Terms and conditions

The general terms and conditions (GTC) apply to offers and agreements that the Louwman Museum makes to any party that wishes to hold a reception or event (hereinafter: Event) in the museum. The user of the general terms and conditions and the party offering the offers and agreements is hereinafter referred to as the Museum. The other party or parties is/are hereinafter referred to as the Client. Museum and Client are hereinafter jointly referred to as the parties.

General terms and conditions

Article 1 - Applicability

Clause 1 - The GT apply to all offers and agreements to which they have been declared applicable by Museum, as well as to all offers and agreements that constitute a continuation of these.

Clause 2 - The Client's general terms and conditions do not apply. Museum expressly rejects them.

Clause 3 - Deviations from and additions to the GT are only valid if expressly agreed in writing between the parties.

Clause 4 - If one or more provisions of the GT should for any reason be invalid, this will not affect the validity of the remaining provisions. The parties will, in mutual consultation, replace the invalid provisions with valid provisions that, in terms of intent, correspond as closely as possible to the invalid provisions being replaced.

Clause 5 - In addition to the GT, the house rules of Museum also apply. A copy of the most up to date house rules is attached to these terms and conditions. Museum always has the right to amend its house rules, insofar as these are reasonable amendments, even after the agreement between the parties has been concluded.

Article 2 - Offers

Clause 1 - All offers from Museum are entirely without obligation and subject to change. Museum always has the right to withdraw or modify offers, even after Client has indicated that they wish to make use of an offer. Information provided by Museum in or with offers is approximate.

Clause 2 - In its offers, Museum may assume the accuracy of the information provided by Client and other parties.

Article 3 - Options

Clause 1 - Options are only valid if provided or confirmed in writing.

Clause 2 - Unless explicitly agreed otherwise, options are valid for 14 days. If the option is not exercised within this period, it will automatically and immediately lapse by operation of law.

Clause 3 - If, during a current option period, the Museum can conclude a final agreement with a third party, it may require the Client to accept the option within 24 hours, failing which the option will automatically and immediately lapse by operation of law and the Museum may conclude the agreement with the other party.

Article 4 - Agreement

Article 1 - An agreement with Museum is only concluded after it has been signed in writing by Museum as accepted. Except where there are written commitments, Museum always has the right, up to the moment of signing and without stating reasons, to refuse to enter into an agreement.

Article 2 - If Museum enters into an agreement with multiple Clients, all Clients are jointly and fully liable for the complete performance of all obligations arising from the agreement.

Article 3 - If Museum enters into an agreement with an intermediary, that intermediary, in addition to any other Clients, is fully jointly liable for the complete performance of all obligations arising from the agreement.

Article 5 - Additional and Reduced Work

Clause 1 - Additional Work is understood to mean: All services that are or will be provided by or on behalf of Museum to Client, but which have not been agreed in a contract between the parties.

Clause 2 - Reduced Work is understood to mean: All services that have been agreed in a contract between the parties, but which are not or will not be purchased by Client.

Clause 3 - The costs for Additional Work are always fully borne by Client. If no agreements have been made about the amount of these costs, Museum is in any case entitled to charge market‑conform prices for them.

Clause 4 - Reduced Work will not be compensated, unless otherwise agreed in writing or Client makes use of the Cancellation Scheme.

Clause 5 - Client is obliged to inform Museum immediately when he makes use of services that qualify as Additional Work.

Article 6 - Cancellation policy

Clause 1 - The Client always has the right to cancel an agreement concluded with the Museum in whole or in part. In the event of cancellation, the Client is, however, obliged to pay the compensation percentage set out in clause 2 on the fee agreed between the parties for the part that is cancelled.

Clause 2 - In the event of cancellation more than 6 months before the date of the Event agreed between the parties, a percentage of 10% applies; for 6 months or less, but more than 3 months, a percentage of 25% applies; for 3 months or less, but more than 1 month, a percentage of 50% applies; for 1 month or less, a percentage of 100% applies.

Clause 3 - If no cancellation is made and the Client does not appear, the percentage of 100% likewise applies. Postponing or changing the date of the Event agreed between the parties is regarded as a cancellation.

Article 7 - Prices and payment

Article 1 - All prices are, unless explicitly stated otherwise, in euros, excluding VAT and other government levies and excluding levies such as Buma Stemra, etc. Changes in these levies will always be passed on to the client.

Article 2 - Invoicing takes place as stipulated in the agreement, or, in the absence thereof, directly after the event.

Article 3 - Museum is at all times entitled, without stating reasons, to request a security deposit that it considers reasonable, which must be provided by the Client to Museum immediately upon first request.

Article 4 - The payment term of an invoice is a maximum of 14 days.

Article 5 - If payment is not made on time, the Client owes Museum, in addition to all collection costs, interest of 2% per month, whereby any part of a month is rounded up to a full month.

Article 6 - The Client is not permitted to suspend and/or set off payment, unless the reason for suspension or the claim used for setoff has been acknowledged in writing by the management of Museum.

Article 7 - Credit notes can only be agreed with the management.

Article 8 - Obligations of the Museum

Clause 1 - Museum will make the agreed space(s) available to Client on the agreed date or dates of the Event. Museum is entitled, in consultation with Client, to offer other suitable space(s) instead of the agreed space(s).

Clause 2 - Museum is obliged to provide the agreed additional services with a level of quality that may reasonably be expected of Museum in view of all the circumstances.

Clause 3 - Museum is entitled to engage third parties for the performance of its obligations under this agreement.

Clause 4 - Museum does not provide any guarantee regarding its museum collection and/or program during the Event.

Article 9 - Obligations of the Client

Clause 1 - Client may use the space(s) and services made available by Museum only for the purpose agreed between the parties, as well as for those purposes for which they are suitable.

Clause 2 - Client may not carry out on or around the premises of Museum any activities which, in the opinion of Museum, may be harmful to Museum, may not bring any dangerous items and/or substances, may not sell any goods and may in no way cause any nuisance.

Clause 3 - Client may never exceed the maximum number of Guests during the Event (including set up, evacuation and dismantling). If this number is not known, the maximum number shall be the number of Guests agreed in the agreement.

Clause 4 - Client must be aware of the most up to date house rules of Museum and must always follow these house rules, as well as instructions by or on behalf of Museum, immediately and in full. In addition, Client must always behave in a proper manner on and around the premises of Museum, all this entirely at the discretion of Museum.

Clause 5 - Client must at all times ensure safety on and around the premises of Museum during the Event (including set up, evacuation and dismantling). In addition, Client must do everything possible to prevent damage being caused on or around the premises of Museum or to the items present there.

Clause 6 - Client is not permitted to make any changes and/or additions to (the surroundings of) the premises and/or building(s) of Museum. Client must leave everything behind in the same condition in which it was found.

Clause 7 - Client must ensure that he also imposes the obligations set out in this article on his Guests, and that his Guests will comply with these obligations. Client is responsible for the identity and conduct of all his Guests. Guests are understood to mean: every visitor to the Event (including set up, evacuation and dismantling), not being a person employed by, or engaged by, Museum.

Clause 8 - Museum is entitled, if necessary even without prior warning, to (temporarily) cease its services with immediate effect if Client and/or (one of) his Guests, in the opinion of Museum, do not or not sufficiently comply with the aforementioned obligations and/or do not behave (sufficiently) properly and thereby endanger safety and/or public order.

Clause 9 - Museum is entitled, if necessary even without prior warning, to deny Client and/or (one of) his Guests access to its premises and/or building(s) if, in the opinion of Museum, the aforementioned obligations are not or not sufficiently complied with, there is improper conduct, or if there is the impression that there is a high likelihood that this person/these persons may endanger safety and/or public order.

Clause 10 - Client must arrange for any permits etc. that may be required.

Clause 11 - Client must ensure that all minor Guests are accompanied by a sufficient number of adult Guests.

Clause 12 - Client must ensure that he and his guests cooperate with any security checks of persons, coats, bags, etc.

Article 10 - Liability of the Museum

Article 1 - Client and their Guests visit the Museum at their own risk. The Museum is only liable for damage, from whatever cause, if and insofar as there is intent or gross negligence on the part of the Museum and/or its managers, unless mandatory law only allows a less far reaching limitation.

Article 2 - The Museum excludes its liability for all forms of indirect, business and consequential damage and furthermore limits its liability to a maximum of the amount paid out under its insurance plus its deductible. If, in addition, the Museum should still be liable, it limits its liability to the amount of the value of the agreement concluded between the parties, with a maximum of EUR 15,000.

Article 3 - The Museum only provides non binding advice. The Museum is never liable for the content and/or consequences of advice it provides, except in the case of intent or gross negligence by the Museum or one of its managers.

Article 4 - The Museum is not liable for damage caused by acts of third parties engaged by it, or their staff or suppliers.

Article 5 - The Museum is never liable for damage to or involving vehicles of the Client.

Article 6 - The Client and their guests are themselves fully responsible for the property they bring with them. Except in the case of intent or gross negligence by it or its managers, the Museum is not liable for damage to or loss of such property, unless it has been taken into safekeeping by the Museum against payment and a numbered receipt has been issued for it. In that case, liability is limited to the item taken into safekeeping and not its contents, and in all cases is capped at EUR 1,000.

Article 7 - Staff members and suppliers of the Museum may also invoke the above limitations.

article 11 - client liability

Clause 1 - During the Event (including set up, evacuation and dismantling), the Client must ensure and is responsible for all conduct of its Guests on the grounds and in the buildings of the Museum, as well as in the immediate surroundings.

Clause 2 - The Client is fully liable towards the Museum for all damage suffered by the Museum as a result of its conduct. In addition, the Client is fully responsible and jointly and severally liable for all damage suffered by the Museum as a result of the conduct of its Guests, without prejudice to the right of the Museum to also address these Guests directly itself for the damage.

Clause 3 - The Client indemnifies the Museum against all claims from third parties arising from the performance of the agreement(s) concluded between the parties, unless such damage is caused by intent or gross negligence on the part of the Museum or one of its managers.

Clause 4 - The Museum assumes that the Client adequately insures its liability.

Article 12 - Technical facilities

Clause 1 - Operation of the technical facilities is carried out only by Museum or under the supervision of Museum.

Clause 2 - Museum is only responsible for those technical facilities and technicians that have been agreed in the contract between the parties.

Clause 3 - The Client or its Guests may only bring and use their own technical facilities if they have obtained prior written permission from Museum.

Article 13 - Intellectual property

Clause 1 - Museum is and will remain the sole holder of all intellectual property rights that are related to it.

Clause 2 - Any intellectual property rights arising from (the performance of) the agreement between the parties shall accrue exclusively and in full to Museum.

Clause 3 - Client is not permitted, in any way whatsoever, to infringe upon the intellectual property rights of Museum.

Clause 4 - Client is not permitted, without the prior explicit written consent of Museum, to use any name, logo, etc. of Museum for publicity purposes.

Article 14 - Complaints

Article 1 - The Client must submit any complaints to the Museum within one month after he became aware of them, or reasonably could have become aware of them, failing which the right to complain will lapse.

Article 2 - Complaints can only be submitted by registered mail or by bailiffs writ.

Article 15 - Termination

Article 1 - Without prejudice to the other provisions in these terms and conditions, the Museum may terminate the agreement concluded between the parties if one of the following conditions has been met:
a) The Client does not fulfill relevant obligations.
b) The Client has been declared bankrupt, has applied for (provisional) suspension of payments, or has submitted an application under the Debt Restructuring (Natural Persons) Act.
c) The Client has shut down, liquidated, or transferred its business to a third party.
d) If there are sufficient indications that the Event will have a different character than agreed between the parties, and the Museum would not have entered into the agreement if it had been aware of this character.

Article 2 - Both parties are entitled to terminate this agreement, without owing any compensation to the other party, in the event of force majeure as referred to in the law. In such a situation, they must immediately inform the other party or parties orally and confirm this to them in writing without delay.

Article 3 - If, at the time of termination, the Museum has already performed services in execution of the agreement, these services and the related payment obligations will not be undone by or after the termination. The Client will therefore always remain liable for the costs of the services already performed by the Museum.

Article 16 - Conclusion

Article 1 - Only Dutch law applies to the offers and agreements. Only the Dutch courts have jurisdiction.

Article 2 - In all cases not covered by these General Terms and Conditions and/or the House Rules of the Museum, the Museum will decide.

Article 3 - If a translation is used, the Dutch text is binding in case of any ambiguity.

General terms and conditions for e-tickets

Article 1.

The term 'e-ticket' refers to the document that is ordered and paid for on the Louwman Museum website: www.louwmanmuseum.nl and is printed by the Visitor and is intended to serve as an admission ticket. The term 'Visitor' refers to the person who purchases an e-ticket.

Article 2.

The e-ticket is a valid admission ticket if the following conditions are met:
• The e-tickets are not tied to a specific day or time and are valid up to and including one year after the date of purchase.
• The e-ticket is only valid during the period stated on the e-ticket and during the opening hours of the Louwman Museum. • An e-ticket cannot be refunded.
• The e-ticket is only valid if it is printed in portrait format (vertical) without adjusting the print size, on a laser or inkjet printer. Under no circumstances may it be presented on another medium (electronic, screen, etc.).
• Good print quality is required. E-tickets that are poorly printed, damaged, illegible or only partially visible may be refused and considered invalid.

Article 3.

For all questions and comments about e-tickets, the Visitor can use the email address: info@louwmanmuseum.nl.

Article 4.

E-tickets can be purchased by concluding a distance contract via www.louwmanmuseum.nl. An offer to the Visitor is deemed to have been made once the Visitor has fully completed the order form and sent it electronically to the Louwman Museum by clicking on 'confirm' in the ordering process. The agreement between the Visitor and the Louwman Museum is concluded at the moment the Louwman Museum, after verifying payment, has sent an e-ticket to the Visitor by email. These General Terms and Conditions apply to every agreement thus concluded between the Visitor and the Louwman Museum. The amount paid is stated on the e-ticket. The 'Consumer Protection (Distance Selling) Act' does not apply to the purchase of an e-ticket due to its time-bound nature.

Article 5.

The prices stated on the website include VAT. Payments must be made via the iDeal system or by credit card. The general terms and conditions of the relevant bank and the relevant payment module apply to the payment.

Article 6.

An e-ticket grants one-time admission per person to the Louwman Museum. After the access check, the ticket cannot be used again.

Article 7.

The data entered when purchasing an e-ticket will be used for the performance of the agreement. The performance of the agreement includes: the purchase, the electronic delivery, the verification of the e-ticket and the possible handling of questions. The data entered may also be used to monitor and/or research the product in order to improve it, and, on an occasional basis, questions may be asked of the person who ordered the e-ticket.

Article 8.

The Louwman Museum is not liable for any damage arising from third parties reading the email address entered by the Visitor, nor for any consequences of the entered email address not functioning.

Article 9.

These General Terms and Conditions apply in addition to the House Rules of the Louwman Museum. You can view these terms and conditions on the Louwman Museum website.

Article 10.

Dutch law applies to these General Terms and Conditions and to the agreement to be concluded between the Visitor and the Louwman Museum. All disputes relating to or arising from the agreement will be submitted exclusively to the competent court in The Hague.