4. Cancellation clause and refund policy
4.1. Definitions for the purposes of this chapter 4:
• “The Festival” is the 12th European Orchestra Festival, hereafter EOF `22, set up by EOFed in Plovdiv, Bulgaria, in 2022.
• “The Organizer” is European Orchestra Federation EOFed, represented by the Board of EOFed.
• “Organizers” are the bodies, organisations, companies, and individual persons charged by the Board of EOFed with specific tasks in relation with EOF `22. In defined cases they are entitled to act for and on behalf of EOFed.
• “The Participants” are members of EOFed, i.e. orchestras, delegations of orchestras, individual persons who are themselves members of an EOFed member, accompanying persons, invited guest orchestras and individual guest persons.
• Deadline dates: e.g. “before February 15” means not later than February 14, 23:59 o’clock.
4.2. Cancellation by The Organizer
4.2.1. “Force Majeure Event”
a) If The Organizer is required to cancel the Festival due to acts beyond its reasonable control including, without limitation, acts of “God”, fire, flood, explosion, earthquake, or other natural forces, war or acts of terrorism, civil unrest, accident, any strike or labour disturbance, pandemic declared by governmental decree, governmental action in general, or any other event similar to those enumerated above (each a "Force Majeure Event"), The Organizer shall not be held liable or responsible to The Participants for any cost or expense nor be deemed to have defaulted under or breached this Contract for failure to execute any of its terms.
b) If The Festival is affected by a Force Majeure Event, The Organizer shall provide notice thereof to The Participants as soon as reasonably practicable.
4.2.2. Insufficient number of participants
a) If The Organizer deems the execution of The Festival unreasonable or impossible due to
budgetary reasons, the budget being based on a given number of registered participants (break-even), The Organizer is entitled to cancel the Festival.
b) In such cases the refund policy as exposed in § 4.3.2. here after applies.
4.3. Refund policy
4.3.1. Force Majeure Event according to § 4.2.1. above
- In the case a Force Majeure Event occurs before February 15, 2022, 90% of the participation fee or deposit thereof shall be refunded.
- In the case a Force Majeure Event occurs before March 30, 2022, 70% of the participation fee or deposit thereof shall be refunded.
- In the case a Force Majeure Event occurs between March 31, 2022, and May 4, 2022, there shall be no refund of the participation fee or the deposit thereof.
- In the case a refund according to lit a) and b) above is due, The Participants shall be refunded within 10 working days after the date of the notice.
4.3.2. Insufficient number of The Participants according to § 4.2.2. above
a) Should The Organizer make use of the clause in § 4.2.2. above, the relevant decision will be taken by The Organizer before Februari 1, 2022.
b) The Participants will be informed immediately by way of e-mail and notices on the EOFed, and The Festival home pages www.eofed.org and www.europeanorchestrafestival.org .
c) In such case 90 % of the deposits paid by The Participants shall be refunded within 15 working days after the publication of the notice according to lit. b) above.
4.4. Cancellation by Participants and refund policy
Provided whether § 4.2.1. nor § 4.2.2. enter into force, and The Participants cancel the registration, the following refund rules shall apply:
Provided neither §4.2.1. or §4.2.2. enter into force, and one or more of The Participants cancel the registration, the following refund rules shall apply:
a) Cancellation before February 15, 2022: refund of 90% of the participation fee deposit.
b) Cancellation between February 15, 2022, and before March 31, 2022: 50% refund of the participation fee deposit.
c) Cancellation after March 31, 2022: no refund.
d) In case of cancellation by parts of The Participants, the leader of such entity notifies The Organizer, and the rules in a), b) and c) above will apply proportionately.
Registration form is a contract with all its legal consequences for all the parties involved and applied by Swiss law as EOFed is an organisation regulated by Swiss law.