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 BV (to be referred to below as ‘TUDA’) 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 TUDA’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 TUDA organizes at the Venue or that third parties organize with TUDA’s permission. and/or attend an event.
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 visiting 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. TUDA makes every effort to ensure that all spaces are fully accessible. Both inside and outside the building it is necessary to be aware of 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 personal 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 situation or a threat of such a situation arising. It is prohibited to use the lifts in event of an emergency.
 
Article 2.4 TUDA 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 Any and all quotations that TUDA provides in writing or written information that is provided in another manner are binding insofar as they are TUDA’s 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 TUDA. TUDA 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 in the event that the admission ticket has been lost or stolen before he enters the Venue. In the event that 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 in the event that 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, the discount card or the voucher has not been obtained from TUDA or an agency that TUDA has authorized to issue it.
 
Article 3.6 Admission tickets are strictly personal and non-transferrable.
 
Article 3.7 A Venue pass is strictly personal and non-transferrable. The Visitor must be able to show the Venue pass when entering the Venue.
 
Article 3.8 TUDA publishes admission prices through its proprietary channels, on the website and through direct communications. The prices listed here are subject to change. TUDA cannot be held responsible for (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.

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 in accordance with 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 TUDA’s, including but not limited to security officers and Staff. In the event that an authorized official of TUDA’s, who is recognizable 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 of time, or obstructing the view of the rooms;
being a nuisance to other visitors, including but not limited to the use of mobile telephones or other causes of noise nuisance; however, TUDA may explicitly allow the use of such devices in particular areas;
bringing pets or other animals with them, unless they are explicitly permitted in particular areas and with the exception of 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 TUDA’s who is recognizable as such considers dangerous. Such objects or substances may be stored at the visitor’s own risk in the lockers that TUDA makes available for that purpose or may be left behind at locations that the  Venue designates for that purpose; and
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 TUDA 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 TUDA’s, 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. A potential visitor will be warned that that measure is in effect before he enters the Venue.
 
Article 4.6 TUDA publishes its opening hours through its proprietary channels, on the website, and through direct communications. TUDA reserves the right to change previously published opening hours. The Visitor is entitled to a refund of the price paid for an admission ticket, when a previously bought time slot is no longer available. TUDA cannot be held responsible for (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 12 cannot enter without a parent or supervisor.
 
Article 4.8 TUDA offers limited access for strollers, mobility scooters, wheelchairs, etc. There is no space available outside the Venue to park such items. Inside the Venue only very limited space is available for this.
Article 4.9 TUDA 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. TUDA 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 There is CCTV, closed circulation video surveillance all over the Venue. Video footage will be stored in line with legal provisions and, whenever required, be shared with the police.
Article 4.12 TUDA reserves the right to take photos and shoot video in the Venue to use for publicity purposes.

5 PRIVACY
Article 5.1 TUDA uses cookies to facilitate the use of her website and to compile a profile of consumers’ online behavior. For this, TUDA 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 personal data by requesting this through an email to service@the-upsidedown.com.
Article 5.2 Registration data such as used for ordering or for receipt of The Upside Down newsletter are stored in a database that is only used by TUDA and can be disclosed to third parties after the Consumer has given explicit permission for this. Consumers can access, rectify or erase their personal data themselves through the website.
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 by TUDA for the purposes of 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 TUDA’s ticket vending platform. These personal data are used only by TUDA. 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 All photos, videos, audio records and other content recorded and/or taken by TUDA of its visitors and/or the Venue is the sole property of TUDA. All such content (as referred to in the previous sentence) that is posted publicly, may be used by TUDA for public use.

6 THE TUDA STORE / ONLINE SHOP
Article 6.1 Consumers can purchase products at the TUDA store or from the online shop. Products displayed are sold at the indicated price, which includes VAT.
Article 6.2 Items purchased at the TUDA store can be exchanged by returning the product to TUDA 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 TUDA 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 TUDA’s executive board.
 
8 COMPLAINTS
 Article 8.1 TUDA will do everything possible to ensure that the visit to the Venue and activities that TUDA organizes are in keeping with the published offer. This includes the obligation to inform the Visitor as thoroughly as possible in the event that the Venue and/or exhibitions that TUDA has offered will close entirely, partially or early. TUDA 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 with respect to the following circumstances are inadmissible. In no event may such circumstances lead to TUDA having any obligation to compensate the Visitor for damage:
complaints with respect to the inability to see any rooms in TUDA’s collection;
complaints with respect to 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 behaviour, 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 TUDA 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 TUDA 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 in the event that 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 TUDA
 
Article 9.1The visitor presence in the Venue is at his own risk and expense.
 
Article 9.2 TUDA 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 TUDA and/or its officials and/or staff, on the understanding that the only damage that qualifies for compensation is damage for which TUDA is insured or should have been insured in accordance with the standards or reasonableness and fairness and for the maximum amount insured. TUDA can never be held liable for indirect losses or damage.TUDA’s liability is excluded in cases such as:
a.      damage as a result of acts performed by third parties, including persons whom TUDA has engaged and lessees of the building (or rooms in the building) and third parties whom such lessees has engaged;
b.      damage as a result of a failure to comply with instructions given by TUDA’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 TUDA be liable for any damage that the Visitor sustains as a result of a situation involving force majeure on the part of TUDA. Force majeure is taken to mean any circumstance over which TUDA 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 TUDA’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 and all 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 TUDA 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 behaviour 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 individual joint responsibility and joint liability, for the behaviour 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 behaviour 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 TUDA will make every effort to trace the owner of or person entitled to the found object and will maintain regular contact with the local police for that purpose. Any found objects that have not been claimed after they have been in TUDA’s custody for six months will be turned over to the local police. In the event that the owner of or person entitled to a found object wishes to claim the object, 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 TUDA are governed by Dutch law.
Article 12.2 Any and all disputes that ensue from the agreement between the Visitor and TUDA will be submitted exclusively to the competent court in Amsterdam.
 
13 FINAL PROVISION
 
Article 13.1 In the event that 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 in accordance with the old provision to every extent possible in terms of its content, scope and/or purpose.
 
Management of TUDA
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