Terms and conditions

TERMS AND CONDITIONS FOR VISITING THE UPSIDE DOWN AMSTERDAM

GENERAL

All visitors to The Upside Down Amsterdam are subject to these terms and conditions. Derogations are valid only if agreed in writing by The Upside Down Amsterdam.
The applicability of these terms and conditions does not affect the applicability of any other terms and conditions (contractual or otherwise) and/or regulations that The Upside Down Amsterdam applies. The convergent applicability of any other terms and conditions (contractual or otherwise) of The Upside Down Amsterdam will not override these terms and conditions. In the case of special activities, in the event of a conflict, the specific terms and conditions or provisions stipulated for those special activities will prevail over these terms and conditions.

1 GENERAL PROVISIONS: DEFINITIONS

Article 1.1 The Upside Down Amsterdam Exploitatie B.V. (to be referred to below as ‘The Venue’) is the organization that manages and runs the Venue, including but not limited to the executive board, curators, employees who interact with the public and security officials, in addition to other experience executives who are authorized to act on behalf of that organization.

Article 1.2 The Venue is the whole made up of spaces, located at Europaboulevard 5 Amsterdam, the Netherlands, which falls under the legal capacity or management authority of ’s executive board, including but not limited to exhibition and event spaces, the café and the shop.

Article 1.3 The Visitor is any person who enters the Venue, the café, the shop and/or visits an exhibition or who attends an event, by invitation, that organizes at the Venue or that third parties organize with its permission.

Article 1.4 The Consumer is anyone using The Upside Down Amsterdam website and other online applications, the online ticket shop, the online shop or visit the Venue for the experiences, the café or the store.

Article 1.5 The Staff is taken to mean anyone representing the Venue and who is identifiable as such.

Article 1.6 The terms and conditions mean these terms and conditions, as they have been filed with the Chamber of Commerce in Amsterdam.

2 ACCESSIBILITY

Article 2.1 The Venue is located in a modern, accessible building that has exhibitions and activities spread out on various rooms. The Venue makes every effort to ensure that all spaces are fully accessible. Both inside and outside the building it is necessary to be aware of the circumstance that could affect personal accessibility. Individual circumstances can seriously affect accessibility.

Article 2.2 The Visitor is advised to familiarize himself with situations that could restrict his accessibility.

Article 2.3 The Visitor is advised to familiarize himself when he enters the Venue with the escape routes that must be used in the event of an emergency or a threat of such a situation arising. It is prohibited to use the elevator in event of an emergency.

Article 2.4 The Venue may deny entrance permanently or for a specified period to the Visitor who has intentionally damaged an object or room, or who warrants the fear for such damage in another manner, during one or more visits to the Venue. Such a Visitor will be notified of the decision to deny him entrance immediately, stating the reasons, and in writing if possible.

3 TICKET SALES, OFFERS AND PRICES

Article 3.1 All quotations that provide in writing or written information that is provided in another manner are binding insofar as they are The Venues own information materials that are located in the Venue at the time of the entitlement or that have been distributed recently by or on behalf of. The Venue is not liable for any errors that can be blamed on an intentional act or omission or negligence on the part of third parties.

Article 3.2 Every Visitor who is present inside the Venue must have a valid admission ticket. Visitors have access only through the entrances and paths that are intended for that purpose.

Article 3.3 The Visitor is required to show his admission ticket or any voucher or ticket that entitles the Visitor to a discount on the admission fee if he is asked to do so by a person who is recognizably an official, including but not limited to security officers or Staff.

Article 3.4 The Visitor will not be entitled to receive a refund of the admission fee or any other compensation if the admission ticket has been lost or stolen before he enters the Venue. If the Visitor does not use an admission ticket that was purchased in advance, that will be at the visitor’s own risk and expense. This provision also applies if the admission ticket is valid only for a certain time and/or date. Once it has been received, an admission ticket may not be exchanged, nor will the admission fee be refunded.

Article 3.5 The Visitor (or a potential Visitor) may be denied entry to the Venue if it is apparent that the admission ticket or the voucher has not been obtained from or an agency that has authorized to issue it.

Article 3.6
  The Venue publishes admission prices through its proprietary channels, on the website and through direct communications. The prices listed here are subject to change. The Venue cannot be held responsible for the (incorrect) publication of admission prices by third parties. Admission tickets can only be purchased on the website or from one of the Venue’s official resellers.

Article 3.7 No legal right of withdrawal. The statutory reflection period and the right of withdrawal (as included in the EU Distance Selling Directive) do not apply to contracts for services to be delivered on a specific date or within a specific period.
The visitors' request for a change in the date of the time of the tickets, cancellation of the agreement or a full or partial refund of the order amount must be directed to The Upside Down Amsterdam by sending an email to hello@the-upsidedown.com. There is no legal obligation compelling to comply with a request.

Article 3.8
In case of force majeure the Venue will not be obliged to refund, but a rebooking policy will apply (voucher).

4 WHILE IN THE VENUE

Article 4.1 The Visitor is prohibited from loitering in or going to any part of the Venue other than the places where the admission ticket entitles the Visitor to go.

Article 4.2
While in the Venue, the Visitor must act by public order, public decency and the rules of propriety related to the nature of the activity being attended. The Visitor also is required to immediately comply with any directions and instructions given by persons who are recognizably an official of The Venue, including but not limited to security officers and Staff. If an authorized official of The Venue, who is recognized as such, is of the opinion that the Visitor has acted contrary to those standards, directions or instructions in any way, the Visitor may be denied any further access to the Venue, without the Visitor having any right to a reimbursement of the costs of the admission ticket or any other costs that the Visitor has incurred.

Article 4.3
While in the Venue, the Visitor is prohibited from performing acts such as:
-          Offering any type of goods for sale to third parties or offering goods free of charge;
-          Blocking other visitors’ paths intentionally and for an extended period, or obstructing the view of the rooms;
-          Being a nuisance to other visitors, including but not limited to the use of mobile telephones for calling or other causes of noise nuisance; provided that the explicitly allowance from staff;
-          Bringing pets or other animals with them, unless they are explicitly permitted in particular areas and except for guide dogs (such as seeing-eye dogs) that guide the Visitor who has an applicable identification card;
-          Smoking;
-          Taking with him objects or substances that an official of The Venue who is recognizable as such considers dangerous. Such objects or substances may be stored at the visitor’s own risk in the lockers that make available for that purpose or may be left behind at locations that the Venue designates for that purpose;
-          Touching objects being exhibited that have been explicitly cordoned off with materials such as fences, ropes or cases. Parents or supervisors of children must strictly supervise to ensure that the children whom they have brought with them do not touch objects being exhibited that have been cordoned off.
Teachers and supervisors of groups must supervise to ensure that the group members whom they are supervising do not damage objects being exhibited that have been cordoned off.

Article 4.4 The Visitor is encouraged to take pictures or shoot video without the use of additional lighting and tripods. Commercial shoots, press interviews, media shoots, and all professional video equipment are strictly prohibited without advance written approval and accompaniment from The Venues’ representatives or Staff.

Article 4.5
In special cases in which the general safety of persons or the collection reasonably so require, a supervisory official of The Venue, who must be recognizable as such, may request to be permitted to inspect any bags or hand-luggage that The Visitor is carrying. Moreover, if it is deemed necessary to do so, staff members may request the Visitor to cooperate with a security search when the Visitor is entering or leaving the Venue.

Article 4.6
The Venue publishes its opening hours through its proprietary channels, on the website, and through direct communications. The Venue reserves the right to change previously published opening hours. The Venue cannot be held responsible for the (incorrect) publication of opening hours by third parties.

Article 4.7 Parents or supervisors of under-age children, either in organized groups or not, are responsible for the children’s behavior. Children under the age of 13 cannot enter without a parent or supervisor.

Article 4.8 The Venue offers limited access for strollers, mobility scooters, wheelchairs, etc. There is no space available outside the Venue to park such items.

Article 4.9 The Venue can be accessed with small rucksacks or handbags, provided these are hand-carried or worn on the front. Large backpacks, handbags or other bags can be left at the lockers. What qualifies as large and small is at the discretion of the staff. The Venue does not accept responsibility for damage to or loss or theft of goods left by the Visitor. Staff may ask to inspect a visitor’s bag for security reasons.

Article 4.10
Part of the Venue may be closed to visitors on certain occasions. Such will not entitle visitors to a refund of the admission price. When a substantial part (>50% of the surface area) of the Venue is closed to visitors, there will be a notice on the website and by the entrance and visitors are entitled to change their admission ticket to other timeslots or dates.

Article 4.11 The Venue reserves the right to take photos and shoot video in the Venue to use for publicity purposes including possible appearances of visitors.

5 PRIVACY


Article 5.1 The Venue uses cookies to facilitate the use of her website and to compile a profile of consumers’ online behavior. For this, The Venue uses a service provided by Google, Facebook and Instagram, which may share the information with third parties if legally required to do so or to the extent that third parties process the information on Google’s, Facebook and Instagram’s behalf. Consumers can request access, rectify or erase their data by requesting this through an email to service@the-upsidedown.com.

Article 5.2
Registration data such as used for ordering or receipt of The Upside Down newsletter are stored in a database that is only used by The Venue and can be disclosed to third parties after the Consumer has given explicit permission for this.

Article 5.3 Consumers can purchase products from the online shop. The personal data needed for that are requested during the ordering process and stored in a database. These personal data are used only for the purchase. The consumer has the right to access the personal data, have the personal data rectified or have the personal data erased by submitting a request to that effect to service@the-upsidedown.com.

Article 5.4 Consumers can purchase admission tickets on the tickets page on the website. The personal data needed for that are requested during the ordering process and stored in a database operated by The Venue’s ticket vending platform. These personal data are used only by The Venue. The consumer has the right to access the personal data, have the personal data rectified or have the personal data erased by submitting a request to that effect to service@the-upsidedown.com.

Article 5.5 There is camera surveillance in The Venue. Visitors are allowed to film or take photos including lamps, flash equipment, tripods and other accessories (including selfie sticks) unless The Venue explicitly denies permission for his. Visitors are not allowed to photograph or film other visitors in The Venue without permission from that person. When taking photographs, visitors should pay attention to respecting a sufficient distance (at least 1.5 meters) from other visitors and employees of The Venue and not hinder other visitors when visiting The Venue. Photos, video and/or film recordings of The Venue made by the visitor may not be used for commercial purposes. The intellectual property rights rest with The Venue. If a person or organisation wishes to use photos of The Venue for commercial purposes, written permission can be requested via colab@the-upsidedown.com. Costs will be charged for use. If a visitor publishes his photos or other visual material relating to The Venue, as an example, but not limited to, on his social media accounts, The Venue is entitled to use the photos or visual material for its own commercial and/ or business activities without further permission from the visitor. By visiting The Venue, the visitor agrees to the publication/disclosure and duplication of photo and film reports/recordings of The Venue, even if the visitor is recognizable on this material. If the visitor objects to the publication of any image material on which he/she can be recognized, this can be made known via hello@the-upsidedown.com. The Venue will then make every effort to prevent publication of the material or not to republish and/or reproduce this material.

6 THE STORE / ONLINE SHOP

Article 6.1 Consumers can purchase products at the Venues’ store or from the online shop. Products displayed are sold at the indicated price, which includes VAT.

Article 6.2 Items purchased at the Venues’ store can be exchanged by returning the product to The Venue in person with the receipt within 14 days. Returns are accepted only on account of production or sales faults. The consumer will then receive a non-faulty version of the same product. If the product in question is no longer available, the purchase price will be refunded.

7 COPYRIGHTS

Article 7.1 The Venue upholds strict copyrights. It is prohibited to publish or duplicate for commercial purposes photographic, video and film recordings based on all or part of the presentation and/or collection, in any manner and using any medium whatsoever, including electronic media, without receiving prior permission to do so, in writing, from The Venue’s executive board.

8 COMPLAINTS

Article 8.1 The Venue will do everything possible to ensure that the visit to the Venue and activities that The Venue organizes are in keeping with the published offer. This includes the obligation to inform the Visitor as thoroughly as possible if the Venue and/or exhibitions that The Venue has offered will close entirely, partially or early.  The Venue also will inform the potential Visitor of any maintenance work, renovations or refurbishment of spaces that could cause inconvenience or nuisance. In no event can the Visitor derive any right to compensation of damage on that ground.

Article 8.2 Complaints concerning the following circumstances are inadmissible. In no event may such circumstances lead to The Venue having any obligation to compensate the Visitor for damage:
-          Complaints concerning the inability to see any rooms in The Venues’ collection;
-          Complaints concerning the Venue being partially closed, including but not limited to partial closing in connection with setting up or dismantling exhibits;
-          Complaints and circumstances related to nuisance or inconvenience caused by other visitors, including but not limited to noise nuisance, inappropriate behavior, theft and molestation;
-          Complaints and circumstances related to nuisance or inconvenience caused by maintenance work, including but not limited to refurbishing or setting up spaces;
-          Complaints and circumstances related to nuisance or inconvenience caused by a failure of facilities in the Venue to operate properly.

Article 8.3 The Venue must receive complaints about any visit to the Venue and claims for compensation of damage, including requests for a refund of the admission fee, in writing, within six weeks after the visit took place. Complaints and claims that are submitted after that term has expired will not be accepted.

Article 8.4 The Venue will investigate the complaint and will respond in writing within 30 days after it has received the complaint. The person who submitted the complaint will be notified if the investigation has not yet been completed and will be told when it is expected that the investigation will be completed.

Article 8.5 The Visitor can submit complaints, claims and suggestions for improvement at the cash desk on the day of the visit or in writing by sending an e-mail to service@the-upsidedown.com.

9 LIABILITY

Article 9.1 The visitor presence in the Venue is at his own risk and expense.

Article 9.2 The Venue will be liable for any damage to property and/or consequential damage or bodily injury caused to the Visitor only if the damage is the result of an intentional act or omission or gross negligence on the part of The Venue and/or its officials and/or staff, on the understanding that the only damage that qualifies for compensation is damage for which The Venue is insured or should have been insured by the standards of reasonableness and fairness and for the maximum amount insured.
The Venue can never be held liable for indirect losses or damage. The Venue’s liability is excluded in cases such as:
a. Damage as a result of acts performed by third parties, including persons who have engaged and lessees of the building (or rooms in the building) and third parties whom such lessees have engaged;
b. Damage as a result of a failure to comply with instructions given by ’s officials and/or staff as a result of a failure to comply with the rules of decency that generally apply;
c. Damage that is caused in any way by other visitors;

Article 9.3 In no event will The Venue be liable for any damage that the Visitor sustains as a result of a situation involving force majeure on the part of The Venue. Force majeure is taken to mean any circumstance over which The Venue has no control – even if it already had been foreseen as a possibility at the time at which the agreement was concluded – that temporarily or permanently prevents compliance with the agreement in addition to, insofar as not already included, war, war violence, civil war, terrorism, uprising, riots, police and/or fire brigade actions, strikes, transport impediments, fire, pandemics and other serious breakdowns in The Venue’s business or in the building, weather conditions and failure of public transport to operate for any reason whatsoever.

10 VISITOR LIABILITY

Article 10.1 The Visitor to the Venue is liable for any direct or indirect damage that he causes, as a result of his failure to comply with these terms and conditions Governing or otherwise, and indemnifies against any claims brought by third parties in that context.

Article 10.2 The person who is (or who originally was) entitled to the admission ticket is jointly responsible and jointly liable for any damage caused by the holder of that admission ticket.

Article 10.3 Parents or supervisors of children are responsible and liable at all times for the behavior of the children that they bring with them. Teachers and supervisors of groups are jointly responsible and jointly liable, without prejudice to each of their joint responsibility and joint liability, for the behavior of the members of the group whom they supervise.

Article 10.4 Organizations that organize (or that have another party organize) meetings, special events and/or parties in the Venue are responsible and liable at all times for the behavior of the guests who they invited, without prejudice to those guests own responsibility and liability.

11 FOUND OBJECTS

Article 11.1 Any objects that the Visitor finds in the Venue can be turned in at the check-in desk.

Article 11.2 The Venue will make every effort to trace the owner of or person entitled to the found object. Any found objects that have not been claimed after they have been in The Venue’s custody for six months will be turned over to the local police. If the owner of or person entitled to a found object wishes to claim the object, the owner or person will be obliged to show proof of his identity.

12 APPLICABLE LAW


Article 12.1 These terms and conditions and the agreement between the Visitor and are governed by Dutch law.

Article 12.2  Any disputes that ensue from the agreement between the Visitor and will be submitted exclusively to the competent court in Amsterdam.
 
13 FINAL PROVISION

Article 13.1 If one or more of the foregoing articles are not legally valid or become legally invalid, the other provisions will otherwise remain legally valid and the invalid provision will be replaced with a new provision that is by the old provision to every extent possible in terms of its content, scope and/or purpose.

Management of The Upside Down Amsterdam
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