In these terms and conditions the following terms will be applied in the following meaning, unless explicitly stated otherwise or the context proves otherwise:
1.1 Admission Costs: price paid for the offered activity/ticket/event
1.2 Agreement: the agreement between the End User and ThingstodoinAmsterdam.com.
1.3 Event: a public or private event, such as a performance of artistic, musical, cultural, sports and/or recreational nature organised by the Organiser.
1.4 End User/You: the named natural person that purchases tickets for an Event via the ThingstodoinAmsterdam.com channels.
1.5 Location: the place where the Event is held.
1.6 Order: the total number of Tickets in one purchase, as completed by the End User.
1.7 Organiser: the party that undertakes to organise and bears responsibility for the organisation of the Event.
1.8 Personal Data: any information relating to a named natural person, including but not limited to a name, an e-mail address, and a telephone number.
1.9 Terms & Conditions: these Terms & Conditions of ThingstodoinAmsterdam.com.
1.10 Third Party Ticket Provider: a party that offers tickets, for either its own Events or Events organised by others.
1.11 Ticket(s): the digital or physical license to enter an Event.
1.12 ThingstodoinAmsterdam.com: OnlineMediaHeroes VOF registered in the Amsterdam Chamber of Commerce under C.o.C. no. 67947468, the user of these terms and conditions.
1.13 ThingstodoinAmsterdam.com channels: the website ThingstodoinAmsterdam.com, link or any other means by which ThingstodoinAmsterdam.com allows the purchase of tickets by the End User.
1.14 ThingstodoinAmsterdam.com Customer Service: the email address ([email protected]) of ThingstodoinAmsterdam.com available for questions and comments from End Users, contact details can be found via the ThingstodoinAmsterdam.com website.
2. Applicability of the Terms and Conditions
2.1 These terms and conditions – which from time to time shall be adapted by ThingstodoinAmsterdam.com unilaterally – shall apply to all ThingstodoinAmsterdam.com services whereby ThingstodoinAmsterdam.com facilitates the End User purchasing tickets for an Event organised by the Organiser. The ThingstodoinAmsterdam.com Terms and Conditions shall apply to all ThingstodoinAmsterdam.com channels. By accessing and using the ThingstodoinAmsterdam.com channels, you acknowledge and agree to have read, understood and agreed to the ThingstodoinAmsterdam.com terms and conditions.
2.2 In addition to the ThingstodoinAmsterdam.com Terms and Conditions, the terms and conditions of the Organiser of the Event shall apply as between the relevant party and the End User. The Terms & Conditions of the Organiser can be obtained from the relevant party.
2.3 In the event of a conflict between the provisions in the ThingstodoinAmsterdam.com Terms and Conditions and other terms and conditions, the provisions of the ThingstodoinAmsterdam.com Terms and Conditions will prevail.
3. Scope of the ThingstodoinAmsterdam.com service (‘the Agreement’)
3.1 Through the ThingstodoinAmsterdam.com channels, ThingstodoinAmsterdam.com provides a platform through which Events can be advertised, and through which End Users can purchase tickets for such Events. ThingstodoinAmsterdam.com only acts as an intermediary in the formation of an agreement between the End User and the Third Party Ticket Provider and ThingstodoinAmsterdam.com is in no respect party to that agreement.
3.2 Before payment of the Tickets by the End User, ThingstodoinAmsterdam.com shall state the total Order amount to be paid by the End User consisting of the Admission Costs.
3.3 Upon successful completion of the payment of the Admission Cost and all other costs by the End User and delivery of the Tickets to the End User by ThingstodoinAmsterdam.com, the Third Party Ticket Provider or the Organiser, the Agreement between ThingstodoinAmsterdam.com and End User is concluded.
3.4 In case no authorisation for the End User’s payment is received, ThingstodoinAmsterdam.com will notify the End User that the transaction has failed and, consequently, no Agreement will be and/or has been concluded.
3.5 ThingstodoinAmsterdam.com is entitled to modify or cancel the Order of the End User within 48 hours after completion of payment in the event that ThingstodoinAmsterdam.com is unable to provide the End User with the actual tickets.
3.6 ThingstodoinAmsterdam.com purchases the Tickets with the Third Party Ticket Provider or the Organiser and either delivers the Tickets to the End User or arranges that the Tickets will be delivered to the End User by the Third Party Ticket Provider or the Organiser via e-mail.
3.7 Upon delivery of the purchased Tickets by ThingstodoinAmsterdam.com, the Third Party Ticket Provider or the Organiser to the End User, the End User waives his right to dissolve the Agreement within the withdrawal period (“wettelijke bedenktijd”) of 14 calendar days.
3.8 The Ticket allows the End User to access the Event. The Ticket is only valid on the date and time indicated on the Ticket, unless otherwise stated on the Ticket. For some Events the Ticket may be valid on other days than the date indicated on the Ticket but will never be valid on dates later than 14 days after the date indicated on the Ticket. End Users can contact ThingstodoinAmsterdam.com Customer Service only via email ([email protected]) to find out whether their purchased Ticket might be valid on other dates than the date indicated on the Ticket.
3.9 Cancellation policy: In view of the provisions in Article 6:230p Sub e of the Dutch Civil Code, the legal reflection period and the right of withdrawal do not apply to the services of ThingstodoinAmsterdam.com. Hence, ThingstodoinAmsterdam.com is not obliged to take back or exchange Tickets once payment has been concluded, nor to provide the End User with a refund. The End User should contact ThingstodoinAmsterdam.com Customer Service to cancel their tickets and request a refund. When refund is possible, the restrictions that apply are stated on the product page and in the ticket delivery email sent by ThingstodoinAmsterdam.com to the End User. The End User must contact ThingstodoinAmsterdam.com Customer Service before the stated time restriction; all tickets without a visit time stated begin at midnight on the visit date. When ThingstodoinAmsterdam.com agrees to a cancellation with refund, ThingstodoinAmsterdam.com will charge the End User a cancellation fee equal to 8% of the total order value.
3.10 ThingstodoinAmsterdam.com services are made available for personal and non-commercial use only. The End User is not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or service available on the ThingstodoinAmsterdam.com channels for any commercial or competitive activity or purpose unless explicitly agreed upon.
4. Use of Personal Data
5. Intellectual Property Rights
The End User is not permitted to make public any of the intellectual property rights with respect to names, logos, formulas and any wording and music, for advertising purposes or otherwise, that are vested in ThingstodoinAmsterdam.com, either directly or indirectly, and/or reproduce them or to otherwise use them or benefit from them, unless the prior written permission of ThingstodoinAmsterdam.com has been obtained.
6.1 ThingstodoinAmsterdam.com does not warrant that:
a) the information on the ThingstodoinAmsterdam.com channels is correct and complete. When rendering services, the information disclosed is based on the information provided to ThingstodoinAmsterdam.com by Third Party Ticket Providers or Organisers. Although ThingstodoinAmsterdam.com will use reasonable skill and care in performing services ThingstodoinAmsterdam.com will not verify if, and cannot guarantee that, all information is accurate, complete or correct (including the rates and availability of Tickets), nor can ThingstodoinAmsterdam.com be held responsible for any errors, including those due to any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance or otherwise of the ThingstodoinAmsterdam.com channels), inaccurate, misleading or untrue information or non-delivery of information. The ThingstodoinAmsterdam.com channels do not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Event available via the ThingstodoinAmsterdam.com channels.
b) display of prices based on currency conversion is correct. Currency conversion is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.
6.2 Obvious errors and mistakes in the pricing (including misprints) are not binding.
7.1 ThingstodoinAmsterdam.com shall not be liable towards the End User except in the event of direct damages caused by the gross negligence or willful misconduct (grove schuld of bewuste roekeloosheid) of ThingstodoinAmsterdam.com or ThingstodoinAmsterdam.com’ employees (acting in the course of their employment). ThingstodoinAmsterdam.com entire and collective liability to the End User arising under or in connection with the Agreement and the ThingstodoinAmsterdam.com Terms and Conditions, whether in contract, tort statute (“onrechtmatige daad”) or otherwise shall, to the extent permissible by law, be limited to the payment of direct damages attributable to ThingstodoinAmsterdam.com and will not exceed the amount of the Admission Costs.
7.2 ThingstodoinAmsterdam.com shall not be liable for any indirect loss or damages, including consequential damages, loss of profit, missed savings, any other form of unrealized benefit and damages by loss of data which have somehow been occurred by and/or result from the use of this website.
7.3 More specifically, ThingstodoinAmsterdam.com will in no event be liable for any damages, however arising, in relation to:
a) access to the Event, for the organization of the Event, for the (artistic) quality and content of the Event, or for the state of affairs in and around the Location;
b) the purchase and delivery of tickets by third parties, or for Agreements that, whether or not at the End User’s request, are not entirely fulfilled by ThingstodoinAmsterdam.com and in which a third party – for example, the cash desk at a Location – has been involved either directly or indirectly;
c) damages, including compensation or reimbursement of the Admission Costs, in case of a cancellation of the Event. If and to the extent that the Organiser decides to reimburse the Admission Costs and the Organiser engages ThingstodoinAmsterdam.com to carry this out, the reimbursement of the Admission Costs that were demonstrably paid to ThingstodoinAmsterdam.com will be handled by ThingstodoinAmsterdam.com;
d) the loss of Tickets by the End User for whatever reason;
e) death, injury, accidents, loss, damage or theft during or resulting from a visit to the Event or the Location; and.
f) any damages resulting from a force majeure event (“overmacht”), in accordance with Article 6:75 of the Dutch Civil Code).
8.1 The completed End User review:
a) may be uploaded onto the ThingstodoinAmsterdam.com channels for the purpose of informing (future) customers of your opinion of the Event or Location;
b) (wholly or partly) used and placed by ThingstodoinAmsterdam.com at its sole discretion (e.g. for marketing, promotion or improvement of ThingstodoinAmsterdam.com services) on ThingstodoinAmsterdam.com channels or such (social) media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by ThingstodoinAmsterdam.com and ThingstodoinAmsterdam.com business partners. ThingstodoinAmsterdam.com reserves the right to adjust, refuse or remove reviews at ThingstodoinAmsterdam.com sole discretion.
9.1 In the event that any of the terms of the ThingstodoinAmsterdam.com Terms and Conditions are declared void or otherwise not binding, the remaining terms will remain unimpaired. ThingstodoinAmsterdam.com shall do its utmost to change wording so as to achieve as far as possible the intent and purpose of terms declared void or otherwise not binding.
9.2 The ThingstodoinAmsterdam.com Terms and Conditions contain the entire agreement between the End User and ThingstodoinAmsterdam.com.
9.3 The ThingstodoinAmsterdam.com Terms and Conditions are governed by Dutch law. Any and all disputes shall be submitted to the competent court in Amsterdam, the Netherlands. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration in Amsterdam, the Netherlands. The arbitrator shall be agreed by mutual consent. If the dispute is not settled by arbitration within 10 days of the commencement of the arbitration, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by the competent court in Amsterdam, the Netherlands.
9.4 The ThingstodoinAmsterdam.com Terms and Conditions can be amended at any time by ThingstodoinAmsterdam.com. The amendments will come into force 30 days after they have been published on this website. ThingstodoinAmsterdam.com therefore recommends checking the ThingstodoinAmsterdam.com Terms and Conditions from time to time.
ThingstodoinAmsterdam.com is a private company with limited liability organised under the laws of the Netherlands with its registered office at Zeeburgerdijk 11B, 1093 SJ Amsterdam, the Netherlands. ThingstodoinAmsterdam.com is registered at the Chamber of Commerce under file number 220.127.116.11. You are requested to send all correspondence to ThingstodoinAmsterdam.com to the e-mail address bookings[at]thingstodoinamsterdam.com or contact ThingstodoinAmsterdam.com: https://thingstodoinamsterdam.com/about/customer-service/.