1. INTRODUCTION
1.1.This Regulation of the “Danube Festival 2023” (hereinafter referred to as “Regulation“) apply to the organization and development of the event “Danube Festival 2023” (hereinafter referred to as “Festival“), organized and carried out by Mai Mult Verde Association in collaboration with H2Org Association (hereinafter referred to as “Organizer“) and contain the minimum provisions that each volunteer, guest, collaborator or participant of the event (hereinafter referred to as “Participant” or “Participants“) undertakes to observe.
1.2.The festival will take place on 12, 13, 14 September 2024 in county Tulcea, Sulina town. The dates on which the Festival will take place may be unilaterally changed by the Organizer and/or the Festival may be cancelled, for reasons related to the impossibility of organizing it under the desired conditions, or in case of force majeure or unforeseeable circumstances as defined by the legal rules in force, or depending on various situations that may arise along the way.
1.3.The organizer has the right to unilaterally change the rules without prior notice to the Participants. If the Regulation is amended, those amendments shall take effect immediately after publication on the Festival website (www.festivaluldunarii.ro). The organizer points out that the Regulation may be modified even immediately before the Festival and recommends Participants to check the possible changes of the Regulation on the Festival website, prior to the actual participation in the Festival.
1.4.The Regulation is valid indefinitely.
1.5.The Regulation can be found on the Festival website www.festivaluldunarii.ro and it will also be displayed at the entrance to the Festival area and other public areas within the Festival. By participating in the Festival, the Participant declares that he/she has read, understood and undertakes to comply with the Regulation.
2. GENERAL RULES OF ACCESS TO THE FESTIVAL
2.1. Entry to the Festival is free of charge, subject to the terms and conditions set out in these Regulation.
2.2. Each Participant in the Festival must carry a valid identity document, according to the legislation in force, for age verification and, if applicable, any other documents/declarations of access required according to these Regulation. At the request of the security team or representatives of the Organiser or other competent bodies or authorities, the Participant is required to present his/her identity card and access documents.
2.3.Entry to the Festival is possible only through the specially arranged places and at the times set by the Organizer and communicated on the Festival website (www.festivaluldunarii.ro).
2.4.In order to ensure the safe conduct of the Festival, the Organizer reserves the right to restrict the type of objects that may be brought into the Festival area, to limit or prohibit access of certain persons to the Festival area, and to impose any other measures deemed necessary and appropriate by the Organizer. In this regard, this Regulation provides in particular that:
- it is forbidden to enter the Festival with the following items:
- drugs, psychotropic substances, medicines, sprays (prescription medicines, insulin, drops – medical use, asthma inhaler spray are allowed only if accompanied by a medical letter or any other document replacing it and in the maximum recommended daily quantity);
- bottles (including perfume or deodorant bottles);
- fireworks, lasers;
- knives, weapons, blunt objects (access is allowed with selfie sticks – small in size and made of lightweight materials);
- pyrotechnic articles (access is allowed with lighters);
- flammable or explosive materials (access is allowed with external batteries);
- alcoholic beverages;
- any type of objects that can injure other Participants;
- umbrellas (in case of rain it is recommended to use capes);
- rollers, skates, bicycles, hover boards, and other similar goods;
- advertising or political content;
- tents (these are allowed exclusively in the specially equipped camping area), garden furniture and any other similar objects;
- drones, audio systems, musical instruments (access is allowed with cameras and camcorder, compact).
This list is not exhaustive and the Organiser has the right to deny access to the Festival to the extent that the object held by the Participant could endanger the safety of other Participants or present a danger to the safe conduct of the Festival.
All Participants are checked at the entrance to the Festival area for compliance with the Regulation in order to ensure their safety and the safety of other Participants and for the smooth running of the Festival. Refusal to search the Participant’s body or bags, backpacks, purses etc. will result in the Participant being denied access to the Festival area. Any prohibited items found during the check will be stopped at the entrance of the Festival, without the Organiser taking responsibility for them. The Participant has the right to return from the control at the entrance to the Festival and to leave the respective items in a place outside the Festival (car, hotel). If illegal objects (e.g., drugs, psychoactive substances) or illegal possession (e.g., a firearm held without a permit) are found on the Participant, the competent authorities will be notified and the necessary measures will be taken.
The Organiser informs that any Participant in the Festival must submit to control both at the entrance and inside, in special cases or at the request of the security team and/or the Organiser’s representatives. The Organizer also has the right to check the Participant, periodically, by survey or following a suspicion reported by the Participant or the security team and to confiscate any prohibited items found on the Participant.
- the following persons are prohibited from entering the Festival:
- intoxicated and / or under the influence of psychoactive substances;
- with violent/aggressive behaviour, both verbally and physically;
- who do not present valid identity documents and / or access documents required under this Regulation;
This list is not exhaustive and the Organiser has the right to deny access to the Festival to the extent that the person concerned could endanger the safety of other Participants or present a danger to the safe conduct of the Festival.
- for reasons relating to the health of the Participants and any rules in force at the time of the Festival, the Organiser reserves the right to:
- prohibit, limit or temporarily stop access to the Festival area, if it considers that the areas have reached their maximum capacity;
- request evidence confirming that the Participants’ state of health allows them to participate in the Festival and/or to apply measures to verify the state of health (e.g., by means of rapid testing, temperature taking, observational triage, etc.) and/or to impose any measures required by the state authorities imposed on event organisers to prevent and combat any situation that may put the Participants’ health at risk and to consequently refuse the Participants access to the Festival;
3. ACCESS OF MINORS
3.1.Minors under the age of 14 are allowed:
- only if they are accompanied by a parent or person exercising parental authority(guardian / legal representative); or
- in a suitably organised setting and accompanied by teachers, presenting a declaration of commitment and parental consent (available on the Festival website www.festivaluldunarii.ro) completed by the parent, guardian or legal representative, in original, which they must carry with them throughout the Festival and without which the minor will not be allowed to enter the Festival area, whether or not accompanied. The responsible person will provide within the declaration contact details to which he/she can be contacted in emergency cases;
3.2.Access for minors aged 14-18 will only be granted on the basis of a valid identity card and a declaration of commitment and parental consent (available on the Festival website www.festivaluldunarii.ro) completed by the parent, guardian or legal representative, in original, which they must carry with them throughout the Festival and without which the minor will not be allowed to enter the Festival area, regardless of whether or not they have an accompanying person. The responsible person will provide in the declaration contact details where they can be reached in case of emergency.
3.3. The Organizer does not undertake any responsibility regarding the verification of the signatures, respectively the manner of signing the declarations and these aspects remain the responsibility of the persons submitting the declarations.
3.4.Minors are prohibited from drinking alcoholic beverages, cigarettes and drugs.
3.5.The organizer recommends that all minors come accompanied to the Festival.
3.6.The organizer shall not be held responsible for any incident or accident concerning minors. The minors and/or their parents/guardian/legal representative/teacher are entirely responsible for them. The organizer draws attention to the fact that they have the obligation to supervise the minor and will be held liable for any damage resulting from non-compliance with this obligation.
4. ACCESS FOR PERSONS WITH DISABILITIES
4.1.The organiser recommends that all people with disabilities who fall into a disability category should come accompanied to the Festival.
4.2.Persons classified as severely disabled undertake the obligation to always come accompanied to the Festival, for reasons of personal safety.
4.3.With the exception of the enforcement of the legal obligations concerning the rights of disabled persons during events such as the Festival, the Organizer will not be responsible for any incident/accident involving disabled persons, and the entire responsibility will rest with the disabled persons and/or their companions.
5. PEOPLE WITH MEDICAL CONDITIONS
5.1.Participation in the Festival is made on their own responsibility and the Participants by attending the Festival declare that they are physically and mentally fit.
5.2.People with serious medical conditions are asked to register at the nearest first aid point and can attend the Festival only with a companion. People with mental or physical illnesses for whom crowded areas, loud noises, special sound, visual and audio effects represent a risk, undertake full responsibility for any injuries they may suffer by participating in the Festival. The festival can also include strong light effects, which could harm pregnant women, children or epileptic people.
6. VOLUNTEERS
6.1.The participation of individuals in the volunteer actions organized by the Organizer during the Festival will be done in accordance with the applicable legislation in the field, on the basis of a volunteer contract concluded between a volunteer and the Organizer, under which the first party undertakes to provide an activity in the public interest, without remuneration, and the second undertakes to provide an activity appropriate to the request or training of the volunteer.
6.2.The selection and recruitment of volunteers will be made according to their skills and competences, depending on the characteristics of the activity carried out during the Festival, based on their registration (by filling in the following form: https://wkf.ms/3s9q8jh) and verification of the cumulative fulfilment of the following conditions: a) he/she is at least 16 years of age; b) he/she knows Romanian or English written and spoken; c) he/she has the legal competence; d) he/she is in a state of health appropriate to the volunteer activities carried out within the Festival (the state of health shall be proved with medical certificates or other documents); e) he/she has not committed any acts of the kind that are registered in the criminal record; f) he/she has an appropriate behaviour and is a sociable, proactive nature. The organiser reserves the right to refuse a volunteer’s application for registration for good reason.
6.3.Volunteers shall duly comply with both the provisions of the voluntary contract concluded with the Organiser and the provisions of this Regulation.
7. FESTIVAL AREA
7.1.A variety of stages (e.g., for supporting concerts and screenings of environmental films during the Festival, etc.), areas (e.g., for food court, camping, relaxing and lounging, etc.) and activities (e.g., nature workshops, advocacy discussions, organisation of various water sports, etc.) will be available in the Festival area.
7.2.Information and First Aid points will be marked on the area of the Festival. Participants are advised to identify them carefully and to ask a member of the Organiser’s staff for information or help.
7.3.Members of the Organiser’s staff will be identified by their blue T-shirts with the Festival logo.
7.4.Participants are obliged to observe and not destroy materials and constructions of any kind within the Festival area.
8. BEHAVIOR DURING THE FESTIVAL
8.1. During and in the area of the Festival, in order to ensure the smooth running of the Festival, Participants have at least the following obligations:
- to refrain from any actions, statements or behaviour which may endanger the life, health or physical integrity of other persons or which may violate their personal rights;
- to refrain from carrying out any form of economic, commercial or advertising activity (including in the area in front of the entrance to the Festival area), or from any cultural or political movements, without the prior written permission of the Organizer;
- to refrain from any demonstrations of any kind, unless the Organiser has given its prior written approval;
- to show a civilized behaviour towards the other Participants of the Festival;
- to behave in a manner that does not disrupt, impede, limit or make impossible the entertainment of other Participants, the ability to move around the Festival area, access to the Festival area or the ability to leave the Festival area, as well as the use of services and/or products by other Participants;
- to fully cooperate at the request of the security team or representatives of the Organiser or other competent bodies or authorities, within the limits of the law, and comply with their instructions during the Festival in case of emergency or if other significant circumstances justify it (e.g., for reasons of public health, safety);
- to pay all services and products for which payment is charged;
- not to destroy furniture items, including constructions of any kind and to maintain cleanliness in the area, in particular not to destroy and maintain cleanliness in green spaces and / or any elements related to the ecosystem;
- to use the toilets in a civilized manner and appropriate to their destination;
- not to use fire by any means whatsoever (setting fires, atmospheric fires or any other open fire methods, fireworks) and flammable materials throughout the Festival area;
- to comply with the laws in force regarding smoking in enclosed spaces (smoking in enclosed spaces within the Festival area is strictly prohibited);
- to comply with any other provisions contained in this Regulation.
8.2.The sale of alcoholic beverages must comply with the law, and no such beverages may be offered to minors under the age of 18 or to intoxicated persons by any vendor at the Festival.
8.3.The use of substances qualified as drugs or any other psychoactive substances is prohibited within the area of the Festival and is punishable by law.
9. METHOD OF PAYMENT WITHIN THE FESTIVAL
9.1.In the area of the Festival there will be points where Participants can obtain products and services provided by the Organiser or its contractual partners.
9.2.The participants have the obligation to use only the methods and payment instruments established by the Organizer within the Festival area.
9.3.The method of payment for products and services offered in the Festival area is cashless – based on a special reloadable card that can be collected from the specially arranged stands inside the Festival with an ID. The cards can be loaded with the desired amount of money at the reloading points marked in the Festival and can be used for the purchase of food, soft drinks or alcoholic beverages, as well as for the purchase of products in the shop (merchandise – bags, t-shirts, books, etc.) and services offered in the Festival area.
9.4.Maintaining the integrity of the reloadable card is the sole responsibility of the Participant, who is solely liable in the event of its loss or destruction.
9.5.Participants can REFUND the remaining funds on their reloadable card until the end of the Festival on June 25, 2023 at the specially arranged stands inside the Festival.
10. SECURITY AND SAFETY ISSUES
10.1.The organizer will take appropriate measures so that the Participants are informed about the prevention and protection measures and activities within the Festival area.
10.2.During and in the area of the Festival, for security and safety reasons, Participants have at least the following obligations:
- to comply with the directions/instructions of the security team or representatives of the Organizer or other competent bodies or authorities and cooperate with them in case of emergency. In the unfortunate event of an incident involving violence or endangering the bodily integrity of other participants, the security personnel will be able to decide to evacuate the Participants involved from the area where the event takes place;
- to immediately communicate to the security team and/or representatives of the organizer any situation about which they have good reason to consider it a danger to the safety and health of the participants or any incidents suffered by themselves;
- to comply with the laws in force regarding smoking in enclosed spaces (smoking in enclosed spaces within the Festival area is strictly prohibited);
- to comply with the provisions of the legislation in the field of safety and health and the measures for their enforcement, according to the legislation in force or those communicated by the Organizer;
- to comply with any other obligations under this Regulation.
10.3.During the Festival, for security and safety reasons, the Organizer reserves at least the right:
- to limit or temporarily stop access to certain areas of the Festival, if the Organiser considers that the areas have reached their maximum capacity;
- to interrupt or stop the Festival, for independent reasons or at the will of the organizer;
- to prevent the Participant from leaving the Festival are until further notice;
- to refuse the Participant access to the Festival area or to remove the Participant and deny his/her access to the Festival, or to request the intervention of the competent authorities (if deemed necessary), if the Organizer finds that the Participant violates this Regulation or considers that the Participant endangers the safety of the other Participants or creates a situation of discomfort for them or behaves in a manner that affects the smooth running of the Festival or the atmosphere of the Festival;
- to apply any other measures provided for in this Regulation.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. The Organizer owns all intellectual property rights in:
- trade names, logos, e-mail addresses, domain names or URLs, signs used in correspondence, database, graphics, e-mail, business cards and other materials, signs, logos, trademarks, as well as on materials, texts and all information, whether registered or not, on the Festival website or other online channels/platforms in connection with the event or displayed in any form on the Festival area;
- on all works made by its collaborators and/or employees and/or staff/volunteers during the Festival, such as photographs, films, texts, graphics, etc.;
They may not be used, transferred, assigned, modified or distributed without the express written consent of the Organizer. All these are subject to intellectual property law.
11.2. The images, logos, texts of the contractual partners of the Organisers belong to them and are reproduced on the Festival Website or in the Festival area with their consent.
11.3. The Participant may not use, copy, distribute, publish or incorporate into other documents or materials such markings/information/materials/works as mentioned above in any form for the purpose of earning revenue without the prior express written permission of the Organiser and/or the Organiser’s contractual partners.
12. LIMITATION OF ORGANIZER’S LIABILITY
12.1.Particularly in view of possible safety and security measures, maximum capacity in certain areas of the Festival, logistics of the Festival organisation, the Organiser does not give any guarantee as to the duration of the entry process to the Festival, the possibility of the Participant to enter the Festival or to enter at the desired time or as to the possibility to attend the desired concert/activity on time or as to the quality of the entertainment, and explicitly excludes any liability in this respect.
12.2.The Organiser specifically excludes liability for:
- loss, damage or theft of Participant’s property;
- damages occurred within the Festival area, which were not directly and exclusively caused by the Organizer’s defective organization;
- the availability, content, quality and quantity of programmes and services (such as the performance or stage appearance of a particular artist, the fact that the performance of a particular artist will meet the Participant’s expectations, or the opportunity to attend a particular artistic programme and/or venue);
- damages arising from or incurred in connection with the purchase or use of services and products provided by contractual partners within the Festival;
- the activities or omissions of any Participant or pet or the damage caused by them to any property or third person within the area of the Festival;
- any damage that may occur outside the Festival area or on the way to or from the Festival area;
- organization and logistics of transportation of Participants to and from the Festival area;
- how to provide first aid and medical assistance;
- any kind of damage (direct or indirect) resulting from the inability to understand or use the information presented under these Regulation or on the Festival website.
12.3.Both before and during the Festival, in particular, the Organizer reserves the right:
- to unilaterally amend the Regulation even immediately before the Festival, without prior notice to the Participants. If the Regulation is amended, those amendments shall take effect immediately after publication on the Festival website (www.festivaluldunarii.ro).
- to unilaterally change the date of the Festival or to cancel the Festival for reasons related to the impossibility of organising it under the desired conditions, in case of force majeure or unforeseeable circumstances as defined by the legal rules in force or depending on various situations that may arise during the Festival.
- to make changes to the Festival program (artistic, organizational, etc.) unilaterally, depending on various situations that may arise along the way;
- to modify, restructure and subsequently develop the Festival, the services and products offered within the Festival, at its discretion, as necessary.
12.4.Participants are not entitled to make any claims against the Organiser in respect of the matters/situations mentioned, by way of limitation, in points 13.1 to 13.3 above.
12.5.In case of force majeure or unforeseeable circumstances, the Organiser may decide to make changes or even cancel the Festival, but cannot be held liable in any way towards the Participants for these decisions. Cases of force majeure, including but not limited to official recommendations or the entry into force of legal regulations, from public authorities that make it impossible or excessively burdensome for the Festival to take place under the conditions envisaged by the Organizer, are assimilated.
12.6.The Organiser shall be liable only for intentional contractual breaches for which it is directly responsible and contractual breaches which endanger human health, integrity or physical health, if such damage is caused solely by the Organiser and could not have been prevented by the Participant’s due diligence, and excludes, to the maximum extent permitted by law, any liability for any damage.
12.7.By participating in the Festival and undertaking this Regulation, the Participants expressly note that:
- may purchase products and services in connection with the Festival that are offered by other contractual partners and not by the Organizer. In such cases, the contract is concluded directly between the Participant and the contractual partner and the rights and obligations arising from the legal relationship apply exclusively to the Participant and the contractual partner;
- will not raise any claim against the Organiser in the event of any accidents and/or any damage suffered by them on the Festival area caused by acts, deeds or omissions of other natural or legal persons (such as service providers, food, drink or equipment) and/or not caused by the direct fault of the Organiser;
- consent to be given such medical treatment as may be deemed appropriate in the event of injury, accident or illness during the Festival and fully indemnify and hold harmless the Organiser and all persons involved in providing such medical treatment for any such actions;
- during the Festival will be held various games of high intensity lights and pyrotechnic effects that can harm pregnant women, children or epileptic people;
- undertakes full responsibility for the ability to participate physically/psychologically in various activities within the festival. Thus, people with mental or physical disorders, for whom crowded areas, loud noises, special sound, visual and audio effects represent a risk, undertake full responsibility for any damage they may suffer or cause by participating in the event.
12.8.Participants are fully liable under both civil and criminal law for any damage they have caused to the Organiser, its contractual partners and other Participants at or in connection with the Festival.
13. PHOTO – VIDEO RECORDINGS AND PROCESSING OF PERSONAL DATA
13.1. For security reasons, the Festival area is monitored with video cameras by the Organizer’s contractual partners. The processing of your personal data collected by video surveillance cameras takes place whenever you are within the Festival area, and by participating in the Festival you explicitly consent to this processing.
13.2. During the entire period of the Festival, the Organizer, its partners or the accredited press have the right to record and photograph in the area of the Festival. By participating in the Festival, you acknowledge and agree that there is an opportunity to appear in these materials, without any material or other claims (including those attached to image rights) on them. The Organiser and/or its partners also have the right to use and publish these materials by various means (e.g., online platforms, television, print media, etc.) and to use them in advertising campaigns without any material compensation to the Participant.
13.3. The Organizer will comply with the relevant legislation on the protection of personal data, in particular EU Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EEC (GDPR). Personal data will only be processed on the basis of a legal basis and with the necessary technical and organisational measures taken to adequately protect such personal data and to ensure its confidentiality, integrity and availability. In this regard, according to EU Regulation 679/2016 (GDPR) you benefit from the right of access, rectification, the right to obtain erasure of data or restriction of processing, the right to data portability, the right to object, the right not to be subject to a decision based solely on automatic processing. You can exercise these rights by sending a written, dated and signed request to www.festivaluldunarii.ro.
13.4. For more details regarding the processing of personal data we encourage you to consult the festival website www.festivaluldunarii.ro.
13.5.The Participant has the right to film and/or photograph within the area of the Festival only for personal purposes and only with non-professional equipment (e.g., mobile phone, tablet, compact camera). If there are performers who prohibit filming and photography, the Organiser will inform the audience that they will be prohibited during their performance.
14. PENALTIES
14.1.The Organizer has the right to prohibit the access of a Participant to the area of the Festival in whole or in part, or to invite the Participant to leave the area of the Festival, in case of violation of the Regulations or of a law in force in Romania.
14.2.The use of false identity documents will be considered false identity according to Article 327 of the Criminal Code and entry to the Festival will be refused. The organiser will refer cases of forgery to the competent criminal authorities for prosecution.
15. LITIGATION
15.1. Any conflict that arises between the Organizer and the Participant as a result of participating in the Festival will be settled amicably. If this is not possible, the settlement of conflicts is the competence of the Romanian courts in Bucharest.
15.2.The applicable law will be Romanian law.
16. OTHER PROVISIONS
16.1.Chapter names are for reference only and are not to be considered in the interpretation or construction of this Regulation.
16.2.If any provision of this Regulation is declared void or unenforceable, the remaining provisions shall continue in full force and effect and the void or unenforceable provision shall be replaced by a new provision reflecting as closely as possible the will of the Organiser.
16.3.For any other details and information related to the Festival regarding starting times, programme of activities, transport and/or parking conditions, please visit the Festival website www.festivaluldunarii.ro. The Organizer recommends Participants to check any details and information about the Festival on the Festival website prior to their actual participation in the Festival.