1.1
These General Terms and Conditions for Visitors are applied by all Dutch concert halls, theatres, and other venues that are affiliated with the Association of Theatres and Concert Halls (‘Vereniging van Schouwburg- en Concertgebouwdirecties, VSCD’), as well as by a number of other
organisations choose to use them.
1.2
These General Terms and Conditions for Visitors apply to all agreements between the Holland Festival (hereinafter referred to as the 'Festival’) and a Visitor to the Festival. These General Terms and Conditions for Visitors also apply to all actions performed in the execution of this agreement. For the purposes of these General Terms and Conditions for Visitors,'Visitor'; is understood to mean any person or legal entity who enters into an agreement in any way, directly or indirectly, with the
Festival with regard to attendance at an event to be organised by the Festival or by a third party in the Festival's venue (hereinafter referred to as 'the venue', which should also be understood to mean that part of the public road adjacent to the venue to which the Festival is in any way entitled for commercial purposes) or any other location used by the Festival. In addition, these General Terms and Conditions for Visitors are applicable to anyone attending any event in the Venue, without the person concerned having Entered into an agreement, directly or indirectly, with the Festival.
1.3
The Festival will do everything in its power to ensure that the Visitor's visit to the venue takes place in accordance with their wishes. The Festival will exercise the utmost care with regard to the Visitor. The Festival will also try to ensure that the events in the Venue take place without interruption. The Festival endeavours to limit any discomfort or inconvenience for the Visitor to a minimum and to guarantee the Visitor's safety as much as possible. The Festival is always open to
suggestions from the Visitor on how to improve its services. The Visitor can contact the management of the Festival at any time. The Festival apologises for any discomfort or inconvenience that cannot reasonably be avoided.
2.1
All offers, (programme) announcements, notices, or other information and quotes made by the Festival or by third parties are without obligation. The Festival accepts no liability for any errors in announcements, offers, notices, or other information and quotes made by the Festival and third
parties to the Visitor, or for errors made in the sale or advance sale of tickets by third parties, including advance sales outlets.
2.2
If requested to do so, the Visitor must always be able to provide their admission ticket and any ticket entitling them to a discount on this admission ticket to recognisable Festival representatives.
The admission ticket must in any case be shown when entering (the relevant area of) the Venue, even if the Visitor has left (the relevant area of) the Venue at any time during an event.
2.3
The Visitor is not entitled to a refund of the admission price or any other compensation (i) in the event of loss or theft of his/her admission ticket or (ii) if the Visitor has obtained the admission ticket from a third party other than the Festival and the third party does not pay the admission price to the Festival for reasons on the third party's part. If for any reason the Visitor does not use the admission ticket, he/she shall bear the cost of that loss. Once an admission ticket has been obtained, it cannot be exchanged. In such cases, the ticket price will not be refunded, either.
3.1
The Visitor is obliged to keep an event admission ticket for their own use, and therefore may not sell it to third parties in any way, to offer it for sale, or to offer it or provide it for commercial
purposes.
3.2
The Visitor is obliged vis-à-vis the Festival not to advertise in any way or to make any (other) form of publicity in connection with the event and any part of it if this is done with what the Festival considers the intention of selling or reselling the admission ticket.
3.3
A Visitor who makes their admission ticket available to third parties for non-commercial purposes is obliged to impose the obligations imposed on them as a Visitor, as set out in the preceding paragraphs of this Article, on the person to whom they have provided the admission ticket, and guarantees the Festival that such person(s) will fulfil these obligations.
3.4
If the Visitor fails to fulfil their obligations as set out in the preceding paragraphs of this Article and/or cannot vouch for them, the Visitor will owe the Festival an immediately payable penalty of
€10,000 for each infringement and €5,000 for each day that the infringement persists, without prejudice to the Festival's right to demand the Visitor's additional compliance and/or compensation for any monies paid or damage yet to be suffered.
4.1
During his/her stay in the Venue, the Visitor must behave in accordance with public order, good morals, and the rules of decency applicable to the nature of the event they are attending. The Visitor is also obliged to comply with the instructions and instructions given by recognisable
Festival representatives. If, in the reasonable opinion of a managerial officer of the Festival, the Visitor in any way contravenes these standards, directions, or instructions, the Visitor may be denied further access to the Venue for the event in question, without the Visitor being able to exercise any right to reimbursement of his/her admission ticket.
4.2
Among other things, the Visitor is prohibited from: offering for sale, of whatever nature, or providing free of charge goods and written information to third parties in the Venue without the express permission of the management; bringing (domestic) animals into the Venue;
bringing food and/or (alcoholic) drinks into the venue;
doing anything that a Festival representative considers dangerous and/or annoying to visitors bringing items or substances into the Venue or carrying them with you;
bringing drugs into and/or using them in the venue.
4.3
The Festival can require inspection of any bags carried by the Visitor. In addition, if deemed necessary, specially trained and qualified staff may ask the Visitor to cooperate in a security search. In the event of a refusal to cooperate, the Visitor may be denied (further) access to the
Venue without the Visitor having any right to a refund of the price of the admission ticket.
4.4
The Visitor is prohibited from carrying photographic, video, film, sound, or other recording equipment in the venue without the prior written permission of the Festival management and may not use said equipment without the prior written permission of the Festival management.
Telephones or other means of wireless communication must be turned off prior to entering the Venue. Recognisable Festival representatives are authorised to demand that any equipment found be handed over and taken into custody during the Visitor's stay in the venue. In the event of
refusal to cooperate, the Visitor may be denied (further) access to the Venue, without the Visitor being able to claim any refund of the price of the admission ticket.
4.5
The Festival reserves the right to create video and/or audio recordings of the event at which the Visitor is present. The Visitor shall not object by copyright or other means to the use of their portrait/resemblance as part of the publicity for those events.
4.6
Within the Festival, rules regarding smoking apply in the designated areas. The Visitor is obliged to comply with these smoking regulations. In the event of the Visitor's refusal to cooperate, the Venue Manager is entitled to deny the Visitor (further) access to the Venue, without the Visitor being able to claim any refund of the price of the admission ticket.
5.1 The Visitor's stay in the Venue is at his/her own risk and expense.
5.2
The Festival is only liable for property damage and/or consequential damage suffered by the Visitor or injury caused to the Visitor directly and exclusively as a result of an intentional act or omission or gross negligence on the part of the Festival and/or its representatives, with the proviso that only the only damage eligible for compensation is damage for which the Festival is insured or for which it should have reasonably been insured and for the maximum amount included therein.
The Festival is not liable for, among other things:
special cases in which general safety reasonably requires it, damage as a result of the actions of third parties, including parties hired by the Festival, tenants of (premises in) the venue and persons hired by these third parties;
damage as a result of failure to comply with the instructions given by Festival representatives and failure to comply with the generally applicable rules of decency;
(consequential) damage as a result of unforeseeable changes in the start and end times of the events to which the contract between the Festival and the Visitor relates;
damage in any way caused by other visitors.
5.3
The Festival is never liable for damage suffered by the Visitor as a result of force majeure on the part of the Festival. Force majeure also includes any circumstance beyond the Festival's control even if this was already foreseeable as a possibility at the time the contract was concluded that temporarily or permanently prevents fulfilment of the contract and, insofar as not already included, any war, acts of war, civil war, riots, riots, police and/or fire fighting measures, strikes, transport problems, fire and other serious disruptions in the Festival's business or in the venue, weatherconditions and, for whatever reason, non-functioning public transport.
6.1
Complaints about the execution of the contract between the Festival and the Visitor must be submitted to the Festival management by registered letter within eight days of the contract being executed or from the time the contract should have been executed. The Festival will not consider
complaints submitted after this period.
6.2
Objections are not possible with regard to the following complaints and circumstances, and will therefore never lead to any obligation to pay compensation on the part of the Festival:
complaints and circumstances relating to changes in the programme, including, but not limited to, changes in the person(s) performing, in the composition of the program, event date changes;
complaints and circumstances relating to the quality of the performance of the events to which the contract between the Festival and the Visitor relates;
complaints and circumstances relating to nuisance or inconvenience caused by other visitors or unlawful intruders including, but not limited to, noise issues, inappropriate behaviour, theft, and harassment; in the event of repeated nuisance or inconvenience by certain visitors to be identified
in greater detail, the Festival will do its utmost to prevent these visitors from entering the Festival
in the future, if necessary; complaints and circumstances relating to nuisance or inconvenience caused by maintenance work on the Venue, or to the consequences of such maintenance work that could reasonably be done at
that time;
complaints and circumstances relating to nuisance or inconvenience caused by the improper functioning of facilities in Venue areas;
complaints and circumstances relating to nuisance or inconvenience, including limited visibility for the Visitor, caused by (sound) recordings by the media and the technical provisions made in Venue
areas as a result;
complaints and circumstances relating to (noise) nuisance caused by events taking place at the same time, including necessary actions that are intended prepare for these events, or that are in any other way related to these events, in other areas of the Venue;
complaints and circumstances relating to the allocation and distribution of seats and/or a change to the seating plan required by circumstances;
complaints and circumstances relating to nuisance or inconvenience, including a limited view of the stage and surtitles;
complaints and circumstances relating to the presence or absence of surtitles, caused by the inadequate functioning of the technical facilities, or the Festival's choice of whether or not to offer
this service;
complaints and circumstances relating to nuisance or inconvenience caused by public transport strikes;
complaints that the Visitor has been denied access to the Venue area because the event had already started in that area.
7.1
Data relating to the Visitor, including data relating to the Visitor's name, address, and place of residence, recorded by the Festival and/or the Alignment in connection with the issue of an admission ticket, will be included in a record within the meaning of the Personal Data Registration
Act (WPR). The Festival and/or the point of sale is the holder of this record. A copy of the application form pursuant to the WPR of this record is available for inspection at the Festival and the point of sale. If the Visitor does not wish to receive personally addressed
information, they can indicate their preference by writing a letter to the Festival.
7.2
The Festival may ask Visitors to identify themselves. If the Visitor is unable to or refuses to provide identification, they may be refused admission to the Festival. In this case, the ticket price
will not be refunded.
8.1
In the event of a breach by the Visitor of (one or more of) the provisions referred to in these General Terms and Conditions, the Festival has the right to cancel the ticket or to refuse the Visitor
further access to the event without the Visitor being entitled to a refund of costs paid to the Festival for the ticket (including service costs), whether or not the ticket was purchased at an advance sales outlet. Holders of invalidated entry tickets are not entitled to a refund.
8.2
If it is likely that the ticket has been forged, the Festival may refuse to grant the ticketholder (further) admission to the event, without the Visitor or the ticketholder being able to make claims for any damage that they may suffer as a result.
9.1
The Festival may add supplementary conditions and/or rules applicable to these General Terms and Conditions.
10.1
Dutch law applies to these General Terms and Conditions for Visitors and the contract between the Visitor and the Festival.
10.2
All disputes arising from the agreement between the Visitor and the Festival will be submitted to the competent court in Amsterdam for exclusive adjudication.
The General Terms and Conditions for Visitors were filed at the Registry of the District Court of Amsterdam on 12 July 2012 under number 66/2012.