organiser or any other party if the advertised programme is altered.
  • Video or audio reproduction of bands performing at the festival is prohibited. The use of photographic equipment is allowed for private domestic purposes only. Any recording or transmitting equipment (including digital and analogue professional cameras with detachable lenses and video cameras) must not be brought into the festival site.
  • Any subsequent commercial use and exploitation of image, sound, visual, and video recordings of artists, visitors or infrastructure at the festival is strictly prohibited. Any infringements will lead to civil and criminal proceedings.
  • In case of infringement, the Event Organiser reserves the right to exercise all rights and remedies available to it under any legal entitlement whatsoever.
  • Festival visitors are aware of and consent to being filmed, photographed and recorded by on-site CCTV cameras and recordings for security purposes, in particular for reasons of safety and to punish any infringements that may occur. By attending the festival (site), visitors give their express consent to their actual or simulated likeness to be included within any film, photograph, audio and/or audio-visual recording to be exploited in any and all media for any purpose at any time throughout the world without any compensation.
  • Please note that the excessive exposure to loud music at concerts may cause damage to your hearing and general health. Ear plugs will be available at neuralgic spots in front of the stage. They will also be at your disposal in bars, in particular.
  • The Event Organiser will not be liable for any injury or damage to your hearing and general health.

Access to the festival site

  • Security searches will be carried out by the stewards of the Event Organiser at all the official entrances and throughout the festival site for the duration of the festival.
  • You must comply with any and all instructions given to you by the stewards.
  • The stewards reserve the right in collaboration with the local police authority to conduct security searches (body/bag searched) from time to time.
  • The Event Organiser reserves the right to refuse you entry (with a refund equal to the face value of the ticket). Non-adherence to these General Terms and Conditions may be a reason to refuse you entry.
  • The Event Organiser reserves the right to take further legal action without further notice.
  • A ticket must be exchanged for a wristband on first entry at the official pay desks and wristband exchange points. Each person entering the festival site must be wearing a firmly closed wristband around their wrist before entering the festival site.
  • Damaged wristbands and wristbands not worn on the wrist will not be accepted and you will not be able to gain access to the site or are liable to be evicted.
  • The wristband entitles you to access the festival site for the duration of the period specified on the ticket.
  • The festival ticket and/or the wristband is valid as a 2nd class ticket for the Zürich Transport Network ZVV for the duration of the period specified on the festival ticket.
  • Tickets, complimentary tickets or wristbands cannot be replaced if lost.
  • Anybody found without a properly worn wristband at the festival site will be evicted and prosecuted.
  • No refunds for tickets will be given in this case.
  • You must not purchase tickets and complimentary tickets for re-sale. Relevant checks will be carried out by the Event Organiser.
  • Any infringements will lead to civil and criminal proceedings.
  • Only buy tickets from the established agencies specified by the Event Organiser.

General rules and regulations for stall holders

  • Traders may only operate from a stall after signing a contract with the Event Organiser. The General Terms and Conditions are an integral part of this contract.
  • Stall holders must be familiar with and adhere to the legal provisions concerning stall operation. Stall holders must comply with general legislation relating, in particular, to food legislation.
  • Stewards, if required, must be ordered in writing from the Event Organiser at the latest three weeks before the start of the festival. These kinds of services shall be invoiced at the current rates.
  • Each stall must be equipped with a fire extinguisher. This can be ordered in writing from the Event Organiser up to fourteen days before the event.
  • All stalls will be constantly inspected during the festival by the Event Organiser and respective agencies.
  • The Event Organiser reserves the right to close down any stalls that do not meet the required standards. – If a stall holder is closed down and/or evicted, they shall not be entitled to any rebate or compensation and are liable to prosecution. – All possible costs for proceedings, complaints and/or fines shall be passed on in full to the stall holder, including any costs of legal action.
  • The stalls must never be sublet.
  • The stall holder must be the same person as named on the contract or have been fully and lawfully authorised by the said person.
  • Emergency power systems (diesel, generators, etc.) are not permitted. The prior written consent of the Event Organiser is required for all electrical and technical equipment.

Stall operation, cleaning, waste and safety

  • There shall be no burning of straw or any other waste products on the site at any time.
  • All stall holders will be required to separate waste produced into PET and other waste products, making sure it is bagged and stowed accordingly ready for disposal.
  • Special waste products, such as glass, oil and grease, must be disposed of correctly by the stall holder.
  • The Event Organiser reserves the right to check adherence to this point and to give instructions if deemed necessary. Stall holders who fly-tip or dispose of waste incorrectly will be fined accordingly.
  • Food and drinks and other products must not be sold without written approval of the Event Organiser.
  • The stall shall only be deemed accepted once written confirmation has been received from the representative of the Event Organiser.
  • Stall holders found guilty of leaving the festival site without cleaning up the respective stall(s), or who are unable to produce a signed acceptance form, will receive a fine of at least CHF 500 — Stall holders will be invoiced separately for any additional cleaning services and costs.
  • Stall holders must not use food service disposables, such as paper, dishes, table sets, napkins, or any other advertising materials that display different logos/trade names than those of the sponsors of the Event Organiser in the respective year.
  • The Event Organiser reserves the right to operate its own stalls (both non-food and food stalls).
  • Stall holders are responsible for the safety of their stalls. The Event Organiser shall not be liable for any direct, indirect or consequential loss.
  • A security service can be ordered in advance from the Event Organiser.
  • Stall holders shall be liable in full for any damage which they cause to the Event Organiser or a third party.

Traffic

  • Vehicle access to the site requires the approval of the Event Organiser. Permission is granted in advance.
  • Vehicle access to the site must occur in line with instructions given by the Event Organiser at the Check-In counters (pay attention to the “CI” signs).
  • Vehicles that do not adhere to the entrance times stipulated by the respective representative of the Event Organiser will be refused entry or have to accept long waiting times. The Event Organiser will not be liable for any loss of earnings or damage whether direct or indirect.
  • The vehicles of non-food stall holders are only permitted to enter and leave the festival site to unload and load goods. The vehicles of non-food stall holders are not allowed to access the festival site for the duration of the festival.
  • Vehicle access for replenishing products at food stalls is specified separately in the food stall holders contract.
  • Only vehicles displaying the relevant permit in the windscreen will be allowed access to the festival site. Permit, entrance tickets and entrance times as well as all allocated stall number(s) and a site map will be sent to stall holders along with the contract or handed over personally.
  • The road must be kept clear of materials and vehicles at all times. Any vehicles parked illegally and causing obstruction or congestion will be towed away and the costs incurred in moving the vehicle will be passed on to the vehicle’s owner.
  • Vehicles parked on the festival site on the roads surrounding the festival site will be towed away without any further warning and the costs incurred in moving the vehicle will be passed on to the vehicle’s owner. All costs will be passed on to the vehicle’s owner as soon as the tow truck has been called to pick up the vehicle.
  • Only the festival car park should be used. When parking, drivers must comply with any and all instructions given to them by the stewards.
  • Use of the car park for sleeping or camping purposes is not permitted.
  • Vehicles are parked at the driver’s own risk. Incorrectly parked vehicles will be towed away.
  • Public transport should be used whenever possible.
  • A wristband or festival ticket entitles the wearer/holder to use the shuttle bus from the car park to the festival site and vice versa.

Infrastructure / Installation for stall holders

  • The infrastructure must be fully installed by 11.00 am on the day of the festival.
  • Note that installation noise must not be heard from midday to 1.00 pm and from 10.00 pm to 7.00 am.
  • Stall holders must comply with any and all instructions given to them by the representatives of the Event Organiser during assembly and disassembly.

Disclaimer

  • The Event Organiser shall not be liable for any loss or damage whatsoever arising from their own or any other individual’s conduct, provided this is legally permitted. The Event Organiser is unable to accept any liability for personal or property damages, losses or injuries sustained by festival visitors or stall holders at this event through a third party.
  • The Event Organiser has appropriate insurance in place to cover any loss, damage or theft to equipment hired from third parties. Existing appropriate insurances are expected and required, as only subsidiary insurance cover is provided by the Event Organiser.
  • The Event Organiser cannot be held liable for any loss, theft or damage to property at the festival. During the festival lost property will be taken to the Festival Info Point. Items will be kept for a period of fourteen days following the festival after which time they will be transferred to the Lost Property Office of the City of Zürich.

Use of the festival site / Camping

  • Visitors are permitted to use the festival site from when it opens to when it closes. The times are published online at www.zurichopenair.ch.
  • Camping on the festival site is possible and warranted as long as space is available. There is no entitlement to a camping spot.
  • Live-in vehicles/campervans/caravans cannot enter the festival site.
  • You must comply with any and all instructions given to you by the Event Organiser, staff and stewards.
  • Use of the festival site for sleeping or camping from Sunday to Monday is not permitted.

Compensation for damages

  • The Event Organiser and its agents or representatives shall not in any circumstances be responsible or pay any compensation for any claims of any description if they result from positive breach of contract, violation of any pre-contractual obligations and unlawful acts, unless due to the negligent act or omissions of the Event Organiser, its legal or statutory representatives or its vicarious agents.
  • Claims for compensation based on impossibility of services and default shall be restricted to compensation for foreseeable damages in the case of slight negligence, provided that this liability is not completely and expressly excluded.

Ticketing

  • Presentation of the various types of ticket in the online shop does not represent a legally binding offer, but rather a non-binding overview. Adding a product to the basket does not represent a binding order. The products contained in your basket are only ordered conclusively after clicking on the respective order button on the order page. The order will not be deemed a binding agreement of sale until confirmation has been issued.
  • All payment transactions are processed using proven technology from payment gateway service provider Stripe. The actual Event Organiser does not save any credit card data.
  • The person ordering the ticket assumes full liability for the computer hardware, software, network infrastructure and Internet connection used to order the ticket. The Event Organiser is not obliged to support certain hardware and software. The Event Organiser shall not accept and explicitly excludes any liability for damage or the impossibility or impracticability of order transaction performance.
  • The buyer of the ticket is additionally solely responsible for all order transactions processed through his/her account. He/She is responsible for ensuring that no unauthorised access is obtained to the account. The account should always be protected by use of an appropriate password.
  • The Event Organiser shall not be liable for any changes to the artist and performer line-up, playing times, festival venue or any other aspect of the festival.
  • Tickets must not be torn or missing any part of the stub when shown at the entrance and must be machine readable. Tickets must be protected, in particular, from dirt and moisture. Tickets cannot be exchanged, transferred or refunded after purchase.
  • The illicit trading of tickets, whilst pursuing the objective of making a profit, is strictly prohibited. The same applies to counterfeiting, duplicating and copying tickets.

Final provisions / Place of jurisdiction

  • Any amendments to these General Terms and Conditions must be made in writing. There are no supplementary agreements, with the exception of any special written agreements made with stall holders and other contract partners.
  • These Terms and Conditions are subject to change from time to time without notice and in the Event Organiser’s sole discretion. In the event of any inconsistency, the up-to-date General Terms and Conditions published on the Event Organiser’s website shall prevail. Using the services or purchasing a ticket constitutes acceptance of these General Terms and Conditions.
  • The General Terms and Conditions are an integral part of all contracts relating to ZO Festival AG.
  • Any disputes arising out of these General Terms and Conditions are subject to the exclusive jurisdiction of the Zürich courts. These General Terms and Conditions are governed by Swiss law without giving effect to any principles of conflict of law.

Zürich, 08.12.2018