GENERALTERMS AND CONDITIONS TOMORROWLANDACADEMY | DJ AND PRODUCER SCHOOL –
Article 1. Application General Termsand Conditions
1. Unless expressly communicatedotherwise by Tomorrowland, these general terms and conditions (“Terms”)apply to all activities (kids camps, DJ/producer boot camps and any activitiesand/or trainings) organized by ("Tomorrowland") under the nameof the “Tomorrowland Academy”, with the exception of those activities itorganizes through its online platform (and regarding which following termsapply: [https://academy.tomorrowland.com/terms-and-conditions/general])("Activity” or ”Activities").
For theavoidance of doubt, for Activities organized and delivered in Thailand, thecontracting party and Activity organizer shall be WEAREONE.WORLD (Thailand)Company Limited, a company incorporated under the laws of Thailand, withregistered office at No. 127 Gaysorn Tower, 23rd Floor, Room L23-D 127Ratchadamri Road, Lumphini Subdistrict, Pathum Wan District, Bangkok 10330,Thailand, and company registration number 0105568164524.
2. Any registration, booking, reservationfor or payment by any individual (natural person or legal entity) (“Customer”)for any Activity implies the express, unconditional and irrevocable acceptance,without any reservation, of these Terms by the Customer (as well as by any personin whose name and/or on whose behalf the Customer completes such registration,booking, reservation and/or payment), who acknowledges having taken notice oftheir contents.
3. These Terms can be consulted, in theirlate stand valid version, on the Tomorrowland Academy website, via thefollowing hyperlink: https://academy.tomorrowland.com/terms-and-conditions/general.Tomorrowland reserves the right to amend and/or update these Terms from time totime. Such amendments will be announced on the Tomorrowland Academy websiteand, if such amendments and/or updates would apply to uncompleted Activities(if any), by email to the email address provided by the Customer.
4. TheseTerms do not in any way affect any mandatory legislation applicable to theCustomer who is a consumer within the meaning of Article I,1, 2° of the Code ofEconomic Law (CEL).
5. In the event the Activity or Activitiesinclude tickets for the festival Tomorrowland, the general terms and conditionsof the festival Tomorrowland (https://www.tomorrowland.com/en/festival/ticket-sales/general-terms-conditions),as amended from time to time, shall apply with regard to such tickets.
Article 2. Reservations, Registrationsand Membership
1. Unlessotherwise agreed between Tomorrowland and the Customer, only registrations,bookings or reservations for Activities through the Tomorrowland Academywebsite will be registered and accepted.
2. TheCustomer acknowledges and accepts that all Activities are only accessible tothe age groups shown on the website.
3. Toregister for, book or reserve an Activity, the Customer must complete theonline registration form for the specific Activity in a complete and correctmanner. The Customers must be at least 20 old or have received their parents’or legal guardians’ consent to make such registration, booking or reservationand enter into these Terms.
4. Ifthe desired Activity is still available, the Customer completes theregistration process online, thereby accepting these Terms and paying for theActivity.
5. Uponsuccessful registration and payment for the Activity, the Customer will receivean email confirming the registration and confirming payment.
6. Inany case, the contract between Tomorrowland and the Customer regarding theActivity shall only come into existence upon the transfer of the writtenconfirmation of the registration by Tomorrowland.
7. Any registration confirmed by Tomorrowland is final. Unlessotherwise required by mandatory law, the Customer cannot cancel a registrationor claim a refund.
8. Atthe Customer's express request via [academy@tomorrowland.com] and subject to Tomorrowland’s writtenagreement, the Customer may allow a person other than the person who wasregistered to participate in the Activity.
Article 3. Prices and Payment
1. Theprices indicated on the Tomorrowland Academy website include VAT and are statedin Euros. The offer and the price are valid on the day the offer is mentionedon the website and/or the registration, booking reservation or purchase iscompleted. The offer and price of the Activities may be changed by Tomorrowlandat any time prior to the purchase by the Customer.
2. Anydiscounts granted to the Customer for participation in an Activity, if any,will be expressly listed on the Tomorrowland Academy website. Discounts are notcumulative and are automatically settled. Unlawfully obtained discounts will berecovered.
3. The Customer can only pay for the Activity onlineupon registration through Tomorrowland’s online payment system.
4. Theprice of the Activity includes all costs for teaching materials, accommodation,supervision, hosting and insurance. Unless expressly stated otherwise in thedescription of the Activity on the Tomorrowland Academy website,catering/lunch/drinks are not included in the price.
5. Non-attendance, late arrival or earlydeparture at an Activity shall not give rise to any refund or compensation,even if such non-attendance, late arrival or early departure is due to anaccident or illness of the participant.
6. Tomorrowland does not issue tax certificatesfor Activities organized specifically for minors.
Article 4. Changes to and/orCancellation of an Activity
1. Tomorrowlandreserves the right to make changes to the program before or during theActivity. In doing so, any adverse consequences for the Customer or participantswill be limited as much as possible. In such case, the Customer shall not beentitled to any compensation and/or reimbursement.
2. Tomorrowlandreserves the right to cancel and/or reschedule an Activity. In this case,Tomorrowland shall inform the Customer immediately, at the email addressprovided by the Customer. The Customer shall receive a refund of the price paidfor the Activity if the Activity is cancelled, without being entitled to claimany compensation.
3. Tomorrowland reserves the right to cancel Activitieswhich are organized by Tomorrowland during and in direct relation to thefestival Tomorrowland in Thailand (“Tomorrowland Thailand”), in theevent the aforementioned festival Tomorrowland is cancelled.
Article 5. Copyright, IntellectualProperty and Right of Use
1. Thecopyright and/or any other intellectual property rights related to anymaterials provided by Tomorrowland in relation to an Activity organized byTomorrowland remain the property of Tomorrowland. The Customer may not in anyway copy, download and/or reproduce any documents, images, information, coursematerials, and the like of Tomorrowland and/or the Tomorrowland Academy withoutthe express prior written consent of Tomorrowland.
2. In case the Customer infringes theintellectual property rights or other rights of Tomorrowland or third parties,the Customer shall indemnify and hold harmless Tomorrowland and/or thirdparties for all claims resulting from such infringement of these rights.
3. Tomorrowland grants the Customer alimited, non-exclusive and non-transferable right to use the materials andrelated services of the Tomorrowland Academy for its personal education.
4. The Tomorrowland Academy and itsmaterials are intended solely for the personal and non-commercial use by theCustomer and may under no circumstances be shared with persons other than theCustomer.
Article 6. Liability
1. Exceptas otherwise required by mandatory law, Tomorrowlandshall not be liable for anydamage, from any cause whatsoever, to property or persons caused by or inconnection with participation in an Activity.
2. Tothe extent Tomorrowland is liable for any damages, such liability shall belimited to direct and reasonably foreseeable damages related to the Activitieswith the express exclusion of indirect damages, consequential damages,incidental damages and special damages, (such as, but not limited to, economicloss, loss of opportunity, loss of goodwill, loss of data or communication,hacking, intrusion into the communication systems, loss of login data, damagein case of incompleteness, obsolescence or errors in the materials, etc.) andthis up to the maximum amount actually covered by its insurance.
3. Tomorrowland bears no responsibility or liabilityfor any damage (including injury or material damage) that may be caused by theCustomer to itself or third parties upon participation in Activities.
4. For Activities organized by Tomorrowland forminors, the Customer shall provide all necessary information to Tomorrowland atthe time of registration so that the minor participant can participate in the Activityin optimal conditions. It is the Customer's responsibility to transfer thenecessary information regarding use of medication and/or allergens of the minorparticipant to Tomorrowland. In the event that the Customer requestsTomorrowland to administer medication to a minor participant during the Activity,Tomorrowlandshall only do so upon receipt of and in accordance with theadministration prescription drawn up by the treating doctor. Unless mandatorylegislation states otherwise, Tomorrowland and/or its employees cannot be heldliable for any consequences or side effects that may occur after suchadministration.
6. Nothing in these Terms shall excludeor limit Tomorrowland’s liability for death or personal injury caused by itsnegligence, fraud, wilful misconduct, or any liability that cannot be excludedunder applicable Thai law.
7. Tomorrowland may engage third-partyvenues, instructors, accommodation providers, or service partners in Thailand.While Tomorrowland will exercise reasonable care in selecting such providers,third-party services remain subject to the terms and conditions of the relevantprovider, and Tomorrowland shall not be responsible for failures solelyattributable to such third parties, except where required by Thai law.
8. The Activities constitute professionaltraining and recreational educational experiences and do not confer anygovernment-recognized diploma or academic qualification under Thai educationlaw unless expressly stated otherwise.
9. For the avoidance of doubt, the Customeror participant shall be solely responsible for his/her own visa and/or workpermit status. Tomorrowland shall not be liable for any entry denial, if any,that occurred to the Customer or participant.
Article 7. Force Majeure
1. In the event of force majeure, subjectto Article 4.3 above, Tomorrowland cannot be obliged to organize the Activityand/or perform any part thereof. In that case, Tomorrowland can either suspendits obligations for the duration of the force majeure or dissolve the agreementpermanently and annul or change the date of the affected Activity at no cost.
2. Force majeure is any circumstancebeyond the will and control of Tomorrowland which prevents the fulfillment ofthe obligations of Tomorrowland in whole or in part. This includes (but is notlimited to) a disruption of internet, unexpected government measures, the deathor serious illness of a member of the Thai Royal Family resulting ingovernment-mandated suspension of entertainment or public events, quarantines,epidemic, fire, operational failures, energy failures, failures in goods,equipment, software or materials of third parties, failures in communicationsystems used.
Article 8. Rules of Conduct
1. The Customer acknowledges and acceptsthat by registering for an Activity, the Customer and participant agree toTomorrowland and Tomorrowland Academy policies, their rules of conduct andpolicies during the Activity. The rules of conduct include such basic values aspoliteness and respect for each other, speakers, Tomorrowland and TomorrowlandAcademy staff as well as for the materials used during the Activities.
2. If the Customer or participant in theActivity does not abide by these basic rules, Tomorrowland reserves the rightto immediately exclude the Customer or participant from further access to theActivity, without the Customer being able to assert any right to reimbursementand/or compensation.
Article 9. Image Material
1. By registering, the Customeracknowledges and accepts that Tomorrowland and the Tomorrowland Academy maytake non-targeted or targeted (subject to valid consent) photographs and/orimages of participants during the Activities and use them for publicitypurposes (including, but not limitedto, publication on the Tomorrowland Academy website, brochures, social mediaand the like).
2. If the Customer registers a minorparticipant foran Activity, the Customer shall specifically indicate whether or not he or shegives valid permission to Tomorrowland and the Tomorrowland Academy to take anduse targeted photos and/or images of the minor participant for publicity purposes(including, but not limited to, publication on the Tomorrowland Academywebsite, brochures,social media and the like). The Customer and participant expressly confirm thatnon-targeted photos and/or images in which the minor participant may appear canbe used by Tomorrowland and Tomorrowland Academy without such permission.
Article 10. Privacy and Data Protection
10.1 Tomorrowlandprocesses personal data in accordance with applicable data protection laws,including the Thailand Personal Data Protection Act B.E. 2562 (PDPA) and, whereapplicable, the EU General Data Protection Regulation (GDPR), in particularRegulation (EU) 2016/679 of the European Parliament and of the Council of 27April 2016 on the protection of individuals with regard to the processing ofpersonal data and on the free movement of such data and repealing Directive95/46/EC (General Data Protection Regulation).
10.2 Personaldata may be collected and processed for purposes including registration,participation management, safety, communications, marketing (where consent isobtained) and legal compliance.
10.3 Whererequired under Thai law, the Customer acknowledges that Tomorrowland mayrequest express consent for certain processing activities, including the use ofphotographs or promotional materials.
10.4 The Customershave the right to access, correct, withdraw consent, or request deletion ofpersonal data in accordance with applicable law. More information on howTomorrowland processes personal data, inclusive of the Tomorrowland AcademyPrivacy Notice, can be found by clicking on this hyperlink: https://academy.tomorrowland.com/terms-and-conditions/privacy.
Article 11. Applicable Law andCompetent Court
11.1 TheseTerms and all contracts relating to the Activities organized in Thailand shallbe governed by and construed in accordance with the laws of the Kingdom ofThailand.
11.2 Anydispute, controversy or claim arising out of or in connection with these Termsand/or the Activities (including any question regarding their existence,validity or termination) shall be subject to the exclusive jurisdiction of thecompetent courts of Bangkok, Thailand.
11.3 Nothingin these Terms shall exclude or limit any rights or protections granted to theCustomer under mandatory provisions of applicable Thai law.
SPECIFIC CONDITIONS FOR ACTIVITIESINCLUDING TICKETS AND HOTEL
1. The Customers registering for anActivity for adults (+20 years old) which includes tickets for the festivalTomorrowland Thailand, acknowledge and accept that the integral ticket andfestival conditions of WAOW (available via the following link academy.tomorrowland.com,as well as the following special exception to the ticket and festivalconditions of Tomorrowland will always apply to tickets purchased by theCustomer as part of the Activity:
a. Braceletsare not delivered to the Customer but are provided by Tomorrowland to theCustomer during the Activity;
b. TheCustomer does not need to pre-register for the tickets;
c. TheCustomer does not enjoy the benefit of the "first 20";
d. TheCustomer may not use Tomorrowland’s exchange desk; and
e. TheCustomer can personalize his/her ticket but cannot make name changes.
2. Tickets are always offered byTomorrowland on an availability basis and the Customer cannot claim anyautomatic entitlement to Tickets by registering for any Tomorrowland AcademyActivity.
3. When registering for an Activity foradults which includes tickets and a hotel stay (“Overnight”), theCustomer will be deemed to accept and comply with the terms and conditions ofthe third-party provider of the Overnight stay.