GENERAL TERMS AND CONDITIONS STICHTING NEDERLANDS CONTACTLENS CONGRES (‘FOUNDATION DUTCH CONTACT LENS CONGRESS’, NCC)
1.1 These general terms and conditions (hereinafter referred to as: the “General Terms and Conditions”) are applicable to any and all commitments and legal relationships, by any name whatsoever, between Stichting Nederlands Contactlens Congres (‘Foundation Dutch Contact Lens Congress’, NCC) (hereinafter referred to as: “NCC“) and an applicant for and/or a participant in an event organised by or on behalf of NCC (hereinafter referred to as: the “Customer”). A Customer can never rely on deviating terms and conditions, customary practices or usage.
1.2 For the purpose of these General Terms and Conditions an event is understood as a congress, presentation, lecture, exposition, workshop, dinner, in the broadest sense of the word, or a combination of one or more of these activities (hereinafter referred to as: an “Event”).
1.3 For the purpose of these General Terms and Conditions the location where the Event is held is understood as the actual location of the Event, including all premises, halls, rooms, foyers and external premises that are part of the same or a combination of one or more of these places.
1.4 The General Terms and Conditions always prevail over different terms and conditions or stipulations of the Customer or third parties.
1.5 The applicability of potential general terms and conditions of the Customer or third parties is expressly rejected.
1.6 NCC reserves the right to unilaterally change and/or supplement these General Terms and Conditions.
1.7 If a provision of these General Terms and Conditions is invalid or nullifiable then the remaining provisions of these General Terms and Conditions shall remain in full force and effect and NCC and the Customer shall enter into discussions in order to agree on new provisions to replace the invalid and/or nullified provisions in the course of which the objective and the scope of the invalid and/or nullified provisions are observed as much as possible.
2. Offer and acceptance
2.1 Any and all offers of NCC are subject to contract.
2.2 Any and all commitments and legal relationships, by any name whatsoever, between NCC and the Customer, also including any and all offers and the express acceptance or confirmation of an offer and additional arrangements or changes potentially agreed on later as well as (verbal) arrangements and/or commitments by staff of NCC or made on behalf of NCC by its sellers, agents, representatives or other intermediaries, must take place in writing.
2.3 The submission of offers and/or (other) documentation shall not compel NCC to deliver and/or to accept the order. NCC reserves the right to reject orders without stating reasons.
2.4 By merely placing an order and/or by taking receipt of an entrance ticket the Customer accepts the General Terms and Conditions and the Customer is deemed to have automatically agreed with the exclusive applicability of the General Terms and Conditions to the agreement.
2.5 NCC is authorised to – if NCC deems this to be required or appropriate – rely on third parties for a correct implementation of the agreement.
3. Conclusion of the agreement / entrance tickets
3.1 The agreement regarding the visit to an Event between NCC and the Customer is concluded when the Customer purchases an entrance ticket for the Event with NCC.
3.2 An entrance ticket can consist of a document with a barcode made available by NCC or an alternative presented personally. The barcode is a unique code.
3.3 The entrance ticket is made available once and provides access to one person.
3.4 The entrance tickets are and always remain the property of NCC. The Customer must see to it that he is and remains the holder of the entrance ticket made available by NCC.
3.5 The entrance ticket is exclusively made available to the Customer through electronic communication (e-mail) by sending it to the email address specified by the Customer. The Customer must see to it that the entrance ticket can be made available through electronic communication in a secure way. NCC can guarantee neither the confidentiality of the provided entrance ticket nor the receipt of the entrance ticket.
3.6 Only entrance tickets purchased directly via the website of NCC guarantee the validity of the entrance ticket. The relevant onus of proof is vested in the Customer.
3.7 NCC reserves the right to impose a maximum on the number of entrance tickets that can be ordered and, as the occasion arises, the Customer is held to comply with the maximum imposed by NCC.
3.8 Entrance tickets cannot be returned.
3.9 From the moment that the entrance ticket is made available to the Customer, the risk of loss, theft or abuse of or damage to the entrance ticket shall be vested in the Customer.
3.10 The entrance ticket only entitles the holder to attend the Event mentioned on the entrance ticket. Only the holder of the entrance ticket who shows the entrance ticket first at the start of the Event is given access. NCC can assume that the holder of the said entrance ticket is also the rightful owner (the Customer). NCC is not held to conduct a further inspection with regard to valid entrance tickets.
4. Prices, payment, delivery and reservation of title
4.1 Any and all prices are exclusive of turnover tax (VAT) and other official duties that may be imposed. Quotations are provided subject to price changes.
4.2 Payment must take place at the time of ordering through the payment methods communicated by NCC, unless different payment arrangements were agreed on. Rights cannot be derived from unpaid orders, including orders that were placed in a ‘basket’ but were not paid.
4.3 The available payment methods can only be used if the conditions of the said methods – including a creditworthiness check and authentication and authorisation of the potential Customer – are met.
4.4 If a payment term was stipulated then it is noted that as a result of the mere expiry of the said term the Customer is deemed to be in default by operation of law.
4.5 If the amount payable to NCC is not paid, or not in its entirety, on the stipulated date or, failing the same, within 14 days after the date of the invoice then NCC is, without any notice of default, entitled to charge the Customer the statutory interest plus 3% effective from the due date as well as any and all judicial and extrajudicial costs incurred by NCC in connection with the collection of its claim.
4.6 As the occasion arises any and all claims of NCC vis-à-vis the Customer immediately fall due.
4.7 NCC and the Customer are deemed to have stipulated that the said extrajudicial collection costs were set at 15% of the invoice amount, including the potential late payment surcharge, unless NCC demonstrates that the said costs were higher, in which case it is also entitled to the surplus.
4.8 Any and all amounts charged to the Customer must be paid without discount or withholding. The Customer is not authorised to set off claims, on any account whatsoever. The Customer is not entitled to suspend a payment to NCC.
4.9 If there is good reason to assume that the Customer shall not comply strictly with his obligations on account of the agreement then the Customer is held to, on demand of NCC, immediately provide security to the satisfaction and in the form required by NCC and to, where required, supplement the same for the benefit of the correct compliance with all his obligations on account of the agreement.
4.10 Complaints in respect of invoices must be submitted within 5 days after invoicing, accurately stating the nature and the grounds of the complaints, failing which the Customer is deemed to have accepted the invoice.
4.11 If NCC offers the Customer the possibility of paying by credit card then in respect of the said payment method the conditions of the relevant card issuer are applicable between the Customer and the card issuer. NCC is not a party in the relationship between the Customer and the card issuer.
5. Prohibition on transfer of entrance ticket
5.1 Unless stipulated otherwise in writing between NCC and the Customer, the Customer shall exclusively hold the entrance ticket for an Event for himself and shall therefore not, in any way whatsoever, sell or offer it for sale to third parties or offer or make it available, whether or not within the framework of commercial purposes.
5.2 If the Customer obtained the prior written consent of NCC to make an entrance ticket available to a third party then the Customer is held to make these General Terms and Conditions available to the said third party in the course of which the relevant Customer guarantees vis-à-vis NCC that the said third party shall comply with these General Terms and Conditions.
5.3 If NCC offers an entrance ticket for an Event registered in a name (personalised) then NCC is authorised (but not held) to check the identity of the holder of the entrance ticket in order to determine whether it corresponds with the name of the Customer and, to the extent that it does not, deny the holder access to the Event.
6. Other obligations of the Customer
6.1 The Customer is held to, if so requested, lend his cooperation in a search when visiting the Event.
6.2 The Customer must be in possession of a valid and undamaged entrance ticket and proof of identity both before and during the Event and as long as he is at the location where the Event is held. The Customer is held to, on demand of NCC, the operator of the location where the Event is held, the staff maintaining law and order and/or other authorities, show his entrance ticket and/or proof of identity.
6.3 It is prohibited to bring along fireworks, (fire) arms and/or dangerous objects and/or alcohol to the location where the Event takes place. If NCC takes these kinds of objects into custody for the duration of the Event then it shall accept no liability whatsoever in connection with the same. Statutorily prohibited objects shall be sequestrated and are not returned
6.4 If the Customer, after having entered the location where the Event takes place, leaves the said location then the entrance ticket loses its validity.
6.5 The Customer is held to comply with any and all rules (including internal rules) and/or instructions of NCC, the operator of the location where the Event is held, the staff maintaining law and order on duty (security), the fire brigade and/or other authorities. If a smoking ban applies at the location of the Event then this ban applies with regard to any and all (also including electronic) tobacco products.
7. Rights of NCC
7.1 In case of a violation by the Customer of (one or more of) the provisions as intended in the agreement and/or these General Terms and Conditions, NCC is entitled to declare the entrance ticket invalid without prior notice or notice of default and to deny the Customer (further) access to the Event without the Customer being entitled to repayment of the amount (including change costs) that he paid for the entrance ticket. Holders of entrance tickets that were declared invalid are not entitled to repayment or any other form of compensation.
7.2 NCC reserves the right to deny the Customer (further) access to an Event or the location where an Event takes place if NCC deems this, at its sole discretion, to be within reason required in order to maintain law and order during the Event.
7.3 If it is plausible that there is question of falsification of the entrance ticket then NCC is entitled to deny the holder of the said entrance ticket (further) access to the Event without the Customer and/or the holder being entitled to claim any compensation for damages that he may consequently incur.
7.4 NCC is entitled to create (have created) audio and/or video recordings of the Event and to use the said recordings for promotional purposes or for the benefit of its partners or sponsors. Customers or other persons who occur in the recordings cannot claim compensation or any intellectual property rights in respect of the said recordings, which also includes copyrights or portrait rights. To the extent that the Customer is entitled to these kinds of intellectual property rights in respect of (parts of) these kinds of recordings, the Customer hereby already transfers, as the occasion arises, the said rights to NCC.
8. Force majeure
8.1 NCC is not held to comply with any obligation regarding the organisation of an Event if it is prevented from doing so as a result of force majeure. Force majeure is understood as everything that within reason takes place beyond the control of NCC, including but not limited to sickness of and/or cancellation by the lecturer(s), fire, (threat of) war, (threat of) terrorism, wildcat of organised industrial action, blockades, riots or other disturbances of the peace, lack of fuel, lack of energy, transport restrictions, industrial accident, weather conditions, natural disasters including flooding, earthquake, epidemic, quarantine measures, restrictions when permits are granted, non-compliance with obligations by suppliers, excessive sickness absence of NCC staff, official measures and operational breakdowns at NCC and/or suppliers.
8.2 If a situation of force majeure occurs – also if the circumstances that result in the force majeure occur after the performance of NCC should have already been delivered – then NCC is entitled to suspend the organisation of the relevant Event or to move it to a different date or location or to cancel the Event definitively
8.3 In case of force majeure the Customer is not entitled to claim rescission of the concluded agreement.
8.4 In case of force majeure NCC shall try to find a solution to deliver the stipulated product and/or to supply the stipulated service.
8.5 If the Event is cancelled definitively by NCC as a result of or in connection with force majeure before it has started then NCC is exclusively held to repay the Customer the amount that the Customer paid for the entrance ticket after the Customer has returned the relevant entrance ticket to NCC within four weeks after announcement of the cancellation. If an Event is cancelled definitively as a result of or in connection with force majeure after it has started then NCC is only held to repay the Customer, by way of compensation, an amount to be determined unilaterally by NCC after the Customer has returned the relevant entrance ticket to NCC within four weeks after announcement of the cancellation.
8.6 If an Event is moved to a different date and/or location by NCC as a result of or in connection with force majeure then the relevant entrance ticket remains valid for the new date on which the Event shall take place.
8.7 If the Customer cannot or does not want to attend the relevant Event on the new date and/or at the new location then he is entitled to return his entrance ticket to NCC upon repayment of the amount that the Customer paid for the entrance ticket. The said repayment shall only take place after the Customer has returned the relevant entrance ticket to NCC within four weeks after announcement by NCC of the new date and/or the new location. Holders of entrance tickets that were invalidated are not entitled to repayment or any other form of compensation. Change costs or other damages shall never be compensated. The Customer can neither claim (alternative) access to another Event.
9.1 NCC shall only and exclusively be liable for personal or property damages that arise during or as a direct consequence of the organisation of an Event and that are directly and exclusively the result of a shortcoming imputable to NCC and limited to damages for which NCC is insured and which damages are also reimbursed to NCC by the insurer of NCC. NCC shall never be held to compensate trading or commercial losses, also including consequential damages, lost profit, lost savings and/or other indirect and/or intangible damages and/or damages caused by intent or intentional recklessness of auxiliary staff of NCC.
9.2 Entering the location where an Event takes place and attending an Event entirely take place at the risk and expense of the Customer in the course of which NCC does not accept any liability whatsoever for damages that are the result of attending an Event, e.g. hearing, sight and other physical disorders.
9.3 NCC pursues that the programme of an Event can be carried out according to the announced time schedule as much as possible. However, NCC shall not be liable for differences in the same or for (potential) damages that the Customer and/or third parties may consequently incur. Start times as mentioned in, inter alia, the programme are subject to change. The Customer is held to regularly check (via the website or other channels of communication of NCC) whether the start time remains unchanged.
9.4 NCC shall moreover neither be liable for the content and the manner of implementation of the programme of an Event, which expressly includes the length of the programme.
9.5 NCC shall not be liable for damages to the Customer occurring as a result or loss of or damage to the entrance ticket.
10. (Intellectual and industrial) property rights
10.1 Unless expressly stipulated otherwise in writing, any and all intellectual or industrial property rights in respect of the products, information and/or data, e.g. analyses, (technical) documentation, drawings and models, developed and/or made available for the preparation and/or the performance of an Event are exclusively vested in NCC or its contractors and/or suppliers.
10.2 The Customer is held to forthwith report any and all (alleged) infringements of intellectual or industrial property rights to NCC and/or its contractors and/or suppliers.
11. Closing provisions
11.1 Dutch law is applicable to these General Terms and Conditions and to each and every agreement in place between the Customer and NCC.
11.2 Any and all disputes that may arise as a result of the agreement between NCC and the Customer, or any agreement that may derive from the same, shall exclusively be settled by the competent court in Amsterdam. NCC is always authorised to designate a different statutorily competent court.