Visitor Terms and Conditions

This English translation is provided for information purposes only. In the event of any difference in interpretation, the Dutch version shall prevail.
 

The complete text of these Visitor Terms and Conditions can be read at our museum locations. These terms and conditions can also be downloaded from our website, www.museumdefundatie.nl, and/or requested by telephone from the PR & Marketing Department via the general telephone number +31 (0)572 388 188.

Under these Visitor Terms and Conditions, the museum may ask visitors, upon entering and/or leaving the building, to cooperate with a security check or personal security search.

Museum de Fundatie will, within reasonable limits, do everything possible to ensure that visits to the museum complex and to the exhibitions and activities organised by Museum de Fundatie take place in accordance with the visitor’s wishes. Museum de Fundatie will make every reasonable effort to minimise any inconvenience or nuisance to visitors and to safeguard visitor safety as far as possible.

Article 1.1
In these terms and conditions, “the museum” and “Museum de Fundatie” mean the organisation that manages and operates the museum complex. This includes, but is not limited to, the management, curators, gallery attendants and other museum staff who are authorised to act on behalf of this organisation.

Article 1.2
In these terms and conditions, “the museum complex” means all indoor and outdoor areas that fall under the legal authority or management authority of the management of Museum de Fundatie. This includes, but is not limited to, exhibition rooms, auditoriums and meeting rooms, restaurant, coffee room, terrace, garden, park, other outdoor areas, storage areas and branches.

Article 1.3
In these terms and conditions, “visitor” means any person who, in any way, directly or indirectly, enters into an agreement with Museum de Fundatie for the purpose of entering the museum complex and/or visiting an exhibition or attending an activity organised by Museum de Fundatie. For regular visitors, this applies during regular opening hours.

Article 1.4
These general Visitor Terms and Conditions apply to every agreement between Museum de Fundatie and a visitor. These terms and conditions do not apply to special activities outside regular opening hours and/or activities aimed at persons other than regular visitors, such as room hire, catering and similar activities.

Article 2.1
Prices, announcements and other information provided by Museum de Fundatie are provided on a non-optional basis, subject to the provisions of this article. Museum de Fundatie accepts liability for any errors made by the museum itself in prices, announcements or other information provided to visitors. This liability applies only to the museum’s own information material that is present in the museum at the time of the claim, or that has recently been distributed by or on behalf of Museum de Fundatie. Museum de Fundatie is not liable for errors caused intentionally, through fault or through negligence by third parties.

Article 2.2
Visitors are required at all times, upon request, to show their admission ticket and any card or voucher that entitles them to a discount on the admission price to clearly recognisable museum officials, including but not limited to gallery attendants.

Article 2.3
A potential visitor is not entitled to a refund of the admission price or to any other compensation in the event of loss or theft of the admission ticket before entering the museum complex. If a potential visitor does not use a pre-purchased admission ticket, this is at the visitor’s own expense and risk. This also applies if the admission ticket is only valid for a specific time and/or date. Once obtained, an admission ticket cannot be exchanged. The admission price will not be refunded. However, the paid admission price may be refunded if circumstances beyond the buyer’s control make the museum visit impossible. This is at the discretion of the management.

Article 2.4
A potential visitor may be refused access to the museum complex if it becomes clear that the admission ticket, discount card or voucher was not obtained from Museum de Fundatie or from an organisation authorised by Museum de Fundatie.

Article 2.5
Museum de Fundatie will refund the admission price actually paid by the visitor, and any travel costs incurred, only if the visitor has to leave the museum complex early because of an unannounced emergency response drill as referred to in Article 23 of the Dutch Working Conditions Act, or in the event of an actual emergency that requires the museum complex to be fully or partly evacuated and the visitor is no longer able to continue the museum visit afterwards.

Article 3.1
During their stay in the museum complex, visitors must behave in accordance with public order, public decency and the standards of conduct that apply to the nature of the activity being visited. Visitors must also immediately follow the directions and instructions given by clearly recognisable Museum de Fundatie staff, including but not limited to gallery attendants.

If, in the reasonable opinion of an authorised and clearly recognisable Museum de Fundatie staff member, a visitor acts in any way contrary to these standards, directions or instructions, the visitor may be denied further access to the museum complex. In that case, the visitor is not entitled to a refund of the admission ticket or to compensation for any other costs incurred.

Article 3.2
Parents or supervisors of children are at all times responsible for, and may be held accountable for, the behaviour of the children they bring with them. Teachers and group supervisors are responsible for, and may be held accountable for, the behaviour of the group members they supervise.

Article 3.3

Visitors are prohibited, among other things, from doing the following in the museum complex:

a. offering goods of any kind for sale to third parties, or providing such goods free of charge;
b. deliberately and for a prolonged period blocking the way for other visitors or obstructing their view of exhibited objects;
c. disturbing other visitors, including but not limited to causing nuisance through the use of mobile phones, personal music players or other sources of noise. The use of such equipment may, however, be expressly permitted by Museum de Fundatie in certain areas;
d. bringing pets or other animals, unless these are expressly permitted in certain areas or if they are guide dogs or assistance dogs accompanying a visitor with an identification pass;
e. smoking in all enclosed areas, except in areas specifically designated for this purpose by pictograms or written signs;
f. bringing food or drinks into the enclosed areas of the museum complex;
g. bringing objects or substances that, in the opinion of a clearly recognisable Museum 
de Fundatie staff member, may be dangerous. This includes, but is not limited to, walking sticks, umbrellas or large bags larger than A3 size. These items may be handed in at a location designated by Museum de Fundatie;
h. using wheelchairs, pushchairs and buggies in enclosed areas designated by Museum de Fundatie, other than those made available by the museum. The use of mobility scooters is not permitted in the museum complex. In such cases, Museum de Fundatie will provide a wheelchair and the accompanying person may enter the museum complex free of charge;
i. touching exhibited objects or exhibition materials such as display cases, lighting, partitions and similar items, unless this is clearly and explicitly permitted. Parents or supervisors of children must strictly ensure that the children they bring with them do not touch exhibited objects. Small children must be held by the hand or transported in a buggy. Teachers and group supervisors must likewise ensure that the group members they supervise do not touch exhibited objects.

Article 3.4
In special cases where the general safety of persons or the collection reasonably requires it, a senior Museum de Fundatie staff member, who must be clearly recognisable as such, may ask to inspect the hand luggage or other baggage carried by a visitor. If this is considered necessary, specially educated and trained staff may also ask visitors, when entering or leaving the museum complex, to cooperate with a security search. Potential visitors will be informed before entering the museum complex if this measure is in force.

Article 3.5
Unless prior written permission has been granted by the management of Museum de Fundatie, visitors are not permitted to make video or film recordings. Visitors are permitted to take photographs without flash and without using a tripod.

Article 3.6
The museum may permanently or temporarily refuse access to the museum complex to any visitor who, during one or more previous visits to a museum complex in the Netherlands, has intentionally damaged an object or has otherwise given reason to fear that damage may occur. In any case, the museum may subject such a visitor, during all visits, to the measures referred to in Article 3.4 of these Visitor Terms and Conditions. The decision to refuse access must be communicated to this visitor immediately and with reasons, in writing where possible.

Article 4.1
Museum de Fundatie will do everything possible to ensure that visits to the museum complex and to exhibitions and activities organised by Museum de Fundatie take place in accordance with the published offer. This includes the obligation to inform the public as well as possible about full, partial or early closure of the museum complex and/or exhibitions organised by Museum de Fundatie. Museum de Fundatie will also inform potential visitors about maintenance work, renovations or the installation or rearrangement of rooms that may cause nuisance. Visitors may never derive any right to compensation from this.

Article 4.2
The following complaints and circumstances do not give rise to any right to compensation:

a. complaints relating to objects from the Museum de Fundatie collection not being on display;
b. complaints relating to the partial closure of the museum complex, including but not limited to partial closure due to the installation or dismantling of exhibitions;
c. complaints and circumstances relating to nuisance or inconvenience caused by other visitors, including but not limited to noise nuisance, inappropriate behaviour, theft, vandalism or aggressive behaviour;
d. complaints and circumstances relating to nuisance or inconvenience caused by maintenance work, including but not limited to renovations and/or the installation or rearrangement of rooms;
e. complaints and circumstances relating to nuisance or inconvenience caused by facilities in the museum complex not functioning properly.

Article 4.3
Complaints and requests for reimbursement concerning the agreement between Museum de Fundatie and the visitor must be submitted to Museum de Fundatie in writing within six weeks after the visit took place. Complaints and claims submitted after this period will not be considered. A complaint form is available with these Visitor Terms and Conditions.

Article 4.4
Museum de Fundatie will investigate the complaint and reply in writing within 30 days of receipt. If the investigation has not yet been completed by then, the complainant will be informed of this, as well as of the expected time at which the investigation will be completed.

Article 4.5
Visitors may submit complaints, claims and suggestions for improvement in writing by completing a form available at the ticket desk.

Article 5.1
Museum de Fundatie is never liable for damage resulting from prices, announcements or other forms of information provided to visitors by Museum de Fundatie and/or third parties, unless and insofar as such damage is the direct result of intent or gross negligence on the part of Museum de Fundatie and/or its staff.

Article 5.2
The visitor’s stay in the museum complex is at the visitor’s own risk and expense. The museum is liable only for property damage and/or consequential damage suffered by the visitor, or for injury caused to the visitor, where such damage or injury is the direct and exclusive result of intent or gross negligence on the part of the museum. Only damage for which the museum is insured, or for which it should reasonably and fairly have been insured, is eligible for compensation.

Article 5.3
In no event is Museum de Fundatie obliged to pay a higher amount in damages than:

a. the admission price actually paid and the travel costs actually incurred; or, if higher,
b. the amount paid to Museum de Fundatie by its insurer in respect of the damage; or
c. the compensation obtained from another third party in respect of the damage.

Article 5.4
Museum de Fundatie is never liable for damage caused to visitors’ vehicles, unless and insofar as the damage occurred on or in the museum complex and is the direct result of intent or gross negligence on the part of Museum de Fundatie and/or its staff.

Article 5.5
Museum de Fundatie is never liable for any direct or indirect damage resulting directly or indirectly from any defect, quality or circumstance relating to any immovable property of which Museum de Fundatie is the holder, leaseholder, tenant or owner, or which is otherwise at the disposal of Museum de Fundatie, unless and insofar as the damage is the direct result of intent or gross negligence on the part of Museum de Fundatie and/or its staff.

Article 5.6
If Museum de Fundatie accepts goods, or if goods are deposited, stored and/or left behind in any way, anywhere and by anyone, without Museum de Fundatie charging any fee for this, Museum de Fundatie is never liable for damage to or in connection with such goods, however caused, unless Museum de Fundatie intentionally caused the damage or the damage is the result of gross negligence on the part of Museum de Fundatie.

Article 5.7
The total liability of Museum de Fundatie for an attributable failure to perform the visitor agreement is limited to compensation for direct damage and will in no event exceed the compensation arrangement described in Article 5.3.

Article 5.8
In the event of damage resulting from death or physical injury, the total liability of Museum de Fundatie will in no event exceed the compensation arrangement described in Article 5.3.

Article 5.9
Liability of Museum de Fundatie for indirect damage, including consequential damage, loss of profit or wages, lost savings and similar damage, is excluded.

Article 5.10
The maximum amounts referred to in Article 5.3 do not apply if and insofar as the damage is the result of intent or gross negligence on the part of Museum de Fundatie or one of its officials.

Article 6.1
Force majeure on the part of Museum de Fundatie, meaning that any resulting failure cannot be attributed to Museum de Fundatie, includes any unforeseeable circumstance that makes the performance of the agreement by Museum de Fundatie so difficult that performance is temporarily or permanently impossible or unreasonably burdensome.

Article 6.2
Such circumstances also include circumstances affecting persons, services and/or institutions used by Museum de Fundatie in the performance of the visitor agreement, as well as anything that qualifies for those persons, services or institutions as force majeure or as a suspensive or resolutive condition, and any attributable failure by them.

Article 7.1
Objects found by visitors in the museum complex may be handed in at the ticket desk.

Article 7.2
Museum de Fundatie will make every reasonable effort to identify the owner or rightful claimant of the found object and, for this purpose, will maintain regular contact with the local police. Found objects that have been held by Museum de Fundatie for six months without being claimed by the owner or rightful claimant will be handed over to the local police.

Article 7.3
If the owner or rightful claimant of a found object comes forward, they may choose either to collect the item themselves or to have it sent to them at their own expense. In both cases, the owner or rightful claimant must provide proper identification.

Article 8.1
The applicability of these Visitor Terms and Conditions does not affect the possible applicability of other contractual terms and/or regulations of Museum de Fundatie.

Article 8.2
In the event of an emergency, Museum de Fundatie staff may decide to evacuate the visitors present from the museum complex. Visitors must follow the instructions of staff and proceed to the assembly point. For Heino/Wijhe, this is the western garden. For Zwolle, this is the Potgietersingel car park.

Article 8.3
The cloakroom present in the museum complex is unattended. The management cannot be held liable for loss of and/or damage to personal items.

Article 8.4
Of the items sold in our museum shop, only books that are still in new condition may be exchanged. This is possible within eight days of purchase. Cash refunds are never given.

Article 9.1
These Visitor Terms and Conditions and the agreement between the visitor and Museum de Fundatie are governed by Dutch law.

Article 9.2
All disputes arising from the agreement between the visitor and Museum de Fundatie will be submitted exclusively to the court with jurisdiction over the municipality of Wijhe.

B. von Bormann
Director / Managing Director
Museum de Fundatie

Photography: Hans van Eijsden