General Terms and Conditions

The terms and conditions below (hereinafter referred to as the “GTC”) form an integral part of the contract between you, the Visitor (and parent or legal guardian, hereinafter referred to as the “Visitor” or, collectively, the “Visitors”), and the Locarno Film Festival (hereinafter referred to as the “Festival”).

1. General provisions and scope of application

These GTC apply to all the services offered or (co-)organized by the Festival (hereinafter referred to as the “Services”). Kindly read these GTC carefully before using or visiting the Services, namely when:

 

  • visiting the Festival’s website (www.locarnofestival.ch) or the official Festival App (hereinafter both referred to as the “Website”);
  • applying for a Festival accreditation, acquiring a Festival accreditation or a Festival ticket, accepting an invitation to make use of the Services as well as submitting a film for the Festival’s consideration;
  • contacting the Festival for recruitment purposes;
  • visiting or using any web-application or website made accessible by any staff member of the Festival referring to the present GTC;
  • providing any information to the Festival per email, phone, mail or in person when visiting the Festival’s premises or interacting in any manner with Festival’s staff;
  • participating to any Festival event, conference, class or movie presentation (hereinafter referred to as the “Event” or, collectively, the “Events”);
  • participating in competitions on the Website;
  • ordering or buying tickets or merchandise through the Locarno Film Festival Box Office (shop.locarnofestival.ch) and the Locarno Boutique (boutique.locarnofestival.ch) both online and on-site.

 

We would like to inform you that whenever the Services contain additional and more detailed terms and conditions, both the latter and the present GTC apply.

We also draw your attention to the content of the Festival's Privacy Policy, which can be found at the link: www.locarnofestival.ch/terms.

2. Accessing and using the Services and the Events, Festival premises and venues, Website and Wi-Fi

2.1 Access to the Services and the Events

When using the Services, the Visitor is obliged to conform to the rules of conduct set forth by the Festival and to follow the instructions of the Festival’s staff and security personnel. Visitors enter the Event at their own risk: the Festival is not liable for any damage caused by accessing the Event or using the Services.

In general, the Festival reserves the right to deny access or further access to certain persons to the Services as deemed appropriate for maintaining the public order and security (including but not limited to health security) during the Festival. The same applies whenever the Visitor carries clothing, texts or characters that, in the opinion of the Festival, can be considered offensive, discriminatory or may cause aggression or unrest of other Visitors. In such cases, the Visitor is not able to claim any compensation for damage or loss that the Festival’s action might directly or indirectly cause them.

Access to Event is only possible for Visitors over 16 years of age. Visitors under 16 years of age can only enter the Event if accompanied by an adult.

 

2.2 Non-smoking Event

Visitors may not smoke during any Event taking place in a covered place unless such premise is specifically designated as a “smoking area”. On the Piazza Grande, the Festival takes reasonable steps to inform the Visitors of the non-smoking nature of Event, but cannot guarantee that Event will be fully non-smoking.

 

2.3 Film and video

Recording (parts of) an Event in a professional and/or commercial manner, including photographing, filming, audio and/or picture recordings, as well as reprinting and/or copying the program booklet, posters and other printed materials is not permitted without the prior, express, written permission of the Festival.

 

2.4 Security

The Festival and the security personnel with whom the Festival entered into a partnership contract have the right to check the contents of Visitors’ bags at the entrance of any Event. If safety conditions require it, the Festival has the right to have a Visitor body searched prior to entering the location or during Event. For security purposes the Festival has the right to remove unattended luggage and to check its contents.

With risk of confiscation, Visitors may not bring professional equipment for photography, filming, sound and/or other recording equipment, no glassware, plastic bottles, drugs, cans, fireworks, sticks, chains, nitrous oxide, animals, weapons and/or other dangerous objects (including but not limited to spray cans or tear gas), or other items which, in the view of security personnel, police, employees of the Festival and/or other authorities having jurisdiction, is seen as containing discriminatory or provocative texts, pictures or shapes either to themselves or to another person, or have these in possession at the location of Event, or make use of these objects before or during an Event. Confiscated items will not be returned. Visitors may not bring their own drink and food when participating to an Event, with the exception of the Piazza Grande, where Visitors are allowed to take plastic pottles and their own drink and food.

Bearing in mind the sustainability of the Festival, Visitors should deposit waste, including consumed drinks and food, in the appropriate containers.

Furthermore, it is forbidden to create any danger to the health or safety of oneself or others or to inflict harm upon others. It is forbidden to climb light installations, fences, roofs, catwalks, canals, and other equipment or buildings on the location of the Event.

The spreading or handing out of leaflets, flyers and/or goods at the Event and in its immediate vicinity is prohibited unless written permission has been granted by the Festival.

 

2.5 Theft

The Festival assumes no responsibility for any personal items lost by Visitors. Any items found in the festival locations will be deposited at the lost & found desk located at the SES Festival center.

 

2.6 Information Technology

By using the Festival’s public Wi-Fi which is available in several Festival location, you agree to the present GTC. The Wi-Fi is intended for browsing the internet and using apps. The Festival is not responsible for the content of websites you visit while using the Wi-Fi. The Festival may at its sole discretion restrict access to certain features and websites.

In addition to the aforementioned, the Festival does not guarantee uninterrupted access to the Wi-Fi and might suspend the service at any time, for any reason, in its sole discretion. Kindly be aware that the Wi-Fi is not a secure network and the Festival is not responsible for the security of the information and data which you transmit using the Festival’s Wi-Fi. The Festival is not responsible for the accuracy of any information or data obtained from the internet using its Wi-Fi.

Visitors agree to indemnify and hold the Festival and its subsidiaries, affiliates, officers, directors, agents and employees harmless from and against all liabilities, claims, losses or damages (including legal fees) costs and other expenses, however caused, that might arise as a result of or in connection with inappropriate or unauthorized access to the Festival’s Wi-Fi by you and/or breach by you of any of these GTC.

By using the Festival’s Wi-Fi you also agree to the Locarno Film Festival’s Data Protection and Privacy Policy.

 

2.7 Health security measures for Locarno74

In light of the current COVID-19 situation and due to the potential introduction of additional pandemic containment measures by the Federal Office of Public Health (FOPH), the Festival will record Visitors’ contact details for each of their visits to its Event or Services.

The Festival will store Visitors’ contact details as well as their seat number (if available) for 14 days. This data will be available upon request of the health authorities, who may request it in case of potential contact with an infected person. The authorities may contact Visitors and order quarantine measures.

Visitors will be considered point of contact for all the attendees (i.e. further Visitors) that will use the tickets associated to the primary Visitors’ order. Visitors’ personal data will not be used for any other purpose and will be destroyed 14 days after your last visit.

In the event of a delay, in respect to the time indicated on the e-ticket, the Festival reserves the right to assign the place to other Visitors.

Visitors shall be aware of the health measures in place and agree to attend the Events and the Services in the complete absence of symptoms of Covid-19. When booking for a group of Visitors, the person booking shall inform the other members of the group that they should only attend the screening if they are completely free of symptoms of Covid-19.

Visitors shall be aware that the Festival reserves the right to suspend any bookings in the event of abuse, in particular to avoid free bookings being made without the intention of actually attending the Events or Services.

When participation in an Event or Service is linked to the presentation of a valid Covid certificate, Visitors will be refused entry or required to leave in case they do not present such a certificate.

Visitors are aware that they will be refused entry or required to leave the Event if:

 

  • they refuse to comply with any COVID-19 safety protocols or requirements implemented by the Festival;
  • they refuse to comply with any reasonable health and safety instruction given by Festival staff;
  • they refuse to provide correct and precise contact tracing information to the Festival upon request;
  • they are exhibiting COVID-19 symptomps according to the Festival’s staff. These include fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell;
  • they are required to stay in insolation as a result of COVID-19 diagnosis or have been directed to be in quarantine because of close contact with a person with COVID-19.

 

In the above mentioned circumstances, tickets will not be exchanged or refunded (unless required by law). The enforcement of further rights and claims due to infringements of the provisions contained in this paragraph remain reserved

3. Tickets

3.1 Premise

The Festival administers the organization of ticket sales to any Visitor (hereinafter referred to as the “Purchaser” or, collectively, the “Purchasers”) under the brand name "Locarno Film Festival" and some events of Primavera Locarnese.

 

3.2 Scope of application and conclusion of the contract

These provisions are valid for all services offered by the Festival in the context of the Locarno Film Festival Box Office, both online and on-site. Purchasers may order items online via the Website (including through the Festival App) – for Events in Piazza Grande, daily passes and copies of the catalogue and for Events organized by Primavera Locarnese – using the print@home facility, the Festival being the contracting partner of the Purchaser.

 

3.3 Conclusion of the contract and delivery in the case of e-tickets

A. General provisions

The information given on the Website does not constitute an offer in accordance with the terms of the Swiss Code of Obligations, but merely an invitation to the Purchaser to make an order.

The Purchaser transmits his or her completed order to the Festival via the Website. In each single order up to 6 (six) tickets may be purchased, subject to availability, for the ticket Purchaser and his or her friends or acquaintances. Further restrictions may apply in individual cases, notably the prohibition against resale of tickets to persons not belonging to the circle of friends and acquaintances.

 

B. Acceptance of orders of e-tickets; electronic delivery; printing

The Festival accepts the order from the Purchaser by sending to him or her – on completion of the online ordering process – the e-ticket in PDF format to the e-mail address given by the

Purchaser during the ordering process. The e-ticket may be printed or saved on Visitors’ devices directly from the Website or official APP once the transaction has been completed.

After receiving the electronic version of the e-ticket, the Purchaser saves it on its device or self-prints the e-ticket keeping its size and format unaltered, on an A4 sheet of white paper using a laser or inkjet printer.

The printed e-ticket, in case it has been printed, must be kept carefully until the Event and at the time of use must not be damaged in any way, in particular in the area of the QR code, such that it may prevent or impede examination and verification at the entrance to the Event. If the e-ticket has been damaged in this way, the holder has no entitlement to admission to the Event and/or refund of the price paid by the Purchaser.

The Purchaser may print out the e-ticket only once. Any form of duplication, copying, alteration or falsification of the e-ticket or electronic dissemination of the PDF file is expressly prohibited.

 

C. Incorrect addresses for e-tickets

In the event of any inconsistency between the ticket(s) ordered by the Purchaser and the ticket(s) viewed or delivered electronically on completion of the transaction, the Purchaser must contact the Festival promptly and in any case before 7:00 pm on the evening for which the ticket(s) has or have been purchased, by calling the following telephone number: +41 91 756 21 21. Failure to advise the Festival in such cases will be taken as evidence that the Purchaser has accepted the ticket(s).

 

3.4 Payment

Payment is made by charging the credit card indicated during the ordering process for online orders or in cash at the Festival’s desks in case of on-site orders.

 

3.5 Exchange, return, transferability and resale of tickets

A. General provisions

Tickets cannot be refunded, returned or exchanged once payment has been made, nor can the contract of sale be rescinded, except in the event of cancellation of an Event as described in article below. Seating places are guaranteed only until the time indicated on the e-ticket. In any case, access to movie theaters will not be allowed after the start of the screening.

 

B. Postponement of an Event

In the event of postponement of an Event, tickets will be valid for the new date and venue of the Event, whatever the reasons for the postponement, but cannot be returned or exchanged.

 

C. Cancellation of a screening

Refunds for e-tickets in the event of cancellation of an Event will be made automatically in favour of the Purchaser by crediting the credit card used during the ordering process with the amount originally paid. The right to a refund belongs exclusively to the Purchaser indicated on the e-ticket and is non-transferable.

 

D. Transferability and resale of Festival tickets

It is prohibited, without prior written consent of the Festival, to directly or indirectly resell Festival tickets.

Visitors are not allowed to buy or sell Festival tickets anywhere other than on official sales channel.

 

3.6 Loss or damage

In the event of loss of or damage to an e-ticket, the Purchaser may reprint the same e-ticket. He or she must however give full consideration to the provisions illustrated below. In such

cases the damaged e-ticket must be destroyed immediately. If, at the time of loss of or damage to the ticket, the Purchaser has deleted and/or is no longer in possession of the PDF file, he or she must promptly notify the Festival of the loss of or damage to the ticket. The Festival will send a new PDF file to the Purchaser and retains the right, but is not obliged, to cancel the lost or damaged e-ticket. The Purchaser must be aware that cancellation of the e-ticket is not always technically possible.

 

3.7 Refusal to admit a e-ticket holder to the Event

The Festival has the right to refuse admission to the Event if multiple print-outs, duplicates, copies or imitations of a e-ticket are in circulation and a holder of a duplicate, copy or imitation of the e-ticket concerned has already been granted admission to the event. The holder of a e-ticket who is refused admission to the Event for the aforementioned reason will not have the right to a refund of any kind.

Access to the reserved sector is guaranteed only with a valid entry ticket, which must be presented at the entrance either printed or on a digital support.

 

3.8 Data protection

In order to facilitate purchases on the Website without undue hindrance, the Festival requires basic information such as the Purchaser’s name, address, telephone number and e-mail address, as well as the credit card details of the Purchaser and some information with regard to orders and deliveries. The Festival provides personal information to its affiliates or other trusted businesses or persons to process it for the Festival, based on the Festival's instructions and in compliance with its Data Protection & Privacy Policy. Special provisions, all contained in the mentioned Data Protection & Privacy Policy, apply in order to comply with health security measures as a consequence of the COVID-19 pandemic.

4. Accreditations

4.1 Premise

The Festival administers the organization of season tickets and accreditations (hereinafter referred to as “Accreditations”) to Visitors under the brand name "Locarno Film Festival" and some events of Primavera Locarnese.

The following provisions, with the exception of the purchase-related articles, are applicable also to accreditations offered on a non-commercial basis by the Festival to its guests as well as to the Festival’s partners and sponsors.

 

4.2 Conclusion of the contract and delivery

A. General provisions

The information given on the Website does not constitute an offer in accordance with the terms of the Swiss Code of Obligations, but merely an invitation to Visitors to make an order for an Accreditation.

The Visitors transmits his or her completed order to the Festival via the Website and declares that he or she is truthfully reporting all information in relation to his or her professional situation as necessary to comply with the conditions of his or her Accreditation category.

B. Acceptance of orders of Accreditations

The Festival accepts the order from the Visitor by sending to him or her – on completion of the online ordering process – an e-mail to the address given by the Visitor during the ordering process.

Once accepted and processed by the Festival, the Visitor receives to the same e-mail address a request for payment. After payment, the Festival will send an Accreditation confirmation containing the Booking code allowing Visitors to reserve their seats at the Event. For Locarno74, the physical Accreditation badge will just have a symbolic value.

C. Booking seats as Accreditation holder

Once reserved the seat as described under 4.2.B above, the Visitor receives a booking code which which serves to access the online ticket shop from the Website and book tickets for screenings free of charge, which then need to be scanned at the entrance of the Event in order to be granted access. The booking code can be stored either on Visitors’ devices or printed. The provisions relating to e-tickets listed under 3.3B ff. are applicable also to seating reservations of Accreditation holders.

Seating places are guaranteed only until the time indicated on the e-ticket. In any case, access to movie theaters will not be allowed after the start of the screening.

 

4.3 Payment

Payment is made by charging the credit card indicated during the ordering process for online orders or in cash at the Festival’s desks in case of on-site orders.

 

4.4 Exchange, return, transferability and resale of tickets

A. General provisions

Accreditations cannot be refunded, returned or exchanged once payment has been made, nor can the contract of sale be rescinded, except in the event of cancellation of an Event as described in article below.

B. Transferability and resale of Accreditations

Accreditations (with the exception of premium tickets and VIP badges) are personal and non-transferable. The same applies to Booking Codes of the 74th edition of the Festival.

 

4.5 Loss or damage

In the event of loss of or damage an Accreditation a CHF 20.00 fee will be issued to create a new physical Accreditation badge.

 

4.6 Refusal to admit an Accreditation holder to the Event

The Festival has the right to refuse admission to the Event if duplicates, copies or imitations of an Accreditation are in circulation and a holder of a duplicate, copy or imitation of the Accreditation has already been granted admission to the event. The holder of an Accreditation who is refused admission to the Event for the aforementioned reason will not have the right to a refund of any kind. The same applies in case a Visitor sends his or her personal Booking Code to a third party.

Access to the reserved sector is guaranteed only with a valid Accreditation and seat reservation (by means of a QR code) allowing access to that specific sector.

 

4.7 Data protection

In order to facilitate Accreditation process without undue hindrance, the Festival requires basic information such as the Visitor’s name, date of birth, address, professional qualification, telephone number and e-mail address, as well as the credit card details of the Visitor and some information with regard to orders and deliveries. The Festival provides personal

information to its affiliates or other trusted businesses or persons to process it for the Festival, based on the Festival's instructions and in compliance with its Data Protection & Privacy Policy. Special provisions, all contained in the mentioned Data Protection & Privacy Policy, apply in order to comply with health security measures as a consequence of the COVID-19 pandemic.

5. Locarno Boutique – returns and refunds

All products purchased from the Locarno Boutique, both online and on-site, may be returned by the customer (hereinafter referred to as the “Customer”) within 30 calendar days. The date of the postmark or the date on which the item is returned applies.

To be eligible for a return the item must be unused and in the original packaging. Following returns will not be accepted:

  • damaged products;
  • products that are not in their original packaging;
  • products that do not include all accessories;
  • downloadable software products;
  • gift cards;
  • perishable goods such as food, flowers, newspaper or magazines;
  • intimate or sanitary goods, hazardous materials, flammable liquids or gases.

The product shall be mailed, together with its receipt, to: Locarno Film Festival, via Franchino Rusca 1, 6600 Locarno. Postal charges for the return shipment of products are borne by the Customer.

Once the return is received and inspected, the Festival will inform the Customer of the approval or rejection of its request of refund. If the request is approved, the price will be refunded and a credit will automatically be applied to the original method of payment.

6. Cancellation of the Festival or its Services or an Event due to force majeur

Any cancellation of the 74th edition of the Festival by effect of law, decree or regulation issued by a local, cantonal, federal or international authority in the context of a situation of force majeure or emergency (among others, but not limited to situations resulting from an epidemic or pandemic, in particular with regard to COVID-19 and related consequences) will bring about the automatic termination of every contractual relationship with its Visitors without further consequences for the Festival.

Even where no such law, decree or regulation is issued by a competent authority, the Festival may at any time and when circumstances require it, for reasons of urgency, necessity or of safeguard of prevailing public or private interests (in particular with regard but not limited to COVID-19 and related consequences), cancel the 74th edition of the Festival, thereby rescinding the contractual relationship with its Visitors with no further consequences for the Festival.

The Festival may at any time and when circumstances require it, for reasons of urgency, necessity or of safeguard of prevailing public or private interests amend the formula of the 74th edition of the Festival (among others, but not limited to digital alternatives or restricted program). In this eventuality, the Festival undertakes to promptly inform the Visitors whose obligations will remain entirely valid, insofar as its rights are not substantially limited.

Visitors in possession of vouchers for tickets or season tickets will not be refunded but the validity of the voucher will be transferred to the next edition of the Festival.

7. The Website

7.1 Functionality

The Festival takes all reasonable care to ensure that the information supplied by the Website is complete, accurate and up to date. However the Festival cannot answer for the completeness, accuracy and current validity of the information on the Website or for any errors in transmission of data and declines all responsibility for damage or complications arising therefrom, insofar as such damage or complications are not intentionally caused by or arise from serious negligence on the part of the Festival. Given the technical characteristics of the Internet, the Festival offers no guarantee for error-free or uninterrupted Event of Festival services via the internet. The Festival cannot exclude the possibility of and will not in any way be held liable for illegal interference in the EDP (i.e. electronic data processing) system or illegitimate use by unauthorized persons of data supplied by the ticket Purchaser and declines all responsibility for any damage arising therefrom. Furthermore the Festival will not be held liable or responsible for any damage caused to the Purchaser’s EDP system as a result of use of the Website and in particular declines any responsibility for damage which may be caused to the Visitor’s EDP system by malware such as viruses, worms and trojans. The Purchaser uses his or her own hardware (including the printer), operating software and telecommunications devices for the purposes of using Festival services entirely at his or her own risk. The Purchaser accepts that the Festival is not obliged to support any given software or platform or operating system or to guarantee support of the kind in the future.

 

7.2 Copyright protection of the Website and its content

The entire contents of the Website are protected by copyright and unless specifically stated otherwise belong exclusively and entirely to the Festival. The Website might contain indications regarding rights of protection and use of third parties which must also be complied with. The reproduction in whole or in part, dissemination, broadcasting by electronic or other means, alteration, linking or use for public or commercial purposes of the Festival website without prior written consent of the Festival are prohibited.

All content in electronic form and/or present on the Website in the form of text, graphics, logos, icon buttons, images, audio files, digital downloads, data and software archives is the property of Festival and protected by copyright law. Any unauthorized or improper use is punishable by law.

8. Responsibility and liability

To the extent permitted by applicable law the Festival declines all responsibility, including in the event of negligence, for material damage, corporal injury or other damage to property accruing to Visitors or to ticket holders as a result of the organization of the Event or the Services. In particular the Festival will not be held liable or responsible in any way for damage caused by the cancellation or poor organization of the Event or the Services.

The enforcement of further rights and claims due to infringements of the GTC remain reserved.

9. Enforcement, severability clause, governing law and place of jurisdiction

The Festival’s potential failure in enforcing any right or provision of these GTC cannot be considered a waiver of such rights. If any provision of these GTC is held to be invalid or unenforceable by a court, the remaining provisions will remain into effect.

Legal obligations not specified in the present GTC are governed by and shall be construed in accordance with Swiss law. The court of Locarno-Città has exclusive jurisdiction to settle any dispute arising under or in connection with these GTC.

10. Amendments of the GTC

The Festival retains the right to amend or change the GTC at any time. Changes of this GTC will be published on the Website.