Terms and conditions – ON AIR Festival

GENERAL PROVISIONS

The present terms and conditions (hereinafter referred to as “Terms and Conditions “) were issued in accordance with the articles of Mass Events Safety Act published on March 20th, 2009, consolidated text, Journal of Laws of 2017 item 1160 (hereinafter referred to as “Act”) and in accordance with the articles of Civil Code.
The Terms and Conditions are issued by the promoter of event under the name “On Air Festival”, which will take place on 9-10.09.2022 in Warsaw - Bemowo Airport (hereinafter referred to as “Event”), that is, Follow The Step Sp. Z o.o. residing in Warsaw, ul. Smolna 38/1, entered in the register of companies by the 13th division of the District Court for the City of Warsaw under KRS number 0000766893, (hereinafter referred to as ‘Promoter').
The Terms and Conditions are intended for all persons who will be staying in the area where Event will be taking place, in the course of Event. Every person staying in this area in the course of Event is obliged to abide by the provisions of these Terms and Conditions.
The aim of The Terms and Conditions is to ensure the safety of Event by defining the rules of the rules and conditions of participation in the Event and rules of behaviour of persons present at Event and of their use of the venue where Event is taking place as well as the use of the facilities situated in the venue, and, furthermore, to regulate the rights and duties of the participants of Event related to the purchase of the entrance tickets to Event.
The terms used in the Terms and Conditions hereunder shall have the following meaning: “Ticket”: an individual permit of admission to Event, which must be exchanged for a wristband (Wristband) when entering Event Venue for the first time. “Wristband”: an Wristband issued by Promoter at the entrance of Event Venue in exchange for Ticket; Wristband has the form of a wristband, the design of which is established by The Promoter ,fixed permanently on the wrist; Wristband can be used by one person only with restriction of the provisions point 18 and 19 of these terms and Conditions;; damaging or tearing off of Wristband makes it invalid; transfer of Wristbands is forbidden; Each Event Participant exchanges his ticket-to-wristband in person:

“Area”: all of the Areas of Event Venue; Venue may be changed due to important reasons.

“Security Service” and “Information Service”: the persons appointed by The Promoter, including the employees of a security agency, carrying ID badges, to ensure the safety of persons participating in Event as well as to control the rights of Participants to enter Event Venue. The Security Service and Information Service members possess ID badges placed where they are visible, containing: the name of the issuer, identification number and photograph, expiry date, the stamp and signature of the issuer;

“Event Venue”: a designated part of Bemowo Airport in Warsaw, where Event is taking place or any other place to which Event may be moved to for important reasons and which will be announced to the public before Event.

“Event Participant “: a person taking part in Event on the basis of Wristband issued in exchange for Ticket. Event Participant may be a minor up to 16 years of age (under the supervision of an adult person) after purchasing Tickets for both the minor and the adult; purchasing the tickets does not concern a minor under 3 years of age. Minors over 16 years of age may participate in the Event without adult supervision. Parents and guardians are obliged to possess a document confirming the first and last name and the age of the child. If there is no document confirming child's age, there is an obligation of purchasing a ticket for a child or admission to the Event is impossible.

SALE OF TICKETS

The pass should be exchanged for a wristband at the Festival Center at ul. Smolna 38. The band entitles you to enter all concerts taking place in COS Torwar and in smaller festival clubs (until the limit of places available to the public is exhausted).
The Buyer declares that he is aware that the Event is intended only for people holding a valid European COVID-19 Certificate and a health declaration. The Organizer has the right to verify at the entrance to the European COVID Certificate Event with people who have tickets for the event.

Failure to submit the declaration referred to above by the Event Participant or failure to have a valid European COVID-19 Certificate will result in the refusal to exchange the Ticket for an Identifier and, consequently, refusal to enter the Event, without the right to complaints or other claims.

Tickets are sold only at www.followthestep.com, www.goingapp.pl, www.eventim.pl, and at authorized points of sale (Empik and MediaMarkt stores). A service fee may be added to the price printed on the ticket, depending on the fees applicable in individual ticket sales channels. The list of other authorized points of sale is available at www.followthestep.com
In justified cases, in particular for technical or production reasons, the organizer is entitled to return the ticket or change the originally ordered seats to other ones, both before and during the event.
The resale of Tickets at auctions, auctions or in any other way indicating the commercial nature of such resale is prohibited. It is forbidden to publicly offer the transfer of ownership of Tickets, including as prizes in contests, lotteries, bonus sales or any other promotion, even if it is free of charge.

The organizer informs that in accordance with art. 133 of the Act of May 20, 1971, the Code of Petty Offenses: "Whoever purchases tickets for artistic, entertainment or sports events or who sells such tickets for a profit, shall be subject to arrest, restriction of liberty or a fine. Attempted, inciting and aiding aids are punishable by law."

The ticket authorizing to enter the Event must be original, purchased in accordance with the provisions of these regulations. A ticket purchased in breach of the Regulations may be canceled by the Organizer. The Organizer warns that the purchase of Tickets from third parties carries the risk of buying a counterfeit ticket, which in turn results in the refusal to exchange the Ticket for an ID and access to the Event.

The Organizer informs that the unique barcode on each Ticket entitles you to one-time entry to the Event Venue. In the event of leaving the Event Venue, re-entry is possible only after purchasing another Ticket. The Organizer warns that if the Ticket is made available (in any form) to a third party, the Ticket may be used by that person, which will result in the Buyer of the Ticket being refused entry to the Event.
If the ticket is exchanged for an Identifier (wristband) at the first entry to the Event Venue. Each entry to the Event Venue is entitled only to the Participant with an undamaged ID fixed permanently on his wrist.
In the case of purchasing Tickets for several people, a third party whose data is not assigned to the Ticket in a way that allows their verification, is entitled to enter the Event area only at the same time as the Ticket holder whose data is assigned to the Ticket. In the case referred to above, the holder of the Ticket whose data is assigned to the Ticket is also obliged to enter the premises of the Event together with other persons who showed / scanned the Tickets in his presence. The organizer reserves the right to charge a fee for changing the data on the ticket.
If the Participant of the Event is a minor under the age of 16, he may participate in the Event only under the care of an adult - a legal guardian or a person authorized in writing by a legal guardian, who will provide a declaration of responsibility for a minor according to the formula developed by the Organizer. An adult may be a guardian of a maximum of five minors participating in the Event.
If a disabled person wants to participate in the Event together with a guardian, each of these persons is obliged to purchase Tickets.

The Ticket Buyer acknowledges that the Ticket entitles him to participate in many points of the Event / Festival program. At the same time, the Participant of the Event does not purchase a Ticket only for one or more selected program parts of the Event. Single program changes of the Event, caused e.g. by logistic or technical difficulties, do not entitle buyers to return the Tickets.

Return or exchange of tickets is possible only in the event of the Event being canceled, a significant change in the venue or the date of the Event. In such a case, the Organizer each time announces the possibility and dates of returning the Tickets.

The return or exchange of Tickets related to the cancellation or change is possible only until the commencement of the Event. After the Event has started, it is only possible to initiate a complaint procedure, regardless of whether the admission ticket has been used.

Tickets may only be returned at the place of purchase.
The Ticket Buyer and the Event Participant acknowledge that the Organizer does not provide for the possibility of transferring Tickets to other users of the Going App.
The Organizer is not responsible for Tickets purchased at unauthorized points of sale, which are provided by the organizer in the official communication of the event.
The Organizer is not obliged to refund the unused Ticket.

ADMISSION TO EVENT VENUE AND AREAS:

The admission to Event Venue is granted to all who possess an identification document and Ticket which, at the first entrance into Event Venue, will be exchanged to Wristband. Each next admission to Event Venue is granted to Participants carrying an undamaged Wristband fixed permanently on their wrists.

If Participant of Event is a minor up to 16 years of age, he/she can participate in Event only if supervised by an adult person who - legal guardian or a person authorised in writing by the legal guardian who on entering Event for the first time, will present the declaration of taking responsibility for the minor, according to the template provided by Promoter. An adult person may be a carrier of a maximum of 5 minor persons participating in the Event.

Irrespective of meeting the conditions stated above in point 21 above, in accordance with the Provisions of the act, Promoter is obliged to refuse admission to Event Venue to the following:

persons on whom the following ruling was made forbidding them an admission to mass events, or obliging them to refrain from staying in the areas where mass events are taking place, made by the court on a convicted person owing to conditional suspension of the execution of imprisonment or on a juvenile on the basis of article 6 point 2 of the act of October 26th, 1982 Act on proceedings in cases of juveniles. This also applies to persons, against whom a national or international stadium ban has been issued, within the meaning of the Act,
persons who refuse to undergo the activities described in point 34 -a) -c) of the Terms and Conditions.
persons under the visible influence of alcohol, intoxicants, psychotropic drugs or any other substances with similar effect;
persons carrying weapons or other dangerous objects, explosives, pyrotechnic materials, flammables, alcoholic drinks, psychoactive agents or substances.
persons acting violently, provocatively or in any other way which might threaten safety and order of Event;

The decision whether or not the objects are dangerous rests upon the Security Service.

The Promoter may refuse admission to the Event and the right to remain in Event Area to the following:

persons without Wristbands;
persons wearing boots with metal endings;
persons whose appearance makes their identification impossible;
persons who do not have identification documents.

Admission to specific Areas is granted to persons carrying an appropriate Wristband.
The persons with disabilities who want to participate in Event with their supporting person are obliged to purchase Ticket for each person individually.
Children who on the day of admission to the Event are not 3 years of age yet do not have to have a ticket for the Event. Children who on the day of Ticket to wristband exchange are over 6 years old are obligated to present a valid Ticket. In case that a document confirming child's age cannot be presented a surcharge should be bought to a Ticket in amount equal to difference between the Ticket value and the Ticket with discount value according to the price list being in force on the day of purchase or purchase a Ticket.

ORDER AND ORGANIZATIONAL REGULATIONS BINDING IN EVENT VENUE

The Promoter ensures the safety of the persons present at Event as well as the order in the course of Event, by, among others:

providing Security Service and Information Service with distinctive elements of clothing;
appointing a security manager, in charge of Security Service, Information Service and the management of their work;
providing medical assistance and sanitary facilities;
changing the place of Event, shall the need arise.

Event Participants and any other persons staying at Event Venue are obliged to comply with the orders of Security Service, including the security manager. The refusal to comply with these orders may result from the fact that they are in contradiction with the generally binding law.
Event Participants and any other persons staying at Event Venue are obliged to behave in a way which does not threaten safety of other persons taking part in Event and, in particular, to abide by the provisions of the Terms and Conditions. It is forbidden to damage signs and information boards, advertising media, devices and equipment located in Event Venue, etc. Participants are obliged to use sanitary facilities only for their intended purpose.
Event Participants,as well as any other persons who are at Event Venue are obliged to wear valid Wristbands on their wrists. The lack of Wristband or the possession of a broken or damaged wristband or the one not fastened on the hand is tantamount to expel such person from Event Venue. In case of breaking or damaging the wristband (at event venue), Event Participant is obliged to report to the security manager at the Event Venue exit gate with the damaged wristband immediately to replace the damaged wristband with a new one. Only the Wristband damaged inside Event Venue, and not outside it, is subject to replacement. Leaving the Event Venue with damaged or removed Wristband without notifying the Security Manager is tantamount to quitting the Event with no re-admission.
If Participant notifies Promoter beforehand on the need to remove Wristband after leaving Event Venue on a given day and prior to re-entering Event Venue on the following day (e.g. due to the occupation performed by Participant), only the same Participant shall be entitled to re-enter Event Venue and to obtain a new Wristband upon returning the previous Wristband and having the Participant's identity verified by Promoter. Participant shall make the aforementioned notification in the information points, located in front of each entrance to Event Venue. The notification should be made before Participant enters Event Venue for the first time or, at the latest, prior to when Participant leaves Event Venue; in this case, Participant is obliged to produce a non-damaged Wristband on their wrist and an identification document. Participant shall collect the new Wristband in the point where the notification was made. The described procedure entails the Participant bearing the handling fee in the amount of PLN 5 per each wristband change. The above procedure shall not apply to wristbands removed by Participants without prior notice to Promoter.
It is forbidden to:

bring in and carry during the Event: cameras, camcorders and audio-video recording equipment ( with the exclusion of mobile phones), or to bring photographic equipment which might be used for professional reasons, e.g. cameras with interchangeable lens and/or zoom over 6x is forbidden. Tripods and the so-called “selfie sticks” are not allowed and photos must be taken for personal use only. Taking photos should not obstruct the view of other audience members.
to bring in dogs and other animals into Event Venue. The prohibition does not concern guide dogs.
bring in drinks and food, excluding persons whose health condition requires specific diet confirmed with medical certificate.
bring in and carry, as well as use over the Event Venue or in close contact to the Event Venue unmanned airships, drones or any other objects floating in the air.
bring in and use on the Event Venue any skateboards, longboards, two-wheeled vehicles, roller blades and roller skates.

The Promoter is entitled to record the proceedings of Event, in particular, persons' conduct, by means of sound/image recording devices, within the scope defined by Act and executor provisions. The materials obtained by the recording of the proceedings of Event may be used as evidence to initiate criminal proceedings or proceedings in cases of offences, or as evidence significant for such proceedings being in progress will be handed over by the Promoter to the district prosecutor appropriate for Event Venue or the Police. The materials obtained by the recording of the proceedings of Event which do not contain anything which may be used as evidence to initiate criminal proceedings or proceedings in cases of offences, or as evidence significant for such proceedings being in progress are stored for at least one month after the end of Event and then they are destroyed in front of the commission.
Security and Information Service, carrying ID badges placed where they are visible, are entitled, under the provisions of Act, to:

verify whether persons have the right to participate in Event, and in case of finding that they do not - call them on to leave Event;
check the identification documents of Participants in order to establish their identity,
inspect the contents of persons' bags and clothes in case of suspicion that these persons bring in or carry objects described in points 13 d), 14 d) or point 21 of the Terms and Conditions,
give safety orders to persons disturbing the peace or acting against the Terms and Conditions of mass events, and in case their orders are not carried out - call them on to leave Event;
in cases defined in article 11, point 1 and 2 of the Act of 24 May, 2013 on the means of physical coercion and firearms ( Journal of Laws, item 628), coercive means defined in article 12, paragraph 1, point 1, letter a and b, point 2, letter a and point 12, letter a in this Act;
apprehend persons directly threatening the life and health of other persons as well as the protected property, in order to hand them over to the Police immediately.

Security Service and Information Service are obliged to expel from Event Venue all persons whose behaviour disturbs public order or violates Terms and Conditions.
Depending on potential risk and needs, Security Service and Information Service members can be equipped with, among others:

handheld metal detectors,
specimens of tickets, wristbands and invitations,
other necessary and legally permitted means of personal protection.

A member of Security or Information Service verifies if a person is entitled to participate in Event by:

verifying whether the person has a valid Ticket and, after its exchange, a Wristband,
comparing the presented document with the specimen.

In case any objects which it is forbidden to bring in and possessed at Event are found in the inspected bags or clothes, a member of Security Service may refuse the person in whose belongings such objects have been found the admission to Event or expels the person from the area in which the Event is taking place.
In case any weapons or other dangerous objects, alcohol, explosives, pyrotechnic materials, flammable materials, intoxicants and psychotropic drugs are found in the inspected bags or clothes, a member of Security service apprehends the person in whose belongings such objects have been found and after confiscating these objects, writes a protocol of this action and then hands the person over to the Police along with the confiscated objects.
It is forbidden to perform any commercial or other economic activity without the Promoter's authorisation, as well as to perform any promotional or advertising activity in the Event Area without the Promoter's authorisation.
The Promoter establishes the following Areas of Event:

Technical and social facilities,
Standing audience,
Seating audience,
Main entrance units,
Permanent security points by security services.
Gastronomy Zones where beer up to 3,5% will be available (with the possibility of consumption only in these zones).

Promoter provides fire safety by ensuring that:

service staff, Security and Information Service and Promoter know the location of basic firefighting equipment and fire hydrants as well as fire Terms and Conditions;
Security and Information Service must be trained in: rules of conducting evacuation, methods of alerting Fire Brigade, rules of the use of basic firefighting equipment and first-aid.
In the course of Event, the Promoter and Event Participants, as well as any other persons staying in its venue are obliged to abide by the provisions of Education in Sobriety and Alcoholism Prevention Act.

RIGHTS AND DUTIES OF EVENT PARTICIPANTS:

Promoter informs that due to a considerable number of participants, the necessity to exchange tickets for wristbands and the necessary control and safety means used at the entrance to the Event, Participants are obliged to arrive at the Venue in an appropriate, no less than 2-hour advance.
Promoter informs that Event Participants, as well as any other persons staying in Event Venue, will be continuously exposed to loud sound, which may cause hearing damage. During Event, stroboscopic lights will be used.
The Promoter also records the proceedings of Event for documentation purposes as well as promotion and advertising of Event and events in the following years, the Promoter and sponsors.

COMPLAINTS

Any complaints may be submitted to the following correspondence address of The Promoter, within 21 days from the closing date of Event:

The Step SP. Z O.O.

Smolna 38/1, 00-375 Warszawa.

The complaint needs to include the name, surname and mailing address of a person filing a complaint, as well as reason for a complaint and the content of the claims.

The Promoter reviews complaints filed in accordance with points 36 and 37 above within 21 days from handling the complaint to the Promoter.

Warunkiem dochodzenia roszczeń jest wyczerpanie procedury reklamacyjnej, o której mowa w niniejszym rozdziale Regulaminu.
Exhausting the complaint is voluntary and is not the condition of submitting claims.
The administrator of personal data is FEST FESTIVAL SP. Z O.O. with headquarters in Warsaw, Smolna 38/1. Personal data are processed in order to resolve complaints. Providing personal data is voluntary, but necessary to receive a response to the complaint. The legal basis for the processing of personal data is their necessity to achieve the objectives resulting from legally justified interests pursued by the administrator, subject to consideration of complaints. The Administrator may process the personal data of the Participants as long as it is necessary to achieve the purposes for which the data was collected unless there is a technical, legal or other important reason justifying the removal, destruction or anonymization of these data.
A person who the data regards, has the right to request the administrator to access his personal data, rectify them, delete or limit processing, the right to object to the processing and the right to transfer data, as well as the right to file a complaint to the supervisory body.

PENAL PROVISIONS UNDER THE ACT

Whoever does not carry out the safety orders issued under the provisions of Act or by the Security or Information Service, is subject to punishment of arrest, restriction of liberty or a fine.
Whoever brings in or carries weapons, other dangerous objects, explosives, pyrotechnic products or materials likely to start a fire at Event is subject to punishment of arrest or restriction of liberty.

FINAL PROVISIONS

All rights to the name and logo of Event are reserved for the Promoter. Official programmes and Event-related merchandise will be sold exclusively at Event Venue or in the outlets authorised by the Promoter.
The status of the sponsor of Event is granted exclusively by the Promoter.
The Terms and Conditions are available:

- at the www.onairfestival.pl website.

Any correspondence to the Promoter must be sent to the address specified in point 47, in writing.
In the matters not defined by Terms and Conditions, the provisions of Act shall apply.
The Terms and Conditions come into force on April 5th, 2022.
The promoter has the right to change these Regulations, in particular due to the need to ensure the proper course of the Event and the safety of the Participants. Promoter informs of the changes in the Terms and Conditions on the festival website, that is www.onairfestival.pl

Terms & conditions Terms & conditions