CONDITIONS FOR PARTICIPATION IN THE FESTIVAL – VISITOR RULES
1.1 These Visitor Rules are guidelines issued by the company Colour Production, spol. s r.o. Company ID No.: 258 30 210, with its registered seat in Dolní Lhota, district of Opava, Lomená 349, postal code: 747 66, listed in the Commercial Register maintained by the Regional Court of Ostrava, Section C, File 19967 (hereinafter referred to as the “Operator” or the “Organiser”), which establishes basic binding rules for visitors entering the Colours of Ostrava 2019 festival site and making use of facilities located on the site (hereinafter referred to as the “Visitor Rules”).
1.2 The primary purpose of the Visitor Rules is to ensure personal safety, fire protection, hygiene, health protection and protection of the property of Colours of Ostrava 2019, as well as to provide ideal conditions for the course of all events (hereinafter referred to as the “Events”) which will take place during Colours of Ostrava 2019. The Visitor Rules are also intended to provide a pleasant social atmosphere on the site of Colours of Ostrava 2019.
1.3 For the purposes of these Visitor Rules, the Colours of Ostrava 2019 site shall mean the visibly bordered premises of the Operator in the Lower Vítkovice district. The Colours of Ostrava 2019 site will be open to the public every day from 6:00 p.m. on 14/07/2019 until 8:00 p.m. on 26/07/2019.
1.4 The Colours of Ostrava 2019 site is visibly bordered by a fence and the site can only be entered with a valid ticket or other identification determined by the Operator. By purchasing a ticket and/or presenting a ticket upon entering the site and/or an event held on the Colours of Ostrava 2019 site, all visitors express their consent to the terms and conditions established within these Visitor Rules. At the moment of entering the Colours of Ostrava 2019 site, these Visitor Rules become binding for all visitors and shall remain so for the duration of their visit. For the purposes of these Visitor Rules, a visitor and/or the public shall mean every person entering the Colours of Ostrava 2019 site, including media representatives and technical staff.
1.5 The provisions of these Visitor Rules shall apply equally to any persons entering the Colours of Ostrava 2019 site on the basis of a special contract with the Operator and/or its contractual partners.
2. Colours of Ostrava 2019 Festival Site
2.1 By purchasing a ticket or receiving an identification wrist band, a contract for participation at the Colours of Ostrava festival is entered into between the visitor and the festival Organiser, Colour Production, spol. s r.o., registered seat Lomená 349, Dolní Lhota, postal code 747 66, Company ID No.: 25830210. Upon presenting a ticket for entry to the festival, all visitors shall receive an identification wrist band, which replaces the ticket, entitling them to entry to the site. A ticket shall mean both a printed ticket enabling entry to the festival to an unspecified person and an electronic ticket (e-ticket) enabling entry to the festival to a specific person.
For the duration of their visit, all persons on the Colours of Ostrava 2019 site shall be obliged to wear an identification wrist band and/or to carry another document entitling them to be present on the premises. At the request of an employee of the Organiser and/or a person authorised by the Organiser and/or security services, they shall promptly present proof that they are entitled to be on the premises.
Anyone who is unable to provide proof of their right to be on the Colours of Ostrava 2019 site may not be admitted onto the premises and/or may be ejected from the premises.
Visitors and members of the public may only enter the Colours of Ostrava 2019 site or its respective defined zones with the Operator’s consent, during opening hours and in accordance with the terms and conditions laid down in these Visitor Rules. Any claims may only be made prior to entering the premises.
2.2 Supervision of compliance with and respect of these Visitor Rules on the Colours of Ostrava 2019 site shall be carried out by properly marked employees of the Operator and other persons authorised to do so by the Operator, as well as properly identified officers of the Police of the Czech Republic and the Ostrava Municipal Police within the extent of their legal powers.
2.3 Persons under the influence of alcohol or other addictive and narcotic substances, as well as persons whose behaviour endangers the safety and/or health of others and/or property situated on the Colours of Ostrava 2019 site, shall lose their right to be on the premises and may not be admitted onto the site and/or may be ejected from the premises by an employee of the Organiser and/or another person authorised to do so by the Organiser and/or by security officers. By the same token, persons who break any of these Visitor Rules or persons who do not respect the instructions of the Organiser’s employees or other authorised persons may not be admitted onto the Colours of Ostrava 2019 site and/or may be ejected from the premises.
2.4 Persons who are not admitted onto the Colours of Ostrava 2019 site and/or who are ejected from the premises under the terms and conditions contained in these Visitor Rules shall not be entitled to a refund of the ticket price or other costs related to entry and participation in the Colours of Ostrava 2019 festival. The Organiser may also restrict entry to or ban persons specified under this provision from entering the Colours of Ostrava 2019 festival site entirely.
2.5 The sale of tobacco products and alcohol to persons under 18 years of age on the Colours of Ostrava 2019 festival site is prohibited.
3. Visitors’ Obligations
3.1 Visitors to Colours of Ostrava 2019 are obliged to conduct themselves in a manner which does not endanger the health and/or safety of other persons and/or their property, as well as facilities located on the Colours of Ostrava 2019 site while on the premises. Furthermore, their behaviour must not restrict, endanger or disturb other persons beyond the extent corresponding to circumstances arising form the course of the Colours of Ostrava 2019 festival.
3.2 Visitors to Colours of Ostrava 2019 are obliged to adhere to the instructions and commands of the Organiser’s employees and/or persons authorised by the Organiser and/or security services, as well as the instructions and commands of the Police of the Czech Republic, the Ostrava Municipal Police, the Fire Rescue Service of the Moravian-Silesian Region and the Emergency Medical Service of the Czech Red Cross.
3.3 Visitors to Colours of Ostrava 2019 are obliged to respect the regulations arising from these Visitor Rules,generally binding legislation, and rules of decent behaviour and good manners.
3.4 Visitors to Colours of Ostrava 2019 are in particular prohibited from bringing the following items onto the Colours of Ostrava festival site:
a) racist, derogatory, vulgar or other such materials contrary to good morals;
b) weapons of any kind, as well as any items which could be used as weapons to cut, stab or strike, or any other items which could endanger the safety, health or lives of visitors (e.g. scissors, etc.);
c) sprays, caustics, flammables (e.g. perfume in containers with a volume in excess of 200 ml), explosives, dyes or other substances dangerous to health;
d) bottles, dishes, cans or other items made of breakable, shatterable, or exceptionally hard materials;
e) fireworks/rockets, flares, smoke bombs and other pyrotechnic items or launchers;
e) alcoholic beverages and/or addictive and intoxicating substances;
f) animals, with the exception of assistance dogs;
g) materials promoting a political party or movement or any politically-oriented materials;
h) excessive baggage and luggage, bicycles;
i) umbrellas, psychotropic substances,
j) laser pointers,
k) recording devices, film and video cameras, professional and semi-professional cameras and single-lens reflex cameras.
The right to decide on the danger and/or unsuitability of individual items brought onto the Colours of Ostrava 2019 festival site by a visitor is reserved by the Operator or persons authorised by the Operator, particularly senior security service employees (supervisors) and/or their superiors. Controls may be carried out during entry onto the premises or at any time after a visitor has entered the Colours of Ostrava 2019 festival site. The Operator or an authorised person may ask visitors to leave unsuitable items or excessive baggage in the left-luggage room, which is located next to the ticket office at the entrance to the Colours of Ostrava 2019 festival site. The decision of such persons is binding for visitors to the premises.
3.5 Visitors to Colours of Ostrava 2019 are obliged to allow employees of the Operator, and/or other persons authorised by the Operator, to carry out inspections of items and luggage introduced to the premises in order to ensure compliance with the preceding provision.
If visitors refuse to submit to an inspection in accordance with this provision, they may not be admitted onto the Colours of Ostrava 2019 site and/or may be ejected from the premises.
3.6 Visitors to Colours of Ostrava 2019 consent to the performance of safety inspections for the purpose of verifying compliance with these Visitor Rules, specifically inspections of both visitors’ luggage and of their persons by employees of the Operator and/or persons authorised by the Operator and/or security services upon entry to the Colours of Ostrava 2019 festival site.
If visitors refuse to submit to a safety inspection, they may not be admitted onto the Colours of Ostrava 2019 site and/or may be ejected from the premises.
3.7 Visitors to Colours of Ostrava 2019 are further prohibited from:
a) exhibiting, disseminating or publicly promoting slogans and images of a racist, derogatory or vulgar nature, or a nature which otherwise contradicts good morals, and/or from encouraging such behaviour in others;
b) promoting any political party or movement, product or service;
c) climbing onto or entering any structures or equipment on the premises, particularly façades, fences, walls,barriers, lighting equipment, trees, columns, roofs, banks, supporting structures, etc.;
d) entering areas which are off limits to the public and which are signposted as such;
e) throwing any items into spaces where visitors are moving around, particularly sports surfaces, stages and auditoriums;
f) capturing any kind of sound or video recordings on the Colours of Ostrava 2019 site for commercial purposes or photographing any performances with professional or semi-professional cameras and single-lens reflex cameras without the Operator’s prior written consent;
g) smoking in areas not designated by the Operator;
h) bringing drinks onto the Colours of Ostrava 2019 festival site;
i) lighting fires and igniting and launching any kind of pyrotechnics;
j) arbitrarily moving or otherwise tampering with equipment and/or other gear located on the premises;
k) tampering with water, electricity or air distribution systems or other equipment located on the premises in any manner;
l) destroying any equipment and other gear located on the premises, including the park’s trees and grass;
m) writing on, putting stickers on or painting on any equipment, gear or paths on the premises;
n) relieving themselves outside the toilets or contaminating the premises in any other manner;
o) driving onto the premises without the prior consent or possibly the instructions of the Operator and/or another authorised person;
p) threatening or committing acts of violence against individuals and/or groups of persons, and/or encouraging such behaviour in others;
q) selling tickets and any kind of goods without permission,
r) distributing or placing any kind of promotional or advertising materials on the festival site without written permission from the Organiser!
s) entry with dogs and other animals!
3.8 Visitors are not entitled to carry out any kind of business or other similar activities, or to distribute and/or sell any kind of items to other visitors, including newspapers, magazines, advertising brochures, or other printed materials, or to store any kind of items on the Colours of Ostrava 2019 festival site without the Operator’s prior written consent or in conflict with the terms and conditions stipulated in written consent granted by the Operator.
3.9 Visitors take part in the festival exclusively at their own risk, are liable for any damages which they may cause, and acknowledge the fact that if they remove their identification wrist bands, the contract shall be rendered invalid and they shall not be entitled to demand entry to the festival.
3.10 As part of the safety measures, participants in the festival undertake
a) to provide reasonable personal assistance in the event of fire, natural disaster or other emergency, provided that they do not put themselves or close persons at serious risk, or important circumstances and required material assistance do not prevent them from doing so.
b) to only dispose of ash and cigarette butts and other tobacco products into designated containers. to pay attention to safety when lighting tobacco products (safety matches and lighters).
c) not to smoke in buildings and spaces marked with “No smoking” signs.
d) not to damage safety signs.
e) not to damage or restrict the use of installed portable fire extinguishers in any manner.
f) not to damage or restrict the use of fire hydrant systems or other fire safety equipment in any manner.
g) not to damage or tamper with installed electrical equipment in any manner.
h) not to damage or restrict the use of controls of installed technical equipment (electrical distribution cabinets, main switches, main water valves, etc.) in any manner.
i) in the event of a fire alarm, to follow the instructions of the event Organiser, preventive fire patrol members, security guards and, if necessary, members of intervening Integrated Rescue System units.
4. Liability for Damages
4.1 The Organiser shall not be liable for damages to the property or health of visitors to the festival unless such damages are caused by a violation of the law on the part of the Organiser and in direct relation to such a violation. Liability for damages caused by the Organiser is limited at the most to the amount corresponding to the price of the ticket purchased by the visitor.
4.2 In their own interest, visitors, especially senior or physically disabled persons, must move around on smooth and uneven surfaces with caution in order to avoid injury. The Organiser shall not be liable for damages resulting from an accident which a visitor causes through carelessness or by failing to observe the Visitor Rules.
4.3 Visitors are obliged to hand in any items found on the Colours of Ostrava 2019 festival site to the Operator and/or a person authorised by the Operator and/or the security service.In the event that visitors to the Colours of Ostrava 2019 festival find any suspicious items or items which are capable of endangering the property, lives and/or health of other persons, they shall be obliged to inform the Operator and/or a person authorised by the Operator or the security service without delay. Every visitor shall be liable to the Operator and or any third party for damages caused due to a breach of these Visitor Rules and/or other binding legislation.
4.4 The Operator is entitled to request that visitors hand over any items which are the cause of injury and or damages to the Operator and/or any third parties.
4.5 Visitors are obliged to inform the Operator and/or security service of any accidents and/or damages which occur on the Colours of Ostrava 2019 festival site.
4.6 In the event of evacuation of the Colours of Ostrava 2019 festival site or other emergency situations, visitors are obliged to observe the site’s “Fire Alarm Guidelines and Evacuation Rules”, and, at the same time, are obliged to follow the instructions of the Operator and/or a person authorised by the Operator, or the security service and/or Integrated Rescue Service unit. The Fire Alarm Guidelines are an integral part of these Visitor Rules and form Annex No. 1.
Article 5 – Other Provisions
5.1. The Organiser processes some of the Visitors’ personal data as a personal data controller within the meaning of Article 4 (7) of Regulation (EU) No. 2016/679 of the European Parliament and of the Council, the so-called General Data Protection Regulation (hereinafter referred to as the “Regulation”). Comprehensive information on the processing of personal data within the Colours of Ostrava Festival within the meaning of Article 13 of the Regulation, including information on the purpose of the individual processing activities, legal basis for the processing, the personal data recipients and the rights of the Visitor as a data subject are listed in a separate annex to these visiting rules through the www.colours.cz website and at the Festival venue.
5.2. By entering the premises, Visitors to the Colours of Ostrava 2019 Festival venue consent, without further notice, to the free use of their image or likeness as part of any visual recording, broadcast or production of an event taking place at the Colours of Ostrava 2019 Festival venue, for commercial or promotional purposes within the meaning of Section 84 of Act. No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) as part of the depiction of all or part of an event taking place at the venue by the Organiser and/or its contractual partners. Consent to the use of an image or liking in accordance with this provision is granted by the Visitors to the Organiser and their contractual partners for an indefinite period, and the Visitor is entitled to withdraw this consent, and unless the withdrawal is due to a substantial change of circumstances or other reasonable reason, the Visitor is liable to the Organiser for any damage within the meaning of Section 87 (2) of the Civil Code caused by the withdrawal of consent. The processing of personal data within the use of the Visitors‘ visual recordings shall be governed by the privacy notice on the processing of personal data pursuant to the paragraph above.
5.3. Visitors to the Colours of Ostrava 2019 Festival further acknowledge the fact that audio and/or visual recordings may be captured at the Colours of Ostrava 2019 Festival venue for the purpose of print, radio, television and other similar news coverage. Visitors acknowledge that their consent is not required to obtain such recordings within the meaning of Section 89 of the Civil Code if such recordings are used in a reasonable manner and if such use is not in conflict with Visitors’ legitimate interests.
6. Final Provisions
6.1 These Visitor Rules may be further supplemented by rules relating to individual events organised on the Colours of Ostrava 2019 festival site. Such supplementary rules will always be suitably published on the Colours of Ostrava 2019 festival site or available from the Operator or security service, and visitors shall be obliged to observe them.
6.2 Annex No. 1, Fire Alarm Guidelines, forms an integral part of these Visitor Rules
6.3 These Visitor Rules shall enter into effect on 14/07/2019.
6.4 Rights and obligations not expressly regulated by these Visitor Rules shall be governed by generally applicable legislation, in particular Act No. 89/2012 Coll., the Civil Code, as amended and effective.
6.5 The Organiser reserves the right to alter these Visitor Rules at any time.
6.6 Important phone numbers:
Emergency services 112
Crisis line 737 576 677
NON-STOP medical service 739 807 020
Ostrava, 10 June 2019, m.p.
Mgr. Zlata Holušová