General conditions

General visitor conditions of the venues and festivals affiliated with the Vereniging Nederlandse Poppodia en -Festivals (VNPF).

These are the general terms and conditions for visitors of the Vereniging Nederlandse Poppodia en -Festivals (VNPF). In it you can read what rights and obligations you have as a visitor. This version was last updated on March 11, 2020.

Article 1 When do these terms and conditions apply?

These General Terms and Conditions for Visitors apply to any agreement between the Company and a Visitor (and the acts in execution of that agreement). In addition, these General Terms and Conditions for Visitors apply to any person attending an Event, without the person having directly or indirectly entered into an agreement with the Company.

Article 2 What do certain terms mean?

In these general terms and conditions, the following definitions shall apply:

Visitor: the natural or legal person who in one way or another, directly or indirectly, as a visitor or otherwise enters into an agreement with the Company in respect of attending an Event to be organized by the Company or Third Party.
Event: any (music) performance, show and/or manifestation, which takes place at a Venue.
Third Party: the natural or legal person involved in one way or another, directly or indirectly, as an organizer of an Event.
Company: pop venue or festival that is a member of the VNPF and has declared these general visitor terms and conditions applicable. VNPF members may also have their own terms and conditions.
Venue: the place (building, grounds or fields) used by the Company for the purpose of the Event.
Admission Ticket: a valid proof that gives the right of admission to an Event. An Admission Ticket may consist of a document (physical or digital) provided by or on behalf of the Company with a digital code or only a digital code. The digital code is a unique code and can be read by a scanner. The admission ticket is the property of the Company.
(Advance) sales address: (official) (advance) sales organization engaged by the Company to provide admission tickets.
VNPF: Vereniging Nederlandse Poppodia en -Festivals, Bataviastraat 24, Unit 1.13, 1095 ET Amsterdam, KvK 40597258. A current list of the pop venues and festivals affiliated with the VNPF can be found at www.vnpf.nl.

Article 3 Admission tickets

3.1 When does the agreement come into existence?
The agreement between the Company and the Visitor established at the time the Visitor purchases an Admission Ticket for the Event from the Company or a (Pre)sales address.

3.2 The Admission Ticket
The Admission Ticket is issued once and entitles one Visitor to admission to the Event. An Admission Ticket does not entitle to admission after the start or after the end of the Event in question.

3.3 Holder: right of access
The holder of the Admission Ticket who first presents the Admission Ticket at the start of the Event shall be granted access. The Company may assume that such holder is also the entitled party and is not obliged to examine the validity of the Admission Ticket and/or the identity of the holder.

3.4 Loss, theft, damage or misuse
From the moment the Admission Ticket is made available to the Visitor, the Visitor shall bear the risk of loss, theft, damage or misuse of the Admission Ticket, etc.

3.5 Validity of the Admission Ticket
The Company can only guarantee the validity of the Admission Ticket if the Admission Ticket has been purchased from the Company or an address or advance sales address. The Visitor has the burden of proof that he has purchased the Admission Ticket from the Company or an advance sales address.

3.6 Admission Ticket not received
The Company cannot guarantee receipt of the Admission Ticket. If the Visitor has not received an Admission Ticket, he must notify the Company in good time before the Event. Timely means in such a stage before the start of the Event so that the Company can invalidate the purchased Admission Ticket and issue a new Admission Ticket. If the Admission Ticket has been purchased from the Company or a (pre-)sales address, the Visitor will receive a new Admission Ticket. The Visitor has the burden of proof that he has purchased the Admission Ticket from the Company or an advance sales address. In the absence of proof, the Company is not obliged to issue the Visitor with a new Admission Ticket.

3.7 Maximum number of Entry Tickets
The Company has the right to set a maximum number of Entry Tickets to be ordered per Visitor. The Visitor is obliged to comply with the set maximum.

3.8 Service Charges
The Company or the (advance) sales address shall be entitled to charge the Visitor, in addition to the price of the Admission Ticket, a fee to cover the costs involved in the conclusion of the agreement (hereinafter: service charges).

3.9 Returning
Admission tickets cannot be returned. The provisions of Article 6:230p sub e of the Dutch Civil Code apply to admission tickets.

3.10 Membership
The Company is entitled to make the right of admission conditional upon the Visitor becoming a member of the Company prior to attending the Event for a fee.

Article 4 Sale and transfer of the Access Ticket

4.1 Prohibition of resale
The Visitor is obliged to keep the Admission Ticket for himself and may not sell it to third parties in any way, offer it for sale or provide it for commercial purposes.

4.2 Ban on advertising
The Visitor may not in any way advertise or make any (other) form of publicity in connection with the Event and/or any part thereof if this is done with the intention of (re)selling the Admission Ticket, all at the Company’s discretion.

4.3 Transfer of Admission Ticket
The Visitor who gives his/her Admission Ticket to a third party for no consideration (free of charge) and not in the context of commercial purposes, is obliged to impose the obligations , expressed in these General Conditions for Visitors, on the person to whom he/she transfers the Admission Ticket. The Visitor guarantees that such third party will comply with these obligations.

4.4 Penalty for violation (consumer)
If the Visitor is a natural person not acting in the exercise of a profession or business (hereinafter: consumer), then in the event of violation of any obligation as referred to in this article, the Visitor shall owe the Company an immediately payable fine of € 1.000,- per violation per admission ticket to the Company and € 250,- for each day that the violation continues with a maximum of € 15.000,-, without prejudice to the right of the Company to claim from the Visitor fulfillment and/or compensation of the damage suffered or still to be suffered.

4.5 Penalty for violation (non-consumer)
If the Visitor is not a consumer, then in case of violation of any obligation as mentioned in this article, the Visitor shall owe the Company an immediately payable fine of € 10,000 for each violation per admission ticket and € 5,000 for each day that the violation continues with a maximum of € 40,000, without prejudice to the Company’s right to claim from the Visitor fulfillment and/or compensation for damages suffered or to be suffered.

4.6 Admission Ticket invalid
An Admission Ticket that has been or is being resold and/or used for commercial purposes can be invalidated by the Company in accordance with Article 6.1 of these General Terms and Conditions for Visitors. An Entrance Ticket that has been rendered invalid does not (no longer) entitle you to admission to the Event.

Article 5 House rules of the Location

5.1 Good Conduct
The Visitor is obliged to behave in accordance with public order, good morals and standards of decency. Visitor is also obliged to follow the house rules and instructions of (security) employees of the Company. If the Visitor violates these standards, the house rules and/or instructions in any way, the Visitor may be denied (further) access to the Location, without the Visitor being entitled to a refund of any fee.

5.2 Identification
The Visitor may be asked by the Company to identify themselves by means of identification or Access Card, for example to check age in connection with the obligation not to provide alcohol to persons under the age of 18. If the Visitor cannot show or refuses to show identification, the Visitor may be denied (further) access to the Venue without the Visitor being entitled to a refund of any fee.

5.3 Search and baggage inspection
The Visitor is obliged to cooperate with a search (including any inspection of hand baggage carried along) when attending the Event. If cooperation is refused by the Visitor, the Visitor may be denied (further) access to the Venue, without the Visitor being entitled to a refund of any fee.

5.4 General House Rules
Among other things, the Visitor is prohibited from:

Bringing photographic, film and other recording equipment to the Venue. Recording equipment may be confiscated for the duration of the Event
Registration of the Event in any form whatsoever, including photographing, filming and making (other) sound, and/or visual recordings, as well as printing and/or copying from the program (booklet), posters and other printed matter. All such recordings may be confiscated and destroyed.
To smoke at the Location.
Bringing glassware, plastic bottles, cans and/or dangerous objects and/or nuisance objects and/or food and/or (alcoholic) beverages to the Location, under penalty of confiscation of these items.
bring drugs to the Venue, under penalty of confiscation of these items, and in some cases arrest and reporting to the police.
Wear face-covering clothing, if identity checks and/or security risks are involved at an Event. A Visitor whose face is not visible may be denied access to the Venue.
Bringing large (back) bags, child carriers on the back, strollers or other large objects to the Location.
Damage to the Venue. The Visitor is liable for any damage caused by him in or to the Venue.
Offer for sale, or provide free of charge, goods of any kind to other Visitors or third parties at the Venue without the Company’s express permission.
Obstruct other Visitors, such as inappropriate behavior (including molestation) and theft.
Exhibiting public intoxication or entering the Venue under the influence of drugs.
To crowdsurf, stagedive or perform similar acts.
Animals other than assistance dogs to be brought to the Venue.

5.5 Camera surveillance
The Company shall keep camera surveillance at the Location, prior to, during and/or after an Event in connection with the protection of persons and property belonging to the Company and/or Third Party. Camera images will be kept for a period to be determined by the Company and no longer than is strictly necessary.

5.6 COVID-19 measures
Now that pop venues, after being closed for several months by COVID-19, are allowed to slowly open their doors again, a protocol is in place. You can read the full protocol on the VNPF website.

Article 6 Rights of the Company

6.1 Dissolution of agreement
In the event of a breach by the Visitor of (one or more of) the provisions referred to in these General Conditions for Visitors, the Visitor will be in default by operation of law without any further notice of default being required and the Company will be entitled to dissolve the purchase with immediate effect and without judicial intervention and/or to refuse the Visitor (further) admission to the Event, for example by invalidating the Admission Ticket, without the Visitor being entitled to a refund of any compensation. An Entrance Ticket that has been invalidated does not (no longer) entitle the Visitor to admission to the Event.

6.2 Denial of access to the Location
The Company is entitled to immediately deny (further) access to the Location for an indefinite or definite period of time and to remove from the Location the Visitor who has violated the rules set out in these General Terms and Conditions for Visitors during or on one or more previous visits to the Location, or if there is otherwise justified fear of damage by the Visitor.

6.3 Falsification of Admission Ticket
If it is plausible that there is a forgery of the Admission Ticket, the Company shall be entitled to refuse the holder of such Admission Ticket (further) access to the Event and to render the Admission Ticket invalid, without the Visitor or the holder being able to claim any damage suffered as a result thereof.

6.4 Incidental drills and evacuation
The Company is entitled to adjust the (regular) opening hours to accommodate incidental drills in the context of company emergency response or, in the event of an emergency, to evacuate all or part of the Location, without the Visitor being entitled to a refund of any fee and/or compensation.

Article 7 Force Majeure

7.1 What is force majeure?
In addition to Article 6:75 of the Dutch Civil Code, a failure to perform by the Company cannot be attributed to it in the event of Force Majeure. Force majeure shall also mean any circumstance beyond the Company’s control – even if it could have been foreseen as a possibility at the time the agreement was concluded – which temporarily or permanently prevents performance of the agreement, such as war, riots, riots, police and/or fire department intervention, strikes, transport difficulties fire and other serious disturbances in the company of the Company or third parties, weather conditions, non-functioning public transport, illness and/or cancellation of the artist(s), bankruptcy of artists and/or organizer, nuisance and/or unlawful acts caused by third parties, including other visitors and/or the artists, by maintenance work, by improper functioning of facilities, and by other events.

7.2 Right of the Company in case of force majeure
In case of force majeure, the Company has the right to reschedule the Event to another date or cancel the Event.

7.3 Cancellation of Event
It is the responsibility of the Visitor to ascertain whether an Event will be cancelled or rescheduled and what the new time or location will be. Although the Operator will attempt to notify Visitor of the cancellation after the Operator has received the necessary information from Third Party(ies) and/or Artist, the Operator cannot guarantee that Visitor will be notified of the cancellation prior to the date of the Event. Operator is not responsible for any costs incurred.

If the Event is cancelled by the Company, the Company will refund to the Visitor the fee paid by the Visitor to the Company or the (Advance) Sales Address. Refunds will take place no later than twelve weeks after the cancelled date at a (Advance) Sales Address, after the Visitor has presented a valid and undamaged Admission Ticket for the (cancelled) Event.

7.4 Relocation of Event
If the Event is moved by the Company to another date, the Admission Ticket will remain valid for the new date on which the Event will take place. If the Visitor is unable or does not wish to attend the Event on the new date, he has the right to hand in his Admission Ticket at an advance sales address against a refund of the fee paid by the Visitor to the Company or the advance sales address. This refund will only be made if the Visitor presents a valid and undamaged Admission Ticket in time. If the Event is moved to a later date, the Visitor can only claim a refund if he has returned the Admission Ticket to the (Advance) Sales Address within four weeks after the moved date on which the Event takes place. If the Event has been moved to an earlier date then the Visitor can only claim a refund within four weeks of the (old) date as stated on the Admission Ticket.

7.5 Service charges and other damages
In the event of force majeure, only the Visitor who is a consumer and has purchased the Admission Ticket from the Company or a (Pre)sales address shall be entitled to a refund of the service charges. In case of force majeure, the Company is not obliged to compensate other damages, even if the Company enjoys any advantage as a result of the force majeure. Nor can the Visitor claim (replacement) admission to another Event.

Article 8 Liability

8.1 Liability of the Company
The Company shall only be liable for property and/or consequential damage suffered by the Visitor or injury caused to the Visitor which is directly and exclusively the result of intentional or deliberate recklessness on the part of the Company and/or its subordinates. Furthermore, only damage for which the Company is insured is eligible for compensation. If no payment is made by the insurance, for whatever reason, the Company’s liability shall be limited to € 25,000- per event or series of related events.

8.2 Exclusion of damages
The Company’s liability is excluded inter alia for:

damages resulting from the actions of third parties, including tenants of (spaces in or portions of) the Location and persons engaged by such third parties;
damages resulting from failure to follow instructions given by the Company’s (command) employees and from failure to comply with house rules or generally applicable rules of decency;
(consequential) damages resulting from unforeseeable changes in the starting and closing times of the Events to which the agreement between the Company and the Visitor relates;
damage in any way caused by other visitors.

8.3 Offers/announcements
Offers, (program) announcements, communications or otherwise provided information and quotations by the Company or a third party about an Event shall be without obligation. The Company shall not be liable for any errors made by the Company or third parties in announcements, offers, communications or otherwise provided information and quotations, or for errors made in the (advance) sale of tickets by third parties, including the (advance) sales addresses.

8.4 Content and quality of the Event
The Company is not liable for the content and manner (quality) of execution of the program of the Event (expressly including changes in and length of the program).

Article 9 Conditions of lockers

When using the locker, you agree to the terms and conditions below:

9.1 Own responsibility
You are at all times responsible for the things you keep in the locker. Muziekgieterij is not liable for theft, loss or damage of the stored items, unless there is intent or conscious recklessness.

9.2 Authority to inspect
Muziekgieterij reserves the right to refuse items or to open and inspect the locker. This includes items placed in locked bags, suitcases or other forms of luggage.

9.3 Right of Refusal or Destruction
Muziekgieterij has the right to refuse or destroy items. By using the locker, you waive any claim for compensation in this regard.

9.4 Maximum value of stored objects
Do not store objects in the locker with a value of more than € 200,00. Muziekgieterij is not liable for damage or loss exceeding this amount.

9.5 Collection of items
The items must be collected during the specified opening hours, immediately after the end of the event, or at the end of the locker rental period.

9.6 Return based on identification
Objects will be returned to the person who can identify themselves in combination with the e-mail address used which is linked to the locker.

9.7 Exceeding the storage period
If the items are not collected within the agreed period, we reserve the right to store the items at a higher rate. Additional costs will be borne by the user or person claiming the items.

9.8 Destruction after three months
All items not picked up after three months will be destroyed.

9.9 No cooling-off period applies
When renting a locker for a fixed period, no cooling-off period applies, similar to other rental agreements such as a vacation home, hotel room or rental car. For more information, see: ConsuWijzer – When do I have a cooling-off period?

Article 10 Personal Data

The personal data of the Visitor registered by the Company or (advance) sales addresses in connection with the provision of an Admission Ticket shall be included in the Company’s administration and, if necessary, also provided to the relevant partner(s) at the Event. The Company processes personal data in accordance with applicable laws and regulations and in accordance with its privacy policy, which can be found on the Company’s website.

Article 11 Final Provisions

11.1 Additional Conditions
The Company may declare additional conditions and/or regulations, such as house rules, applicable to these General Conditions for Visitors.

11.2 Nullity
The nullity of any provision of these General Conditions of Visitors shall not affect the validity of the remaining provisions.

11.3 Rejection of other general terms and conditions
The applicability of the Visitor’s general terms and conditions is expressly rejected by the Company.

11.4Dutch Law
These General Conditions for Visitors and the agreement existing between the Visitor and the Company are governed by Dutch law.

11.5 Choice of forum
All disputes arising from agreement between the Company and the Visitor shall be settled exclusively by the competent court of the Company’s registered office, unless the law expressly provides otherwise.

11.6 Publication and filing
These General Terms and Conditions for Visitors have been published on the VNPF website(www.vnpf.nl) and filed at the Registry of the Amsterdam District Court on March 11, 2020 under filing number 36/2020.