Filed with the Chamber of Commerce under registration number 18026213

Article 1 Applicability

1.1 These General Visitor Terms and Conditions are used by Stichting Popcluster, trading as 013 Poppodium (hereinafter referred to as "the company").

1.2 These General Visitor Terms and Conditions apply to every offer made by and every agreement entered into between the company and the person (hereinafter referred to as "the customer") who orders/purchases a ticket for an event organized by the company. These terms and conditions also apply if the agreement is made through an (official) (pre)sales organisation engaged by the company for the relevant event (hereinafter referred to as the "(pre)sales outlet"). Additionally, these General Visitor Terms and Conditions apply to anyone attending any event in the building or on the grounds, even if the person involved has not directly or indirectly entered into an agreement with the company.

1.3 For the purposes of these general terms and conditions, "event" means (musical) performances and/or other manifestations in the broadest sense of the word.

1.4 For the purposes of these General Visitor Terms and Conditions, "place where the event is held" means the actual location of the event as well as all surrounding grounds, spaces, fields, etc., that are part of the complex where the event takes place.

1.5 The applicability of any general terms and conditions of the customer is explicitly rejected.

Article 2 - Formation of the Agreement/Tickets

2.1 All offers, (program) announcements, statements, or other information and price quotes made by the company or by third parties are non-binding, and the company is not obligated to sell a ticket to a customer.

2.2 The agreement between the company and the customer is established at the moment the customer purchases a ticket for the event from the company or a (pre)sales outlet.

2.3 A ticket may consist of a physical or digital document provided by or on behalf of the company, containing a digital code that can be read by a scanner, or a digital code provided by or on behalf of the company that can be read by a scanner. The digital code is a unique code.

2.4 The ticket is issued once and grants access to one person.

2.5 The tickets are and remain the property of the company. A valid ticket grants the holder the right to attend the event. Only the holder of the ticket who presents the ticket first at the start of the event will be granted access. The company may assume that the holder of this ticket is also the rightful owner (the customer). The company is not obligated to perform any further verification concerning valid tickets. The customer must ensure that they are and remain the holder of the ticket issued by the company.

2.6 From the moment the ticket is made available to the customer, the risk of loss, theft, damage, or misuse of the ticket rests with the customer. The customer receives the ticket from the company or the (pre)sales outlet in a condition that allows the company to easily verify its authenticity/validity. The customer is required to present the ticket in the same condition upon the company’s first request before the event. If the ticket, for example, due to damage, can no longer be verified for authenticity/validity, the company has the right to refuse access.

2.7 Only purchasing from a (pre)sales outlet or the company guarantees the validity of the ticket. The burden of proof concerning the purchase from a (pre)sales outlet or the company lies with the customer.

2.8 The ticket, consisting of a physical or digital document with a digital code that can be read by a scanner or a provided digital code that can be read by a scanner, is provided to the customer via electronic communication. If the customer has chosen to receive the ticket in this way, the customer must ensure that this ticket can be provided via electronic communication and that it can be provided securely. The company cannot guarantee the confidentiality or receipt of the ticket.

2.9 If the customer has chosen to receive the ticket via postal mail, the customer must ensure that this ticket can be provided and that it can be provided securely. The company cannot guarantee the confidentiality or receipt of the ticket. If the ticket is not received, it is not the responsibility of the company. In that case, the customer must promptly contact the company or the (pre)sales outlet where the ticket was purchased, providing appropriate proof, so that the company can invalidate the purchased ticket in time and issue a new one. If the customer fails to do so, the company has the right to deny access.

2.10 The company reserves the right to set a maximum number of tickets that can be ordered per customer, and the customer is then obligated to adhere to the maximum set by the company.

2.11 The company reserves the right to adjust the ticket price for promotional purposes. Offers are not retroactively valid for tickets already purchased by the customer.

2.12 A ticket does not grant the right to access after 3 a.m. or after the event has ended.

2.13 The company or the (pre)sales outlet is entitled to charge the customer a fee on top of the ticket price to cover the costs involved in the formation of the agreement (hereinafter: service fees). Service fees are never eligible for a refund.

2.14 The company is entitled to condition the right of access on the requirement that the customer becomes a paying member of the company before attending the event.

2.15 The minimum age for access to concerts is 14 years, unless otherwise stated on the ticket. Visitors younger than 14 years old must be accompanied by an adult.

2.16 The minimum age for access to dance events is 18 years, unless otherwise stated on the ticket.

Article 3 - Prohibition of Resale

3.1 The customer is required to keep the ticket for an event for personal use and therefore may not resell, offer for sale, or provide it to third parties for commercial purposes in any way.

3.2 The customer may not advertise or engage in any (other) form of publicity related to the event and/or any part thereof if done with the intention of reselling the ticket. The company’s judgment that the intent is focused on resale is binding.

3.3 The customer may make their ticket available to third parties, provided this is not done for commercial purposes, and they impose the obligations placed on them as the customer, as stated in these General Visitor Terms and Conditions, including the prohibition of resale, on the person to whom they provide the ticket and guarantees to the company that this person(s) will comply with these obligations.

3.4 If the customer fails to meet one or more of their obligations as stated in the preceding paragraphs of this article and/or a breach of the guarantee occurs, the customer is liable to pay the company an immediately payable fine of €10,000 per violation (per ticket) and a fine of €5,000 for each day the violation has continued and continues, without prejudice to the company’s right to also demand compliance and/or (instead of the fine) compensation for the damage suffered or to be suffered.

3.5 A ticket that has been resold and/or used for commercial purposes may be invalidated by the company. An invalidated ticket does not grant the right to access the event, without the customer and/or holder having any right to a refund and/or compensation.

Article 4 - Other Obligations of the Customer

4.1 The customer is required, upon first request, both during the visit to the event and when ordering the admission ticket, to identify themselves in order to enable the company to fullfill its legal obligations related to events, including the obligation not to serve alcohol to persons under 18 years of age.

4.2 Unless otherwise organised by the company, the customer must possess a valid and undamaged admission ticket both before the event starts and during the event, as long as they remain at the venue where the event is held. The customer is required to present their admission ticket upon request by the operator of the venue, security personnel, and other authorised individuals.

4.3 The customer is obligated to cooperate with a search (including of any carried hand luggage) when requested while attending the event.

4.4 While at the venue where the event is taking place, the customer must behave in accordance with the company's house rules. The customer is required to immediately follow the instructions and/or directives of the company’s appointed officials, the operators of the venue, security personnel, the fire department, and other authorised individuals.

4.5 The customer is prohibited from the following actions:

a) Bringing photo, film, and other recording equipment to the event venue, under penalty of confiscation for the duration of the event. 

b) Recording the event in any form, including photography, filming, and making other audio and/or visual recordings, is prohibited, as is reproducing or copying from the program (booklet), posters, and other printed materials. All such recordings will be confiscated and destroyed without exception. 

c) Hanging posters inside or outside the building and distributing flyers in or around the building without prior permission. 

d) Smoking at the event venue, except in designated smoking areas. 

e) Stage diving or crowd surfing. The company is not liable for any consequences arising from the violation of this prohibition. 

f) Bringing glassware, plastic bottles, cans, fireworks, (fire)arms, and/or dangerous objects and/or food and/or (alcoholic) beverages to the event venue, under penalty of confiscation of these items. 

g) Dealing in soft or hard drugs or using hard drugs. Persons visibly under the influence of alcohol and drugs will not be admitted. 

h) Bringing items or substances considered dangerous and/or bothersome to other visitors, as determined by the company’s appointed personnel, to the event venue, under penalty of confiscation of these items. 

i) Wearing face-covering clothing for security reasons. A customer whose face is not visible may be denied entry to the venue. 

j) Bringing large (back)packs, child carriers on the back, strollers, or other large objects to the locations where the program is presented. 

k) Causing damage to the event venue. The customer is liable for any damage caused by them to or at the event venue. 

l) Offering goods of any kind to third parties for sale or for free. 

m) Disturbing other customers, including but not limited to inappropriate behavior (including violence, racist, fascist, sexist, and discriminatory remarks, unwanted advances, bothersome, and aggressive behavior) and theft. 

n) Bringing animals to the event venue. 

o) Causing inconvenience to the residents of the immediate vicinity of the company when entering or leaving the venue.

4.6 At some events, there is a platform for visitors who use a wheelchair or other aid. This platform must be kept clear for visitors with mobility limitations.

Article 5 - Rights of the Company

5.1 If the customer violates one or more provisions of these General Visitor Conditions, the customer is in default by law without requiring further notice of default, and the company is entitled to terminate the purchase agreement immediately and without judicial intervention and/or deny the customer further access to the event, for example, by invalidating the admission ticket. In the situations referred to in the previous sentence, the customer has no right to a refund of the amount paid for the admission ticket (including service charges) to the (pre)sales outlet/the company, nor to any other compensation. An invalidated admission ticket no longer grants the right to access the event. Holders of invalidated admission tickets have no right to a refund or any other form of compensation.

5.2 The company is entitled to permanently or temporarily deny access to the event venue to a customer who has violated the rules of these General Visitor Conditions during one or more previous visits to the location where the event is held, or when there is otherwise justified fear of damage caused by the customer. The company reserves the right to deny the customer further access to the event or to remove them from the event venue if the company reasonably deems it necessary to maintain peace and order during the event.

5.3 If it is suspected that the admission ticket has been forged, the company is entitled to deny the holder of this ticket further access to the event and to invalidate the ticket, without the customer or holder being entitled to any compensation for the damage suffered as a result.

5.4 The artist, the organizer who has rented the company’s venue, and/or the company are entitled to make or have made visual and/or audio recordings of the event and the venue where it takes place, including the audience, and to publish and reproduce these recordings. Persons appearing in the recordings hereby give their consent by attending the event, without claiming any compensation.

5.5 The company is entitled to adjust the regular opening hours for occasional emergency response drills (Article 23 of the Working Conditions Act) or, in the event of an emergency, for a partial or complete evacuation of the event venue deemed necessary by the company. Such an adjustment to the regular opening hours does not entitle the customer to a refund of any admission fee paid and/or compensation.

5.6 There is camera surveillance at the event venue. Camera footage is kept for a period determined by the company and will be made available to the police if necessary. Persons appearing in the recordings hereby give their consent by attending the event.

5.7 If deemed necessary by the company to maintain order and peace, the company has the right to deny a customer access to the event without the right to a refund and/or compensation if the customer arrives after the event has started.

Article 6 – Force Majeure

6.1 In these General Visitor Conditions, "force majeure" refers to all external causes, foreseen or unforeseen, over which the company has no control and which prevent the company from fulfilling its obligations. Force majeure includes, but is not limited to: disturbances, inconvenience and/or unlawful acts caused by third parties, including other visitors and/or performing artists; maintenance work; the malfunctioning of facilities; the presence of persons and/or objects obstructing the view; simultaneous events; and/or the allocation and distribution of standing or seating areas. Errors made by third parties, such as in announcements, communications, and/or price quotes regarding the event, are also considered force majeure. In the event of force majeure, there is no right to a refund and/or compensation.

6.2 In the case of force majeure in the broadest sense, including illness and/or cancellation of the artist(s), strikes, fire, adverse weather conditions, etc., the company has the right to reschedule the event to a later date or to cancel the event.

6.3 If the event is canceled by the company due to or in connection with force majeure before it begins, the company will only be obligated to refund the amount stated on the admission ticket, or if not stated, the amount (excluding service charges) that the customer paid to the company or the official (pre)sales outlet as referred to in Article 1.2. If an event is canceled by the company due to or in connection with force majeure after it has begun, the company will only be obligated to refund a portion of the amount, to be determined by the company, stated on the admission ticket, or if not stated, the amount (excluding service charges) that the customer paid to the company or the official (pre)sales outlet as referred to in Article 1.2. Refunds will take place no later than twelve weeks after the canceled date at a (pre)sales outlet, upon the customer’s submission of a valid and undamaged admission ticket for the (canceled) event to this (pre)sales outlet. Service charges or other damages will not be reimbursed. The customer also cannot claim (replacement) access to another event.

6.4 If the event is rescheduled by the company due to or in connection with force majeure, the admission ticket remains valid for the new date on which the event will take place. If the customer cannot or does not wish to attend the event on the new date, they are entitled to return their admission ticket to a (pre)sales outlet for a refund of the amount stated on the admission ticket by or on behalf of the company, or if not stated, the amount (excluding service charges) that the customer paid to the official (pre)sales outlet as referred to in Article 1.2. This refund will only be granted if the customer promptly submits a valid and undamaged admission ticket to the (pre)sales outlet. If the event is rescheduled to a later date, the customer cannot claim a refund if they do not return the admission ticket to the (pre)sales outlet within four weeks after the rescheduled date of the event, or before the new date of the event if it takes place less than four weeks after the original date. If the event is rescheduled to an earlier date than stated on the admission ticket, the customer’s right to a refund expires if they do not return their admission ticket to a (pre)sales outlet within four weeks after the (old) date stated on the admission ticket. Service charges or other damages will never be reimbursed. The customer also cannot claim (replacement) access to another event.

Article 7 - Liability of the Company

7.1 Entering the event venue and attending the event is at the customer's own risk, meaning that the company is not liable for any damage resulting from such entry or attendance, including damage from hearing, vision, and other physical impairments and/or injuries, unless there is intent or gross negligence on the part of the company.

7.2 The company is only liable for direct damage suffered by the customer that is the direct and exclusive result of a failure attributable to the company. However, only the damage against which the company is insured will be eligible for compensation, and in that case, only up to the amount reimbursed by the insurer. The company's liability is excluded (and therefore not eligible for compensation) for: 

a) damage resulting from the actions of third parties, including tenants of (spaces in or parts of) the venue where the event takes place and the persons engaged by these third parties; 

b) damage resulting from not following instructions given by the company's officials and from not complying with the house rules.

7.3 The company will strive to ensure that the program is carried out as much as possible according to the announced schedule. However, it is not liable for deviations from the schedule or for any (potential) damage that may result for the customer and/or third parties.

7.4 The company is also not liable for the content and the manner (quality) of the execution of the event program, including, explicitly, the length of the program.

7.5 The company is not liable for damage suffered by the customer due to loss or damage of the admission ticket.

Article 8 - Complaints

8.1 In case of complaints, the visitor can express them by filling out a designated form available at the company's Box Office or by sending the complaint as complete and detailed as possible to 013 Poppodium, P.O. Box 9022, 5000 HA Tilburg, addressed to the management, or by email to [email protected]. A condition for any right to compensation is that the customer reports the damage as soon as possible after it occurs, but no later than within eight days, in writing.

Article 9 - Lost and Found Items

9.1 Items found by the customer at the event venue can be handed in at the box office.

9.2 The company will take found items into custody and, in the case of valuable items, will hand them over to the local police.

9.3 If the presumed owner of a found item comes forward, they have the option to either collect the item in person or have it sent to them cash on delivery. In both cases, the owner must provide proper identification. If the company has doubts about the status of the presumed owner, it is entitled to request proof of ownership.

The company reserves the right to destroy or donate found items that have not been collected after three months.

Article 10 – Cashless Payments

10.1 Purchases are paid for by debit card. If desired, cash can be loaded onto a designated (digital) card.

10.2 Previously purchased drink tokens are valid for one year, with the exception of tokens issued in 2019. These are valid until one year after reopening, set on September 1, 2022.

Article 11 - Terms of Use for the Company’s Cloakroom

11.1 If the company provides a cloakroom, it reserves the right to refuse the storage of items in the cloakroom, including objects that, in the sole opinion of the company, are of excessive size. A fixed fee per item is charged for the use of the company’s cloakroom. Only coats, scarves, bags, hats, helmets, and umbrellas are accepted for storage in the cloakroom. Except for bags, no objects are allowed to be stored inside them.

11.2 One receipt is provided per item stored. Items will only be returned upon presentation of this receipt.

11.3 The company does not wish to enter into a storage agreement for items (including their contents) with a (total) value exceeding €150. Items (including their contents) with a (total) value exceeding €150 are not permitted to be stored in the cloakroom. The person using the cloakroom guarantees that the value of the item being stored does not exceed €150 and cannot and will not hold the company liable for any loss or damage exceeding €150.

11.4 The company’s liability is at all times limited to €150 per item stored in the cloakroom (including contents). The company is not liable for any damage other than damage to or in connection with the loss of the item itself, and therefore not for indirect and/or consequential damages.

11.5 The customer who stores an item in the cloakroom indemnifies the company against any damage caused by the item (including its contents).

11.6 Items stored will be kept by the company only for the duration of the relevant event. The customer is obliged to collect the items stored in the cloakroom before leaving the venue where the event is held; failing to do so, the company reserves the right not to return the items. Any storage agreement ends when the venue closes, following the storage of the item.

Article 12 - Personal Data

12.1 The company processes personal data of customers and visitors of its website(s) in accordance with the Data Protection Act.

Article 13 - Final Provisions

13.1 These General Visitor Terms and Conditions and any agreement between the customer and the company are governed by Dutch law.

13.2 All disputes arising from these General Visitor Terms and Conditions, the agreement between the company and the customer, or any agreement resulting from it, shall be exclusively resolved by the competent court in The Netherlands.