1. Definitions
2. Applicability of the General Terms and Conditions
3. Formation of an Agreement
4. Prices and payment
5. Delivery periods
6. Cancelled or reschudeld Performances
7. Tickets
8. Privacy
9. Liability
10. Force majeure
11. Applicable law and competent court
12. Miscellaneous

Download the General Terms & Conditions Stichting Grachtenfestival.

1. Definitions
In these General Terms and Conditions, the following terms have the meanings given: 
a. General Terms and Conditions: these general terms and conditions of Stichting Grachtenfestival, referred to as Grachtenfestival in these General Terms and Conditions;
b. Performance: concerts or other events organized by Grachtenfestival to which the Grachtenfestival also sells tickets;
c. Customer: the natural person with whom or legal entity with which Grachtenfestival enters into agreement concerning an Performance or to whom or which Grachtenfestival makes an offer for the purpose of doing so;
d.Agreement: the agreement between Grachtenfestival and the Customer for the acquisition of Tickets for Performances;
e.Ticket: the document that serves as an admission ticket for an Performance, including an electronic Ticket;
f. Grachtenfestival: Stichting Grachtenfestival, with its registered office in Amsterdam, the Netherlands.

2. Applicability of the General Terms and Conditions
a. These General Terms and Conditions apply to all offers, orders, legal relationships and Agreements pursuant to which Grachtenfestival provides products or services of any nature whatsoever to the Customer, also if these products or services are not described or not further described in these General Terms and Conditions.
b. Grachtenfestival expressly rejects other conditions of the Customer.
c.  The parties may only agree to changes in relation to the General Terms and Conditions in writing. Grachtenfestival is entitled to change the General Terms and Conditions and declare changed general terms and conditions applicable to Agreements. Changed general terms and conditions shall be published on Grachtenfestival’s website for consultation.
d. The general terms and conditions apply to all Agreements. If the Customer does not yet have a copy of the general terms and conditions, the Grachtenfestival shall send one on request to the Customer.

3. Formation of an Agreement
a. Unless otherwise agreed in writing, all offers, including in this regard all advertisements and price lists published on Grachtenfestival’s website, are without obligation.
b.  Before confirming the reservation/purchase, a Customer should always check if the correct Tickets have been selected. When reserving, a Customer must always use a correct address or a correct e mail address. If the Customer opts to receive Tickets by electronic means, the risk of loss, theft or misuse of a Ticket shall pass to the Customer as soon as the Tickets have reached him, her or it. If there is doubt regarding the accuracy of the details provided by the Customer when ordering, Grachtenfestival may contact the Customer using the details provided by the Customer. If Grachtenfestival is unable to contact the Customer and is therefore unable to check the details, Grachtenfestival shall be authorised to cancel the reservation and sell the Tickets to another Customer. If Grachtenfestival doubts the accuracy or validity of the details provided by the Customer when ordering or the payment instrument used by the Customer, it shall be authorised to cancel the Customer’s reservation and sell the Tickets to another Customer. In such cases, Grachtenfestival shall undertake efforts to inform the Customer concerned. Each Agreement is entered into under the suspensive condition of sufficient availability of the products or services concerned.
c. Grachtenfestival reserves the right to set a limit to the number of Tickets that a Customer can reserve/purchase. The limitation on how many tickets a Customer can buy depends on the Performance he is buying tickets for. The limit is published on the purchase page and is checked at every transaction. We do so to prevent misuse of our website. Use of automated means to purchase tickets is strictly prohibited.
f. Tickets cannot be returned. Article 6:230p sub e of the Dutch Civil Code is applicable.

4. Prices and payment
a.  Grachtenfestival sells Tickets and determines the price and number of available places. Information concerning price and availability is provided without obligation and under reservation.
b. The Customer must pay the price specified in the Agreement for products or services ordered by means of the website. Payment must be made in the manner specified on Grachtenfestival’s website. Further conditions, including those pertaining to ordering and paying, may be set with respect to orders.
c.  All prices specified on the Grachtenfestival website are in euros and exclusive of VAT unless expressly stated otherwise.
d. Grachtenfestival charges service and administration costs for every order. These are € 2 per ticket and are included in the price shown on the Performance website page.
e. If the Customer fails to pay amounts owed in time, the Customer shall owe statutory interest on the outstanding amounts without a demand for payment or notice of default being required. If the Customer fails to pay an amount owed following a demand of payment or notice of default, Grachtenfestival may engage a third party for the purpose of collection, in which case, in addition to the total amount owed, the Customer shall also owe all judicial and extrajudicial costs incurred, including, in addition to the costs ascertained at law, costs calculated by external experts.

5. Delivery periods
a. Tickets are sent to the e-mail address specified by the Customer when placing the order. Grachtenfestival shall continue to deem the e-mail address specified by the Customer to be correct until the Customer has informed Grachtenfestival of a new address or e-mail address.
b. Final deadlines shall never apply to delivery periods specified by Grachtenfestival unless expressly agreed otherwise. In the event of a late delivery, Grachtenfestival must be given notice of default in writing.
c. The exceeding of any delivery period shall not entitle the Customer to compensation. If a delivery period is exceeded, the Customer shall also not have the right to cancel the order or terminate the Agreement unless the delivery period in question is exceeded to such an extent that the Customer cannot reasonably be expected to uphold the Agreement.

6. Cancelled or reschudeld Performances
a. It is the Customer’s responsibility to check whether an Performance has been cancelled or rescheduled and to ascertain the new time or location. Although Grachtenfestival shall undertake efforts to inform the Customer of a cancellation, Grachtenfestival cannot guarantee that the Customer shall be informed of the cancellation prior to the date of the Performance. Grachtenfestival shall not be responsible for any costs incurred in this regard.
b. If an Performance is cancelled or rescheduled, the Customer may hand in the tickets for the Performance concerned in accordance with the regulations concerned determined by the Grachtenfestival. The Customer will be informed by e-mail, sent to the address known to Grachtenfestival. Service charges and administrative costs (€2 per ticket) shall not be refunded.

7. Tickets
a. The Customer may not resell Tickets if prohibited by law.
b. Following receipt, the Customer must check the Tickets, since errors cannot always be corrected. Tickets may not be exchanged or refunded after they have been purchased.
c. If the Ticket owned by the Customer is damaged in such a way that it can no longer be checked for authenticity, the Customer can download a new copy from his own account page at www.grachtenfestival.nl or contact kassa@grachtenfestival.nl.
d. Special requirements, such as reserving places for wheelchair users, must be clearly communicated in good time. Grachtenfestival cannot give any guarantee whatsoever that special requirements can be met. For more information in this regard, the Customer can contact Grachtenfestival via email (kassa@grachtenfestival.nl) or by calling +31 20 421 45 42.
e. The Customer may not forge or make copies of Tickets, or reproduce them in any way whatsoever.

8. Privacy
a. The Customer is deemed to have taken note of Grachtenfestival’s privacy statement, which can be consulted on Grachtenfestival’s website, and to agree to the way in which personal data provided by the Customer is processed as described in the aforesaid statement.

9. Liability
a. With the exception of the other provisions pertaining to liability in these General Terms and Conditions, Grachtenfestival’s total liability by reason of an attributable failure to perform or due to a wrongful act shall be limited to compensation for direct damage up to a maximum of the amount that has been or could be charged to the Customer by virtue of the Agreement concerned, unless the damage was caused by wilful misconduct and/or gross negligence on the part of Grachtenfestival or its subordinates.
b. In all cases, Grachtenfestival shall only be liable by reason of an attributable failure to perform a Agreement if the Customer has promptly and properly given Grachtenfestival notice of default in writing and set a reasonable term for the breach to be remedied and an attributable failure on the part of Grachtenfestival to meet its obligations continues to apply after the term referred to has ended. The notice of default must contain a description of the failure that is as complete and detailed as possible to enable Grachtenfestival to respond adequately.
c. The Customer indemnifies Grachtenfestival against all claims of third parties pertaining to a failure on the part of the Customer to meet any obligation towards Grachtenfestival, whether or not it arises from the General Terms and Conditions, or a failure to meet such an obligation to a sufficient degree.
d. Any right to compensation shall always be conditional on the Customer reporting the damage to Grachtenfestival in writing as soon as possible following its occurrence.
e. Grachtenfestival may never be held liable for any form of damage to or loss of a Ticket whatsoever. In the event of loss or theft, the Customer may not claim a replacement Ticket or the refund of any amount paid. Grachtenfestival shall likewise not be liable for the delayed or incorrect delivery of Tickets if the delay or incorrect delivery cannot be attributed to Grachtenfestival.
f. Grachtenfestival does not in any way whatsoever accept liability for Tickets acquired by the Customer from third parties. In addition, Grachtenfestival cannot guarantee the authenticity of such Tickets.
g. Grachtenfestival may not in any way whatsoever be held liable for any damage suffered by the holder of a Ticket as a result of acts or omissions on the part of third parties.

10. Force majeure
a. Force majeure is taken to mean any failure of performance that cannot be attributed to Grachtenfestival because it is blameless in the matter and cannot be blamed in terms of the law, a legal act or generally accepted standards.
b. Without prejudice to its other rights, Grachtenfestival has the right in the case of force majeure, at its own discretion, to suspend performance of the Customer’s order or to terminate the Agreement, without judicial intervention being required, by informing the Customer of such action in writing and without Grachtenfestival being obliged to pay any compensation unless such action is unacceptable according to principles of reasonableness and fairness in the given circumstances.

11. Applicable law and competent court
a. All Agreements with Grachtenfestival shall be governed by Dutch law.
b. All disputes that arise from a Agreement or the General Terms and Conditions that apply to it shall be submitted to the competent court in Amsterdam.

12. Miscellaneous
a. The following items may not be brought to the indoor location of an Performance, including but not limited to private gardens, balconies, terraces or any other property beloning to a private party: photo, filming or other recording equipment, beverages, drugs, glassware, plastic bottles, cans, fireworks, weapons or any other dangerous objects. Any such equipment or objects shall be confiscated.
b. The following items may not be brought to the outdoor location of an Performance: alcoholic beverages, drugs, glassware, plastic bottles, cans, fireworks, weapons or any other dangerous objects. Any such equipment or objects shall be confiscated.
c. It is possible that Customers will be searched prior to an Performance. Those who do not wish to be searched may be denied admission without the right to a refund of any amount paid.
d. Customers who arrive late at the Performance will not be admitted to the Performance. No refund will be made.
e. Where Grachtenfestival undertakes to issue notices in writing in these General Terms and Conditions, Grachtenfestival is entitled to issue these notices by electronic means, such as but not limited to issuing notices by e-mail;
f. Manifest errors and writing errors on Grachtenfestival’s website or in offers, order confirmations, Tickets and/or other documents shall not bind Grachtenfestival in any way whatsoever.
g. In the event of a difference of opinion between Grachtenfestival and the Customer about the translation and/or interpretation of the General Terms and Conditions, the Dutch version shall be decisive.
h. If one or more provisions of these General Terms and Conditions or of any Agreement with Grachtenfestival proves or prove to be in conflict with any applicable legal regulation, the provision concerned shall cease to apply and shall be replaced by a new, similar provision determined by Grachtenfestival and permitted by law.

Amsterdam, 14 May 2018