General terms and conditions

GENERAL VISITOR TERMS AND CONDITIONS DELAMAR

1.0 General
1.1 These General visitor terms and conditions apply to every Agreement entered into by DeLaMar and a visitor of DeLaMar. These General visitor terms and conditions also apply to all acts performed for the purposes of fulfilling this Agreement. In addition, these General visitor terms and conditions apply to every person who attends any Event in the Building, without the person concerned having to have entered into an agreement with DeLaMar, directly or indirectly.
1.2 For the purposes of these General visitor terms and conditions the following terms are understood to mean:

• Visitor/Visitors: any person or legal entity which by any means, directly or indirectly, enters into an Agreement with DeLaMar regarding attendance to an Event organised by DeLaMar or a third party in the Building of DeLaMar.
• DeLaMar: Stichting DeLaMar Theater (Foundation DeLaMar Theatre)
• Event: public or private happening where (a) show(s) of artistic/cultural value will be performed, or any other display, of artistic/cultural value or not, that takes place in the Building.
• Building: the location where the Event will be held, being DeLaMar located at Marnixstraat 402 in Amsterdam.
• Organiser: the party that is responsible for the production of and/or organising the Event in the Building.
• Agreement: the Agreement between DeLaMar and the Visitor concerning attendance to an Event, which is entered into either through the agency of DeLaMar, or through a ticket sales organisation called in by DeLaMar.
  
  

2.0 Ticket sales/Special offers/Pricing
2.1 All special offers, (programme) announcements, communications or information otherwise provided, and quotations provided by DeLaMar, or (on behalf of DeLaMar) by third parties are free of engagement. DeLaMar does not accept any liability for any errors in announcements, special offers, communications or information otherwise provided, and quotations provided to the Visitor by DeLamar or third parties. Nor does DeLamar accept any liability for any mistakes made during (advance) booking of tickets by third parties, including the so-called advance sales outlets.
2.2 When requested to do so, the Visitor is at all times obliged to show their ticket and only card that entitles the holder to receive a discount on this ticket to members of staff of DeLaMar recognisable as such. The ticket should in any case be shown when entering the (relevant room in) the Building, and also when the Visitor has left (the relevant room in) the Building during (for the duration of) an Event.
2.3 The tickets are and remain the property of DeLaMar or the Organiser of the Event and are placed in possession of the Visitor by or on behalf of DeLaMar, subject to the conditions that without prior consent of DeLaMar and/or the Organiser it is not allowed to i) sell tickets to third parties or to commercially provide them, directly or indirectly, to third parties by any other means, ii) offer the tickets in commercial statements – in some way or another – or to refer to the tickets by any other means. If, and as far as, DeLaMar or the Organiser observes that the Visitor has contravened the aforementioned terms, the tickets shall be invalidated. Holders of said tickets are denied access to the Event, without any right to any compensation (for damages) or a refund. DeLaMar reserves the right to refuse bookings of tickets of the Visitor who DeLaMar suspects of acting or who has been found to have acted in breach of the terms and conditions as described above.
2.4 The ticket entitles the holder to attend the Event. DeLaMar may assume that the holder of this ticket is also the rightful claimant of said ticket. DeLaMar is not obliged to conduct further checks with respect to valid tickets. The Visitor is itself responsible for becoming and remaining the holder of the ticket provided by DeLaMar or a(n) (advance) sales outlet that has been called in by DeLaMar.
2.5 The ticket is issued once, and gives access to one person.
2.6 From the moment the ticket has been made available electronically to the Visitor or has been sent to the Visitor, the risk of loss, theft, damage or misuse of the ticket is carried by the Visitor.
2.7 The Visitor is not entitled to a refund of the entrance fee or any other refund (i) in the case of loss or theft of their ticket or (ii) in case the Visitor has obtained the ticket from a third party other than DeLaMar and said third party has not transferred the entrance fee to DeLaMar for reasons on the part of said third party. If, for any reason whatsoever, the Visitor does not use the ticket, this will be at the Visitor’s own account. No refund can be claimed for an obtained ticket.
2.8 If and in so far as the Visitor is prevented from attending the show for which tickets have been purchased, for reasons that cannot be attributed to DeLaMar and for other reasons than those described in article 2.3, DeLaMar offers the Visitor the opportunity to exchange the tickets no later than one week prior to the date of the show, for tickets to another show that is performed at DeLaMar. Both exchanging tickets as well as making a new booking is free of charge for the first time. After this first time an administration fee of Euro 2,50 per ticket will be charged.
The provisions of this article do not apply to group bookings for groups consisting of seventeen persons or more that have been made through third parties.
2.9 If the Visitor wants to appeal to a discount offer relating to the booking of tickets, such a booking can only proceed on-line, unless the discount announcement explicitly states that the discount also applies to telephone and box office bookings. At the beginning of the telephone conversation, the Visitor should indicate that they wish to use the discount offer.
2.10 Upon making a booking, DeLaMar or the ticketing organisation called in by DeLaMar also charges transaction costs in addition to the entrance fee, to which, as the case may be, shipping costs can be added that are charged once per booking. This can vary per ticket sales organisation.

3.0 The stay in the Building
3.1 For the duration of Visitor’s stay in the Building, the Visitor is expected to behave in accordance with public order, public decency and in line with the applicable precepts of decorum relating to the nature of the attended Event. In this respect, the Visitor is also obliged to follow the directions and instructions given by members of staff of DeLaMar recognisable as such. If according to the reasonable judgement of a member of staff of DeLaMar the actions of the Visitor are contravening with these norms, directions or instructions in any way, the Visitor may be denied continued access to the Building (possibly for an indefinite period), without any entitlement to a refund for their ticket.
3.2 The Visitor is among other things prohibited from the following:
a.    offering goods and written information of any kind for sale or providing them free of charge to third parties in the Building, without the explicit permission of the board of directors of DeLaMar;
b.    taking pets or animals with you into the Building, with the exception of a service dog;
c.    taking any food and/or (alcoholic) beverages with you into the Building;
d.    taking any objects or materials with you into the Building that are considered to be dangerous or objectionable to the visitors in opinion of a member of staff of DeLaMar;
e.    being under the influence of drink, or entering the Building whilst being under the influence of narcotics, and taking any narcotics with you into the Building.
3.3  The management of DeLaMar reserves the right to ask leave to inspect the (hand) luggage of the Visitor. If and when it is deemed necessary, specially educated and trained members of staff can also request that the Visitor allows a security body search. In case the Visitor refuses to cooperate, the Visitor can be denied (continued) access to the Building, without any right to a refund for the price of the ticket.
3.4 The Visitor is prohibited from using photographic equipment, video equipment, cinematographic equipment, audio equipment, and other recording equipment - explicitly also including (mobile) communication devices with these functionalities - inside the Building and the Hall, without prior written approval from DeLaMar. Telephones or other means of wireless communication must be set to flight mode or silent mode before entering the hall. Members of staff of DeLaMar recognisable as such are authorised to demand the Visitor to hand over any equipment found, and to to hold said equipment for safekeeping for the duration of Visitor’s stay in the Building and the hall. The members of staff referred to are also authorised to destroy any audio and/or audiovisual recordings that have been made in violation of the aforementioned. If the Visitor is not cooperative, they can be denied (continued) access to the Building, without any entitlement to a refund for the price of the ticket.
3.5 DeLaMar reserves the right to make video and/or audio recordings of the Event that the Visitor is attending, or to have these made. DeLaMar acts in accordance with the General Data Protection Regulation and will do everything in its power to prevent that the Visitor can be identified in the footage. The principle here is, that a person is identifiable if their identity can be established without disproportionate effort.
3.6 Inside the Building a smoking ban is in effect. The Visitor is expected to respect these regulations regarding smoking. The administrator of the Building as well as members of staff of DeLaMar recognisable as such, are authorised to deny the Visitor (continued) access to the Building if and when the Visitor refuses to cooperate. In that case the Visitor can make no claim to a refund for the price of the ticket.
3.7 DeLaMar can oblige the Visitor to hand in coats, bags and/or other large items at the cloakroom. Including, but not limited to: suitcases, prams, wheelchairs, umbrellas, helmets, motorcycle suits, rollators, child seats and so forth. The obligation to hand in the above-mentioned goods only stands if the cloakroom is manned during the the visit of the Visitor. DeLaMar does not ask a fee for use of the cloakroom. One receipt will be provided for each item that is handed in. Items will only be returned after handing over this receipt. DeLaMar is not accountable for any suffered damages and/or consequential damages, whether they are direct or indirect. In principle, DeLaMar stores the items that have been handed in for the duration of the Event. The Visitor is obliged to pick up the items that they left at the cloakroom from DeLaMar prior to leaving the Building or the Location. If an item that was handed in, is not reclaimed after conclusion of an Event, it will be stored according to the policy for lost and found items.
3.8 DeLaMar may point out to a Visitor, or refuse them if they have not yet reached the advised minimum age, which has been indicated by the performer/impresario of the Event. There is no refund for already purchased tickets and/or any other costs.
3.9 The Visitor can be asked to give evidence of their identity by one of members of staff of DeLaMar. When the Visitor cannot give proof of their identity, or refuses to do so, the Visitor can be denied access to the Building, without the right to a refund of the ticket and/or any other costs.

4.0    Liability of DeLaMar
4.1 The Visitor's stay in the Building is at his/her own expense and risk.
4.2 DeLaMar is only liable for material, personal and/or consequential damages suffered by the Visitor caused directly and exclusively by intent or gross negligence on the part of DeLaMar and/or its members of staff, provided that such damages are covered by insurance of DeLaMar or should in all reasonableness and fairness have been have been covered by insurance and only to the extent of the maximum amount covered therein. The liability of DeLaMar is among others excluded by:
a.    damages as a result of the actions of third parties, including individuals and lessees of (rooms in) the Building called in by DeLaMar, and as a result of actions of individuals called in by said third parties;
b.    damages as a result of failing to follow instructions given by members of staff of DeLaMar and failing to comply with the general precepts of decorum;
c.    (consequential) damages as a result of unforeseeable changes to the start and end times of the Events relating to the Agreement between DeLaMar and the Visitor;
d.    damages caused by other Visitors in any way.
4.3 DeLaMar is in no case liable for damages suffered by the Visitor, resulting from force majeure on the part of DeLaMar. Force majeure is also understood to mean any circumstance independent of the intention of DeLaMar - even if it could have already been a foreseeable possibility at the time of entering into the agreement - that hinders compliance of the agreement, either temporarily or permanently, as well as insofar as not already included hereunder: war, war violence, civil war, revolt, riots, police and/or fire department actions, strike, problems with transportation, fire, water damage and other severe faults in the company of DeLaMar or in the Building, failure of and damage to (technical) equipment in the Building or, as the case may be, concerning the Event, the decease of one or more members of the Royal Family or situations of national mourning as a result of which the Event cannot take place, and extreme weather conditions.

5.0 Cancellation of or changes to an Event
5.1 If and insofar as DeLaMar and/or the Organiser are compelled to cancel (a) show(s) of the Event for any reason whatsoever, the Visitor has a claim to a refund of entrance fees that have been paid demonstrably. Refunds of entrance fees should be made by DeLaMar, provided that the tickets have been purchased there, or by the organisation that has sold the tickets for the Event to the Visitor. In any such case, the Visitor shall be timely notified hereof. Any additional costs, such as those incurred for transportation/overnight stay, are explicitly not eligible for compensation by DeLaMar.
5.2 If and insofar as DeLaMar and/or the Organiser of the Event are compelled to change the date of (a) show(s) of the Event for any reason whatsoever, the Visitor will be given the opportunity to use the already purchased tickets to attend the show on the newly determined date(s) of the show(s). If and insofar as the Visitor indicates that they do not want to make use of this option, the Visitor has a claim to a refund of entrance fees that have been paid demonstrably. In that case the provisions of article 7.1 shall apply in full.

6.0    Complaints
6.1 Complaints concerning the performance of the Agreement between DeLaMar and the Visitor must have been received by the management of DeLaMar by submitting them via info@delamar.nl within eight days after the Agreement has been carried out. The management of DeLaMar can decide that complaints submitted after the expiration of said term will not be taken into consideration.
6.2 DeLaMar is not liable and has no obligation to indemnify for any damages relating to:
a.    complaints and circumstances regarding changes to the programme, including but not limited to, changes to the person(s) of (a) performing act(s), changes to the make-up of the programme, cancellations or postponements of the date of Events;
b.    complaints and circumstances regarding the quality of the execution of Events covered by the Agreement between DeLaMar and the Visitor;
c.    complaints and circumstances concerning inconvenience or discomfort caused by other visitors or unlawful intruders, including but not limited to noise pollution, inappropriate behaviour, theft and molestation. Upon repeated inconvenience or discomfort caused by certain visitors that still need to be identified, DeLaMar shall make every effort to deny these visitors future access if necessary;
d.    complaints and circumstances concerning inconvenience or discomfort resulting from maintenance work carried out in the Building, or the consequences of such maintenance work that was reasonably allowed to be carried out at the time;
e.    complaints and circumstances concerning inconvenience or discomfort caused by improperly functioning facilities in the halls of the Building;
f.    complaints and circumstances concerning inconvenience or discomfort, including limited view for the Visitor, caused by (audio) recordings by the media and by the technical provisions put in place in the halls to that end;
g.    complaints and circumstances concerning (sound) pollution caused by Events that take place at the same time, including the actions necessary for preparing these Events, or related to these Events in any other way, in other rooms of the Building;
h.    complaints and circumstances concerning allocation and distribution of seats and/or a modification to the seating plan that is necessary due to the circumstances;
i.    complaints and circumstances concerning nuisance or inconvenience, including a limited view of the stage and supertitles;
j.    complaints and circumstances concerning the presence or absence of supertitles, caused by improperly functioning of technical equipment or by the decision of DeLaMar not to offer those facilities;
k.    complaints and circumstances concerning inconvenience or discomfort caused by public transportation strikes;
l.    complaints due to the Visitor having been denied access to the hall because the Event in this hall has already started.
m.    complaints and circumstances that relate to parking problems because of overcrowding.
n.    complaints and circumstances concerning hopes aroused by third parties.

7.0 Personal data
7.1 The privacy and cookie statement is applicable to the processing of personal data by DeLaMar, which can be found on the website of DeLaMar.

8.0 Intellectual property rights
8.1  All intellectual property rights regarding names, logos, texts, images, photographic materials, audio files, animation files and audiovisual files of either DeLaMar or the Event rest with either DeLaMar or the Organiser of the Event. The Visitor is prohibited from disclosing these directly or indirectly and/or to multiply them or otherwise use them, or try to benefit from them, except for the prior written consent of DeLaMar and/or the Organiser of the Event.

9.0 Rights of DeLaMar
9.1  Invalid ticket in case of violation
If (one or more of) the provisions as mentioned in these General visitor terms and conditions have been infringed upon by the Visitor, the latter will be in default by operation of the law without a notice of default being required and at the same DeLaMar will be empowered to undo the bargain with immediate effect and without legal intervention being required, and/or to deny the Visitor (continued) access to the Event, i.e. by means of invalidating the ticket, without the Visitor having any right to a refund of any kind. An invalidated ticket does not entitle the holder access to the Event (any longer).
9.2 If a ticket is plausible to be a counterfeit DeLaMar has the right to deny the holder of this ticket (continued) access to the Event, without the Visitor, as the case may be, holder being entitled to any damages resulting from this.
9.3 DeLaMar can use camera surveillance in the Building. Camera surveillance can be used prior and/or after the conclusion of the Event for the protection of persons and belongings of DeLaMar and/or third parties. Camera footage is stored for a period that is to be determined by DeLaMar en can, when necessary, be provided to the police.
9.4 Incidental (emergency) drills and evacuation
DeLaMar reserves the right to adapt the (standard) opening hours to incidental drills in the context of emergency response, or in case of a calamity, to evacuate the Building wholly or in part, without the Visitor being entitled to refund of the ticket and/or other costs and or compensation for damages.

10.0 Other conditions / provisions
10.1  DeLaMar is entitled to unilaterally change the General visitor terms and conditions. In those cases DeLaMar will timely notify the Visitor of such changes via the website. If the Visitor is a natural person who does not act in the exercise of any profession or business, and a change would result in the Visitor receiving a performance that deviates considerably from the original performance, said Visitor is authorised to annul the Agreement at the date upon which the modified General visitor terms and conditions come into effect.
10.2 This Agreement is also subject to the general terms and conditions of the Organiser and the general terms and conditions of the organisations through which the Visitor has purchased the tickets for the Event.
10.3 The nullity of any provision of these General visitor terms and conditions does not invalidate the validity of the other provisions in any way.

11.0 Applicable law / Competent court
11.1  These General visitor terms and conditions and the Agreement between the Visitor and DeLaMar is governed by Dutch law.
11.2  Any disputes arising from the Agreement between the Visitor and DeLaMar shall be exclusively submitted to the competent court in Amsterdam.

The General visitor terms and conditions were changed last on 17 April 2024.

These General visitor terms and conditions have been drawn up in Dutch and translated into English. In case of any ambiguities or discrepancies with regard to the English text of the General visitor terms and conditions the original Dutch version shall prevail at all times.