TERMS AND CONDITIONS AND VISITOR RULES OF THE PRIVATE LIMITED
COMPANY
DIGITAL ART CENTER B.V.
Digital Art Center B.V., with its registered office and place of business at
Willemsplein 79, Rotterdam (3016 DR), filed with the Chamber of Commerce under number
77390113 on 18 August 2021.
Article 1 – Definitions
In these terms and conditions (“the terms and conditions”), the following terms shall have the meanings set out below:
- visitor: a natural person who attends an experience
organised by the organiser, with or without a valid ticket; - experience: the ‘Remastered’ experience, located at Willemsplein 79, Rotterdam
, in the Spido building, operated by or on behalf of Digital Art Center; - customer: a visitor or any other person who uses the website www.remastered.nl
(including the ticket shop and online shop) and/or the physical Remastered store at the experience
venue, or any other person who enters into an agreement
with Digital Art Center; - location/time: the place and time agreed with the visitor for the delivery of
an experience (or part thereof); - organiser: the legal entity, hereinafter referred to as ‘Digital Art Centre’, which organises (or arranges for others to organise) the
experience, in the broadest sense of the word; - admission ticket: an admission ticket or any other similar form of admission
(e.g. a personal invitation) entitling a visitor
to access the Digital Art Center experience.
Article 2 – General
- These terms and conditions apply to all visitors and to the formation,
content and performance of any agreement(s) entered into between the
visitor and Digital Art Center. - If any provision of these visitor rules is void or is set aside, the remaining provisions of
these visitor rules shall remain in full force and effect,
and the visitor and Digital Art Center shall enter into consultation with a view to
agreeing on new
provisions to replace the void or annulled provisions, whilst taking into account as far as possible the purpose and intent of the void or
annulled provision.
Article 3 – Performance of the contract
- Digital Art Center undertakes to organise the event, as well as its preparation,
production and delivery, to the best of its ability. - The opening hours for the experience are communicated by
Digital Art Center via its website and/or other advertising channels and/or
direct communication by or on behalf of Digital Art Center. Any (incorrect) publication
of opening hours is not at the risk or expense of Digital Art Center and cannot be invoked
by the visitor. The aforementioned opening hours
may, at the sole discretion of Digital Art Center, be changed at any time and without
prior notice, without the
visitor being entitled to a refund of the ticket price. If, due to the
change, the visitor is unable to visit the experience on the day
for which the admission ticket is valid, the admission ticket may be exchanged
for an admission ticket valid on another day.
Article 4 – Admission tickets
- Ticket prices are published by Digital
Art Center on its website www.remastered.nl and/or via other advertising channels and/or
direct communications by or on behalf of Digital Art Center. The above
prices may, at Digital Art Center’s sole discretion, be amended at any time and
without prior notice. Any (incorrect)
publication of ticket prices by third parties is not at Digital Art Center’s risk or
expense and cannot be invoked by the visitor. - Tickets are available exclusively on the website www.remastered.nl or from an
official Digital Art Center reseller. - Visitors are only permitted
to enter the Digital Art Center experience upon presentation of a valid ticket. - Tickets
issued by or on behalf of Digital Art Center remain the property of Digital Art Center. - Digital Art Center guarantees the authenticity of the
admission ticket only if the visitor has purchased it via the Digital Art
Center website (www.remastered.nl) or from an authorised sales agent (engaged or appointed by
Digital Art Center). - Visitors are prohibited from selling, transferring or providing admission tickets for the experience to third parties in any
way whatsoever, in the
broadest sense of the term, for or in connection with commercial purposes. In
the event of a breach of this prohibition, Digital Art Center is entitled to deny the visitor and/or ticket
holder access to the experience. In such
a case, Digital Art Center is entitled to recover all resulting damages
and/or costs from the visitor or ticket holder. - Visitors are required to retain their admission ticket until the end of the
experience. Visitors are required to present their
admission ticket upon first request by Digital Art Center or
by third parties engaged by it, including the venue
operator and security staff, in the broadest sense of the term. - If a visitor leaves the venue after entering it,
the admission ticket will cease to be valid. In such cases, Digital Art Center
is entitled to deny the visitor further access to the experience and to remove the
visitor from the premises. In such cases, the visitor is not entitled to
a refund of the purchase price of the admission ticket. - Unless otherwise stated in the terms and conditions, Digital Art Center is under no
obligation to refund or exchange an unused ticket,
nor is the visitor entitled to a refund or any other compensation for
a lost or stolen ticket.
Article 5 – Visitors’ obligations and the powers of the Digital Art Centre
- Visitors acknowledge and agree that, for
security reasons, Digital Art Center staff are entitled to search visitors to the experience, or
to have their handbag or luggage checked, and that visitors are
obliged to comply with such a request. If the visitor does not voluntarily
comply, Digital Art Center is entitled to deny the visitor access to the
experience. - Visitors are encouraged to take
photos and/or videos during the experience for personal use, provided that only mobile phones
or DSLR/compact cameras are used. Additional accessories such as selfie sticks,
tripods, lights, flashes and other professional (video) equipment are not
permitted and may not be used without the prior written
consent of Digital Art Center. - Visitors are prohibited from bringing any photographic, filming or other recording equipment – in the
broadest sense of the term – into the experience for the purpose of making
recordings for or in connection with commercial purposes, unless prior
permission has been obtained from Digital Art Center. In the event of a breach of
this prohibition, Digital Art Center is entitled to confiscate such equipment for the duration of the
experience. Furthermore, in the event of
a breach of this prohibition, Digital Art Center is entitled to
deny the visitor (further) access to the experience. Any commercial or brand-related material recorded or
released without written permission remains the property of Digital Art Center
and must be treated as such. The publication of the aforementioned unauthorised material by commercial entities will be met
with legal action. - Digital Art Center is entitled to destroy any seized recordings, films and tapes, in
the broadest sense of the term. - Digital Art Center reserves the right to deny visitors (further) access to the experience or
to remove them from the venue (or have them removed) if Digital Art Center deems this
necessary to maintain peace and order during the experience. - Visitors are not permitted to carry glassware, plastic bottles, tins, fireworks, or firearms and/or knives on or in the vicinity of the venue, on pain
of these items being confiscated. In the event of a breach of this prohibition, Digital Art
Center may refuse the visitor (further) entry. - Visitors are not permitted to carry alcoholic beverages on or
near the premises, on pain of confiscation of such items. In the event of
a breach of this prohibition, the Digital Art Center may refuse the
visitor (further) entry. - The venue is smoke-free and smoking is
not permitted anywhere in the building. Food and/or drink are only permitted in the designated
areas. - Visitors are obliged to comply with, or immediately follow, all
instructions and/or regulations issued by Digital Art Center or by third parties engaged by
it, including, but not limited to, the venue
operator, the fire service and security staff, all in the broadest sense of
the term.
Article 6 – Sale of products in-store and online –
- Digital Art Center sells merchandise and other products in the physical
Remastered Store at the experience venue and online via its website
www.remastered.nl. - Any item referred to in Article 6.1 purchased by a customer at the physical
Remastered Store at the experience venue may be exchanged at the Remastered Store within 14 days of
purchase upon presentation of a
receipt or other proof of payment, provided that the item
purchased is faulty or defective. - The Thuiswinkel General Terms and Conditions apply to all (online) distance
contracts between Digital Art Center and the customer. This specifically
concerns the right of withdrawal, payment methods, delivery charges, dispute resolution
and other terms and conditions.
Article 7 – Cancellation
- Digital Art Center is entitled to cancel the experience or to
change the venue or time should any of the circumstances referred to in Article 9 of these
terms and conditions arise. Digital Art Center shall in no circumstances be liable for any loss or damage suffered by the visitor
as a result. - Should any of the circumstances referred to in paragraph 1 arise, Digital Art Center
shall publicise this as widely as possible in an accurate and diligent manner.
Article 8 – Liability and excess
- Visitors are liable to the Digital Art Centre for any
damage they cause. Each member of a group of visitors is jointly and severally liable to the Digital
Art Centre for any damage caused by the group or any member thereof. - Visitors
enter the venue and attend the experience at their own risk, in the sense that Digital Art Center shall in no
circumstances be liable for any damage suffered by the visitor, including but not limited to hearing,
vision and/or other physical impairments, except in cases of wilful misconduct
or gross negligence. - Parents or guardians of children are at all times responsible for and
liable for the behaviour of the children in their care. Teachers and group
leaders are jointly responsible and jointly and severally liable,
without prejudice to their collective responsibility and collective
liability, for the behaviour of the members of the group they are supervising. - DAC shall under no circumstances be held liable for indirect losses or damage.
DAC’s liability is excluded in cases such as:
a) damage resulting from the actions of third parties, including
persons and tenants of the building (or premises within the building) and
third parties engaged by such tenants;
b) damage resulting from failure to follow instructions given by officials
and/or staff due to non-compliance with generally accepted
standards of decency;
c) damage caused in any way by other visitors. - Digital Art Center shall also not be liable for any damage resulting from
deviations from the advertised schedule of the experience. - If a situation arises as described in Article 5(1), (2), (5) and (6),
the visitor shall not be entitled to a refund of the ticket
price. - In the circumstances referred to in Article 5(3) of these terms and conditions, the visitor shall under no circumstances
be entitled to claim damages and/or reimbursement of costs.
Article 9 – Force majeure
- DAC uses high-tech equipment such as projectors, sensors, amplifiers
and speakers. Projections are provided by high-end media servers and
interactivity is calculated in real time. On occasion, parts of the experience may not be
available due to technical faults or power cuts. Any failure by Digital Art
Center to fulfil the agreement cannot be
attributed to it if such failure is not due to its fault, nor is it its
responsibility under the law,
agreements or generally accepted commercial practice. - Failure by Digital Art Center to perform its obligations under the agreement as
a result of transport disruptions, delays in, or restrictions on or
cessation of supplies by public utility companies, fire, pandemic,
machinery breakdown and other accidents, strikes, lockouts, industrial action by
trade unions, other government measures, failure by third parties to supply necessary materials and semi-finished products, wilful misconduct or gross negligence on the part of
agents or other third parties engaged, and other similar circumstances shall be deemed not attributable to Digital Art Center and
shall not entitle the visitor to any compensation.
Article 10 – Privacy and intellectual property
- The privacy of its customers is of the utmost importance to Digital Art Center. Please refer
to Digital Art Center’s Privacy Statement on the website www.remastered.nl. - The visitor acknowledges and agrees that Digital Art Center may take photographs and video footage (in which the visitor may be
visible) during the
experience for publicity and/or commercial purposes, and that such photographs and
video footage are the (intellectual) property of Digital Art Center. - Visitors may only take photographs or record videos within the experience for
personal use. Visitors acknowledge and agree that any photographs or
video footage from the experience that they have made public
(for example, on social media) are the intellectual
property of Digital Art Center and may be used by Digital Art Center for publicity and/or
commercial purposes.
Article 11 – Complaints
- Any complaints from visitors and/or customers can be submitted to Digital Art Center by email
(info@remastered.nl).
Article 12 – Governing law and disputes
- All agreements between Digital Art Center and visitors are governed by Dutch
law. - Any disputes arising from this agreement or from any further agreements entered into
in pursuance thereof shall fall within the exclusive jurisdiction of the Subdistrict Court or the District Court
in Rotterdam. - If and to the extent that one or more provisions of these terms and conditions are, at any time,
wholly or partially void or set aside, the remaining provisions of
these terms and conditions shall remain in full force and effect.