General provisions: definitions
1.1 ‘The museum’ means the Huis Marseille Museum for Photography Foundation, including but not limited to the management, curators, attendants and other museum officers who are authorised to act on behalf of this organisation.
1.2 ‘The museum complex’ means all the rooms (built on and not built on) that fall under the legal or management authority of the museum management, including, but not limited to, exhibition rooms, museum shop, library, coffee room, terrace, garden, garden, garden shed, other outdoor area, depot and all other rooms in the building complex.
1.3 ‘Visitor’ means any natural or legal person who, directly or indirectly, enters into an agreement with the museum in any way with the aim of entering the museum complex and/or visiting an exhibition or attending an activity there.
1.4 These General Terms and Conditions for Visitors apply to every agreement between the museum and a visitor.
2. Sale of admission tickets, offers and prices
2.1 The museum accepts liability for any errors made by the museum itself in quotations, announcements or other information provided to the visitor. This liability only applies to the museum’s own information material that is present within the museum at the time of the claim, or has recently been distributed by or on behalf of the museum. The museum is not liable for errors that can be attributed to intent, fault or negligence on the part of third parties.
2.2 The visitor is obliged at all times to show the admission ticket and any ticket or voucher entitling him/her to a discount on the admission price to officials who are recognisable as such, including, but not limited to, attendants.
2.3 Once an admission ticket has been obtained, it cannot be exchanged. The admission price will not be refunded either. The admission price paid may, however, be refunded if circumstances beyond the control of the purchaser make the museum visit impossible, however, this is at the discretion of the management.
2.4 The potential visitor may be denied admission to the museum complex if it appears that the admission ticket, discount card or voucher has not been obtained from the museum or an authority authorised by the museum.
2.5 The museum is entitled to adjust the regular opening hours to special circumstances or, in the event of an emergency, to full or partial evacuation of the museum complex that the museum deems necessary.
3. Stay in the museum complex
3.1 During their stay in the museum complex, visitors must behave in accordance with public order, decency and the rules of decency applicable to the nature of the activity visited. The visitor is also obliged to immediately follow the instructions and instructions given by museum officials, including, but not limited to, hosts and hostesses. If, in the reasonable opinion of an authorised officer of the museum, who must be recognisable as such, the visitor acts in any way in violation of these standards, instructions or instructions, the visitor may be denied further access to the museum complex, without the visitor being entitled to any reimbursement of the costs of the admission ticket or any other costs incurred.
3.2 Parents/caretakers of children or supervisors of minors are at all times responsible for and accountable for the behaviour of the children they have brought along. Teachers and supervisors of groups are responsible for and accountable for the behaviour of the group members they supervise. The parents/caretakers or supervisors of individual or groups of minors must take particular care to ensure that objects on display are not touched by the minor they are accompanying.
3.3 Visitors are prohibited from offering goods for sale or providing goods free of charge to third parties in the museum complex or during participation in an activity:
- to offer goods of whatever nature for sale to third parties or to provide them free of charge;
- intentionally and for a long period of time obstructing the road or obstructing the view of exhibited objects;
- hindering other visitors, including but not limited to the use of mobile phones, iPods or other sources of noise; however, the use of such equipment may be explicitly permitted by the museum in certain rooms;
- (domestic) animals, unless they are explicitly permitted in certain rooms or when it concerns (blind) guide dogs and they accompany a visitor with an identification card;
- Smoking in all enclosed areas, except in the garden;
- take food, drinks or other refreshments with him into the confined spaces of the museum complex;
- carrying or keeping with them dangerous objects, including, but not limited to, firearms, chemicals, fireworks, firearms, etc., the owners/carriers of which will be denied (further) access to the museum complex/activity;
- to take goods into the museum complex that, in the opinion of a member of the museum’s staff, may pose a risk of damage to exhibited objects, showcases and/or visitors such as, but not limited to, walking sticks, umbrellas or large bags; these may be delivered to a place to be designated by the museum or by a member of the museum’s staff;
- touching exhibited objects and exhibition material such as showcases, lighting, partitions and the like, unless this is explicitly and explicitly permitted;
- Exceeding physical and visual separation;
- running and screaming or displaying other deviant behaviour in the museum rooms.
3.4 In special cases in which the general safety of persons or the collection reasonably requires this, a manager of the museum, who can identify himself as such, may request inspection of the (hand) luggage carried by the visitor.
3.5 Except with the prior written permission of the museum’s management, the visitor is prohibited from taking photographs, videos or films using lamps, flash equipment and stands. Furthermore, it is prohibited, other than with the prior written permission of the management of the museum, to publish or reproduce these photographs, video and film recordings in any way and by any medium whatsoever, including electronic media.
3.6 The museum may deny admission to the museum complex for good or for a specified period to a visitor who has deliberately damaged an object during one or more previous visits to a Dutch museum complex, or otherwise justifies the fear of damage; the museum may in any event subject this visitor to the measures referred to in Article 3.4 of these Terms and Conditions for Visitors during all his visits. The decision to refuse admission must be notified to the visitor immediately and with reasons, if possible in writing.
4. Complaints and complaints
4.1 The museum shall do everything possible to ensure that visits to the museum complex or the exhibitions and activities organised by the museum take place in accordance with the published offer; this includes the obligation to inform the public as well as possible about the total, partial or early closure of the museum complex and/or exhibitions organised by the museum. This can be done via the museum’s website. Furthermore, the museum informs the potential public about maintenance work, renovations or the (re)design of rooms that causes nuisance. The visitor can never derive a right to compensation from this.
4.2 Complaints and circumstances which cannot be avoided by the museum and which are not related to the following shall not give rise to any obligation on the part of the museum to compensate the visitor:
- complaints relating to the nonvisibility of objects from the museum’s permanent collection;
- complaints relating to the partial closure of the museum complex, including, but not limited to, partial closure as a result of the construction or dismantling of exhibitions;
- complaints and circumstances relating to nuisance or inconvenience caused by other visitors, including but not limited to noise nuisance, inappropriate behaviour, theft and molestation;
- complaints and circumstances relating to nuisance or inconvenience caused by maintenance work, including, but not limited to, a renovation or the (re)design of rooms;
- complaints and circumstances relating to nuisance or inconvenience caused by the improper functioning of facilities in the museum complex.
4.3 Complaints about and requests for recovery concerning the agreement between the museum and the visitor must reach the management of the museum in writing within six weeks of the visit having taken place. Complaints and requests for complaints submitted after this period will not be dealt with.
4.4 The museum shall investigate the complaint and answer it in writing within 30 days of receipt. If the investigation has not yet been completed, the complainant will be informed of this and of the probable time at which it will be completed.
5. Liability of the museum
5.1 The museum shall never be liable for damage arising as a result of quotations, announcements or other forms of information provided to visitors by museum employees and/or the museum’s website and/or third parties, except if and insofar as this damage is the direct result of intent or gross negligence on the part of the museum.
5.2 The visitor’s stay in the museum complex or participation in an activity is at the visitor’s own expense and risk.
5.3 The museum is only liable for material and/or consequential damage suffered by the visitor or injury inflicted on the visitor that is the direct and exclusive result of intent or gross negligence on the part of the museum, on the understanding that only damage for which the museum is insured or should have been insured in all reasonableness and fairness is eligible for compensation. The museum’s liability is excluded for, among other things:
- damage as a result of the actions of third parties, including persons and companies engaged by the museum;
- damage resulting from failure to follow instructions given by the museum’s officials, the rules of these general terms and conditions for visitors and from failure to comply with the generally applicable rules of decency and care which the visitor must observe in society;
- (consequential) damage in any way caused by other visitors.
5.4 Under no circumstances shall the museum be obliged to pay a higher amount in compensation than that which is actually paid:
- the admission price actually paid or, if higher;
- the amount paid out by the insurer to the museum in respect of the loss, or;
- the compensation obtained from another third party in respect of the loss.
5.5 The museum shall never be liable for damage caused to the visitor’s vehicles, except if and insofar as the damage has occurred at or within the museum complex and this damage is the direct result of intent or gross negligence on the part of the museum.
5.6 The museum shall never be liable for any (in)direct damage whatsoever, caused as a (in)direct consequence of any defect, any quality or circumstance to, in or on any immovable property of which the museum is the holder, leaseholder, tenant, tenant or owner or which is otherwise at the museum’s disposal, except if and insofar as the damage is the direct result of intent or gross negligence on the part of the museum.
5.7 If the museum takes receipt of goods or if goods are deposited, stored and/or left behind by anyone in any way whatsoever without the museum stipulating any compensation, the museum shall never be liable for damage to or in connection with goods in any way whatsoever.
5.8 The museum’s total liability for attributable failure to perform the visiting agreement shall be limited to compensation for direct damage and shall under no circumstances exceed the compensation scheme described under 5.4.
5.9 In the event of damage due to death or physical injury, the total liability of the museum shall in no event exceed the compensation scheme described under 5.4.
5.10 The museum’s liability for indirect damage, including consequential damage, loss of profit or wages, missed savings, etc., is excluded.
5.11 The maximum amounts referred to in Article 5.4 shall lapse if and insofar as the damage is the result of intent or gross negligence on the part of the museum.
6. Force majeure
6.1 Force majeure for the museum, which means that any shortcoming caused by this cannot be attributed to the museum, shall be any foreseeable or unforeseeable circumstance which makes the execution of the agreement by the museum so difficult that, temporarily or permanently, the execution of the agreement becomes impossible or difficult.
6.2 Such circumstances shall also include circumstances involving persons and/or services and/or institutions that the museum makes use of in the performance of the visiting agreement, as well as everything that applies to the aforesaid as force majeure or as a suspensive or resolutive condition, as well as attributable shortcomings on the part of the aforesaid.
7. Lost and found
7.1 Objects found by visitors in the museum complex can be handed in at the museum reception.
7.2 The museum shall make every effort to trace the owner or owner of the found object.
7.3 If the owner or owner of a found object reports, he shall have the choice of collecting the goods himself or having them sent to him cash on delivery. In both cases, the owner or entitled party must identify himself properly.
8. Other conditions and applicable law
8.1 The applicability of these Terms and Conditions for Visitors does not affect the applicability of any other (contractual) conditions and/or regulations of the museum.
8.2 These Terms and Conditions for Visitors and the agreement between the visitor and the museum are governed by Dutch law.
8.3 All disputes arising from the agreement between the visitor and the museum shall be submitted exclusively to the competent court in Amsterdam.