Legal note

Rules for all Events organised by the MALTA Foundation

I. DEFINITIONS AND GENERAL PROVISIONS:

1. The rules specified herein (hereinafter referred to as the “Rules”) have been made based on the regulations of the Mass Event Safety Act of 20 March 2009, published in Journal of Laws 2009, no. 62, item 504, including amendments (hereinafter referred to as the “Act”) and on the regulations of the Civil Code.
2. The Rules are published by the Organiser of the subsequent editions of the Malta Festival and the Nostalgia Festival (hereinafter referred to as the “Event/s”. They also pertain to other projects (hereinafter referred to as “Event/s”) organised by the MALTA Foundation of Poznań, ul. Ratajczaka 44, Poland.
3. The rules apply to all and any persons present at an Event Venue during an Event. Every person present at an Event Venue during an Event must observe the Rules.
4. The objective of the Rules is to ensure the safety of an Event by specifying the principles of how persons present at an Event should behave and avail of the Event Venue and any appliances therein, in addition to specifying the Event Participants’ rights and responsibilities with regard to the purchasing of a Ticket to an Event.
5. The terms used in the Rules below will mean the following:
A “Ticket” means an individual consent for admittance to an event; at the first entry to an Event Venue a Ticket may be replaced with an identifier (wristband);
An "Identifier" means an Identifier given by the Organiser at the entrance to an Event Venue in exchange of a Ticket; the identifier will have the form of a wristband placed permanently (for the duration of an Event) on the Ticket Holder’s wrist; the appearance of the wristband is determined by the Organiser; only one person may avail of one Identifier; damaging or breaking an Identifier renders it invalid; it is forbidden to let another person avail of one’s identifier;
“Sectors” mean the particular zones specified on the map of a given Event;
“Security Personnel” and “Attendants” mean persons, including personal and property security agency staff members holding specific IDs, appointed by the Organiser to ensure the safety of the Event Participants, including the inspection of their right to be admitted to an Event Venue; the Security Personnel and Attendants’ IDs are worn in a visible place and display the name of the issuer, an identification number and photograph, the validity period and the issuer’s stamp and signature;
An "Event Venue” means a delineated area specified by the Organiser for each Event or another Venue to which an Event might be moved for important reasons, announced publicly prior to the Event;
An "Event Participant” means a person who takes part in an Event based on a Ticket or identifier provided in exchange for a Ticket; a minor under 15 years of age supervised by an adult may also be an Event Participant following the purchase of Tickets for both the minor and the adult; a minor aged above 15 years may attend an event unsupervised;
A “Ticket Distributor” is an organisation authorised by the Organiser to distribute Tickets for Events; the sales of Tickets by a Distributor are subject to the Distributor’s applicable regulations; regarding the returning of Tickets and cancellations the Rules specified herein apply;
“Force Majeure” is any event beyond the Organiser’s control, which renders the fulfilment of the Organiser’s responsibilities impossible or considered impossible due to the circumstances; in particular Force Majeure includes the weather, the failures or disturbances in the work of power supply, heating or lighting devices, hostilities or the acts of state or local authorities in the field of formulating policies, rights and regulations that affect the fulfilment of the Organiser’s responsibilities.

II. ADMITTANCE AND TICKET SALES:

1. Tickets are sold exclusively at authorised outlets and on www.eventim.pl and www.malta-festival.pl. Tickets can only be sold at the prices printed thereon. A list of authorised outlets is available on www.eventim.pl.
2. It is forbidden to resell Tickets in auctions or bids or in any other way that indicates that such a reselling is gainful. It is also forbidden to publicly offer the transfer of ownership of Tickets, including as prizes in competitions and lotteries, in premium sales or any other promotions, even if this is free of charge.
3. Only original Tickets purchased in compliance with the provisions of these Rules can be exchanged for identifiers. A Ticket whose purchase violated these provisions can be made invalid by the Organiser. The Organiser advises that the purchase of tickets from any third parties holds the risk of buying false tickets and this leads to the refusal of exchanging such a Ticket for an Identifier and of admittance to an Event.
4. If a person with visible physical impairment wishes to attend an Event with a caregiver it suffices for them to purchase one Ticket.
5. The right to being admitted to an Event Venue is held by persons who have a valid Ticket, invitation or accreditation issued by the Organiser of an Event.
6. Event Participants aged between 0 and 6 years are not required to buy Tickets. Event Participants aged between 7 and 12 years can buy Tickets at a discount of 50%.

III. ADMITTANCE TO AN EVENT VENUE AND TO SECTORS:

1. Admittance to an Event Venue is granted to persons who hold an ID (if Tickets are to be exchanged for identifiers) and a Ticket which will be exchanged for an identifier upon entrance to the Venue. If the Event Participant is a minor aged from 0 to 15 years he/she can only take part in an Event when supervised by an adult who will sign a statement of responsibility for the minor (on a form supplied by the Organiser) at an inquiry booth upon admittance to the Event.
2. Regardless the fulfilment of the requirements specified in III.1 above the Act requires the Organiser to refuse admittance to an Event Venue to:
- Persons who are forbidden to attend mass events or are instructed to avoid being in places were mass events are organised based on a court order issued in relation to persons who are on conditional suspension of a prison sentence or in relation to minors based on Art. 6.2 of the Code of Procedure for Minors Act of 26 October 1982, and to persons against whom a foreign or club restraint has been issued as provided for by the Act;
- Persons who refuse to be subjected to the actions specified in IV.6 herein;
- Persons who are under the obvious influence of alcohol, narcotics, psychotropic substances or any other substances producing a similar effect;
- Persons who carry guns or any other hazardous objects, explosives, pyrotechnical materials, fire hazardous materials, alcoholic beverages and narcotics or psychotropic substances;
- Persons who are behaving in an aggressive or provocative way or are posing a hazard to public safety or order;
The appraisal of any such objects and their qualification as hazardous is the responsibility of Security Personnel.
3. The Organiser may refuse admittance to or participation in an Event to persons:
- Without identifiers if these is exchanged for Tickets;
- Wearing shoes with metal endings;
- Whose external appearance makes it impossible to identify them;
- Who have on them plastic, glass or metal containers or cans etc.;
- Who do not have an ID.
4. Admittance to the particular Sectors is granted to persons holding appropriate Tickets or Identifiers.

IV. THE PRINCIPLES OF ORGANISATION AND KEEPING ORDER AT AN EVENT VENUE:

1. The Organiser ensures the safety of persons present at an Event and order throughout its duration using (but not limited to) the following measures:
a) The employment of Security Personnel and Attendants who can be distinguished by the specific features of their attire;
b) The appointment of a Security Manager who supervises the Security Personnel and Attendants and organises their work;
c) The provision of medical aid and hygiene and sanitary facilities;
d) The changing of an Event Venue to a different one if required.
2. Event Participants and any other persons in an Event Venue are required to follow the instructions of the Security Personnel and Attendants, including the Security Manager. Refusal to observe such instructions may only be justified if these are contradictory to the generally applicable legal regulations.
3. Event Participants and any other persons in an Event Venue are required to behave in a way that does not endanger the safety of other persons present at an Event and, in particular, to observe the provisions of these Rules. It is forbidden to damage the signage, information boards, advertising media, appliances, equipment etc. in an Event Venue. Participants are required to use sanitary facilities according to their purpose only.
4. It is forbidden to:
a) Bring to and posses during an Event any professional photographic or film cameras or audio and video recording equipment; it is allowed to bring to the Festival premises amateur digital cameras with matrices of up to 5 MPix and traditional amateur compact cameras; it is forbidden to bring photographic equipment that may be used professionally, e.g. single-lens reflex cameras, digital reflex cameras, medium to large format cameras, cameras with replaceable optical lenses etc.;
b) Bring dogs or other animals to an Event Venue.
5. Within the scope provided for by the Act and the executory provisions the Organiser is authorised to record the course of an Event, in particular the behaviour of persons, using audio and video recording devices. The Organiser will immediately hand over to the district prosecutor for the district in which the Event was held or to the police any footage obtained during the recording of the course of an Event which may be used as evidence to initiate criminal proceedings or offence proceedings or as evidence that is of significance to any such ongoing proceedings. Any footage obtained during the recording of the course of an Event which does not contain any evidence that may be used to initiate criminal proceedings or offence proceedings or as evidence that is of significance to any such ongoing proceedings will be kept for a period of at least one month following the end of the Event and will then be destroyed in the presence of a special commission.
6. In compliance with the provisions of the Act, the Security Personnel and Attendants (holding IDs worn in a visible place) are authorised to:
a) Check a person’s authorisation to be at an Event;
b) Check a person’s ID to determine his/her identity;
c) Inspect the contents of a person’s bags and clothing if they suspect that he/she is trying to bring in or is in the possession of any of the objects specified in III.2 III.3 or IV.4 of the Rules;
d) Determine a person’s authorisation to be at an Event and should they determine the lack of thereof to instruct them to leave the Event;
e) Issue instructions aimed at keeping order to persons who disturb public order or behave contrary to the rules of mass events and should such a person fail to observe these instructions to instruct them to leave the Event;
f) To use physical force in the form of incapacitating grips or similar defence techniques if a person poses a threat to the property protected by the Security Personnel or if a Security Personnel Member or another person is attacked, in compliance with the provisions of Art 38 of the Personal and Property Protection Act of 22 August 1997 (JoL no. 114, item 740, including amendments);
g) To detain with the aim of instantly handing over to the police any persons that pose a an immediate threat to human health or life or to protected property.
7. The Security Personnel and Attendants are required to remove from an Event Venue any person whose behaviour disturbs public order or is inconsistent with the Rules.
8. Depending on the potential risk and needs the Security Personnel and Attendants may be equipped with (but not limited to) the following tools:
- Manual metal detectors;
- Ticket, identifier and invitation specimens;
- Other legally permitted personal protection measures.
9. The Security Personnel and Attendants determine a person’s right to be at an Event by:
- Checking if the person has a valid ticket and, following its exchange, a valid identifier;
- Comparing the document produced with the specimen.
10. If a Security Personnel Member or Attendant determines that an inspected bag or piece of clothing contains objects that are forbidden to bring to or possess during an Event he/she will refuse the owner of the bag or clothing admittance to the Event or remove him/her from the Event Venue.
11. If a Security Personnel Member or Attendant determines that an inspected bag or piece of clothing contains guns or other dangerous objects or alcoholic beverages or explosives or pyrotechnical or fire hazardous materials or narcotics or psychotropic substances he/she will detain the owner of the bag or clothing, seize the objects and write a report of this action and then hand the person and the seized objects over to the police.
12. Any person who has been refused admittance to or participation in an Event or any person who was removed from an Event Venue in compliance with the Rules and the Act, as a result of their violation, is not entitled to be reimbursed for his/her Ticket.
13. Without the Organiser’s authorisation it is forbidden to conduct any commercial or other gainful activities or advertising or promotional activities at an Event Venue.
14. The Organiser will determine the specific Event zones. Relevant information will be provided regarding the particular Events. The zones will usually comprise: technical and staff facilities, Sectors, front of house (mass event area), VIP zone, points of permanent Security Personnel surveillance, food and beverage facilities (separate and enclosed food, beverage and commercial facilities where beer is sold are excluded from the mass event area and are the only places where the drinking of beer purchased therein is permitted).
15. The Organiser provides fire security by ensuring that:
a) The Staff Members, Security Personnel, Attendants and Organiser know the location of manual fire extinguishing devices and hydrants and the effective fire procedures;
b) The Security Personnel and Attendants are trained in evacuation procedures, notifying fire departments, using manual fire extinguishing equipment and giving first aid.
16. During an Event the Organiser, the Event Participants and other persons in an Event Venue are required to observe the provisions of the Upbringing in Sobriety and Counteracting Alcoholism Act.

V. THE EVENT PARTICIPANTS’ RIGHTS AND RESPONSIBILITIES:

1. The Organiser advises that an Event Participant or any other person at an Event Venue will constantly be in an area of loud sounds which may cause hearing impairment. Stroboscope and similar lights may be used during an Event. The Organiser emphasises that loud sounds are particularly harmful to children and persons who bring children to an event do so exclusively at their own responsibility.
2. The Organiser records the course of an Event for purposes pertaining to the documentation or promotion or advertising of an Event or Events in future years, of the Organiser and of the Sponsors. The image of persons who are present at an Event Venue may be recorded and then publicised for documentation, reporting, advertising and promotional purposes.
3. If an Event is recorded, using any technique, by the Organiser or authorised persons the image of persons who are present at the Event Venue may be recorded and then publicised during a broadcast or rebroadcast of the Event at any place or time.
4. The Organiser reserves the right to cancel an Event without prior notice.
5. The Organiser will not be liable for any compensation or damages to a Ticket Holder other than the reimbursement for the amount specified on a Ticket for an Event which was cancelled.
6. The Organiser reserves the right to determine and make changes in the course of an event for reasonable causes, e.g. the cancellation of an artist’s arrival (if this is not the headliner of the Event), Force Majeure etc. as well as the right to determine and make changes in the programme regarding artistic content and duration without prior consultation or right to compensation. The Organiser may provide such information by email or announce it in the mass media or on a website. The Organiser is not liable for an artist’s artistic performance. A Ticket Holder should make himself/herself familiar with the type of art made by a given performer and the Ticket Holder acknowledges that the Organiser will not accept any claims regarding the non fulfilment of the Ticket Holder’s artistic expectations.
7. The Organiser is not liable for any effects caused by Force Majeure.
8. The Ticket Holder is reminded that the Ticket cannot be substituted. If a time or Venue is changed or if there is any other major change in an Event programme the Ticket Holder may return the Ticket before the start of the Event and be reimbursed for the total value specified on the Ticket.
9. If an Event is cancelled the Tickets may be returned within two months of the scheduled Event date. The Tickets can be returned at the Organiser’s office. If a Ticket was purchased on the Internet it should be sent to the following address: Fundacja Malta, ul. Św. Marcin 80/82, 61-809 Poznań, Poland, specifying the bank account number to which the money should be reimbursed and including the information required for making a bank transfer or repaying the money to a credit card.
10. In case of cancellation, date changes or changes in the programme, any additional expenses incurred by the Customer, e.g. hotels, transport etc., will not be reimbursed.
11. The Organiser reserves the right to postpone an Event date by one day in case of Force Majeure. In this case Ticket returns will not be accepted. A purchased Ticket authorises its holder to be readmitted to an Event Venue.
12. If an Event Participant is late for an Event the Organiser may refuse to admit him/her to the Event Venue if this was requested by the Artist. Information about events which are subject to this rule is available at the Organiser’s office.

VI. CLAIMS:

1. Any claims may be submitted in writing no later than 14 days from the last day of an Event to the Organiser’s correspondence address, i.e.: Fundacja MALTA, ul. Św. Marcin 80/82 61-809 Poznań, Poland. The Organiser will process any claims submitted in compliance with the above within 21 days of their receipt by registered mail. The claimant is required to keep the registered letter receipt.
2. The condition for pursuing claims is the exhaustion of the claims procedure specified in this Section.

VII. PENAL REGULATIONS PROVIDED FOR IN THE ACT:

1. Any person who does not follow an instruction pertaining to keeping order issued on the basis of the Act or the Rules by the Organiser or Security Personnel or Attendants is subject to the penalty of detention, restriction of liberty or a fine.
2. Any person who brings to or possesses during an Event guns or other dangerous objects or explosive or pyrotechnical materials or fire hazardous materials is subject to the penalty of detention or restriction of liberty.

VIII. FINAL PROVISIONS:

1. Any rights to an Event name or logo are reserved by the Organiser. The official Event programmes and Event-related merchandise (if any) will be sold only in Event Venues or at outlets authorised by the Organiser.
2. The status of an Event sponsor is awarded by the Organiser only.
3. The Organiser is not liable for the effects of Force Majeure.
4. The Security Personnel and Attendants may issue their own instructions regarding safety and fire security in compliance with the effective legal regulations.
5. Any matters not provided for in the Rules are subject to the provisions of the Act.
6. Any disputes between the Organiser and an Event Participant will be subject to the jurisdiction of a competent common court.
7. The Organiser reserves the right to make changes in the Rules without prior notice. To follow the changes please subscribe to the newsletter.
8. Despite our best efforts the information provided by the Organiser may be incorrect. To verify this information please contact the Organiser’s office.
9. The Rules are available on the Organiser’s website www.malta-festival.pl and at Event Venues. Links to the Rules are also available on the websites of Ticket Distributors.