Terms and conditions
Chapter 1: General
Article 1.1
When do these terms and conditions apply?
These General Visitor Terms and Conditions apply to every agreement between the Venue and a Visitor (and to all actions carried out in performance of that agreement). In addition, these General Visitor Terms and Conditions apply to anyone attending an Event, even if that person has not entered into an agreement, directly or indirectly, with the Venue.
Article 1.2
What do the terms mean?
In these general visitor terms and conditions, the following definitions apply:
a. Visitor: any natural person not acting in the exercise of a profession or business, who enters into an agreement, directly or indirectly, with the Venue for the purpose of attending an Event, as well as anyone present in or around the Event Location, whether or not they have entered into an agreement, directly or indirectly, with the organiser.
b. Venue: Dutch concert halls, theatres and other venues affiliated with the Vereniging van Schouwburg- en Concertgebouwdirecties (VSCD), or venues that have indicated they apply these visitor terms and conditions.
c. Location: the actual place where the Event takes place. This also includes, online as well as physically, all grounds, spaces, fields, etc. surrounding it within which the Event takes place.
d. Building: the physical Building of the Venue, which is also understood to include any part of the public road adjoining the Building to which the Venue holds any commercial right, or any other Location.
e. Event: any performance, show or event taking place in the Building and/or the Location, or via a digital livestream, organised by the Venue.
f. VSCD: Vereniging van Schouwburg- en Concertgebouwdirecties, based in the Netherlands at Overhoeksplein 2, 1031 KS Amsterdam, Chamber of Commerce (KvK) no. 40531525. A current list of affiliated members can be found at www.vscd.nl.
Chapter 2 – Ticket Sales
Article 2.1
When is the agreement formed?
The agreement between the Venue and the Visitor is formed at the moment the Visitor purchases a ticket for the Event from the Venue or from a third party.
Article 2.2
Offers
All offers, (programme) announcements, notices or other information and price quotations made by the Venue or by third parties are without obligation; the Venue is not obliged to sell a ticket to the Visitor.
The Venue accepts no liability for any errors in offers, (programme) announcements, notices or other information and price quotations made to the Visitor by the Venue or by third parties, and/or for errors made in the (pre-)sale of tickets by third parties, including so-called pre-sale outlets.
Article 2.3
Risk
From the moment the ticket is made available to the Visitor, the risk of loss, theft, damage or misuse of the ticket lies with the Visitor.
In the event of loss, damage or misuse of the ticket, the Visitor is not entitled to a refund of the ticket and/or other costs. Even if the Visitor obtained the ticket from a third party (not the Venue) and that third party fails to remit the ticket price to the Venue for reasons attributable to that third party, the Visitor is not entitled to a refund of the ticket and/or other costs.
If, for whatever reason, the Visitor does not use the ticket, this is at the Visitor's own expense. A ticket once obtained cannot be exchanged. In these cases, no refund of the ticket and/or other costs will be made.
Article 2.4
Ticket. Ticket not received. Is the Visitor obliged to show a ticket?
The holder of the ticket who is the first to present it at the start of the Event is granted admission. The Venue assumes that this holder is also the rightful party and is not obliged to investigate the validity of the ticket and/or the identity of the holder.
The Venue cannot guarantee that the ticket will be received. If the Visitor has not received a ticket, they must report this to the Venue in good time before the Event. "In good time" means at a time before the start of the Event, so that the Venue can invalidate the purchased ticket and issue a new one. If the ticket was purchased from the Venue or a (pre-)sale outlet, the Visitor will receive a new ticket. The burden of proof that the ticket was purchased from the Venue or a (pre-)sale outlet lies with the Visitor. In the absence of proof, the Venue is not obliged to provide the Visitor with a new Ticket.
If requested, the Visitor is at all times obliged to show their ticket – physical or digital – and any card entitling them to a discount on that ticket, to Venue staff. The ticket must in any case be shown upon entry to (the relevant area of) the Building or the Location, including if the Visitor has temporarily left (the relevant area of) the Building or the Location during an Event.
Article 2.4
Maximum number of tickets
The Venue has the right to set a maximum on the number of tickets that may be ordered per Visitor. The Visitor is obliged to comply with this.
Article 2.5
Ticket and admission after the start or end of the Event
The ticket is issued once and entitles the Visitor to admission to an Event. A ticket does not entitle the holder to admission to (the relevant area of) the Building or the Location after the start or after the end of the relevant Event. In the case of a livestream, it may be possible to join after the Event has started. It is not possible to watch the performance back afterwards.
Article 2.6
Additional costs on top of the ticket price
The Venue may charge the Visitor a fee in addition to the ticket price to cover costs relating to the formation of the agreement.
Article 2.7
Watching a livestream performance
With a ticket, the Visitor may watch a livestream performance once, on one device. The livestream performance may only be watched in a domestic setting. Viewing in a larger, organised group is prohibited.
Chapter 3 – Resale of Tickets
Article 3.1
Ticket for personal use only; resale prohibited
The Visitor is obliged to keep the ticket for an Event for their own use and may not resell it to third parties in any way, offer it for sale, or provide it for commercial purposes.
Article 3.2
Advertising prohibited
The Visitor may not advertise or publicise the Event and/or any part of it in any way if this is done with the intention of (re)selling the ticket, as determined at the Venue's discretion.
Article 3.3
Transfer of ticket
A Visitor who gives their ticket to a third party free of charge and not for commercial purposes is obliged to impose on that third party the same obligations as those imposed on the Visitor under these General Visitor Terms and Conditions. The Visitor guarantees to the Venue that such third party or parties will comply with these obligations.
Article 3.4
Invalid ticket
A ticket that has been or is resold and/or used for commercial purposes may be declared invalid by the Venue. An invalidated ticket does not entitle the holder to (further) admission to the Event, and the Visitor is not entitled to a refund.
Article 3.5
Penalty for breach (consumers and non-consumers)
If the Visitor is a natural person not acting in the exercise of a profession or business (hereinafter: consumer), the Visitor shall, in the event of a breach of any obligation referred to in this article, owe the Venue an immediately payable penalty of €1000 per breach per ticket, and €250 for each day the breach continues, up to a maximum of €15 000, without prejudice to the Venue's right to claim performance and/or compensation for damages suffered or still to be suffered from the Visitor.
If the Visitor is not a consumer, the Visitor shall, in the event of a breach of any obligation referred to in this article, owe the Venue an immediately payable penalty of €10 000 per breach per ticket, and €5000 for each day the breach continues, up to a maximum of €40 000, without prejudice to the Venue's right to claim performance and/or compensation for damages suffered or still to be suffered from the Visitor.
Chapter 4 – Presence in the Building
Article 4.1
Proper conduct; refusal of admission
While present in the Building or the Location, the Visitor is obliged to behave in accordance with public order, proper morals, and the standards of decency applicable (with regard to the nature of the Event attended). The Visitor is also obliged to follow the house rules and instructions of Venue staff identifiable as such. If the Visitor acts in any way contrary to these standards, house rules and/or instructions, the Visitor may be refused (further) admission to the Building or the Location, without the Visitor being entitled to a refund of their ticket and/or other costs.
Admission may in such a case be refused for a definite or indefinite period.
Article 4.2
General House Rules
The Visitor is (among other things) prohibited from: a. disturbing other Visitors through, including but not limited to, inappropriate behaviour and theft;
b. bringing into or carrying within the Building or the Location objects or substances deemed dangerous and/or a nuisance to Visitors by a Venue staff member;
c. offering goods of any kind for sale to third parties, or providing them free of charge, without the explicit permission of the Venue;
d. bringing self-supplied food and/or (alcoholic) beverages into the Building or to the Location;
e. displaying public drunkenness or entering the Building or the Location under the influence of drugs;
f. bringing (domestic) animals, other than a service dog, into the Building or the Location.
Article 4.3
Baggage checks
The Visitor is obliged to cooperate with a search (including any check of hand luggage/baggage) when attending an Event. If the Visitor refuses to cooperate, they may be refused (further) admission to the Building or the Location, without being entitled to a refund of the ticket and/or other costs.
Article 4.4
Photography and film recordings
For the benefit of the performer(s) and fellow visitors, the Visitor is prohibited from making photo, video, film and sound recordings without the Venue's permission, and/or from using equipment suitable for this purpose during the Event. The Visitor is not permitted to reproduce, distribute or broadcast (any part of) the (livestream) performance in any form or by any means, or to store it in a database or retrieval system.
In the event of a breach, the Visitor may be refused (further) admission to the Building or the Location and may be fined as set out in Article 3.5, without being entitled to a refund of the ticket and/or other costs.
Article 4.5
Smoking ban
Smoking is prohibited within the Building or the Location, except in any designated smoking areas. A staff member of the Building or the Location has the right, in the event of a breach, to refuse the Visitor (further) admission to the Building or the Location, without the Visitor being entitled to a refund of the ticket and/or other costs.
Article 4.6
Use of the cloakroom
The Venue may require the Visitor to use a locker, or to hand in coats, bags and/or other large items at the cloakroom. This includes, but is not limited to: suitcases, prams, wheelchairs, umbrellas, helmets, motorcycle suits, rollators, child seats, and similar items. An obligation to hand in the above items only applies if the cloakroom is attended for the duration of the Visitor's presence.
The Venue may charge a fee for the use of the cloakroom or locker. One receipt is issued per item handed in. Items are returned only upon presentation of this receipt.
Only in the case of a paid cloakroom is the Venue's liability at all times limited to €150 for each item (including its contents) handed in at the cloakroom. The Venue is not liable for any damage other than damage to, or in connection with the loss of, the item itself, and therefore not for indirect and/or consequential damage.
Items handed in are kept by the Venue only for the duration of the Event. The Visitor is obliged to collect items handed in at the cloakroom from the Venue before leaving the Building or the Location. If an item handed in is not collected after the end of an Event, the Venue has the right not to return it. Any custody agreement ends at the moment the Building or the Location closes following the deposit of the item.
Article 4.7
Minimum age
The Venue may refuse a Visitor who has not reached the minimum age specified by the performer/promoter of the Event. No refund will be given for tickets already purchased and/or other costs.
Article 4.8
Identification
The Visitor may be asked by a Venue staff member to identify themselves. If the Visitor cannot show identification, or refuses to show it, the Visitor may be refused admission to the Building or the Location, without being entitled to a refund of the ticket and/or other costs.
Article 4.9
Personal data
The Visitor's personal data, including data relating to the Visitor's name, address, postcode, place of residence, telephone number, gender, date of birth and email address, which are recorded by the Venue in connection with the sale of a ticket, are included in the Venue's records and may be provided to the relevant partner(s) of the Event. The purpose of these records is to manage and have access to personal data for administrative purposes, visitor-origin analysis and mailings. The Visitor, as the data subject, may at any time invoke the right of access, and/or unsubscribe from mailings. The Venue processes personal data in accordance with applicable laws and regulations and in accordance with its privacy policy, available on the Venue's website.
Article 4.10
Camera recordings
The Venue has the right to make, or have made, image and/or sound recordings of the Event attended by the Visitor, before, during and/or after the Event. The Venue acts in accordance with the General Data Protection Regulation (GDPR) by ensuring the Visitor is not shown in an identifiable manner. The starting point is that a person is identifiable if their identity can reasonably be established without disproportionate effort.
Chapter 5 – Venue Liability and Force Majeure
Article 5.1
Venue liability
The Visitor's presence in the Building or the Location is entirely at their own expense and risk. The Venue is only liable for property damage and/or consequential damage suffered by the Visitor, or injury caused to the Visitor, that is directly and solely the result of intent or gross negligence on the part of the Venue and/or its staff. Only damage for which the Venue is insured, or should reasonably and fairly have been insured, is eligible for compensation, and only up to the applicable maximum insured amount, or a maximum of €25 000 per event. If no payment is made under the insurance, for whatever reason, the Venue's liability is limited to an amount of €25 000 per event or series of related events.
The Venue's liability is excluded, among other things, for:
a. damage resulting from the actions of third parties, including persons engaged by the Venue and tenants of (spaces in) the Building or the Location and persons engaged by such third parties;
b. damage resulting from failure to follow instructions given by Venue staff and from failure to observe generally applicable standards of decency;
c. (consequential) damage resulting from unforeseeable changes to the start and end times of the Events to which the agreement between the Venue and the Visitor relates;
d. damage caused by other Visitors.
Article 5.2
Force majeure; illness/cancellation by performer
In the event of force majeure, which in this context also includes illness and/or cancellation by the performer(s), the Venue has the right to postpone the Event to a later date or to cancel the Event.
Article 5.3
Rescheduling of the Event
If the Event is rescheduled by the Venue, the ticket remains valid for the new date on which the Event will take place. When rescheduling, the Venue may also choose to issue new tickets for the Event. In that case, the previously issued tickets become void. If the Visitor cannot or does not wish to attend the Event on the new date, they have the right to return their ticket to the party from whom it was purchased and will receive a refund of the ticket and/or other costs. This refund will only be made if the Visitor presents a valid and undamaged ticket to the (pre-)sale outlet within twelve weeks from the date on which the Event was originally scheduled to take place.
In the event of force majeure, only a Visitor who is a consumer and who purchased the ticket from the Venue or an official (pre-)sale outlet is entitled to a refund of service charges. In the event of force majeure, the Venue is not obliged to compensate for any other damage, even if the Venue benefits as a result of the force majeure. The Visitor cannot claim (alternative) admission to another Event.
Article 5.4
Force majeure on the part of the Venue
In addition to Article 6:75 of the Dutch Civil Code, the Venue is not liable for damage suffered by the Visitor, including the refund of the ticket and/or other costs, arising as a result of force majeure on the part of the Venue. Force majeure is also understood to include any circumstance independent of the Venue's will – even if it was already foreseeable as a possibility at the time the agreement was formed – that temporarily or permanently prevents performance of the agreement, as well as, insofar as not already included, fire, strikes, weather conditions, government-imposed measures to prevent the spread of disease, terrorist threats, and disruptions.
Chapter 6 – Complaints
Article 6.1
Time limit
Complaints regarding the performance of the agreement between the Venue and the Visitor must be submitted to the Venue's management within eight days after the agreement was performed or should have been performed. If complaints are submitted after this period, the Venue's management may decide not to handle them.
Article 6.2
Complaint deemed unfounded if:
No claims can be made regarding the following complaints and circumstances, and they do not give rise to any obligation on the part of the Venue to pay compensation:
Complaints and circumstances relating to:
a. changes to the programme, including but not limited to, changes in the performer(s), the composition of the programme, the timing of the programme, and postponements of Events to another date;
b. the quality of the performances of the Events to which the agreement between the Venue and the Visitor relates;
c. nuisance or inconvenience caused by other Visitors or unlawful intruders, including but not limited to noise nuisance, inappropriate behaviour, theft and vandalism; in the event of repeated nuisance or inconvenience caused by specific, identifiable Visitor(s), the Venue will do everything possible to refuse such Visitors admission in the future (where necessary);
d. nuisance or inconvenience caused by maintenance work on the Building or the Location, and/or the consequences of such maintenance work that could reasonably be carried out at that time;
e. nuisance or inconvenience caused by facilities in the halls of the Building or the Location not functioning properly;
f. nuisance or inconvenience, including limited visibility for the Visitor, caused by (sound) recordings by the media and any related technical arrangements made in the halls as a result;
g. (sound) nuisance caused by simultaneously taking place Events, including necessary actions required to prepare for such Events, or otherwise related to such Events, in other spaces within the Building or the Location;
h. the allocation and arrangement of seats and/or any change to the seating plan necessitated by circumstances;
i. nuisance or inconvenience, including limited view of the stage and/or surtitles;
j. the presence or absence of surtitles, caused by the technical facilities not functioning properly, or the Venue's choice whether or not to offer that facility;
k. nuisance or inconvenience caused by public transport strikes;
l. refusal of admission to an Event that has already started.
Chapter 7 – Rights of the Venue
Article 7.1
Invalid ticket in the event of a breach
In the event of a breach by the Visitor of (one or more of) the provisions set out in these General Visitor Terms and Conditions, the Visitor is automatically in default without any further 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 Visitor (further) admission to the Event, for example by invalidating the Ticket, without the Visitor being entitled to any refund. An invalidated Ticket no longer entitles the holder to admission to the Event.
Article 7.2
Forgery
If it is likely that a ticket has been forged, the Venue has the right to refuse the holder of that ticket (further) admission to the Event, without the Visitor or holder being entitled to claim any resulting damages.
Article 7.3
Camera surveillance
The Venue may operate camera surveillance in the Building or at the Location where the Event is held. Camera surveillance may take place before, during and/or after the Event, to protect persons and the property of the Venue and/or third parties. Camera footage is retained for a period determined by the Venue and, where necessary, made available to the police.
Article 7.4
Occasional drills and evacuation
The Venue has the right to adjust its (regular) opening hours for occasional drills in connection with emergency response procedures or, in the event of a calamity, to fully or partially evacuate the Building or the Location, without the Visitor being entitled to a refund of the ticket and/or other costs and/or compensation.
Chapter 8 – Other Terms and Conditions
Article 8.1
Amendment of the visitor terms and conditions
The Venue is entitled to unilaterally amend the General Visitor Terms and Conditions. In such a case, the Venue will inform the Visitor of the changes in good time. If the Visitor is a natural person not acting in the exercise of a profession or business, and the amendment results in the Visitor being provided with a performance that materially differs from the original performance, that customer has the right to terminate the agreement as of the date on which the amended General Visitor Terms and Conditions take effect.
Article 8.2
Other terms and conditions
The Venue may declare additional terms and conditions and/or arrangements applicable to these General Visitor Terms and Conditions. The Venue is also free to declare parts of these General Visitor Terms and Conditions inapplicable. The invalidity of any provision of these General Visitor Terms and Conditions does not affect the validity of the remaining provisions. The Venue does not, in advance, accept the applicability of any general terms and conditions of the Visitor.
Chapter 9 – Applicable Law / Competent Court
Article 9.1
Dutch law
Dutch law applies to these General Visitor Terms and Conditions and to the agreement between the Visitor and the Venue.
Article 9.2
Choice of forum
All disputes arising from the agreement between the Visitor and the Venue shall be settled exclusively by the competent court in the place where the Venue has its registered office, unless the law expressly provides otherwise.
These General Visitor Terms and Conditions were filed with the registry of the District Court in Amsterdam on 27 September 2021 under number 50/2021, and published on the website of the VSCD (www.vscd.nl).