Introduction
Stichting Erfgoedcentrum Batavialand, hereinafter referred to as Batavialand, will do everything possible, within reason, to ensure that the visit to the shipyard and museum and the exhibitions and activities organized by Batavialand take place in accordance with the visitor’s wishes.
Batavialand will make every effort to minimize any nuisance or inconvenience to the visitor, as well as to ensure the safety of the visitor as much as possible.
GENERAL PROVISIONS: DEFINITIONS
Article 1.1
Batavialand shall mean the organization that manages and operates the shipyard with Batavia and the museum complex, including, but not limited to, the management and other officers authorized to act on behalf of this organization.
Article 1.2
‘The wharf with Batavia and the museum complex’ means the whole of spaces (built-up and unbuilt) that fall under the legal or management authority of the Batavialand management, including, but not limited to, wharf grounds, exhibition halls, auditoriums and meeting rooms, study center, canteens, restaurant, terrace, other outdoor space, depots and annexes.
Article 1.3
‘Visitor’ means any person who in any way, directly or indirectly, enters into an agreement with Batavialand for the purpose of entering the shipyard with the Batavia and museum complex and/or visiting an exhibition or attending an activity organized by Batavialand for regular visitors during regular opening hours.
Article 1.4
These General Visitor Terms and Conditions are applicable to every agreement between Batavialand and a visitor. The Terms and Conditions do not apply to special activities outside regular opening hours and/or aimed at visitors other than regular visitors, such as in the case of hall rental, catering and the like. These visitors are subject to the terms and conditions stated in the agreement made for the occasion.
TICKET SALES, OFFERS AND PRICES
Article 2.1
All quotations, statements or other information provided by Batavialand are non-binding. Batavialand accepts liability for possible errors made by the organization itself in prices, announcements or other information provided to the visitor. This liability applies only to information available within the organization at the time of the claim, or recently distributed by or on behalf of Batavialand. Batavialand is not liable for errors due to intent, fault or negligence of third parties.
Article 2.2
The visitor shall at all times be required to present the admission ticket and any card or voucher entitling him/her to a discount on the admission price to officials recognizable as such, including but not limited to attendants.
Article 2.3
The potential visitor is not entitled to obtain a refund of the admission fee or any other compensation in case of loss or theft of the admission ticket before entering the yard with the Batavia and the museum complex.
If a potential 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 certain time and/or date. An admission ticket once obtained cannot be exchanged. There will also be no refund of the admission price. The price of admission paid may however be refunded if circumstances beyond the control of the purchaser make it impossible to visit the museum, but this is at the discretion of the management.
Article 2.4
The potential visitor may be denied access to the wharf with the Batavia and the museum complex if it appears that the admission ticket, discount card or voucher has not been obtained from Batavialand or a body authorized to do so by Batavialand.
Article 2.5
Batavialand will refund the entrance fee and travel expenses actually paid by the visitor only if the visitor has to leave the shipyard with the Batavia and the museum complex prematurely due to an unannounced exercise in the context of the company emergency response plan (article 23 Arbowet), as well as in the case of an actual calamity resulting in the complete or partial evacuation of the shipyard with the Batavia and the museum complex.
STAY AT THE SHIPYARD, BATAVIA AND MUSEUM COMPLEX
Article 3.1
During their stay at the shipyard, the Batavia and the museum complex, visitors must behave in accordance with public order, good morals and the rules of decency applicable to the nature of the activity visited. The visitor is also obliged to immediately follow the directions and instructions given by Batavialand officials, including but not limited to attendants. If in the reasonable opinion of an authorised Batavialand official, who must be recognisable as such, the visitor violates these rules, directions or instructions in any way, the visitor may be denied further access to the shipyard with the Batavia and the museum complex, without the visitor having any right to reimbursement of the costs of the admission ticket or any other costs incurred.
Article 3.2
Children under the age of 12 may enter the shipyard, the Batavia and the museum complex only if accompanied by an adult. Parents or supervisors of children are at all times responsible and accountable for the behavior of children they bring with them. Groups of children and schoolchildren must be accompanied by one supervisor for every 10 children. Teachers and supervisors of groups are responsible for and accountable for the behavior of group members they supervise.
Article 3.3
Among other things, visitors are prohibited from entering the shipyard, the Batavia and the museum complex:
a. offer goods of any kind for sale to third parties, or provide them free of charge;
b. deliberately and prolongedly obstruct other visitors’ way or obstruct the view of exhibits;
c. disturb other visitors, including, but not limited to, by the use of cell phones, walkmans or other sources of noise nuisance; however, the use of such equipment may be explicitly permitted by Batavialand in certain areas;
d. bring (domestic) animals, unless they are explicitly permitted in certain areas or when they are (guide) dogs and accompany a visitor with an identification card;
e. smoking in all enclosed areas;
f. bring food and refreshments into the enclosed areas of the wharf, theBatavia and the museum complex;
g. in the opinion of an official of Batavialand recognizable as such, to carry dangerous objects or substances, including, but not limited to, walking sticks, umbrellas or large bags; these may be handed in at places to be designated by Batavialand. Bags and coats are not allowed in the study center in the museum;
h. to use wheelchairs, baby carriages and baby carriages, other than those made available by the museum or the shipyard, in enclosed areas to be designated for that purpose by Batavialand;
i. touch exhibited objects and exhibition materials such as display cases, lighting, partitions and the like, unless expressly and explicitly permitted. Parents or supervisors of children should strictly ensure that exhibited objects are not touched by the children they bring with them.
Article 3.4
In special cases where the general safety of persons or the collection reasonably requires it, a senior official of Batavialand, who must be recognizable as such, may request inspection of the (hand) luggage carried by the visitor.
Article 3.5
Other than with the prior written permission of the Batavialand Management Board, the visitor is prohibited from making photo, video or film recordings using lamps, flash units and tripods. It is also prohibited, other than with the prior written permission of the Batavialand Management Board, to publish or multiply these photo, video and film recordings in any way or medium whatsoever, including electronic media.
Article 3.6
It is possible to be filmed or photographed during your visit. Batavialand reserves the right to use this material for publication.
Article 3.7
Batavialand may deny access to Batavialand permanently or for a certain period of time to any visitor who, during one or more visits to a Dutch museum complex, has deliberately damaged an object, or who otherwise justifies the fear of damage. Batavialand may in any case subject this visitor to the measures mentioned in Article 3.4 of these Visiting Conditions on all his/her visits the decision to deny access must be communicated to this visitor immediately and with reasons, if possible in writing.
COMPLAINTS AND COMPLAINTS
Article 4.1
Batavialand will make every effort to ensure that visits to the shipyard with the Batavia and the museum complex or exhibitions and activities organized by Batavialand take place in accordance with the published offer; this includes the obligation to inform the public to the best of one’s ability about full, partial or early closure of the shipyard, the Batavia and the museum complex and/or exhibitions organized by Batavialand. Furthermore, Batavialand informs the potential public about nuisance-causing maintenance work, renovations or the (re)arrangement of spaces. The visitor can never derive a right to compensation from this.
Article 4.2
Advertising is not possible with respect to the following complaints and circumstances, which cannot be avoided by Batavialand, and therefore never lead to any obligation for compensation by Batavialand to the visitor:
a. complaints relating to the invisibility of objects from Batavialand’s permanent collection;
b. complaints relating to the partial closure of the shipyard, the Batavia and the museum complex, including, but not limited to, partial closure due to 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, inappropriate behavior, theft and molestation;
d. complaints and circumstances relating to nuisance or inconvenience caused by maintenance work, including but not limited to remodeling or the (re)furnishing of rooms;
e. complaints and circumstances relating to nuisance or inconvenience caused by the improper functioning of facilities on the wharf with the Batavia and the museum complex.
Article 4.3
Complaints and requests for recovery regarding the agreement between Batavialand and the visitor must reach Batavialand in writing within six weeks after the visit has taken place. Complaints and requests for recovery submitted after this period will not be considered.
Article 4.4
Batavialand will investigate the complaint and respond in writing within 30 days of receipt. If the investigation is not completed by then, the complainant will be notified of this and the probable time when it will be.
Article 4.5
Visitors may submit complaints, complaints and suggestions for improvement in writing by mail.
LIABILITY OF BATAVIALAND
Article 5.1
Batavialand can never be held liable for damage resulting from quotations, announcements or other forms of information provided by Batavialand and/or third parties to the Visitor, except if and insofar as such damage is the direct result of intent or gross negligence on the part of Batavialand and/or its staff.
Article 5.2
The visitor’s stay on the shipyard, the Batavia and in the museum complex is at his/her own expense and risk. Batavialand is liable only for material and/or consequential damage or injury sustained by the visitor that is the direct and exclusive result of wilful intent or gross negligence on the part of the organization, on the understanding that only damage for which Batavialand is insured, or should have been insured in all reasonableness and fairness, will be reimbursed.
Article 5.3
In no event shall Batavialand be liable to pay a higher amount of compensation than:
a. the admission price actually paid and travel expenses actually incurred or, if more;
b. the amount paid by Batavialand’s insurer to Batavialand in respect of the damage, or;
c. the compensation obtained in respect of the loss from another third party.
Article 5.4
Batavialand is never liable for damage caused to the visitor’s vehicles except if and insofar as the damage has occurred at the shipyard or in the museum complex and such damage is the direct result of intent or gross negligence on the part of Batavialand and/or its staff.
Article 5.5
Batavialand shall never be liable for any direct or indirect damage whatsoever resulting from any defect, any quality or circumstance on or in any immovable property of which Batavialand is the holder, leaseholder, lessee or owner or which is otherwise at Batavialand’s disposal, except if and insofar as such damage is the direct result of Batavialand’s and/or its staff’s wilful misconduct or gross negligence.
Article 5.6
If Batavialand takes delivery of goods or if goods are deposited, kept and/or left by anyone anywhere without Batavialand stipulating any compensation, Batavialand shall never be liable for damage to or in connection with goods in any way whatsoever unless Batavialand has deliberately caused damage, or the damage is the result of Batavialand’s gross negligence.
Article 5.7
Batavialand’s total liability for attributable failure to fulfill the visit agreement shall be limited to compensation for direct damage and shall in no event exceed the compensation arrangement described under 5.3.
Article 5.8
In case of damage due to death or bodily injury, Batavialand’s total liability will in no case exceed the indemnification scheme described under 5.3.
Article 5.9
Liability of Batavialand for indirect damage, including consequential damage, lost profits or wages, missed savings, etc., is excluded.
Article 5.10
The maximum amounts referred to in Article 5.3 shall lapse if and to the extent that the damage is the result of intent or gross negligence on the part of Batavialand or any of its officers.
OVERVIEW
Article 6.1
Force majeure for Batavialand, which means that any failure caused by it cannot be attributed to Batavialand, shall mean any unforeseeable circumstance that interferes with Batavialand’s performance of the agreement to such an extent that, temporarily or permanently, the performance of the agreement becomes impossible or difficult.
Article 6.2
Such circumstances shall include circumstances of persons and/or services and/or institutions used by Batavialand in carrying out the visit agreement,
as well as everything that applies to the aforementioned(s) as force majeure or suspensive or resolutive condition, as well as attributable failure of the aforementioned(s).
FOUND OBJECTS
Article 7.1
Objects found by visitors at the shipyard, the Batavia and the museum complex can be deposited at the Batavialand reception desk.
Article 7.2
Batavialand will make every effort to trace the owner or rightful claimant of the found object and will maintain regular contact with the local police to this end. Found objects of which, after six months in the custody of Batavialand, the owner or rightful claimant has not requested delivery will be handed over to the local police.
Article 7.3
In case the owner or rightful claimant of a found object comes forward, he/she has the choice of collecting the goods himself/herself or having them sent to him/her cash on delivery. In both cases, the owner or entitled party must provide proper identification.
OTHER REQUIREMENTS
Article 8.1
The applicability of these visiting conditions does not affect the possible applicability of other (contractual) conditions and/or regulations of Batavialand.
APPLICABLE LAW
Article 9.1
These Visitor Terms and Conditions and the agreement between the visitor and Batavialand are governed by Dutch law.
Article 9.2
All disputes arising from the agreement between the visitor and Batavialand shall be submitted exclusively to the court having jurisdiction in Lelystad. These Batavialand visiting conditions were adopted by the director on July 1, 2017. They will be made available to visitors to Batavialand upon request.