CHAPTER 1 - GENERAL
Article 1.1
When do these conditions apply?
These General Terms and Conditions for Visitors apply to any agreement between the Podium and a Visitor (and to all acts performed in execution of that agreement). In addition, these General Conditions for Visitors apply to anyone attending an Event, without that person having entered into a contract with the Podium, either directly or indirectly.
Article 1.2
What do the terms mean?
In these General Terms and Conditions for Visitors, the following terms will have the following meanings:
a. Visitor: any natural person, not acting in the course of a profession or business, who directly or indirectly enters into an agreement with the Podium within the framework of attending an Event as well as any person who is in or around the Event location and who has or has not directly or indirectly entered into an agreement with the Organiser.
b. Podium: Dutch concert halls, theatres and other venues affiliated to the Dutch Association of Theatres and Concert Halls (VSCD), or venues that have indicated that they will adhere to the visitor's terms and conditions.
c. Venue: the actual location of the Event. As well as online, all the grounds, spaces, fields, etc. surrounding it, within which the Event takes place.
d. Building: the physical building of the Podium, including that part of the public road adjacent to the building to which the Podium has a right in rem in any way, or another location.
e. Event: any performance, show or manifestation taking place in the Building and/or the Venue or via a digital live stream organised by the Podium.
f. VSCD: Association of Theatres and Concert Halls in the Netherlands, located at Overhoeksplein 2, 1031 KS in Amsterdam, the Netherlands Chamber of Commerce 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 established?
The agreement between the Podium and the Visitor comes into effect at the moment the Visitor buys an admission ticket for the Event from the Podium or a third party.
Article 2.2
Offers
All offers, (programme) announcements, communications or other information and estimates made by the Podium or third parties are without obligation.
The Podium accepts no liability for any errors in offers, (programme) announcements, communications or other information and indications supplied to the Visitor by the Podium and third parties, and/or for errors made in the sale or advance sale of tickets by third parties, including the so-called advance sales addresses.
Article 2.3
Risk
As from the moment that the admission ticket is made available to the Visitor, the Visitor bears the risk of loss, theft, damage or misuse of the admission ticket.
In the event of loss, damage or misuse of the ticket, the Visitor has no right to restitution of the ticket and/or other costs. Even if the Visitor has obtained the admission ticket from a third party (not the Podium) and the payment of the admission price by that third party to the Podium does not take place for reasons attributable to the third party, the Visitor will not be entitled to a refund of the admission ticket and/or other costs.
If the Visitor, for whatever reason, does not use the admission ticket, this will be at his/her own expense. Once a ticket has been obtained, it cannot be exchanged. In such cases, no restitution of the admission ticket and/or other costs will be made.
Article 2.4
Admission ticket. Ticket not received. Is the Visitor obliged to show an admission ticket?
The ticket holder who is the first to show the ticket at the start of the Event will be admitted. The Podium assumes that this ticket holder is also the person entitled to admission and is not obliged to investigate the validity of the ticket and/or the identity of the holder.
The Podium cannot guarantee receipt of the admission ticket. If the Visitor has not received an admission ticket, he/she must report this to the Podium in good time before the Event. This means in good time before the start of the Event, so that the Podium can invalidate the ticket purchased and issue a new ticket. If the ticket was purchased from the Podium or a (pre)sales address, the Visitor will receive a new ticket. The burden of proof that the ticket was purchased from the Podium or a retailer or advance sales address rests with the Visitor. In the absence of proof, the Podium is not obliged to issue the Visitor with a new admission ticket.
If so requested, the Visitor will at all times be obliged to show his/her admission ticket - physical or digital - and any card that entitles him/her to a discount on this admission ticket to officials of the Podium. The admission ticket will in any case be shown on entering the Building or the Venue (or the space in question), even if the Visitor has temporarily left the Building or the Venue (or the space in question) during an Event.
Article 2.5
Maximum number of tickets
The Podium is entitled to set a maximum number of tickets per Visitor that may be ordered. The Visitor is obliged to adhere to this.
Article 2.6
Admission ticket and access after commencement or expiry?
The admission ticket is issued once and entitles the Visitor to admission to an Event.
An admission ticket does not give the right to access (the relevant area in) the Building or the Venue after the commencement or the completion of the relevant Event. In the case of a live stream, it may be possible to participate after the start of the Event. Afterwards it is not possible to watch the show back.
Article 2.7
Other costs in addition to ticket price
The Podium may charge the Visitor a fee in addition to the price of the admission ticket to cover the costs associated with entering into the agreement.
Article 2.8
Watching a live stream performance
With an admission ticket the Visitor may watch a livestream performance once on one device. The livestream performance may only be watched in a domestic setting. It is prohibited to watch in a larger organised context.
Article 3.1
Admission ticket for personal use, prohibition on reselling
The Visitor is obliged to keep the admission ticket for an Event for himself/herself and may not sell it on in any way to third parties, offer it for sale or provide it for commercial purposes.
Article 3.2
Ban on advertising
The Visitor may not in any way advertise or make any (other) form of publicity relating to the Event and/or any part thereof if this is done with the intention of reselling the admission ticket, this at the discretion of the Podium.
Article 3.3
Transfer of admission ticket
A Visitor who transfers his/her admission ticket to a third party for no consideration (free of charge) and not as part of any commercial objective, is obliged to impose the obligations imposed on him/her as a Visitor, as described in these General Conditions for Visitors, on the party to whom he/she transfers the admission ticket. The Visitor guarantees the Podium that this/these third party/parties will fulfil their obligations.
Article 3.4
Invalid admission ticket
An admission ticket that has been or is resold and/or used for commercial purposes may be declared invalid by the Podium. An invalidated admission ticket will not entitle the Visitor to (further) admission to the Event and the Visitor will not be entitled to a refund.
Article 3.5
Penalty for violation (consumer and non-consumer)
If the Visitor is a natural person who is not acting in the course of a profession or business (hereinafter: consumer), then in the event of violation of any of the obligations as stated in this article, the Visitor will owe the Podium an immediately payable fine of €1000 for each violation per admission ticket and €250 for each day that the violation continues with a maximum of €15,000, without prejudice to the Podium's right to claim compliance from the Visitor and/or compensation for the damage suffered or still to be suffered.
If the Visitor is not a consumer, then in the event of violation of any obligation as referred to in this article, the Visitor will owe the Podium an immediately payable fine of € 10,000 per violation per admission ticket and € 5,000 for each day that the violation continues with a maximum of € 40,000, without prejudice to the Podium's right to claim from the Visitor compliance and/or compensation for the damage suffered or still to be suffered.
Article 4.1
Good conduct, denial of admission
During his/her stay in the Building or the Place, the Visitor is obliged to behave in accordance with public order, good morals and the (concerning the nature of the visited Event) applicable rules of decency. The Visitor is also obliged to follow the house rules and instructions of officials of the Podium known as such.
If the Visitor acts in any way contrary to these standards, house rules and/or instructions, the Visitor may be denied (further) access to the Building or the Venue, without the Visitor being entitled to reimbursement of his/her admission ticket and/or other costs.
Access may in this case be denied for an indefinite or definite period of time.
Article 4.2
General House Rules
The Visitor is prohibited (among other things) from
a. Obstructing other Visitors by, including but not limited to -, inappropriate behaviour and theft;
b. in the opinion of an official of the Podium, to bring or carry into the Building or the Location objects or substances which are dangerous and/or a nuisance to the Visitors;
c. to offer goods of any nature whatsoever for sale to third parties, or to provide these free of charge without the Podium's express permission;
d. to bring own food and/or (alcoholic) beverages into the Building or onto the Stage.
e. displaying public drunkenness or entering the Building or the Venue under the influence of drugs;
f. (bringing animals or pets, other than assistance dogs, into the Building or the Place.
Article 4.3
Luggage control
The Visitor is obliged to cooperate with a body search (including a possible check of (hand) luggage when visiting an Event. If the Visitor refuses to cooperate, the Visitor may be refused admission or further admission to the Building or the Venue without being entitled to reimbursement of the admission ticket and/or other costs.
Article 4.4
Photographic and film recordings
For the benefit of the performer(s) and fellow visitors, the Visitor is not permitted to make photo, video, film and sound recordings without the permission of the Podium, and/or to use suitable equipment for this purpose during the Event. The Visitor is not permitted to reproduce, distribute or broadcast (a single part of) the (live stream) show in any form and by any means, or to store it in a database or retrieval system.
In the event of an infringement, the Visitor may be denied (further) access to the Building or the Location and a fine may be imposed as laid down in Article 3.5, without the Visitor being entitled to reimbursement of the admission ticket and/or other costs.
Article 4.5
Smoking ban
Smoking is prohibited in the Building or the Venue, with the exception of any designated smoking areas. An official of the Building or the Venue is entitled to deny the Visitor (further) access to the Building or the Venue in the event of violation, without the Visitor being entitled to restitution of the admission ticket and/or other costs.
Article 4.6
Use of cloakroom
The Podium may require the Visitor to use a locker, or to hand in his/her coat, bag and/or other large objects at the cloakroom. This includes and is not limited to: suitcases, prams, wheelchairs, umbrellas, helmets, motorbike suits, rollators, children's chairs, etc. The obligation to surrender the above-mentioned items is only possible if the cloakroom is supervised during the Visitor's presence.
The Podium may charge a fee for the use of the cloakroom or locker.
One receipt will be issued for each item handed in. Objects will only be returned upon presentation of this receipt.
Only in the case of a paid cloakroom, the Podium's liability is limited at all times to € 150,- for each item (including its contents) deposited at the cloakroom. The Podium is not liable for any damage other than damage to or in connection with the loss of an object itself, and therefore not for indirect and/or consequential damage.
Issued objects will be kept by the Podium exclusively for the duration of the Event. The Visitor is obliged to collect any objects deposited at the cloakroom before leaving the Building or the Venue. If an object deposited is not collected after the end of an Event, the Podium has the right not to return it. Any contract of custody ends at the time of closing of the Building or the Venue, following the deposit of the object.
Article 4.7
Minimum age
The Podium may refuse a Visitor who has not reached the minimum age specified by the performer/impresario of the Event. There will be no refund of tickets already purchased and/or other costs.
Article 4.8
Identification
The Visitor may be asked by an official of the Podium to identify himself/herself. If the Visitor cannot show any identification or refuses to do so, the Visitor may be refused access to the Building or the Venue, without the Visitor being entitled to a refund of the admission ticket and/or any other costs involved.
Article 4.9
Personal data
The personal data of the Visitor, including the data relating to the name, address, postcode, place of residence, telephone number, gender, date of birth and the e-mail address of the Visitor, which are registered by the Podium in connection with the sale of an admission ticket, are included in the administration of the Podium and may be provided to the relevant partner(s) for the Event. The purpose of these records is to manage and have access to personal data for administrative purposes, visitor history analysis and mailings. The Visitor may at any time invoke the right to inspect and/or unsubscribe from receiving mailings. The Podium processes the personal data in accordance with the applicable laws and regulations and in accordance with its privacy policy, which can be found on the Podium website.
Article 4.10
Camera recordings
The Podium is entitled to make image and/or sound recordings of the Event at which the Visitor is present, prior to, during and/or after the Event. The Podium acts in accordance with the General Data Protection Regulation (AVG) by not allowing the Visitor to be identified in any way. The starting point is that a person is identifiable if their identity can reasonably be determined without disproportionate effort.
Article 5.1
Liability of the stage
The Visitor's stay in the Building or the Location is entirely at his/her own expense and risk. The Podium is only liable for property damage and/or consequential loss suffered by the The Podium is only liable for the property damage and/or consequential loss suffered by the Visitor or the injury inflicted on the Visitor, which is directly and exclusively the result of an intentional act or omission or gross negligence on the part of the or gross negligence of the Podium and/or its employees. Only those damages for which the Podium which the Podium is insured, or reasonably should have been insured, will be Only those damages for which the Podium is insured, or reasonably should have been insured, will be eligible for compensation, and only for the maximum insured amount or EUR 25,000 per event. If, for whatever reason, no payment is made by the insurance, the Podium shall not be liable for any If no payment is made by the insurance for whatever reason, then the Podium's liability is limited to an amount of EUR 25,000 per event or series of events. 25,000 per event or series of related events.
The Podium's liability is excluded for, among other things:
a. damage as a result of the actions of third parties, including persons hired by the Podium and lessees of (spaces in) the Building or the Venue and the persons hired by these third parties;
b. damage as a result of not following instructions given by the Podium's officials and of not observing the generally accepted rules of decency;
c. (consequential) damage as a result of unforeseen changes in the starting and closing times of the Events to which the contract between the Podium and the Visitor relates;
d. damage caused by other Visitors.
Article 5.2
Force majeure, illness / cancellation by the performer
In the event of force majeure, including illness and/or cancellation of the performer(s), the Podium shall be entitled to postpone the Event to a later date or to cancel it.
Article 5.3
Relocation of an Event
If the Event is rescheduled by the Podium, the ticket remains valid for the new date on which the Event will take place. When relocating an Event, the Podium may also choose to provide new tickets for the Event. In that case the previously issued tickets will expire. If the Visitor cannot or does not wish to attend the Event on the new date, he/she is entitled to return his/her admission ticket to the party where the ticket was purchased and receive a refund of the admission ticket and/or other costs. This refund will only be made if the Visitor presents a valid and undamaged admission ticket to the party where the Event was to take place within twelve weeks of the date on which the Event took place.
In the event of force majeure, only the Visitor who is a consumer and has purchased the admission ticket from the Podium or an official advance sales address will be entitled to reimbursement of the service charges. In the event of force majeure, the Podium is not obliged to compensate any other damage, not even if the Podium gains an advantage as a result of the force majeure. The Visitor cannot claim (replacement) access to another Event.
Article 5.4
Force majeure Podium
In addition to article 6:75 of the Civil Code, Podium is not liable for any damages suffered by the Visitor, including the refund of the ticket and/or other costs, which are the result of force majeure on the part of Podium. Force majeure also includes any circumstance beyond the control of the Podium - even if this was foreseeable at the time the agreement was entered into - which temporarily or permanently prevents fulfilment of the agreement, as well as, insofar as not already included, fire, strikes, weather conditions, government measures to prevent the spread of disease, terrorist threats and disturbances.
Article 6.1
Time limit
Complaints about the execution of the agreement between the Podium and the Visitor must be lodged with the Podium management within eight days after the execution of the agreement took place or should have taken place. If complaints are submitted after this deadline, the management of the Podium may decide not to deal with them.
Article 6.2
Complaint unfounded if:
Complaints and circumstances relating to the following are not possible and do not lead to any obligation for compensation on the part of the Podium:
Complaints and circumstances relating to:
a. changes in the programme, including and not limited to, changes in the person(s) of performers, in the composition of the programme, the time frame of the programme and postponement of Events to another date;
b. the quality of the performances of the Events to which the agreement between the Stage 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 certain Visitor(s) to be identified, the Podium will do everything in its power to deny these Visitors admission in the future (if necessary);
d. nuisance or inconvenience caused by maintenance work on the Building or the Venue, and/or the consequences of such maintenance work, which could reasonably be expected at that time;
e. nuisance or inconvenience caused by the improper functioning of facilities in the halls of the Building or the Place
f. nuisance or inconvenience, including limited visibility for the Visitor, caused by (sound) recordings by the media and the technical facilities in the halls taken as a result;
g. (nuisance, noise or otherwise, caused by Events taking place at the same time, including necessary actions which are required to prepare for these Events or which are connected in any other way with these Events, in other areas of the Building or the Venue
h. the allocation and distribution of seats and/or a change in the seating plan necessitated by circumstances;
i. nuisance or inconvenience, including a limited view of the stage and/or surtitles
j. the presence or absence of surtitles, caused by the malfunctioning of the technical facilities, or the choice of the Podium to offer such facilities or not;
k. nuisance or inconvenience caused by public transport strikes;
l. denial of access to an Event that has already started.
Article 7.1
Invalid admission ticket in the event of violation
Should the Visitor violate (one or more of) the provisions stated 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 deny the Visitor (further) access to the Event, for example by invalidating the Admission Ticket, without the Visitor being entitled to reimbursement of any costs. An invalidated Admission Ticket will not entitle the Visitor to admission to the Event.
Article 7.2
Forgery
If there is reason to believe that an admission ticket has been forged, the Podium will be entitled to refuse the holder of the ticket admission to the Event, or any further admission, without the Visitor or the holder being entitled to claim any damages as a result.
Article 7.3
Camera surveillance
The Podium may use camera surveillance in the Building or at the location where the Event is organised. The camera surveillance may take place prior to, during and/or after the Event, in order to protect persons and property of the Podium and/or third parties.
Camera images will be kept for a period to be decided by the Podium and will be made available to the police if required.
Article 7.4
Incidental exercises and evacuation
The Podium is entitled to adapt the (regular) opening hours to incidental exercises within the framework of the company emergency services or, in the case of a calamity, to evacuate all or part of the Building or the Venue, without the Visitor being entitled to a refund of the ticket and/or other costs and/or compensation).
Article 8.1
Modification of visitor conditions
The Podium is entitled to unilaterally amend the General Visitor Conditions. In that case, the Podium will inform the Visitor of the changes in good time. If the Visitor is a natural person who is not acting in the course of a profession or business, and the alteration results in the Visitor being provided with a performance which differs significantly from the original performance, this client will be entitled to dissolve the agreement as of the date on which the altered General Terms and Conditions governing Visitors come into effect.
Article 8.2
Other conditions
The Podium may declare additional conditions and/or regulations applicable to these General Conditions for Visitors. The Podium is also free to declare parts of these general terms and conditions for visitors inapplicable.
The nullity of a provision of these general terms and conditions for visitors will not affect the validity of the other provisions.
The Podium does not accept in advance the applicability of general terms and conditions of the Visitor.
Article 9.1
Dutch law
These General Conditions for Visitors and the agreement between the visitor and the Podium are governed by Dutch law.
Article 9.2
Forum Choice
Any disputes arising from the agreement between the Visitor and the Podium will be exclusively settled by the competent court in the town where the Podium has its registered office, unless the law expressly provides otherwise.
These General Terms and Conditions for Visitors were filed with the Registrar's Office of the District Court of Amsterdam on 27 September 2021 under number 50/2021 and published on the website of the VSCD (www.vscd.nl).