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Terms and conditions

GENERAL TERMS AND CONDITIONS FOR VISITORS AND EVENTS


STRAAT MUSEUM AMSTERDAM


These General Terms and Conditions apply to every visit and event in the STRAAT Museum in Amsterdam. These General Terms and Conditions apply to visitors who (whether or not with their company or institution) visit the STRAAT Museum alone or in groups.


Section 1 - General Part


Article 1: Definitions


1.1 Visitor: Any person who, with or without a valid admission ticket, enters STRAAT Museum and/or associated surrounding property of STRAAT Museum, including the Customer and the Organiser.


1.2 Event: An activity offered to visitors (such as a guided tour, course, workshop, lecture, presentation, reception or otherwise), organised by STRAAT or commissioned by a Customer of STRAAT, in or nearby the STRAAT Museum. An Event takes place on a specific date (or several dates), time and location.


1.3 Group: A group of 15 or more Visitors who visit the STRAAT Museum as a group ("Group Visit").


1.4 Customer: A client who commissions STRAAT to organise and/or host and/or cater an Event or who rents a space in the STRAAT Museum for the purpose of organising an Event.


1.5 Organiser: A company or institution which, as part of its commercial activities and/or services to third parties, organises group visits to STRAAT Museum on a commercial basis, as referred to in Section 3 of these General Terms and Conditions.


1.6 STRAAT: The private company Streetartmuseum N.D.S.M. B.V., trading under the name STRAAT Museum, registered with the Trade Register of the Chamber of Commerce under number 76686388, operator of STRAAT Museum.


1.7 STRAAT Museum: The (exhibition) spaces open to the public in and around the museum building at NDSM-plein 1 in Amsterdam.


1.8 Prohibited Items: The objects defined in Article 3.6. of these General Terms and Conditions.


Article 2: Applicability


2.1 These General Terms and Conditions apply to all Visitors and Customers of STRAAT and STRAAT Museum. Deviations from these General Terms and Conditions are only valid if they have been explicitly agreed upon in writing.


2.2 The terms and conditions (of purchase) of a Customer are expressly rejected.


Article 3: Access to STRAAT Museum


3.1 The Visitor will only be entitled to enter (part of) STRAAT Museum upon presentation of a valid admission ticket unless arrangements to the contrary have been made in writing with the Customer.


3.2 The Visitor will be denied (further) access to STRAAT Museum if STRAAT determines that:


a) the admission ticket has not been issued by STRAAT or a body or legal entity authorised by STRAAT to do so;


b) the Visitor is clearly under the influence of alcohol, narcotics or similar substances;


c) the Visitor is disturbing the order or has the apparent intention of disturbing the order;


3.3 Admission tickets may be purchased at the box office or in advance online. A ticket purchased in advance becomes invalid by the mere expiry of the time or period stated on the ticket.


3.4 STRAAT is entitled to adjust its regular opening hours to accommodate occasional emergency response exercises or, in the event of an emergency, to evacuate STRAAT Museum fully or partially as deemed necessary by STRAAT.


3.5 STRAAT reserves the right to subject each Visitor and their belongings to an access control. In this connection, the Visitor may be requested to cooperate with the inspection of bags and the like by or on behalf of employees of STRAAT Museum. A Visitor who refuses to cooperate with the search may be denied access to STRAAT Museum and is not entitled to a refund of the cost of the admission ticket.


3.6 The following prohibited items may not be taken into STRAAT Museum:


a) guns, firearms and shooting weapons: any object that can be used to fire a projectile or cause injury or property damage or that appears to be capable of doing so;


b) pointed and/or sharp weapons and sharp objects: objects having points or cutting edges which are likely to cause injury or property damage;


c) blunt instruments capable of inflicting injury;


d) explosive and flammable substances;


e) chemical and toxic substances;


f) bottles or flasks containing liquids.


3.7 If STRAAT Museum discovers Prohibited Items during the access control, these will be confiscated. If the Visitor does not wish to surrender the seized items, they will be refused admission to STRAAT Museum, and that Visitor will not be entitled to a refund of the cost of the admission ticket. Items found during the access control that are not permitted by law will be handed over to the police. A Visitor found to be carrying these items may be apprehended and handed over to the police.


3.8 For reasons of security, the Visitor must be identifiable. A Visitor whose face is not visible and who refuses to show their face at the access control may be denied access to STRAAT Museum.


3.9 STRAAT Museum is accessible for disabled people. Prams are allowed. The use of vehicles, except for non-motorised vehicles for disabled people, and the use of skates and skateboards is not permitted.


Article 4: Presence in STRAAT Museum


4.1 The Visitor's presence in STRAAT Museum is at their own risk.


4.2 The Visitor is obliged to comply with the directions and instructions given by STRAAT Museum staff members recognisable as such. If the Visitor fails to do so, they may be denied further access to STRAAT Museum. In that case, there will be no refund of the cost of the admission ticket or any compensation for damage.


4.3 Children under the age of 12 may only visit STRAAT Museum if accompanied by an adult.


4.4 The Visitor is liable for any damage they cause to STRAAT Museum and its collection.


4.5 There is camera surveillance in and around STRAAT Museum. Camera images are kept for a reasonable period of time under the General Data Protection Regulation. If STRAAT sees reason to do so, camera images will be made available to the police.


4.6 In addition to the reasons stated in Article 3, STRAAT is entitled to deny the Visitor access to STRAAT Museum:


a) in the event that the Visitor has damaged one or more objects during one or more previous visits to the STRAAT Museum or other museums due to gross fault or intent on their part;


b) in the event that STRAAT has well-founded fear for other reasons that this Visitor will be guilty of damaging one or more objects. STRAAT may, in any case, subject the Visitor in question to the measures referred to in Article 3.5. STRAAT will immediately inform the Visitor of a decision to deny them access, if possible in writing.


4.7 In the event of calamities, for example, the sudden disappearance of an art object, a terrorist attack or other acts of violence, STRAAT will be entitled to close the doors of STRAAT Museum and subsequently escort out the Visitors present one by one. The Visitor may then be requested to cooperate with the search of bags and other objects. STRAAT may ask a Visitor who refuses to collaborate to produce proof of identity before leaving STRAAT Museum.


4.8 If regulations apply to museum visits due to governmental measures, such as the obligation to wear a face mask, then the Visitor is obliged to observe the applicable regulations. If the Visitor does not comply with the regulations, STRAAT may deny (further) access to STRAAT Museum.


Article 5: Internal Rules


5.1. The Visitor of STRAAT Museum will:


a. not touch exhibited objects;


b. not offer goods or services of any kind for sale to third parties or provide them free of charge;


c. not hinder other Visitors, including by making noise;


d. not take animals or pets, with the exception of assistance dogs;


e. not smoke;


f. not consume food or drinks, except in the café/restaurant or outside, except for drinks that are consumed in closed drinking cups such as coffee-to-go cups;


g. not take photographs, video or film recordings which involve the use of lamps, flash equipment or tripods, including selfie sticks, unless STRAAT has given the Visitor its written permission;


5.2 Parents/guardians, teachers and other supervisors are responsible and accountable at all times for the behaviour of minors or individuals under their supervision.


5.3 For visitors from primary schools, two supervisors must be present per group of 15 pupils. In secondary education, there is a minimum of one supervisor per 15 pupils. STRAAT reserves the right to refuse access to groups that do not meet this requirement.


5.4 Photographs, video and/or film recordings made in STRAAT Museum may only be used for commercial purposes with the express written permission of STRAAT, whereby STRAAT may choose to grant permission only on condition that a fee is paid to STRAAT. The intellectual property rights vested in the works exhibited in STRAAT Museum must be respected at all times.


Article 6: Limitation of Liability


6.1. STRAAT is only liable for damage suffered by the Visitor if and in so far as that damage is a direct consequence of deliberate recklessness or intent on the part of STRAAT. The claim is, in any case, limited to the lower of the following two amounts:


a) the amount paid by STRAAT's insurer to STRAAT in respect of that individual claim; or


b) the compensation paid by a third party to STRAAT in respect of that individual claim.


6.2 In the event of damage due to death or physical injury, STRAAT's total liability will in no case exceed the compensation provided for in Article 6.1.


6.3 The liability of STRAAT for indirect damage, including consequential damage, loss of profit or wages and missed savings, is excluded at all times.


6.4 The following circumstances never lead to any obligation to refund the money paid or to compensation by STRAAT to the Visitor:


a. the non-visibility of one or more objects from the permanent collection of STRAAT Museum;


b. partial closure of STRAAT Museum, including partial closure as a result of the construction or dismantling of exhibitions;


c. adjustment of the regular opening hours in connection with exercises within the framework of the company emergency service or, in the event of an emergency, a full or partial evacuation of STRAAT Museum deemed necessary by STRAAT;


d. nuisance or inconvenience caused by other Visitors, such as noise nuisance, inappropriate behaviour or theft;


e. damage caused by other Visitors;


f. disturbance or inconvenience caused by maintenance activities, including but not limited to renovation or the (re)design of rooms;


g. nuisance or inconvenience caused by the improper functioning of facilities in STRAAT Museum;


h. denial of access to STRAAT Museum;


i. loss of the admission ticket.


Article 7: Intellectual Property Rights


7.1. The copyright on all exhibited works is held exclusively by STRAAT Museum, the maker of the work in question or a third party who has authorised STRAAT Museum to manage the copyright on their behalf. All intellectual property rights, such as copyright, database rights, trade names and brands, relating to or belonging to STRAAT Museum are the property of STRAAT and may not be used without prior written permission.


7.2. Permission for the use of a work by a Visitor or Customer can only be granted in the form of a licence, without the right to sublicense. A request to this end must be addressed to STRAAT in writing.


7.3. Any use of an exhibited work or use of the intellectual property rights relating to one or more of the works exhibited in STRAAT Museum, which use has not been agreed with the rights holder, is considered an infringement of the copyright of the rights holder. In that case, an immediately payable fine of at least three times the licence fee usually charged by STRAAT for such form of use will be due, without forfeiting any right to compensation for the damage suffered by it (including the right to compensation for all direct and indirect damage and all judicial and extrajudicial costs incurred). In the event of an infringement, STRAAT will also be entitled to demand the immediate cessation of use and a correct and free-of-charge statement of the use made of the work or the intellectual property rights within 7 days, including evidence of (the scope of) the use and cessation thereof.


Article 8: Force Majeure


8.1. Force majeure is any shortcoming which cannot be attributed to STRAAT because STRAAT cannot be blamed for the shortcoming, and STRAAT is not accountable under the law, legal act or generally accepted practice, as a result of which the agreement between STRAAT and the Visitor or Customer is rendered so difficult that the performance of the agreement becomes temporarily or permanently impossible or difficult. Circumstances of force majeure are in any case (but are not limited to) illness, war, natural disaster, fire, flooding, strike, terrorist attack, pandemic, government-imposed lockdown, nuclear explosion, computer virus, power failure, impediments to transport and evacuation by emergency services.


8.2. Circumstances beyond STRAAT’s control can also be understood to mean circumstances concerning persons and/or services and/or institutions which STRAAT wishes to engage for the execution of the agreement with the Visitor and/or Customer, as well as everything that applies to the persons mentioned above, services or institutions as force majeure or suspensive or dissolving condition, as well as attributable shortcomings of those parties.


8.3. Without prejudice to its other rights, STRAAT will, in the case of force majeure, have the right, at its discretion, to suspend performance of the agreement or to dissolve the agreement without judicial intervention by informing the Visitor or Customer of this in writing and without STRAAT being liable for any compensation unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.


Article 9: Lost and Found


9.1. Objects found by the Visitor in STRAAT Museum can be handed over to a staff member. STRAAT will store any objects found. If the alleged owner of a found object reports it, they can choose to collect the object themselves or to have it sent to them and pay cash on delivery. In both cases, the owner needs to be able to prove their identity. Where STRAAT has doubts about the status of the alleged owner, STRAAT is entitled to demand proof of ownership. STRAAT reserves the right to have found objects which have not been collected after three months destroyed.


Article 10: Complaints Regulation


10.1 In the event of a complaint, the Visitor may make this known by sending an e-mail to info@straatmuseum.com.


Article 11: E-Tickets


11.1 Purchased e-tickets are non-refundable.


Article 12: Other Conditions and Applicable Law


12.1. The applicability of these General Terms and Conditions is without prejudice to the possible relevance of other contractual conditions and/or regulations of STRAAT.


12.2. These General Terms and Conditions and all agreements between Visitors and/or Customers and STRAAT are governed by Dutch law. Any disputes which cannot be resolved by mutual agreement will be submitted exclusively to the competent court in Amsterdam unless STRAAT chooses another competent court.


Section 2: Special Terms and Conditions for Events


Article 13: Access to Exhibition Areas


13.1. Access to the exhibition areas of STRAAT Museum is not included in an Event unless it follows from the nature and content of the agreement and the Event, such as a guided tour.


13.2. STRAAT reserves the right to close off part of STRAAT Museum to Visitors of an Event, where (free) access to the exhibition areas is not part of the Event.


Article 14: Event Venue


14.1 STRAAT and the Customer agree in writing which part of STRAAT Museum is available for the Event ("the Event Venue"). The Customer is not permitted to make any changes to or in the Event Venue without the prior written consent of STRAAT. This includes the installation of decorations, signs, posters and the like.


14.2 The Customer is not permitted to give the Event Venue, or any part thereof, into the use of a third party or to sublet it, or to use it for any other purpose than that of which STRAAT has been informed in advance without prior written consent from STRAAT.


14.3 The Customer will deliver the Event Venue tidy after the Event. STRAAT takes care of cleaning the venue after the Event. STRAAT is entitled to destroy goods or materials left behind by the Customer. If the Event Venue is not tidy and an external cleaner has to be called in, STRAAT is entitled to charge these cleaning costs to the Customer.


14.4 If the Customer has received written permission from STRAAT to make use of audio-visual equipment, lighting, scenery, computers, cabling, etc. (hereinafter "the equipment"), then the Customer is personally responsible for bringing the equipment to the Event and clearing it afterwards unless agreed otherwise. Except in the case of intent or deliberate recklessness, STRAAT is not liable for damage to the equipment.


14.5 The Customer is responsible for applying for and obtaining any permits required for the Event in good time.


Article 15: Catering and Other Services


15.1 If the Parties agree that STRAAT will provide the catering, the Parties will agree on the consumptions/a menu in mutual consultation.


15.2 If STRAAT is to provide the catering, the Customer will indicate the number of Visitors participating in the Event no later than fourteen days in advance. If the Customer does not give any indication, STRAAT will make its own estimate of the necessary number of consumptions, and the Customer will be charged for all costs incurred afterwards.


15.3 If STRAAT procures services from third parties at the request of the Customer, STRAAT will act in the name and on behalf of the Customer with regard to this request. STRAAT will not be liable for any failure to perform the services of third parties. STRAAT will charge the Customer a margin of 10% on all services purchased from third parties.


15.4 If the Customer provides their own catering and/or purchases this from a third party, this is only possible with the express written consent of STRAAT. STRAAT may require the menu to be submitted for approval. STRAAT may require references. STRAAT may refuse permission if it feels that the third party does not meet STRAAT's quality or image requirements. STRAAT charges the Customer a margin of 12% on the catering purchased from a third party.


Article 16: Safety


16.1 The Customer guarantees that all Visitors to the Event will comply with the General Terms and Conditions for Visitors and Events.


16.2 STRAAT reserves the right at all times to hire additional attendants at the expense of the Customer, on a subsequent costing basis, where the nature of the Event, the number of Visitors to the Event or other (risk) factors estimated by STRAAT give cause to do so.


16.3 The Customer must at all times follow instructions from (employees of) STRAAT.


16.4 It is not permitted to block or remove emergency exits, emergency lighting, fire extinguishers and fire alarms.


16.5 The Customer is liable for all possible damage, including consequential damage, of STRAAT, STRAAT Museum or third parties caused by or on behalf of the Customer or third parties engaged by them or by one or more Visitors to the Event.


Article 17: Reservation and Payment Conditions


17.1 Offers made by STRAAT are revocable and non-binding.


17.2 When the Customer reserves a date for an Event, this reservation becomes final as soon as a deposit of 20% of the agreed price has been received by STRAAT. If the Customer fails to pay the deposit on time, STRAAT is entitled to unilaterally cancel the reservation and the Event. Where appropriate, STRAAT will send the Customer a confirmation.


17.3 STRAAT applies a payment schedule for the costs of an Event. In principle, this schedule is:


· 20% of the agreed price will be invoiced after the Customer has issued the written order for the Event. After payment of this amount, the reservation for the Event is final.


· 30% of the agreed price will be invoiced 90 days prior to the date of the Event. If it is an Event taking place on more than one date, the first date of the series will apply for the payment schedule.


· 50% of the agreed price will be invoiced 45 days prior to the date of the Event. If it is an Event that takes place on several dates, the first date of the series will apply for the payment schedule.


17.4 STRAAT is free to deviate from this schedule in consultation with the Customer.


17.5 If it has been agreed with the Customer that fees will be charged on a subsequent costing basis, the actual remaining fees, which have not already been paid through the charged down payments, will be invoiced after the end of the Event on presentation of a specification of these costs.


17.6 STRAAT is entitled to require a payment guarantee from the Customer.


17.7 In the event of non-payment, STRAAT is entitled to recover the statutory (commercial) interest, extrajudicial or judicial (collection) costs due in full of the Customer.


17.8 All prices are quoted in euros and include VAT. In the event of an increase or decrease in the VAT rate implemented after the reservation, this will be passed on to the Customer. The same applies to any other additional levies and/or taxes.


Article 18: Cancellation Policy


18.1 It is not possible to cancel an Event free of charge unless cancellation takes place within seven days of the reservation being made. In that case, cancellation is free of charge.


18.2 If the Customer cancels the Event at a time later than within seven days of reservation, amounts already paid in accordance with the payment schedule in Article 14 will not be refunded. Amounts already invoiced but not yet paid will remain due. These amounts will then serve to cover the loss and/or profit lost by STRAAT.


18.3 Cancellations can only be made in writing, by registered letter or by e-mail to info@straatmuseum.com.


Section 3 – Special Terms and Conditions for Group Visits


Article 19: General Provisions


19.1 This section applies to Group Visits.


19.2 An Organiser is not permitted to organise a Group Visit without the express written permission of, or an agreement with, STRAAT.


19.3 A Group Visit is possible by purchasing admission tickets for each participant in the Group prior to the visit. This can be done online as well as through an offer and subsequent order confirmation and payment. Registering a Group does not guarantee that there will be no waiting time at the box office or entrance.


19.4 STRAAT reserves the right to refuse Groups access to STRAAT Museum. The Organiser guarantees that the participants of the Group comply with the General Terms and Conditions for Visitors and Events. It is not possible to change or cancel Group reservations.


19.5 The Organiser who wishes to have their Group accompanied by a tour guide of the STRAAT Museum must reserve and pay for the tour guide in advance.


19.6 It is recommended to book a tour guide at least two weeks in advance. STRAAT will endeavour to have enough tour guides available but cannot guarantee that every organiser who requests this will be assigned a tour guide.


19.7 If the allocated tour leader is unable to carry out the tour, STRAAT will make an effort to find another tour leader if necessary but cannot guarantee that another tour leader will be available in time. The Organiser will be informed of this as soon as possible.


Article 20: School Visits


20.1 A school visit is considered a Group Visit.


20.2 STRAAT reminds pupils and teachers/supervisors of the following rules in order to make a school visit run smoothly:


a) In primary education, there are two supervisors per 15 pupils.


b) There is a minimum of one supervisor per 15 pupils and a maximum of two supervisors for secondary schools.


c) The supervisors must also have a valid admission ticket.


d) Think of the other visitors. Do not be too noisy and do not run in STRAAT Museum.


e) Be careful with the art collection. Touching the works of art is not allowed.


f) Smoking, eating and drinking are not allowed in STRAAT Museum.


g) STRAAT has a strict safety policy. Pointed and/or sharp objects are not allowed inside.


h) There are free lockers available for coats and (back) bags.


These General Terms and Conditions for Visitors and Events are valid from 22 October 2021.