GENERAL TERMS AND CONDITIONS FOR VISITORS
General Visitor Conditions for BIJ ANDREAS and The ‘Naarden International Piano Festival’
Article 1 – Applicability
1.1 These General Terms and Conditions for Visitors apply to any offer and any agreement concluded between the company and the individual who (hereinafter referred to as: the “customer”) orders or buys an admission ticket for an event organised by the company. These general terms and conditions also apply if this agreement is concluded through a(n) (official) (advance) sales organisation (hereinafter referred to as (advance) sales address) engaged by the company for the event in question. These General Terms and Conditions for Visitors also apply to individuals who attend an event in the building or on the site, without the individual in question having directly or indirectly concluded an agreement with the company.
1.2 In these General Terms and Conditions for Visitors ‘event’ means (musical) performances and/or other manifestations in the broadest sense of the word.
1.3. In these General Terms and Conditions for Visitors ‘site where the event is held’ means the actual site of the event as well as the grounds, rooms, fields, etc. around it, which form part of the complex in which the event takes place.
1.4 The applicability of any other general terms and conditions of the customer is explicitly rejected.
Article 2 – Establishment of the agreement/admission tickets
2.1 Any offers, (programme) announcements, notifications or information otherwise provided or quotations by the company are without obligation and the company is not obliged to sell an admission ticket to a customer.
2.2 The agreement between the company and the customer is concluded at the moment that the customer buys an admission ticket for the event from the company or a(n) (advance) sale address.
2.3 An admission ticket can consist of a physical or electronic document issued by or on behalf of the company containing a digital code that can be read by a scanner, or a digital code issued by or on behalf of the company that can be read by a scanner. The digital code is a unique code.
2.4 The admission ticket will be issued only once and gives access to one person.
2.5 The admission tickets are and remain the company’s property. A valid admission ticket gives the holder the right to attend the event. Access will no longer be given after the event has started. Access is given only to the first holder of the admission ticket presented at the entrance of the event. The company may assume that the holder of this admission ticket is also the person who is entitled to it (e.g. is the customer). The company is not obliged to perform any further verification in respect of valid admission tickets. The customer must take responsibility for ensuring that he is and remains the holder of the admission ticket issued by the company.
2.6 As of the time that the admission ticket has been made available to the customer, the customer bears the risk of loss, theft, damage or misuse of the admission ticket. The customer receives the admission ticket from the company or the (advance) sale address in such condition that the company is capable of verifying the ticket’s authenticity/validity in a simple manner. The customer is obliged to present the admission ticket in the same condition on the company’s demand before the start of the event. If the admission ticket can no longer be verified on authenticity/validity, for example due to damage, the company will have the right to refuse access.
2.7 Only purchase from the company guarantees the validity of the admission ticket. The burden of proof in respect of purchase from the company rests with the customer.
2.8 The admission ticket that consists of a physical or digital document containing a digital code that can be read by a scanner or a digital code provided that can be read by a scanner is inter alia given to the customer via electronic communication. If the customer has chosen to receive the admission ticket in this manner, the customer must ensure that this admission ticket can be supplied via electronic communication and that this can be done in a secure manner. The company can guarantee neither the confidentiality of the supplied admission ticket nor the receipt of the admission ticket.
2.9 An admission ticket does not give right to access after the end of the event in question.
Article 3 – Prohibition against resale
3.1 The customer is obliged to reserve the admission ticket for an event for his or her own use and may therefore not pass it on to third parties through resale, an offer for resale, or in the context of commercial purposes.
3.2 The customer is forbidden to make any type of advertising or any other kind of publicity relating to the event and/or any part of it, if this occurs with the intention of (re)selling the admission ticket. The company’s opinion that the intention is aimed at (re)sale is binding.
3.3 The customer may pass on his or her admission ticket to third parties for free, provided this is not done for commercial purposes and that he or she imposes on the one to whom he gives the admission ticket the obligations that rest on him or her as a customer, as they are contained in these General Terms and Conditions for Visitors, including the prohibition against resale and guarantees towards the company that this person or these persons comply with the same obligations.
3.4 The company may invalidate an admission ticket that has been or is resold and/or is used for commercial purposes. An invalidated ticket does not give right to access the event, without the customer and/or the holder being entitled to a refund and/or compensation.
Article 4 – The customer’s other obligations
4.1 Unless organised otherwise by the company, the customer must be in possession of a valid and intact admission ticket both before the start and during the event and for as long as he or she is on the site where the event is being held. Upon the request of the proprietor of the site where the event is being held, he or she is obliged to present his or her admission ticket to the attendants and other authorised persons for inspection.
4.2 Both during attendance in or on the site where the event is being held, the customer is obliged to observe the company’s house rules. The customer is obliged to comply with the regulations and/or instructions of the officials designated by the company for that purpose, the proprietors of the site where the event is being held, the attendants, the fire brigade and other authorised personnel.
4.3 The customer is forbidden:
- To bring photographic, film and other recording equipment to the site where the event takes place subject to confiscation for the duration of the event.
- Recording of the event in whatever form, including photographing, filming and any other type of sound and/or image recording is prohibited as is reproduction of and/or copying parts of the programme (booklet), posters and other printed matter. All such recordings will be confiscated and unconditionally destroyed.
- To smoke at the site where the event is being held.
- To bring glass containers, plastic bottles, cans, firework, (fire)arms and/or dangerous objects and/or food and/or (alcoholic) drinks to the site where the event takes place subject to confiscation of these articles.
- To bring drugs to the site where the event takes place subject to confiscation of these articles, and in some cases an arrest by or report to the police.
- To bring dangerous objects or substances and/or objects or substances that disturb visitors, in the opinion of the persons designated for that purpose, to the place where the event takes place subject to confiscation of these articles.
- To wear face-covering clothing, this for reasons of security. A customer whose face is not visible may be refused access to the site.
- To bring large rucksacks or bags, back baby carriers, prams or other large objects to the sites where the programme is performed.
- To cause damage to the site where the event takes place. The customer is liable for any damage that is caused by him or her or to the site where the event takes place.
- To offer goods of whatever nature for sale to third parties, or to provide them for free.
- To obstruct other customers by, including but not limited to, inappropriate behaviour (including molestation) and theft.
Article 5 – The company’s rights
5.1 Should the customer contravene (one or more of) the provisions provided in these General Terms and Conditions for Visitors, he or she will be in default by operation of law without any notice of default being required, and the company is entitled to terminate the sale with immediate effect and without judicial intervention and/or to refuse the customer (further) access to the event, i.e. by invalidating the admission ticket. In the situations referred to in the previous sentence, the customer has no right to a refund of the amount that he or she has paid the (advance) sales address/the company, for the admission ticket (including the service charges) and/or any other compensation. An invalidated admission ticket does not (no longer) give right to access the event. Holders of invalidated admission tickets are not entitled to a refund or other compensation.
5.2 The company is entitled to refuse a customer access to the site where the event is being held once and for all or for a definite period of time, if he or she broke the rules contained in these General Terms and Conditions for Visitors during one or several visits, or if there is a justified fear in any other way of the customer causing damage. The company retains the right to refuse the customer (further) access to the event or to remove him or her from the site at which the event is taking place if the company considers this reasonably necessary for the maintenance of peace and order during the event.
5.3 If an admission ticket is likely to be counterfeit, the company is entitled to refuse the holder of this admission ticket (further) access to the event and to invalidate the admission ticket without the customer or this holder being able to claim any compensation for any loss that this may cause him or her.
5.4 The organiser, the artists and/or the company are entitled to (cause to) make image and/or sound recordings of the event and the site where this event takes place, including the public, as well as to publish or multiply such images and recordings. Persons who appear in the recordings give their permission for this, if this situation arises, by means of attending the event, without claiming any payment.
5.5 The company is entitled to adjust the (regular) opening times to incidental exercises within the context of company emergency response arrangements (Section 23 of the Working Conditions Act) or, in the event of a calamity, to the full or partial evacuation of the place where the event takes place if considered necessary by the company. Such an adjustment of the (regular) opening times does not entitle the customer to a refund of any admission price paid and/or compensation.
5.6 If, in the company’s opinion, this is necessary in view of the maintenance of the order and peace, the company has the right to refuse a customer access to attend the event, without any right to a refund of the paid price and/or compensation, if the customer only arrives after the event has started.
Article 6 – Force Majeure
6.1 In addition to the meaning in legislation and case law, ‘force majeure’ in these General Terms and Conditions for Visitors means all the foreseen or unforeseen causes coming from outside, which the company cannot exert influence upon, but as a result of which the Company is unable to fulfil its obligations. ‘Force majeure’ means among other things: nuisance, inconvenience and/or unlawful acts caused by third parties, including other visitors and/or the performing artists, on account of maintenance work, on account of improper functioning of facilities, on account of the presence of persons and/or objects blocking the free view, on account of simultaneous events and/or on account of the allocation and division of the standing places or seats. Errors made by third parties in, for example, announcements, communications and/or quotations in respect of the event also fall under force majeure. In the event of force majeure there is no right to a refund and/or compensation.
6.2 In the case of force majeure in the broadest sense of the word, including in this context illness and/or cancellation by the artist(s), strikes, fire, poor weather conditions, etc., the company has the right to reschedule the event on a later date or to cancel it.
6.3 If as the result of or in relation to force majeure, the event is cancelled by the company before it has started, the company will only be obliged to refund to the customer the price mentioned on the admission ticket by the company, or in the absence of such, the price (excluding service charges) that the customer has paid to the company). If as the result of or in relation to force majeure, an event must be cancelled after it has started, the company will only be obliged to refund the customer part of the price mentioned on the admission ticket by the company, to be fixed by the company, or in the absence of such, the price (excluding service charges) that the customer has paid to the company or the official (advance) sales address as referred to in article 1.1. 6.3 If as the result of or in relation to force majeure, the event is cancelled by the company before it has started, the company will only be obliged to refund to the customer the price mentioned on the admission ticket by the company, or in the absence of such, the price (excluding service charges) that the customer has paid to the company). If as the result of or in relation to force majeure, an event must be cancelled after it has started, the company will only be obliged to refund the customer part of the price mentioned on the admission ticket by the company, to be fixed by the company, or in the absence of such, the price (excluding service charges) that the customer has paid to the company or the official (advance) sales address as referred to in article 1.1. Restitution is made no later than twelve weeks after the date of the canceled event at an (advance) sales address upon the customer’s presentation of a valid and intact admission ticket for the (canceled) event, to this (advance) sales address.
6.4 If the event is scheduled by the company on another date as a result of or in relation to force majeure, the admission ticket remains valid for the new date on which the event will take place. Should the customer be unable or unwilling to attend the event on the new date, he or she is entitled to return his or her admission ticket to an (advance) sales address in exchange for a refund of the price mentioned on the admission ticket by or on behalf of the company, or in the absence of such, the price (excluding service charges) that the customer has paid to the official (advance) sales address. This refund will only be made if the customer timely presents a valid and intact admission ticket to the (advance) sales address. If the event is rescheduled on a later date, the customer can make no claim for refunding the above-mentioned price if he or she has not presented the relevant admission ticket to the (advance) sales address within four weeks after the date on which the event has been rescheduled or for the new date of the event if it takes place less than four weeks after the original date. If the event is rescheduled on a date earlier than the date stated on the admission ticket, the customer forfeits the right to a refund if he or she does not return his or her admission ticket to a(n) (advance) sales address within four weeks after the (originally scheduled) date as printed on the admission ticket. If the event is rescheduled on a date earlier than the date stated on the admission ticket, the customer forfeits the right to a refund if he or she does not return his or her admission ticket to a(n) (advance) sales address within four weeks after the (originally scheduled) date as printed on the admission ticket.
Article 7 – The company’s liability
7.1 The customer will enter the site where the event takes place and attend the event at his or her own risk, in the sense that the company accepts no liability whatsoever for damage or loss arising from the fact of this entrance or attendance, including damage to hearing or vision or any other bodily disorders and/or injuries, unless intent or wilful recklessness exists on the part of the company.
7.2 The company is liable only for immediate loss that the customer suffers and that is the immediate and exclusive consequence of a failure attributable to the company. However, the only types of damage eligible for compensation are those for which the company is insured and which the insurer covers. The company’s liability is excluded (and is therefore not eligible for compensation) for:
- damage or loss as a result of the acts of third parties, including tenants of (rooms in or parts of) the site where the event takes place and the persons engaged by those third parties;
- damage or loss as a result of not complying with the instructions given by the officials of the company and not complying with the house rules;
7.3 The company will do all in its power to ensure that the programme follows the announced timetable. However, it is not liable for deviations from it and for any (possible) loss that this could cause for the customer and/or third parties.
7.4 Furthermore, the company is not liable for the content of the event’s programme or the way (quality) in which it is performed, including explicitly the length of the programme. Neither is the company liable for any changes in the event programmes.
7.5 The company is not liable for damage or loss to the customer arising from the loss of or damage to the admission ticket
Article 8 – Conditions for the use of the company’s cloakroom
8.1 If the company provides a cloakroom, it is entitled to refuse the deposit of objects in the cloakroom, including objects of an excessive size, at the company’s sole discretion. A fixed price for each object is charged for the use of the company’s cloakroom. Only coats, scarves, bags, hats, helmets and umbrellas are accepted for safekeeping. These items may not contain any objects, except for bags.
8.2 The customer who deposits a coat or object with the cloakroom indemnifies the company against loss or damage to the object deposited.
8.3 The company will only keep the deposited coats or objects for the duration of the relevant event. The customer is obliged to collect the objects deposited at the cloakroom before he or she leaves the site where the event is being held, failing which the company is entitled not to return the object. Every agreement of safekeeping terminates at the time of closure of the site, following the depositing of the object.
Article 9 – Data protection
Article 10 – Final provisions
10.1 These General Terms and Conditions for Visitors and every agreement concluded between the customer and the company is governed by the laws of the Netherlands.
10.2 All differences that may arise in connection with these General Terms and Conditions for Visitors, the agreement between the company and the customer or in connection with any agreement arising from it will be resolved by the competent court in the Netherlands.