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Visitor terms & conditions

Rules of the House and Visitor Terms & Conditions Nxt Museum

Introduction

Within the limits of reasonableness, Nxt Museum will do everything possible to make the visit to the museum premises and the exhibitions and activities organised by Nxt Museum in accordance with the wishes of the visitor. Nxt Museum will make every effort to minimise any nuisance or inconvenience to the visitor, as well as to guarantee the visitor’s safety as much as possible.

General

These general Terms and Conditions shall apply to all agreements between visitors, either as a paying visitor or as a guest, to Nxt Museum. Stipulations deviating from these visitor terms and conditions are effective only if they have been expressly agreed in writing.

1.Definitions and general terms

Article 1.1
Visitor: anyone who enters the museum premises for the purpose of a museum visit or attends an activity organised by Nxt Museum for the general public during normal opening hours.

Consumer: anyone using the Nxt Museum website (www.nxtmuseum.com) and other online applications, such as the online ticket shop.

Nxt Museum: the registered trade name of Digital Art Museum B.V., the organisation that manages and operates the museum.

Museum premises: the following areas located in Nxt Museum, at Asterweg 22 in Amsterdam, being exhibition halls, Nxt Lab, Nxt Stage, offices and outdoor spaces within the fenced area.

Museumprotocol: the protocol for safe and responsible reopening of museums at the initiative of the Dutch Museum Association (Museumvereniging) based on the most current guidelines of the National Institute for Public Health and the environment (in Dutch: RIVM), dated 1 July 2020 (as amended, updated and restated from time to time, lastly on 17 November 2020).

Museum staff: anyone representing the museum and who is identifiable as such, including, but not limited to, the museum hosts, as well as other officials who are authorised to act on behalf of Nxt Museum.

Article 1.2
The applicability of these visitor terms and conditions will not prejudice applicability of other contractual terms and conditions and/or arrangements applied by Nxt Museum.

Article 2 Ticket sales

Article 2.1
All quotes, notifications or information otherwise provided by Nxt Museum in respect of ticket prices are published through its own channels. The prices listed here are subject to change. Nxt Museum cannot be held liable for (incorrect) publication of ticket prices by third parties.

Article 2.2
Tickets can be purchased via www.nxtmuseum.com.

Article 2.3
The visitor must have a valid admission ticket in the museum premises. She/he/they is/are at all times obliged to show, upon request, the admission ticket and any voucher or pass that entitles them to a discount on the admission price to the museum hosts who are identifiable as such.

Article 2.4
The potential visitor is 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 premises.
Failure to use a ticket purchased in advance is at the potential visitor’s own risk and expense; which is also the case if the admission ticket is only valid for a specific time and/or date. Once purchased, an admission ticket cannot be exchanged. The ticket price will not be refunded either.

Article 2.5
A potential Visitor may be denied access to the museum premises if it turns out that the admission ticket, discount card or voucher has not been obtained via Nxt Museum’s channels.

Article 2.6
Nxt Museum offers a visitor the possibility to change the date of her/his/their visit, only in case the visitor had to leave the museum premises ahead of time due to exercises performed in the context of in-house emergency services (Article 23 of the Working Conditions Act), as well as in the event of an actual emergency resulting in a complete or partial evacuation of the museum premises.
In case the visitor tests positive for Covid-19 and/or has cold-like symptoms or a fever, she/he/they does/do not have access to the museum premises and she/he/they will be allowed to change the date of their visit once.

Article 3 During the visit

Article 3.1

During the visit to the museum premises, the visitor must behave in accordance with public order, public morality and rules of decency applicable to the nature of the event being visited. The visitor is also obliged to promptly follow any guidelines and instructions issued by museum staff who are identifiable as such.
If, in the reasonable opinion of a duly authorised museum staff, who must be recognisable as such, the visitor acts in manner that is in any way in breach of these standards, guidelines or instructions, the visitor may be denied further access to the museum premises, without being entitled to a refund of the costs of the admission ticket or any other costs incurred.

Article 3.2
Parents or supervisors of children are at all times responsible and accountable for the behaviour of the children accompanying them. Teachers and supervisors of groups are at all times responsible and accountable for the behaviour of group members supervised by them.

Article 3.3
At the museum premises visitors are prohibited from:

  • offering goods of any nature whatsoever for sale or free of charge to third parties;
  • posing a deliberate and prolonged obstruction to the movement of other visitors or to their view of the objects on display;
  • obstructing other visitors and/or employees of the Nxt Museum and/or third parties, including, but not limited to, by not keeping a sufficient distance from others, or by not observing other (hygiene and health) standards applicable to visits to the museum premises) or using mobile phones or other sources of noise nuisance;
  • bringing pets or other animals, unless they are guide dogs (e.g. for the blind) and are authorised to accompany a visitor with an identification pass;
  • smoking, other than in the designated areas indicated via pictograms or written signs;
  • bringing and consuming food & beverages;
  • carrying objects or substances that are deemed hazardous in the opinion of an official of the museum who is identifiable as such, including, but not limited to, walking sticks or umbrellas; these can be handed over at an unsupervised umbrella near the unguarded cloakroom area. Nxt Museum does not accept any liability for damage to or loss of goods left behind by visitors;
  • taking along large objects, such as suitcases or weekend bags. There is no storage or cloakroom for large(r) items. Nxt Museum does not accept any liability for damage to or loss of goods left behind by visitors;
  • touching objects on display and exhibition material, unless expressly and explicitly permitted. Parents or guardians of children must strictly ensure that the children they have brought with them do not touch any objects on display. Small children should be held by the hand or moved by buggy. Similarly, teachers and supervisors of groups should ensure that the members of groups under their supervision do not touch the objects on display.

Article 3.4
The museum premises is fully wheelchair-accessible, except for the offices and Nxt Lab. A limitation on access with buggies/prams and walkers may be imposed; alternatively they may be parked in line with the instruction of museum staff. Nxt Museum does not accept any liability for damage to or loss or theft of goods left behind by visitors.

Article 3.5
Visitors are allowed to make photos and videos for personal use only and without using lamps, flash equipment or tripods. Personal photographs and videos may not be published, sold or otherwise distributed for commercial purposes. It is the visitor’s responsibility to ensure no copyright is infringed. Professional film or photography (for commercial, advertising, touristic, research, educational and artistic purposes) is only allowed with prior written authorisation from Nxt Museum. Please submit a request to that effect to info@nxtmuseum.com.

Article 3.6
Small (hand)bags are allowed in the museum premises, provided these can be worn on the front. Free lockers have been made available for larger items or small carry-on suitcases. Museum staff determines at its sole discretion what qualifies as large or small. Nxt Museum does not accept any liability for damage to or loss or theft of goods left behind by visitors.

Article 3.7
Museum staff may request a visitor permission for access to her/his/their (hand)luggage for security reasons.

Article 4 Complaints
Should a visitor have a complaint, she/he/they can reach out to the museum hosts. The museum host will provide the visitor with an online complaints form. It is also possible to file a complaint by sending an email to support@nxtmuseum.com. Complaints will be investigated and a reply will follow within 20 days.

Article 5 Liability museum

Article 5.1
A visit to the museum premises will be at the visitor’s own expense and risk.

Article 5.2
Nxt Museum shall be liable only for property damage and/or consequential damage suffered by visitors or injury inflicted on visitors as the direct and exclusive result of intentional acts or omissions, or of gross negligence on the part of the museum or museum staff, on the understanding that only damage for which the museum is insured or for which the museum should have been insured in accordance with the principles of reasonableness and fairness shall be eligible for compensation.

Article 5.3
If Nxt Museum accepts goods or if goods are deposited, stored and/or left behind by anyone in any way whatsoever without the museum stipulating any compensation, Nxt Museum shall never be liable for damage to or in connection with such goods in any way whatsoever, unless Nxt Museum has deliberately caused damage, or unless the damage is the result of gross negligence on the part of the museum.

Article 5.4
The total liability of Nxt Museum shall be limited to compensation for direct damage and shall under no circumstances exceed the amount for which the museum is insured or for which the museum should have been insured in accordance with the principles of reasonableness and fairness.

Article 5.5
In the event of damage caused by death or physical injury the total liability of Nxt Museum will in no case exceed the amount for which the museum is insured or for which the museum should have been insured in accordance with the principles of reasonableness and fairness.

Article 5.6
Liability of Nxt Museum concerning indirect damage, including consequential loss, loss of profit or salary, lost savings etcetera is excluded at all times. Nxt Museum does not assume any liability to pay damages for incidents caused by third parties, including but not limited to other visitors. The liability of Nxt Museum is also excluded for damage as a result of a visitor’s own fault, such as failure to follow guidelines and/or instructions from museum hosts or other Nxt Museum officials.

Article 5.7
Nxt Museum is not liable for damage caused by a shortcoming on its part that is the result of force majeure. Nxt Museum can in any case invoke force majeure in the presence of circumstances that make it so difficult, temporarily or permanently, to fulfil the agreement.

Article 6 Liability visitors

Article 6.1
Visitors of the museum premises are liable to Nxt Museum for all direct and indirect damage caused by them, whether or not as a result of non-compliance with these visitor terms and conditions and agree to indemnify Nxt Museum against claims from third parties in this respect.

Article 6.2
Parents or supervisors of children are at all times responsible and liable for the behaviour of and damage caused by the minor children accompanying them. Teachers and supervisors of groups are, without prejudice to each person’s individual responsibility and liability, jointly responsible and jointly liable for the behaviour of and damage caused by the group members supervised by them, without prejudice to the liability of these group members themselves. The aforementioned parents, supervisors, and teachers agree to indemnify Nxt Museum against any third-party claims in this respect.

Article 6.3
Organisations, companies and other institutions that organise or arrange for meetings and/or parties in the museum premises are at all times responsible and liable for the behaviour of and damage caused by the guests invited by them, without prejudice to the individual responsibility and liability of the guests themselves. The aforementioned organisations, companies and other institutions agree to indemnify Nxt Museum against any third-party claims in this respect.

Article 7 Privacy

Article 7.1

Nxt Museum refers its visitors to the privacy statement that has been published on its website for information regarding the processing of personal data and for instance also the related rights of data subjects.
In the context of Covid-19 contact details of visitors may be registered to enable the Amsterdam Public Health Service (in Dutch: GGD) to track the coronavirus, in case of a guided tour or other group arrangement in an indoor space with a maximum of 30.
Should a visitor have any object to registration of these data, then she/he/they should postpone her/his/their museum visit until compliance with the Museumprotocol is no longer required.

Article 7.2
There is video surveillance in the museum premises. Video footage will be stored in line with applicable law and, if required, shared with the police.

Article 7.3
Nxt Museum reserves the right to take photos and shoot video in the museum premises for publicity and marketing purposes. Visitors who object to appearing in such photos and video can inform Nxt Museum, and Nxt Museum will use its efforts to prevent publication of any photos and video featuring the visitor and, in the event of publication, to remove the footage or make the visitor no longer recognisable.

Article 7.4
Nxt Museum uses cookies to facilitate the use of our website and to compile a profile of consumers’ online behaviour. This service is provided by Google, who 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 behalf. Data collected will not be linked to names, addresses, email addresses, etc. The consumer has the right to request access to the data and have it rectified or erased.

Article 7.5
Consumers can sign up to our online newsletter. Registration data for the newsletter are stored in a database that is used only by Nxt Museum and not disclosed to third parties, unless Nxt Museum is legally required to do so or to the extent that third parties process the information on Nxt Museum’s behalf. Consumers can access, rectify or erase their personal data themselves through the newsletter. They can also do so by emailing a request to that effect to privacy@nxtmuseum.com.

Article 7.6
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 our partner Global Partners. These personal data are only used by Nxt Museum to complete 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 privacy@nxtmuseum.com.

Article 8 Museum store/webshop & museum merchandise

Article 8.1
Consumers can buy products in the museum shop and online in the web shop. The shown products are sold for the indicated prices including VAT, but exclude delivery costs (if applicable), unless stated otherwise.

Article 8.2
Items purchased at the museum store can be exchanged by returning the product to Nxt Museum 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 is no longer available, the purchase price will be refunded. Products can also be returned by post at the consumer’s expense.

Article 8.3
Payment in the webshop can be done in one of the ways indicated on the website and during the ordering process.

Article 8.4
Nxt Museum is entitled to verify and/or refuse orders in advance, without incurring any liability towards the consumer including, for instance in case a product is (temporarily) unavailable or Nxt Museum does not authorise the payment.

Article 8.5
A purchase agreement is only concluded after the acceptance of the order by Nxt Museum. Nxt Museum will then confirm acceptance of the offer by email.

Article 8.6
For all online orders there is a return option of 14 days after receipt of the order. To make use of the right to return, a consumer must contact Nxt Museum within 14 days, stating clearly and unambiguously that she/he/they will terminate the agreement on the basis of the right of withdrawal. This can be done by contacting Nxt Museum via the contact details below or by filling in and sending the model withdrawal form to:

Nxt Museum
Asterweg 22
1031 HP Amsterdam (The Netherlands)

or by e-mail:
info@nxtmuseum.com

Article 8.7
As soon as Nxt Museum has received the return shipment in good condition, the purchase amount owed and, if applicable, the standard shipping costs will be refunded within 14 days using the same payment method used by the consumer. If the consumer wants to keep certain items and only wishes to cancel a part of the order, the standard shipping costs will not be refunded (if applicable). The shipping costs for returns are not refunded.

Article 9 Opening hours

Article 9.1
Nxt Museum publishes its opening hours through its own channels, on the website, near the entrance to the museum and through direct communications. Nxt Museum reserves the right to change previously published opening hours which does not entitle visitors to a refund of the price paid for their admission ticket. Nxt Museum cannot be held responsible for (incorrect) publication of opening hours by third parties.

Article 9.2
Part of the museum space may be closed to visitors on certain occasions. Such will not entitle visitors to a refund of the admission price. When a substantial part of the museum space is closed to visitors, there will be a notice on the website and by the entrance, and a reduced admission fee will apply or another kind of compensation will be offered.

Article 10 Survey – Prize draw

Article 10.1
The prize of this draw is a guided tour for Shifting Proximities for 3 people.

Article 10.2
One winner will be determined per month in a draw that takes place in the first week of the month. The winner will be selected randomly from all participants. Winners are notified by email from February 2021 onwards and given instructions on how to claim their prize. If a winning participant has not contacted us within 28 days of notification to claim their prize, their right to the prize will be forfeited and an alternative winner will be chosen.

Article 10.3
The prize cannot be exchanged for money or any other compensation nor is it transferable. Participants must have reached the age of 18 at the time of notification. Nxt Museum is entitled to suspend or cancel the prize draw at any moment. This especially applies in case of force majeure or other (organisational, technical or legal) reasons for discontinuation of the prize draw. In those cases, participants cannot claim the prize.

Article 10.4
If a participant replies to this survey, she/he/they may opt to provide her/his/their email address. A participant is not obliged to do so. We use a participant’s email address for the purpose of determining and contacting the winner of any prizes and benefits that have been awarded and to measure the response to this marketing promotion.

Article 11 Applicable law and competent court

Article 11.1
Dutch law applies to these visitor terms & conditions and to the agreement between the visitor and Nxt Museum.

Article 11.2
All disputes arising from the agreement between the visitor and Nxt Museum are submitted exclusively to the court that has jurisdiction in Amsterdam, the Netherlands.
These visitor terms & conditions have been established by the board of Nxt Museum on 21 December 2020. These terms & conditions can be found on the website of Nxt Museum, www.nxtmuseum.com.