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Terms and Conditions for Visitors of Het Nieuwe Instituut

Introduction

These terms and conditions for visitors of Het Nieuwe Instituut Foundation, hereinafter "Het Nieuwe Instituut", apply to any visit to its buildings, as well as to all activities, exhibitions and meetings organised by Het Nieuwe Instituut. These visitor conditions also apply to activities and meetings organised by third parties in the buildings of Het Nieuwe Instituut.

Het Nieuwe Instituut considers it important to be accessible and to be a space where everyone feels welcome. Het Nieuwe Instituut makes every effort to ensure that every visit is conducted satisfactorily and with due observance of the utmost care towards the visitor.

Definitions

Het Nieuwe Instituut

"Het Nieuwe Instituut" is understood to mean the organisation that manages and operates the buildings, including, but not limited to, the management, tour guides, food and beverage employees, the hospitality and security department as well as other officials authorised to act on behalf of this organisation.

The buildings

"The buildings" is understood to mean the entirety of spaces located in Rotterdam at Museumpark 25, including the exhibition and event spaces, Sonneveld House and its garden, the Research Centre, the café, the terrace, the publicly accessible garden (The New Garden), the other outdoor spaces and the depot.

The institute

The "institute" means the buildings with the exception of the bookshop.

The visitor

"Visitor" is understood to mean anyone who enters the buildings and/or visits an exhibition or attends an activity organised by Het Nieuwe Instituut or by third parties in the buildings with the permission of Het Nieuwe Instituut.

Events

"Event" is understood to mean a festive and/or business activity, a reception or a presentation, all in the broadest sense of the word, that takes place in the buildings.

Code of Conduct

"Code of Conduct" is understood to mean the rules applicable within the institute that serve to ensure that every visitor feels safe and comfortable at Het Nieuwe Instituut. (See: https://hetnieuweinstituut.nl/code-of-conduct).

House rules

"House rules" are understood to mean the rules that apply to assignments to contractors, installers and third parties who carry out work on and in the buildings, on the installations or on or in the grounds of Het Nieuwe Instituut.

Visiting conditions

The visiting conditions are understood to mean these general visiting conditions of Het Nieuwe Instituut in Rotterdam, as they can be found on the website of Het Nieuwe Instituut and are available at the reception desk of the buildings.

Privacy declaration

The privacy statement is understood to mean the applicable privacy statement of Het Nieuwe Instituut as it can be found on the website. (See: privacy statement)

The conditions

1. Access and applicability of the visiting conditions

Article 1.1

The moment a visitor enters the buildings, either as a paying visitor or as a guest, this visitor is deemed to have entered into an agreement with Het Nieuwe Instituut to which these terms and conditions for visitors apply. The terms and conditions for visitors also apply to all activities within Het Nieuwe Instituut, whether this concerns a visit to an activity of Het Nieuwe Instituut or a third party, such as in the case of room rental, (book) shopping visits and the like.

Article 1.2

Special house rules apply to third parties who carry out work on and in the buildings, on the installations or on the grounds of the institute (add location online).

Article 1.3

The applicability of these visitor conditions does not affect the fact that other (contractual) conditions of Het Nieuwe Instituut may apply in addition to the visitor conditions. if there is a conflict between different rules, the specific conditions applicable to a special activity will prevail over the visiting conditions.

Article 1.4

As long as measures related to Covid19 apply and museums are open, visitors to the institute must adhere to the applicable protocol with measures that Het Nieuwe Instituut applies. This protocol can be found on the website of Het Nieuwe Instituut and is also available at the reception desk.

The protocol is based on the guidelines of the RIVM and on the recommendations of the Museum Association. Visitors should take into account that during the period that this coronavirus protocol applies, the opening hours of the institute may be adjusted and there is a maximum number of visitors. Depending on the regulations applicable at the time of the visit, visitors must register a time slot in advance for their visit.

2. Ticket sales and access to the Institute

Article 2.1

When present at the institute for exhibitions or events for which an entrance fee applies, each visitor must have a valid admission ticket. A visitor has access only via the designated entrances and paths.

Article 2.2

The visitor is obliged at all times to show their admission ticket and any voucher or card that entitles the holder to a discount on the admission price to the employees of Het Nieuwe Instituut. If the visitor is the holder of a Museum Card, the visitor must have this with them and be able to show it when purchasing the admission ticket.

Article 2.3

The visitor is not entitled to a refund of the entrance fee or any other compensation in the event of loss or theft of the admission ticket before the visitor enters the institute.

If a visitor does not use the pre-purchased admission ticket, 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, an admission ticket cannot be exchanged. There is also no refund of the admission fee.

Article 2.4

The (potential) visitor may be denied access to the institute if it appears that the admission ticket, discount card or voucher has not been obtained from Het Nieuwe Instituut or a body authorised by Het Nieuwe Instituut.

Article 2.5

Het Nieuwe Instituut will only refund the admission price actually paid and travel costs incurred by the visitor if the visitor has to leave the buildings prematurely due to an unannounced exercise in the context or event of an actual calamity resulting in the buildings being completely or partially vacated.

Article 2.6

All prices for visitors quoted in writing by Het Nieuwe Instituut are binding. Het Nieuwe Instituut is not liable for errors due to intent, fault or negligence on the part of third parties.

3. Access to the buildings and special facilities

Article 3.1

The institute is located in various buildings, including the location of Sonneveld House museum house.

Article 3.2

When entering the buildings, visitors are advised to inform themselves of the escape routes that must be used in the event of an emergency or the threat thereof. The use of lifts is prohibited in the event of a calamity.

Article 3.3

The institute has the following facilities for visitors for whom there are restrictions on personal accessibility. Questions about these facilities can be asked in advance to the hospitality employees at the desk at the entrance. It is also possible to request personal assistance by contacting reception@hetnieuweinstituut.nl.

Article 3.4

The institute is easily accessible using wheelchairs, walkers and mobility scooters. All exhibition rooms and the Research Centre are accessible by lift and via a ramp. Unfortunately, due to the original, historic layout, Sonneveld House is not accessible with prams and wheelchairs.

Article 3.5

The buildings are accessible with an assistance, care or guide dog under the direction of the user.

Article 3.6

The institute offers various facilities for visitors with a (functional) disability.

For example, the institute has a wheelchair for visitors with a (functional) disability. There is also a parking space available for visitors with a (functional) disability. There is a toilet on the ground floor that is accessible to visitors using a wheelchair.

Article 3.7

All toilets in the institute are accessible to everyone regardless of gender, identity or expression.

Article 3.8

Children, young people and their families are very welcome in Het Nieuwe Instituut. The café has high chairs and a baby changing area is available.

Article 3.9

Depending on the exhibitions that are on view at a specific time, a visitor to the institute can sometimes be confronted with large amounts of information in text and images, with lights, sounds, busy visuals and smells. At the entrance desk, visitors can consult the employees of the hospitality department for an up-to-date indication of the amount of stimuli associated with the exhibitions at that time.

Article 3.10

A grid floor has been laid in the galleries of Gallery 3, through which the floor below is visible. This floor meets all requirements in terms of safety, but visitors with a fear of heights may find it disturbing.

Article 3.11

In principle, almost all gallery texts and all written material of the institute are made available bilingually (in English and Dutch). Occasionally, project-specific material is offered in another language. In the case of videos, the aim is to always offer them with subtitles. The language of instruction is stated for each activity. Employees of the hospitality department can provide further information about the content of texts on request. Unfortunately, the institute cannot yet offer translations into Dutch sign language (NGT) or other visual-manual languages.

4. Rules for spending time in the buildings

Article 4.1

During their time at the institute, the visitor is obliged to follow the conditions for visitors and to behave in accordance with the applicable code of conduct, public order, morality and the rules of decency applicable with regard to the nature of the activity visited. The visitor is also obliged to follow the instructions of employees of Het Nieuwe Instituut, including security staff.

Article 4.2

In the buildings, the visitor is prohibited from, among other things:

a. taking photos or making video and film recordings using (professional) lamps, flash equipment and/or tripods;

b. blocking the way or obstructing the view of exhibited objects deliberately and for a considerable time;

c. disturbing other visitors through the use of mobile telephones, music players, loudspeakers and other sources of noise pollution;

d. bringing in pets or other animals, excepting guide dogs when they accompany a visitor with an identification card;

e. smoking;

f. bringing in and consuming food and drinks;

g. offering goods of any kind for sale to third parties or providing them free of charge;

h. in the opinion of an employee of the institute, bringing in dangerous objects or substances, including, but not limited to, walking sticks, umbrellas or large bags or backpacks. These can be stored at your own risk in the lockers provided by Het Nieuwe Instituut, or left in places designated by Het Nieuwe Instituut for this purpose;

i. touching exhibited objects and exhibition material, unless this is expressly and explicitly permitted. Parents or supervisors of children must ensure that exhibited objects are not touched by the children they have brought. Small children must be held by hand or transported by buggy. Teachers and supervisors of groups ensure that the group members they accompany do not touch the objects on display.

Article 4.3

In special cases where the general safety of persons or the collection requires this, an employee of the institute may request access to the (hand) luggage carried by the visitor. If deemed necessary, this employee may also request the visitor to cooperate with a security search when entering or leaving the buildings. The potential visitor will be warned before entering the buildings that this measure is in force. In the event of theft or another (criminal) incident, Het Nieuwe Instituut will notify the police.

Article 4.4.

If a visitor acts contrary to these standards, directions or instructions, the visitor may be denied further access to the buildings, without the visitor being entitled to reimbursement of the costs of their admission ticket or any other costs incurred.

5. Photos and/or film recordings of visitors

Article 5.1

During events at Het Nieuwe Instituut, it is possible that photos and/or films will be made of the event, the participants and the visitors by a photographer engaged by Het Nieuwe Instituut, hereinafter: "the recordings". Het Nieuwe Instituut assumes that the making and use of these recordings on its website and/or on its social media fall within its legitimate marketing interest, of course with due regard for the privacy rights of those involved. Where appropriate, a statement is submitted to visitors in advance, for example in the event of meetings of, or visits by, minors.

Article 5.2

Visitors are informed upon entry about the possibility of these types of recordings and their intended use. Visitors who do not wish to be on the photo or film are given the option of wearing a red sticker so that the photographer knows this.

Article 5.3

Naturally, Het Nieuwe Instituut cannot vouch for photographs taken by third parties who are not its official photographers.

6. Video surveillance

Article 6.1

A video surveillance system is in operation in Het Nieuwe Instituut. Het Nieuwe Instituut has a legitimate interest in having its security staff monitor the buildings via this surveillance system. This video surveillance system serves to monitor the correct compliance with the visitor conditions and to detect violations thereof as quickly as possible. The video surveillance system protects the buildings, the collection, visitors and employees.

Article 6.2

By entering the buildings, visitors agree that security video recordings can be made of them. The camera images obtained will only be used internally, except in the event of a violation of the visiting conditions. In that case, Het Nieuwe Instituut has the right to make the images available to the police and investigative services or, for example, the insurer. The camera images are - except in case of calamities that warrant longer storage - removed and destroyed within four weeks of the date of recording.

7. Liability of Het Nieuwe Instituut

Article 7.1

The visitor's stay in the buildings is at their own expense and risk.

Article 7.2

Het Nieuwe Instituut is only liable for property and/or consequential damage suffered by the visitor, or injury caused to the visitor, that is the direct and exclusive result of intent or gross negligence on the part of Het Nieuwe Instituut and/or its employees. In this context, only such damage for which Het Nieuwe Instituut is insured, or for which it should have been insured in all reasonableness and fairness, is eligible for compensation and for the maximum amount thereof.

Article 7.3

The liability of Het Nieuwe Instituut is hereby excluded for, among other things:

a. damage as a result of the acts or omissions of third parties, including persons engaged by Het Nieuwe Instituut and tenants of (areas in) the building and persons engaged by these third parties;

b. damage as a result of non-compliance with the instructions given by the employees of Het Nieuwe Instituut and as a result of non-compliance with these visitor conditions;

c. damage caused by other visitors;

d. damage caused to the visitor's vehicle(s).

Article 7.4

Het Nieuwe Instituut is never liable for damage suffered by the visitor as a result of force majeure on the part of Het Nieuwe Instituut. "Force majeure" also includes any circumstance beyond the control of Het Nieuwe Instituut - even if this could already have been foreseen as a possibility at the time the agreement was concluded - that temporarily or permanently prevents fulfilment of the agreement, as well as, insofar as this does not already include war, violence of war, civil war, terrorism, riots, a pandemic and its consequences, disturbances, action by the police and/or fire brigade, strike, transport difficulties, fire and other serious disruptions to the business of Het Nieuwe Instituut or in the buildings, weather conditions and the non-functioning or shut-down of public transport for any reason.

8. Liability of Visitors

Article 8.1

Visitors of the institute are personally liable for all direct and indirect damage caused by the visitors themselves, whether or not as a result of non-compliance with these visitor conditions. Visitors hereby indemnifies Het Nieuwe Instituut against claims from third parties in this regard.

Article 8.2

Parents or supervisors of children are at all times responsible for and liable for the behaviour of any minor children who accompany them. Teachers and supervisors of groups are, without prejudice to everyone's own responsibility and liability, partly responsible for and partly liable for the behaviour of the group members they supervise.

Article 8.3

Third parties who organise an event or meeting in the buildings will bind their guests to these conditions for visitors. These third parties are at all times responsible and liable for the behaviour of the guests and/or visitors invited by them, without prejudice to these guests' own responsibility and liability.

9. Personal data

Article 9.1

Insofar as personal data is processed in the context of these conditions for visitors, this is done carefully and in accordance with the rules that follow from the General Data Protection Regulation and the Dutch Implementation Act. For all information on this subject, Het Nieuwe Instituut refers to the applicable privacy statement of Het Nieuwe Instituut, which is included on its website. This privacy statement also includes the rights of those concerned with regard to the processing of personal data in which Het Nieuwe Instituut acts as controller.

10. Lost property

Article 10.1

Visitors who find objects must hand them in at the desk at the entrance. Het Nieuwe Instituut will make every effort to trace the owner or rightful claimant of the found object and to this end will maintain regular contact with the local police. Lost property whose return, after six months in the keeping of Het Nieuwe Instituut, has not been requested by the owner or entitled party, will be handed over to the local police.

11. Complaints

Article 11.1

Het Nieuwe Instituut will do everything possible to ensure that visits to the buildings or exhibitions and activities organised by Het Nieuwe Instituut proceed in accordance with the published offer. This also includes the obligation to inform the public as completely as possible about full, partial or early closure of the buildings and/or exhibitions organised by Het Nieuwe Instituut. Het Nieuwe Instituut will also inform the potential public about nuisance-causing maintenance work, renovations or the (re)design of spaces. The visitor can never derive a right to compensation from these.

Article 11.2

The complaints mentioned below can never lead to any obligation to pay compensation by Het Nieuwe Instituut to the visitor:

a. complaints relating to objects from the permanent collection of Het Nieuwe Instituut being invisible;

b. complaints relating to the partial closure of the buildings, 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 molestation;

d. complaints and circumstances relating to nuisance or inconvenience caused by maintenance work, including, but not limited to, a renovation or the (re)set-up of areas;

e. complaints and circumstances relating to nuisance or inconvenience caused by the malfunctioning of facilities in the buildings.

Article 11.3

Complaints about any exhibition and activity visit and claims for damages, including requests for a refund of the admission price, must reach Het Nieuwe Instituut in writing within six weeks of the visit taking place. Complaints and claims submitted after this term will no longer be processed.

Article 11.4

Het Nieuwe Instituut will investigate the complaint and respond in writing within 30 days of receipt. If the investigation has not yet been completed, the complainant will be informed of this, as well as the probable moment when this will be the case.

Article 11.5

Het Nieuwe Instituut would like to receive suggestions from visitors to improve the service.

The visitor can submit complaints, complaints and suggestions for improvement in writing by filling in a form that can be obtained at the desk at the entrance of the building. This can also be done by requesting this form via the website of Het Nieuwe Instituut.

The personal data of the complainants concerned will only be processed internally in accordance with its purpose, namely to answer and settle the complaint, advertisement or suggestion as completely as possible. This data will be kept for as long as is necessary for the settlement of the complaint, advertisement or suggestion, and any questions arising from it.

12. Governing law

Article 12.1

These conditions for visitors and the agreement between the visitor and Het Nieuwe Instituut are governed by Dutch law.

Article 12.2

If an amicable solution is not possible, all disputes arising from the agreement between the visitor and Het Nieuwe Instituut will be submitted to the competent court for adjudication.

13. Final provision

Article 13.1

If one or more of the aforementioned articles is not, or will not be, legally valid, the remaining provisions will remain legally valid. In that case, the invalid provision will be replaced by a new provision that corresponds as closely as possible to the old invalid provision in terms of content, scope and/or objective.

Article 13.2

Het Nieuwe Instituut reserves the right to update these conditions for visitors from time to time. The version that can be found on the website of Het Nieuwe Instituut on the day of the visit to the institute is the valid version.

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