The following definitions are used in these terms and conditions:
AS: Amsterdam Sinfonietta
Ticket Buyer: any natural person or legal entity that buys a single ticket (in the form of a paper ticket or e-ticket) from AS, whether directly or through an intermediary, for a concert given by AS
Time to Consider: the period within which consumers can make use of their right to cancellation
Consumer: natural persons who are not acting for purposes connected to their commercial, business, trading or professional activities
Venue Operator: any natural person or legal entity that operates a venue and hires it out to AS for the performance of concerts by AS
Client: any natural person or legal entity that engages AS to give a concert
Agreement: any agreement that is concluded by AS with another party
Agreement at distance: an agreement that is concluded online through AS website between a consumer and AS
Performers: those who actually perform the concerts given by AS, whether or not employed by AS
Other Party: any natural person or legal entity with whom AS concludes an agreement itself or through a third party, or negotiates such an agreement, including at least venue operators, clients, Ticket Buyers and consumers.
A) GENERAL PROVISIONS
1 These Terms and Conditions are part of all Agreements and are applicable to all AS’s acts and legal acts related to those Agreements.
1.2 The applicability of Terms and Conditions or stipulations of the Other Party are expressly rejected by AS.
1.3 Changes and/or additions to any provision of the Agreement and/or the Terms and Conditions will only apply if they are agreed in writing by AS and will only apply to the Agreement in question.
IDENTITY OF THE COMPANY
Amsterdam Sinfonietta (Amsterdam Sinfonietta), hereinafter referred to as “AS”.
Location- and postal address: Piet Heinkade 5, 1019 BR Amsterdam
Telephone number: +31 (0)20 – 52 70 770
Available: Monday to Friday, 09.00 -17.00
Dutch Chamber of Commerce number: 41 208 445
VAT identification number: NL 00.83.94.647.B01
2 Offers for and conclusion of Agreements
2.1 An offer or quotation is not binding for AS and counts only as an invitation to enter into an Agreement.
2.2 An Agreement is only concluded if and insofar as it is accepted in writing by AS or if AS implements an Agreement.
3 Prices and payment
3.1 Prices are based on the applicable circumstances during the conclusion of the Agreement, such as government subsidies, Performers’ fees, wage costs, social security contributions, import and export duties, excise duties, levies and taxes levied directly or indirectly on AS and/or charged to AS by third parties. If there should be a change in these circumstances after the conclusion of the Agreement, yet prior to its implementation, AS is entitled to charge the costs arising from this to the Other Party. In the case of a price increase within three months of concluding the Agreement, the Other Party is entitled to dissolve the Agreement.
3.2 After the conclusion of the Agreement, AS is authorised to correct obvious mistakes and errors in the brochures and offers.
3.3 Payment must be made within the agreed term after the invoice date, without the Other Party being able to claim settlement. Neither is the Other Party entitled to defer its payment obligations, unless the Other Party submits the dispute to the jurisdiction of the competent court stated in Article 9, within 2 months of the date on which the obligation in question becomes payable.
3.4 In the case of late payment by the Other Party, the Other Party is in default, without any demand or default notice being required. In that case, all debts, in any respect whatsoever, are immediately due and payable to AS by the Other Party. If payment in instalments has been agreed, in the case of default of the Other Party with regard to one of those instalments, all the remaining unpaid instalments will be immediately due and payable.
3.5 On all amounts that have not been paid by the final date of the payment term, from that date the Other Party will owe default interest equal to the legal interest rate then applicable in the Netherlands, increased by a surcharge of 2%.
3.6 If the Other Party is in default towards AS, it is obliged to compensate AS in full for the extrajudicial and judicial costs. The extrajudicial costs amount to at least 15% of the amount that remains unpaid, with a minimum of EUR 100, plus the VAT owed on that amount.
4.1 AS is responsible to the Other Party for delivering what has been agreed.
4.2 Complaints about deficiencies in AS’s implementation of the Agreement must be reported in writing to AS within 8 working days of the deficiency arising. No complaint can be made about the fact that AS, as a consequence of force majeure as set out in Article 5, has to change the concerts or has to use other Performers.
4.3 On condition that the complaint made by the Other Party is prompt, correct and justified, AS can choose to offer a similar performance free of charge or to refund the agreed price.
4.4 Both the contractual liability and the legal liability of AS are restricted at all times to direct damage to the Other Party, either to persons or things. AS is therefore not liable, either by law or under the terms of the Agreement, for so-called indirect damage and consequential loss that may be suffered by the Other Party, including loss consequential on business interruption and immaterial damage.
4.5 Without prejudice to the previous paragraph, the contractual liability and the legal liability of AS are restricted at all times to the amount paid out by AS’s insurance company for the case in question.
4.6 Unless the damage is caused by the wilful intent or gross negligence of AS, the Other Party will indemnify AS against all claims by third parties related to the Agreements concluded between them, and will reimburse AS for all damage suffered by AS as a consequence of such claims.
5 Force majeure
5.1 Force majeure is understood to mean a shortcoming for which AS cannot be held accountable, whereby AS cannot fulfil its obligation towards the Other Party in whole or in part, or cannot reasonably be expected to do so, irrespective of whether this circumstance could have been foreseen at the time the Agreement was concluded. These circumstances include: strikes, blockades, actions by the fire brigade/police in the direct vicinity of the building of the Venue Operator, the lack of any permit to be obtained from the authorities, a necessary change of plan as a result of external circumstances, including the no-show of any of the Performers of the concert (e.g. due to illness), and should the Venue Operator not comply with (or be unable to comply with) an Agreement concluded with AS.
5.2 In that case, the Other Party is not entitled to any compensation or damages, even if AS has any benefit as a consequence of the force majeure.
5.3 If AS cannot fulfil its obligations towards the Other Party due to force majeure, AS can choose whether to change the concert programme or the Performer(s), to cancel the concert on restitution of the agreed price or to move the concert to another date to be determined by AS, or else (more generally) to postpone its obligations to the Other Party.
6.1 In the case of (provisional) moratorium, bankruptcy, closure or liquidation of the Other Party (or its company), all Agreements will be legally dissolved, unless AS communicates, within a reasonable term, its wish to fulfil the Agreement(s) in whole or in part.
6.2 In the case of default of the Other Party or in one of the cases stated in paragraph 1 of this Article, AS is authorised to postpone the implementation of each Agreement and/or to dissolve any Agreement in whole or in part.
6.3 The provisions in Articles 6.1 and 6.2 do not detract from the other rights of AS by law and under the terms of the Agreement.
6.4 In the event of a situation as stated in (i) 6.1 or (ii) 6.2 respectively, (i) all debts owed to AS by the Other Party by virtue of the Agreement(s) concerned and (ii) all debts owed to AS by the Other Party are immediately payable in full, and AS is entitled to terminate the implementation of the Agreement concerned.
7 Intellectual property rights
7.1 Concerning AS’s implementation of the Agreement, the Other Party will have no right to intellectual property whatsoever.
7.2 The Other Party is not permitted to make visual or sound recordings of the concert performance, or have them made, without the express permission of AS. For each violation of this condition, the Other Party will owe an immediately payable fine of EUR 25,000 per occurrence.
8 Applicable law, competent court
8.1 These Terms and Conditions, as well as the Agreement, will be governed by and construed in accordance with the laws of the Netherlands.
8.2 All disputes arising from the Agreement or these Terms and Conditions will be subject, insofar as not otherwise prescribed by law, to the judgement of the competent court in Amsterdam, on the understanding that AS is entitled to institute proceedings against the Other Party regarding debts, whether or not at the same time, with other courts of justice that are competent in dealing with such debts.
B) ADDITIONAL CONDITIONS FOR THE TICKET BUYER
9.1 Tickets must be ordered as described in the relevant publicity material.
9.2 Ticket orders are dealt with in order of receipt.
9.3 The risk of loss or theft of a ticket is borne by the Ticket Buyer. A duplicate ticket may be given to the Ticket Buyer at the discretion of AS. If applicable, any costs arising from this are paid by the Ticket Buyer.
9.4 The sale and reservation tickets, as well as the seating plan and allocation of seats, is at the sole discretion of AS, and is determined by AS or by the Venue Operator on behalf of AS.
9.5 In some cases, tickets may exchanged or returned, in agreement with AS.
10.1 During the performance of a concert, AS is entitled at all times to make television, CD, radio, video or other audiovisual recordings, or have them made by third parties, to set up the necessary equipment in the concert hall and to change the seating plan if necessary, even if this should lead to inconvenience, discomfort or a restricted view of the stage for the Ticket Buyer.
10.2 AS will endeavour to limit any inconvenience, discomfort or restricted view of the stage for the Ticket Buyer as far as reasonably possible. Insofar as the cooperation or permission of the Venue Operator is necessary for this, AS cannot be held responsible if this cooperation or permission is not given.
11 Details of Ticket Buyer
11.1 Details of the Ticket Buyer, including the details of name, address and town/city of the Ticket Buyer, which are registered in connection with the sale of tickets are stored in a database under the General Data Protection Regulation (GDPR).
AS processes personal data in providing its service. AS attaches great importance to processing personal data with care and in accordance with the legal requirements. Personal data is stored solely for the purpose of:
- the provision of services by Amsterdam Sinfonietta and the implementation of agreements;
- contact and information, or providing information about relevant services;
- marketing activities, such as newsletters, invitations to performances/events and other marketing communication that may be of importance;
- improving the quality of the services and activities of Amsterdam Sinfonietta;
- conducting the business operations of Amsterdam Sinfonietta, including policy development and effective management;
- following the rules and regulations that are applicable to Amsterdam Sinfonietta.
Personal data is processed as follows:
- personal details/identification details at the start of the service: surname, first names, gender, address, town/city, telephone number, e-mail address and bank account number;
- details concerning visit to AS website;
- details given with regard to attending performances/events or meetings, such as accessibility and dietary requirements.
Amsterdam Sinfonietta processes personal data on the basis of the following principles:
- implementation of the agreement or service;
- permission from the party/parties concerned;
- fulfilment of a legal obligation;
- legitimate interest.
12 Recordings during concerts for All of Bach
Some concerts by Amsterdam Sinfonietta are recorded for publication on our streamingplatform/social media. If you attend one of these concerts, it means you give permission to be filmed, unless you notify us in writing in advance by e-mail (via firstname.lastname@example.org) or tell the Communication and Sales department at the concert entrance that you do not give permission. We will then take the necessary steps at the location. If you have any questions about this disclaimer or wish to review your permission, please contact our Communication and Sales department through email@example.com or +31 (0)20 – 52 70 770 (on weekdays between 09.00 and 17.00).
C) ADDITIONAL CONDITIONS FOR THE VENUE OPERATOR AND THE CLIENT
13 Transfer of rights and obligations, and transfer of control
13.1 Without prior written permission, parties are mutually unauthorised to transfer their rights and obligations, in whole or in part, to a third party or to have the Agreement implemented, in whole or in part, by a third party, with the exception of AS’s entitlement to transfer the collection of debts from the Venue Operator/Client.
13.2 If, after the conclusion of the Agreement, control of all or a significant part of AS’s activities is transferred to a third party, directly or indirectly, or if control at the Venue Operator/Client is transferred to a third party, directly or indirectly, AS is entitled to unilaterally terminate the Agreement, in whole or in part, without judicial intervention, by registered letter with a one-month period of notice, without being liable for any compensation. However, this right will lapse if AS does not assert it within fourteen days of the transfer concerned being brought to its attention.