General Terms and Conditions

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General Terms and Conditions for Visitors of the pop music venues and festivals affiliated with the Association of Dutch Pop Music Venues and Festivals (VNPF). By approving these General Terms and Conditions, the visitor confirms that they have read and agree to the privacy statement.

Article 1 Applicability

1.1 These General Terms and Conditions for Visitors are used by all Dutch pop music venues and festivals (hereinafter referred to as: the "enterprise") affiliated with the Association of Dutch Pop Music Venues and Festival (VNPF), if and insofar as this enterprise has declared these General Terms and Conditions for Visitors applicable. A current list with affiliated enterprises can be requested from the VNPF, Funenpark 1, 1018 AK Amsterdam www.vnpf.nl.

1.2 These General Terms and Conditions for Visitors apply to every offer from and every agreement that is formed between the enterprise and the person (hereinafter referred to as: the "customer") who orders/buys an admission ticket for an event organised by the enterprise. These General Terms and Conditions for Visitors also apply if this agreement is formed through an official (advance) sales organisation (hereinafter referred to as: "(advance) sales organisation") engaged by the enterprise for the relevant event. In addition, these General Terms and Conditions for Visitors apply for every person who attends any event in the building or on the grounds, without this person having concluded an agreement with the enterprise, directly or indirectly.

1.3 In these General Terms and Conditions for Visitors, an event is understood to mean (musical) performances and/or other manifestations in the broadest sense.

1.4 In these General Terms and Conditions for Visitors, the site where the event is being held means the actual site of the event as well as all the grounds, spaces, fields, etc. surrounding it that form part of the complex within which the event is taking place.

1.5 The applicability of any general terms and conditions of the customer is expressly rejected.

Article 2 - Formation of the agreement/admission tickets

2.1 All offers, (programme) announcements or statements made or information and quotations otherwise provided by the enterprise are without obligation, and the enterprise is not obliged to sell an admission ticket to a customer.

2.2 The agreement between the enterprise and the customer is formed at the time the customer buys an admission ticket for the event from the enterprise or from an (advance) sales organisation Consequently, no reflection period applies.

2.3 An admission ticket may consist of a physical or digital document provided by or on behalf of the enterprise, with a digital code that can be read by a scanner, or a digital code provided by or on behalf of the enterprise that can be read by a scanner. The digital code is a unique code.

2.4 The admission ticket is provided once only and gives access to one person.

2.5 Admission tickets are and remain the property of the enterprise. A valid admission ticket gives the holder the right to attend the event. Access will only be given to the holder of the admission ticket who is the first to show the admission ticket at the start of the event. The enterprise may assume that the holder of this admission ticket is also the party entitled to this admission ticket (the customer). The enterprise is not obliged to make further checks with regard to valid admission tickets. The customer must ensure that they become and remain the holder of the admission ticket provided by the enterprise.

2.6 From the time the admission ticket has been provided to the customer, the customer therefore bears the risk of loss of, theft of, damage to or misuse of the admission ticket. The customer receives the admission ticket from the enterprise or the (advance) sales organisation in such condition that the enterprise can easily verify its genuineness/validity. Immediately on a request from the enterprise, the customer is obliged to show the admission ticket in a similar condition prior to the event. If the genuineness/validity of the admission ticket can no longer be verified, e.g. because of damage, the enterprise will be entitled to refuse access.

2.7 Only purchase from an (advance) sales organisation or from the enterprise guarantees the validity of the admission ticket. The burden of proof with regard to the purchase from an (advance) sales organisation or from the enterprise lies with the customer.

2.8 The admission ticket, that consists of a physical or digital document with a digital code that can be read by a scanner or a digital code provided by or on behalf of the enterprise that can be read by a scanner, is provided to the customer through electronic communication, among other things. If the customer has chosen to to receive the admission ticket in this way, the customer must ensure that this admission ticket can be provided through electronic communication and that it can be provided in a safe manner. The enterprise cannot guarantee the confidentiality of the admission ticket provided or the receipt of the admission ticket.

2.9 If the customer has chosen to to receive the admission ticket by post, the customer must ensure that this admission ticket can be provided in this way and that it can be provided in a safe manner. The enterprise cannot guarantee the confidentiality of the admission ticket provided or the receipt of the admission ticket. If the admission ticket has not been received, this is not the responsibility of the enterprise. In that case, the customer must in good time, i.e. at such stage prior to the start of the event that the enterprise can invalidate the admission ticket and provide a new admission ticket in time, turn to the enterprise or the (advance) sales organisation where the admission ticket was bought and submit sound documentary evidence of this purchase, failing which the enterprise is entitled to deny access to the customer.

2.10 The enterprise reserves the right to set a maximum on the number of admission tickets that can be ordered per customer, in which case the customer is obliged to observe the maximum set by the enterprise.

2.11 An admission ticket does not give a right of access after the end of the event in question.

2.12 The enterprise or the (advance) sales organisation is entitled to charge the customer - on top of the price for the admission ticket - a fee to cover the costs incurred in the formation of the agreement (hereinafter: "service charges").

2.13 The enterprise is entitled to make the right of access subject to the condition that the customer becomes a paying member of the enterprise before attending the event.

Article 3 - Prohibition on resale

3.1 The customer is obliged to keep the admission ticket for an event for their own use and is therefore not allowed to resell it in any way to third parties, to offer it for sale or to give it to third parties for commercial purposes.

3.2 The customer is not permitted to advertise or make any (other) form of publicity in any way connected with the event and/or any part of it if this is done for the purpose of selling or reselling the admission ticket. The judgment of the enterprise that the intention is aimed at selling or reselling the admission ticket(s) is binding.

3.3 The customer is allowed to make their admission ticket available to third parties for free, provided this is not done for commercial purposes and the customer also imposes the obligations imposed on them as customer, as described in the General Terms and Conditions for Visitors, including the prohibition on resale, on the person to whom they make the admission ticket available. The customer guarantees to the enterprise that this person/these persons will comply with these obligations.

3.4 If the customer does not comply with one or more of their obligations as described in the preceding paragraphs of this article and/or a breach of the guarantee occurs, the customer will owe the enterprise an immediately due and payable penalty of €10,000 per violation and a penalty of €5,000 for each day during which the violation has continued and continues, without prejudice to the right of the enterprise to demand performance from the customer and/or (instead of the penalty)compensation for the damage suffered or yet to be suffered.

3.5 An admission ticket that has been/is resold and/or used for commercial purposes may be invalidated by the enterprise. An invalidated admission ticket does not give a right of access to the event and does not entitle the customer and/or holder to a refund and/or compensation.

Article 4 - Other obligations of the customer

4.1 When visiting the event and when ordering the admission ticket, the customer is obliged, immediately on a request, to identify themselves in order to enable the enterprise, among other things, to comply with its legal obligations in connection with events, including the obligation not to provide alcohol to persons under the age of 18.

4.2 Unless organised otherwise by the enterprise, the visitor must be in possession of a valid and undamaged admission ticket both before and during the event and for as long as the visitor is at the site where the event is being held. The visitor is obliged to present the admission ticket at the request of the operator of the site where the event is being held, the security personnel and other authorised persons.

4.3 The visitor is obliged, if so requested, to cooperate in a body search (including any hand luggage brought) when visiting the event.

4.4 During the stay at the site where the event is taking place, the customer is obliged to behave in accordance with the house rules of the enterprise. The visitor is obliged to abide by the instructions and/or orders given by officers designated by the enterprise for this purpose, the operators of the site where the event is being held, the security personnel, the fire department, and other authorised persons.

4.5 Among other things, the customer is prohibited from:
a) Bringing photographic, film and other recording equipment to the site where the event is taking place, on penalty of confiscation of such equipment for the duration of the event.
b) Registration of the event in any form whatsoever, including photographing, filming and making (other) sound and/or visual recordings, is prohibited, as well as printing and/or copying from the programme (booklet), posters, and other printed matter. All such recordings will be confiscated and destroyed without fail.
c) Smoking at the site where the event is being held.
d) Bringing glass, plastic bottles, cans, fireworks, weapons or firearms and/or dangerous objects and/or food and/or alcoholic drinks to the site where the event is taking place, on penalty of confiscation of these items.
e) Bringing drugs to the site where the event is taking place, on penalty of confiscation of these items, and in some cases arrest and reporting to the police.
f) Bringing items or substances that are - in the opinion of the persons designated by the enterprise for this purpose - dangerous and/or annoying to the visitors of the site where the event is taking place, on penalty of confiscation of these items.
g) Wearing face-covering clothes, for reasons of security. A customer whose face is not visible may be denied access to the location.
h) Bringing large bags or backpacks, baby slings worn on the back, prams or other large objects to the locations where the programme is being presented.
i) Causing damage to the site where the event is taking place. The customer is liable for all damage caused by them in or to the site where the event is taking place.
j) Offering goods of whatever nature for sale to third parties, or providing these to third parties without charge.
k) Causing nuisance to other customers, including by (but not limited to) inappropriate behaviour (including wilful damage) and theft.

Article 5 - Rights of the enterprise

5.1 If the customer violates one or more of the provisions contained in these General Terms and Conditions for Visitors, the customer will be in default by operation of law without any further notice of default being required, and the enterprise will be entitled to terminate the sale with immediate effect and without judicial intervention and/or deny the customer (further) access to the event, for example by means of invalidating the admission ticket. In situations as described in the preceding sentence, the customer is not entitled to a refund of the amount that the customer has paid the enterprise/the (advance) sales organisation for the admission ticket (including service charges) and/or any other form of compensation. An invalidated admission ticket does not give a right of access to the event (anymore). Holders of invalidated admission tickets are not entitled to a refund or compensation in any other way.

5.2 The enterprise is entitled to refuse access, permanently or for a specific period of time, to a visitor who violated the rules from these General Terms and Conditions for Visitors during one or more previous visits to the location where the event is being organised, or if there is any other justified fear of damage caused by the customer. The enterprise reserves the right to deny the visitor (further) access to the event or to remove the customer from the site where the event is taking place if the enterprise considers this reasonably necessary for the maintenance of peace and order during the event.

5.3 If it can be assumed that the admission ticket has been forged, the enterprise is entitled to refuse the holder of the ticket (further) access to the event and invalidate the admission ticket, without the customer or this holder being able to claim compensation for any damage suffered as a result.

5.4 The artist, the organiser who rented the location from the enterprise and/or the enterprise are entitled to (have third parties) make visual and/or sound recordings of the event and the site where it is being held, including the audience, as well as to publish and reproduce these recordings. By attending the event, persons who appear in the recordings give their consent for this purpose, without being able to claim any compensation.

5.5 The enterprise is entitled to adjust the (regular) opening hours to incidental practice drills in the context of company emergency response (Article 23 of the Working Conditions Act) or, in the event of a calamity, to a complete or partial evacuation of the site where the event is taking place, if this is deemed necessary by the enterprise. Such adjustment of the (regular) opening hours does not entitle the customer to a refund of any admission price paid and/or compensation.

5.6 There is CCTV at the site where the event is being organised. CCTV footage is kept for a period to be determined by the enterprise and will be provided to the police if necessary.

5.7 If necessary - at the discretion of the enterprise - for maintaining order and peace, the enterprise is entitled to refuse a customer access to the event, without any right to a refund of the amount paid and/or compensation arising therefrom, if this customer arrives after the start of the event.

Article 6 - Force majeure

6.1 In these General Terms and Conditions for Visitors, force majeure means, in addition to the definitions of this term in laws and case law, all external causes, whether or not foreseen, that the enterprise cannot influence, but due to which the enterprise is unable to meet its obligations. Force majeure is taken to mean, among other things: nuisance, inconvenience or unlawful acts caused by third parties, including other visitors and/or the performing artists, by maintenance work, by improper functioning of facilities, by the presence of persons and/or items that obstruct the free view, by events taking place at the same time, and/or by the allocation and distribution of the standing places or seats. Mistakes made by third parties in, for example, announcements, statements and/or quotations with regard to the event are also regarded as force majeure. In the case 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, including sickness of and/or cancellation by the artist(s), strikes, fire, adverse weather conditions, etc. the enterprise is entitled to reschedule the event to a later date or to cancel the event.

6.3 If as a result of or in relation to force majeure, the enterprise cancels the event before it has started, the enterprise will only be obliged to reimburse the customer for the price stated on the admission ticket, or in the absence thereof, the price (excluding service charges) that the customer has paid to the enterprise or the official (advance) sales organisation mentioned in Article 1.2. If as a result of or in relation to force majeure an event must be cancelled after it has started, the enterprise will only be obliged to refund a part of the price stated on the admission ticket, to be determined by the enterprise, or in the absence thereof, the price (excluding service charges) that the customer has paid to the enterprise or the official (advance) sales organisation mentioned in Article 1.1. Refunds will be made by an (advance) sales organisation no later than within thirty days after the date that was cancelled, on presentation by the customer of a valid and undamaged admission ticket for the (cancelled) event to this (advance) sales organisation. Service charges or other damage will not be compensated. Nor can the customer claim (replacement) admission to another event.

6.4 If as a result of or in relation to force majeure, the enterprise reschedules the event to a later date, the admission ticket remains valid for the new date on which the event will take place. If the customer is unable or does not want to attend the event on the new date, the customer is entitled to hand in the admission ticket to an (advance) sales organisation in exchange for a refund of the price stated on the admission ticket, or in the absence thereof, the price (excluding service charges) that the customer has paid to the official (advance) sales organisation mentioned in Article 1.2. Such refund will only take place if the customer presents a valid and undamaged admission ticket to the (advance) sales organisation in good time. If the event has been rescheduled to a later date, the customer will not be able to claim a refund of the aforementioned payment if the customer has not handed in the relevant admission ticket to the (advance) sales organisation within four weeks after the new date on which the event will take place of before the new date of the event if this event takes place less than four weeks after the original date. If the event has been rescheduled to an earlier date than stated on the admission ticket, the customer's right to a refund of the amount will lapse if the customer does not hand in the admission ticket to an (advance) sales organisation within four weeks after the (old) date as stated on the admission ticket.
Other damage will never be compensated. Nor will the customer be able to claim (replacement) admission to another event.

Article 7 - Liability of the enterprise

7.1 Access to the site where the event is taking place and attendance at the event will be at the risk of the visitor in the sense that the enterprise accepts no liability whatsoever for damage resulting from such access or attendance, such as hearing, sight and other physical impairments and/or injuries, unless there is intent or gross negligence on the part of the enterprise.

7.2 The enterprise is liable for direct damage suffered by the customer that is the direct and exclusive result of a shortcoming that can be attributed to the enterprise. However, only damage for which the enterprise is insured and which is compensated by the insurer will be eligible for compensation. Liability of the enterprise is excluded in the following cases (which will therefore not be eligible for compensation):
a) damage resulting from actions by third parties, including tenants of (spaces in or parts of) the site where the event is taking place and the persons engaged by these third parties;
b) damage resulting from failure to follow instructions given by the officers of the enterprise and from failure to comply with the house rules;

7.3 The enterprise will aim to ensure that the programme is performed as far as possible in accordance with the announced time schedule. However, it is not liable for any deviations therefrom and for any damage arising therefrom for the customer and/or third parties.

7.4 Furthermore, the enterprise is not liable for the content and the manner in which the programme of the event is carried out (i.e. the quality), including expressly the length of the programme. Nor is the enterprise liable for changes in the programme of an event.

7.5 The enterprise is also not liable for any damage suffered by the customer as a result of loss of or damage to the admission ticket.

Article 8 - Conditions for use of the cloakroom of the enterprise

8.1 If the enterprise makes a cloakroom available, the enterprise will be entitled to refuse handing in of items in the cloakroom that are, in the exclusive opinion of the enterprise, too big. A fixed price per item is charged for the use of the cloakroom of the enterprise. Only coats, scarves, bags, hats, helmets and umbrellas are accepted for taking into custody. Except for bags, these may contain no items.

8.2 One receipt is provided for each item handed in. Return of items only takes place on presentation of this receipt.

8.3 The enterprise does not want to enter into a custody agreement for items (including their content) with a (total) value of more than €150. Items (including their content) with a (total) value of more than €150 may not be handed in at the cloakroom. The person who uses the cloakroom warrants that the value of an item to be handed in does not exceed €150 and cannot and will not hold the enterprise liable for loss of or damage to such item for an amount exceeding €150.

8.4 The liability of the enterprise will at all times be limited to €150 for each item (including content) handed in at the cloakroom. The enterprise is also not liable for damage other than damage to or related to the loss of an item itself, and therefore not for indirect and/or consequential damage.

8.5 The customer who hands in an item at the cloakroom indemnifies the enterprise against damage caused by (the content of) the item handed in.

8.6 Items handed in will only be kept by the enterprise for the duration of the event in question. Before leaving the location where the event is being held, the customer is obliged to collect items handed in at the cloakroom of the enterprise, failing which the enterprise is entitled not to return such items. Every custody agreement ends at the closing time of the location following the time the item was given into custody.

Article 9 - Personal data

9.1 The enterprise processes personal data of customers and visitors of its website(s) in accordance with its privacy statement and with the General Data Protection Regulation. The privacy statement of TivoliVredenburg is available here.

Article 10 - Final provisions

10.1 Dutch law applies to these General Terms and Conditions for Visitors and to every agreement that exists between the customer and the enterprise.

10.2 All disputes that may arise as a result of these General Terms and Conditions for Visitors, the agreement between the enterprise and the customer, or any agreement that may result from this agreement, will exclusively be settled by the competent court in the Netherlands.