VISITOR TERMS AND CONDITIONS FOR THE NOORDBRABANTS MUSEUM
These visitor terms and conditions set by Het Noordbrabants Museum (‘museum’) apply in Het Noordbrabants Museum. The text of these terms and conditions can be viewed on the website of Het Noordbrabants Museum and is available at the museum’s ticket desk. By purchasing an admission ticket to the museum, the visitor agrees to these visitor terms and conditions and also declares to have seen a copy of the visitor terms and conditions and to have properly taken note of them.
1. GENERAL PROVISIONS
1.1. “The museum” and “Het Noordbrabants Museum” mean the organisation that manages and operates the museum complex, including, but not limited to, the management board, curators, security officers, and other museum staff who are authorised to act on behalf of this organisation.
1.2. ‘The museum complex’ means the entirety of spaces (constructed and unconstructed) that fall under the legal capacity or management authority of the management board of Het Noordbrabants Museum, including, but not limited to, exhibition halls, public spaces and meeting rooms, restaurants, canteens, terraces, gardens, other outdoor spaces, depots and annexes.
1.3. ‘Visitor’ is understood to mean anyone who accesses the museum complex in any way and/or who visits an exhibition and/or attends an activity whether organised by Het Noordbrabants Museum or not.
1.4. These general visitor terms and conditions apply to every agreement between Het Noordbrabants Museum and a visitor and/or anyone who accesses the museum complex in any way. The conditions also apply to special activities outside regular opening hours and/or aimed at visitors other than regular visitors, such as in the case of room rental, catering and such like.
1.5. These conditions apply to all visitors to Het Noordbrabants Museum and the museum complex.
1.6. Variations from these terms and conditions are valid only if expressly agreed in writing.
2. ACCESS TO THE MUSEUM
2.1. All quotes, announcements or other information provided by Het Noordbrabants Museum are not free of obligation. Het Noordbrabants Museum accepts liability for any errors made by the museum in quotes, announcements or other information provided to visitors, unless it is obvious that it concerns an error. This liability only applies to the museum’s own information material that is present at the museum at the time of the claim, or that has recently been distributed by or on behalf of Het Noordbrabants Museum. Het Noordbrabants Museum is not liable for errors that are due to intent, fault or negligence of third parties.
2.2. Visitors are at all times obliged, upon request, to show the admission ticket to recognisable museum officials, including security officers, and other staff of the museum.
2.3. Potential visitors are not entitled to a refund of the admission price or any other compensation in the event of loss or theft of the admission ticket before entering the museum complex. If a potential visitor does not use a ticket purchased in advance, this is at the visitor’s own expense and risk; this is also the case if the admission ticket is only valid for a specific time and/or date. Once obtained and/or purchased, an admission ticket cannot be exchanged for an admission ticket for a different time or date. The entrance fee can also not be refunded. These conditions also apply to tickets purchased through the museum’s online ticket shop.
2.4. A potential visitor can be denied access to the museum complex if it appears that the admission ticket, the discount card or the voucher was not obtained from Het Noordbrabants Museum or a body authorised for this purpose by Het Noordbrabants Museum.
2.5. Het Noordbrabants Museum is entitled to change the opening hours published on its website, whether or not due to occasional exercises in the context of company emergency services or, in the event of an actual contingency, due to a necessary complete or partial evacuation of the museum complex or due to another reason. The opening hours are determined entirely at the discretion of Het Noordbrabants Museum. Changes to the opening hours do not entitle the visitor to a refund of any paid admission fee.
2.6. The museum sets the opening hours and publishes them on its website.
2.7. Discount promotions and/or promotional prices cannot be combined under any circumstances. A maximum of one discount promotion and/or promotional price can be applied to an item offered by the museum.
2.8. Access to the museum complex during the exhibitions Van Gogh’s Inner Circle by Het Noordbrabants Museum and/or Design of the Third Reich by the Den Bosch Design Museum is only possible with purchased tickets.
3. WHEN AT THE MUSEUM COMPLEX
3.1. When at the museum complex, visitors must behave in accordance with public order, public morality and prevailing standards of decency that apply to the kind of activity visited. Visitors are also obliged to immediately follow the instructions and indications given by officials of Het Noordbrabants Museum who are recognisable as such, including but not limited to security officers. If in the reasonable opinion of a duly authorised official of Het Noordbrabants Museum, who must be recognisable as such, a visitor acts in any way in violation of these standards, instructions or indications, the visitor may be denied further access to the museum complex, without the visitor having any right to reimbursement of the costs of the admission ticket or any other costs incurred.
3.2. Parents or supervisors of minors are at all times responsible for the behaviour of children they are accompanying. Children under the age of 12 may only enter the museum complex if supervised by an adult. Teachers and other group supervisors are responsible for and accountable for the behaviour of group members they are accompanying.
3.3. Het Noordbrabants Museum is not accessible to skaters, mobility scooters, skateboard riders and hoverboard riders, including other similar vehicles. The museum has a limited number of wheelchairs, stools and walking sticks for disabled persons. These can be reserved in advance.
3.4. In the context of safety, Het Noordbrabants Museum carries out an access control of visitors and their bags. In this context, visitors may be requested to cooperate with bag checks and suchlike by an official of Het Noordbrabants Museum who is recognisable as such, including but not limited to security officers. Visitors who refuse to cooperate with this may be denied access to the museum complex. Visitors must be identifiable. Visitors whose faces are not visible and who refuse to show their face during the access control are denied access to the museum complex.
If the museum deems this necessary, specially schooled and trained staff can request visitors to cooperate with a security search when entering or leaving the museum complex.
3.5. In the museum complex, visitors will:
a) not offer goods of any kind to third parties for sale, or provide them free of charge. It is expressly prohibited for visitors to provide guided tours. Guided tours of Het Noordbrabants Museum are exclusively given by guides on behalf of the museum;
b) not block the path or obstruct the view of exhibited items for other visitors intentionally and for long periods of time;
c) not bother other visitors, including, but not limited to, by using mobile phones or other sources of noise pollution; however, the use of such equipment may be explicitly permitted by Het Noordbrabants Museum in certain areas;
d) not bring pets or animals with them. Guide dogs and official assistance dogs, recognisable as such and accompanying a visitor with an identification pass, are allowed;
e) not smoke. Smoking is prohibited in the entire museum complex, with the exception of the Palace Garden;
f) not consume any self-brought food and/or drinks in the complex or gardens. Self-brought food and/or drinks may only be consumed on the forecourt (outside), or if explicit permission has been given by Het Noordbrabants Museum;
g) not carry or consume food and/or drinks in the exhibition spaces. Food and/or drinks purchased in the museum complex may only be consumed in areas designated for this purpose and indicated by means of pictograms or text, or if explicit permission has been given by Het Noordbrabants Museum;
h) not bring any of the following objects into the museum complex; objects that are dangerous in the opinion of the museum, all objects larger than A4 size, such as skates and skateboards or hoverboards, Nordic walking sticks, non-medical walking sticks, selfiesticks, balloons, baby carriers, rucksacks, and umbrellas.
Items larger than A4 size and umbrellas must be stored in the cloakroom. Walking sticks that have rubber protection underneath can be taken into the museum complex. Het Noordbrabants Museum is in no way responsible and/or liable for damage to or loss of goods left by visitors in the cloakroom. Prohibited items, such as those mentioned above, found during the access control will be confiscated. If the visitor does not wish to hand over the goods liable to be confiscated, access to the museum complex will be denied. Items that fall under a statutory ban will be handed over to the police.
i) not touch exhibited items and exhibition materials such as showcases, lighting, partitions and such like, unless this is expressly and explicitly permitted. Parents or supervisors of children must rigorously ensure that the children they are accompanying do not touch exhibited objects. Small children must be taken by the hand or be in a pushchair; similarly, teachers and group supervisors will ensure that the group members they are accompanying do not touch the exhibited items;
j) not draw or paint in the museum complex without prior permission. However, drawing or painting may be explicitly permitted in certain rooms by Het Noordbrabants Museum;
3.6. There is camera surveillance in the museum complex. Camera images are kept in accordance with statutory provisions (Personal Data Protection Act, GDPR and other relevant legislation) and are made available to the police if necessary and to the extent permitted by law.
3.7. In the event of a contingency, for example the sudden disappearance of an artefact, a terrorist attack or violence of a different kind, Het Noordbrabants Museum is entitled to shut its doors and then take any visitors present outside. Visitors can then be requested to cooperate with searches by or on behalf of a recognisable official of Het Noordbrabants Museum, including security officers, but not limited thereto.
3.8. Visitors are prohibited from taking photos, video and film recordings using lamps, flash equipment and tripods other than with the prior written permission of the management board of Het Noordbrabants Museum. The museum reserves the right to designate items of which no visual material may be made at all. These items will be recognisable as such. Furthermore, other than with the prior written permission of the management board of Het Noordbrabants Museum, it is prohibited to make these photo, video and film recordings public or to reproduce them for a commercial purpose. Het Noordbrabants Museum is authorised to attach conditions to its permission. One photo or recording for private purposes and for publication on your own social media channel is permitted.
3.9. Het Noordbrabants Museum makes photos and film recordings in the museum complex for publicity purposes. By entering the museum complex, the visitor gives his/her explicit permission for the publication of such material on the website, in brochures, or publication in another way. If a visitor objects to being recognisable in the image, he/she can inform the museum of this. The museum will then endeavour to avoid a publication where he/she is recognisable in the image.
3.10. The museum may refuse access to the museum complex to certain visitors for a certain period or indefinitely who, during one or more previous visits to a Dutch museum complex, have intentionally damaged an item, or where otherwise the fear of damage is justified, have disturbed public order or have behaved in a disorderly manner; the museum can in any case subject this visitor to the measure as mentioned in article 3.4 of these visitor terms and conditions during all his visits. The visitor is informed of the decision to deny access immediately and with reasons, in writing if possible.
4.1. Het Noordbrabants Museum will do everything possible to make the visit to the museum complex or the exhibitions and activities organised by Het Noordbrabants Museum the same as the published offer; this also includes the obligation to inform the public as well as possible about full, partial or early closure of the museum complex and/or exhibitions organised by Het Noordbrabants Museum. Het Noordbrabants Museum also informs the potential public about hindrances caused by maintenance work, refurbishment or designing or redesigning of spaces. Visitors can never derive a right to compensation from this.
4.2. It is not possible to refund the price of the admission ticket with regard to the following complaints and circumstances that cannot be avoided by Het Noordbrabants Museum, which therefore never lead to any obligation for the museum to pay compensation to the visitor:
a) complaints relating to the items in the permanent collection of Het Noordbrabants Museum not being visible;
b) complaints relating to the museum complex being partially closed, including, but not limited to, partial closure as a result of the construction or dismantling of exhibitions;
c) complaints and circumstances relating to nuisance or inconvenience caused by other visitors, including but not limited to, noise nuisance, inappropriate behaviour, theft and wilful damage;
d) complaints and circumstances that relate to nuisance or inconvenience caused by maintenance work, including, but not limited to, refurbishment or designing and redesigning of spaces;
e) complaints and circumstances that relate to nuisance or inconvenience caused by facilities in the museum complex not working properly.
4.3. Complaints about and requests to complain from a visitor must reach Het Noordbrabants Museum in writing within two weeks after the visit. Complaints and requests to complain submitted after this period will not be processed. After the expiry of this period, any rights are forfeited. A complaint form is available at the museum ticket desk.
4.4. Het Noordbrabants Museum investigates the complaint and answers in writing within 15 days of receipt. If the investigation has not yet been completed, the complainant will be informed of this, as well as the probable time at which that will be the case.
4.5. Visitors can submit complaints and suggestions for improvement in writing by filling in a form that can be obtained at the museum’s ticket desk or sending an e-mail.
5. LIABILITY OF THE MUSEUM
5.1. Het Noordbrabants Museum is never liable for damage caused as a result of quotes, announcements or other forms of information provided to visitors by Het Noordbrabants Museum and/or third parties, except if and insofar as this damage is the direct result of intent or gross negligence on the part of Het Noordbrabants Museum and/or its employees, with the exception of the cases referred to in 2.1.
5.2. The visitor’s visit to the museum complex is at his own expense and risk. Het Noordbrabants Museum is only liable for property damage and/or consequential damage suffered by the visitor, or damage caused to the visitor, which is directly and exclusively the result of intent or gross negligence on the part of the museum, on the understanding that only that damage for which the museum is insured is eligible for compensation.
5.3. Under no circumstances is Het Noordbrabants Museum obliged to pay compensation in excess of: a) the amount that the visitor has paid for the admission ticket and/or b) the amount paid out by the insurer of Het Noordbrabants Museum to Het Noordbrabants Museum in respect of that individual claim; or c) the compensation paid to Het Noordbrabants Museum for damage caused by a third party in respect of that individual claim.
5.4. Het Noordbrabants Museum is never liable for damage caused to a visitor’s vehicles.
5.5. Het Noordbrabants Museum is never liable for any direct or indirect damage whatsoever, arising as a direct or indirect consequence of any defect, condition or circumstance to, in or on any property of which Het Noordbrabants Museum is the holder, leaseholder, lessee, tenant or owner or that is otherwise available to Het Noordbrabants Museum, except if and insofar as the damage is the direct result of intent or gross negligence of Het Noordbrabants Museum and/or one of its employees.
5.6. If Het Noordbrabants Museum receives goods or if goods are deposited, stored and/or left behind by anyone in any way whatsoever without Het Noordbrabants Museum stipulating any payment for this, then Het Noordbrabants Museum is never liable for damage to or in connection with goods in any way whatsoever that arises unless Het Noordbrabants Museum has intentionally caused damage, or the damage is the result of gross negligence on the part of Het Noordbrabants Museum.
5.7. The total liability of Het Noordbrabants Museum for attributable failure to comply with the visitor agreement is limited to compensation for direct damage and will in no case amount to more than the compensation scheme described under 5.3.
5.8. In the event of damage due to death or personal injury, the total liability of Het Noordbrabants Museum will in no case amount to more than the compensation scheme described under 5.3.
5.9. Liability of Het Noordbrabants Museum for indirect damage, including consequential damage, lost profit or wages, lost savings, etc. is excluded.
5.10. The maximum amounts referred to in article 5.3 will lapse if and insofar as the damage is the result of intent or gross negligence on the part of Het Noordbrabants Museum or one of its officials.
6. FORCE MAJEURE
6.1. Force majeure for Het Noordbrabants Museum, which means that any failings caused by it cannot be attributed to Het Noordbrabants Museum, will apply to any unforeseen circumstance, which hinders the performance of the agreement by Het Noordbrabants Museum such that it becomes impossible or onerous to perform the agreement temporarily or permanently.
6.2. Such circumstances also include circumstances of persons and/or services and/or institutions that Het Noordbrabants Museum wishes to use in the performance of the agreement, as well as everything that applies for the aforementioned as force majeure or suspensive or resolutive condition, as well as attributable failure by the aforementioned.
7. LOST AND FOUND
7.1. Items found by visitors at the museum complex can be handed in at the museum’s ticket desk.
7.2. Het Noordbrabants Museum will do its utmost to find out who the owner of or entitled person to the found item is. Lost and found items of which the owner has not requested their return after they have been kept for six months by Het Noordbrabants Museum will not be kept any longer.
7.3. In the event that the owner of or entitled person to a found item contacts the museum, he has the choice of collecting the goods himself or having them sent cash on delivery at the expense of the owner or entitled party. In both cases, the owner or entitled party must identify himself properly.
8. OTHER CONDITIONS
8.1. The applicability of these visitor terms and conditions does not affect the possible application of contractual or other conditions and/or schemes of Het Noordbrabants Museum.
9. APPLICABLE LAW
9.1. Dutch law applies to these visitor terms and conditions of Het Noordbrabants Museum.
9.2. All disputes arising from the agreement between the visitor and Het Noordbrabants Museum will only be submitted to the competent court in ‘s-Hertogenbosch. The director/executive director established these visitor terms and conditions of Het Noordbrabants Museum on 7 September.
De Stichting Noordbrabants Museum
Charles C.M. de Mooij