General terms & conditions

NBV: Nederlandse Bachvereniging (Netherlands Bach Society)
Subscription Holder: any natural person or legal entity that buys a subscription for a concert given by NBV
Single-ticket Buyer: any natural person or legal entity that buys a single ticket (in the form of a paper ticket or e-ticket) from NBV, whether directly or through an intermediary, for a concert given by NBV
Time to Consider: the period within which consumers can make use of their right to cancellation
Consumer: natural persons who are not acting for purposes connected to their commercial, business, trading or professional activities
Venue Operator: any natural person or legal entity that operates a venue and hires it out to NBV for the performance of concerts by NBV
Client: any natural person or legal entity that engages NBV to give a concert
Agreement: any agreement that is concluded by NBV with another party
Agreement at distance: an agreement that is concluded online through the NBV website between a consumer and NBV
Performers: those who actually perform the concerts given by NBV, whether or not employed by NBV
Other Party: any natural person or legal entity with whom NBV concludes an agreement itself or through a third party, or negotiates such an agreement, including at least venue operators, subscription holders, clients, single-ticket buyers and consumers.

A) GENERAL PROVISIONS

1 Applicability
1 These Terms and Conditions are part of all Agreements and are applicable to all NBV’s acts and legal acts related to those Agreements.
1.2 The applicability of Terms and Conditions or stipulations of the Other Party are expressly rejected by NBV.
1.3 Changes and/or additions to any provision of the Agreement and/or the Terms and Conditions will only apply if they are agreed in writing by NBV and will only apply to the Agreement in question.

IDENTITY OF THE COMPANY
Nederlandse Bachvereniging (Netherlands Bach Society), hereinafter referred to as “NBV”.

Location address: Plompetorengracht 21, 3512 CB Utrecht
Postal address: Postbus 295, 3500 AG Utrecht
Telephone number Customer Services: +31 (0)30 - 25 13 413
Available: Monday to Friday, 09.30 -12.30
E-mail: info@bachvereniging.nl
Dutch Chamber of Commerce number: 41192180
VAT identification number: NL007085126B01

2 Offers for and conclusion of Agreements
2.1 An offer or quotation is not binding for NBV and counts only as an invitation to enter into an Agreement.
2.2 An Agreement is only concluded if and insofar as it is accepted in writing by NBV or if NBV implements an Agreement.

3 Prices and payment
3.1 Prices are based on the applicable circumstances during the conclusion of the Agreement, such as government subsidies, Performers’ fees, wage costs, social security contributions, import and export duties, excise duties, levies and taxes levied directly or indirectly on NBV and/or charged to NBV by third parties. If there should be a change in these circumstances after the conclusion of the Agreement, yet prior to its implementation, NBV is entitled to charge the costs arising from this to the Other Party. In the case of a price increase within three months of concluding the Agreement, the Other Party is entitled to dissolve the Agreement.
3.2 After the conclusion of the Agreement, NBV is authorised to correct obvious mistakes and errors in the brochures and offers.
3.3 Payment must be made within the agreed term after the invoice date, without the Other Party being able to claim settlement. Neither is the Other Party entitled to defer its payment obligations, unless the Other Party submits the dispute to the jurisdiction of the competent court stated in Article 9, within 2 months of the date on which the obligation in question becomes payable.
3.4 In the case of late payment by the Other Party, the Other Party is in default, without any demand or default notice being required. In that case, all debts, in any respect whatsoever, are immediately due and payable to NBV by the Other Party. If payment in instalments has been agreed, in the case of default of the Other Party with regard to one of those instalments, all the remaining unpaid instalments will be immediately due and payable.
3.5 On all amounts that have not been paid by the final date of the payment term, from that date the Other Party will owe default interest equal to the legal interest rate then applicable in the Netherlands, increased by a surcharge of 2%.
3.6 If the Other Party is in default towards NBV, it is obliged to compensate NBV in full for the extrajudicial and judicial costs. The extrajudicial costs amount to at least 15% of the amount that remains unpaid, with a minimum of EUR 100, plus the VAT owed on that amount.

4 Complaints/Liability
4.1 NBV is responsible to the Other Party for delivering what has been agreed.
4.2 Complaints about deficiencies in the NBV’s implementation of the Agreement must be reported in writing to NBV within 8 working days of the deficiency arising. No complaint can be made about the fact that NBV, as a consequence of force majeure as set out in Article 5, has to change the concerts or has to use other Performers.
4.3 On condition that the complaint made by the Other Party is prompt, correct and justified, NBV can choose to offer a similar performance free of charge or to refund the agreed price.
4.4 Both the contractual liability and the legal liability of NBV are restricted at all times to direct damage to the Other Party, either to persons or things. NBV is therefore not liable, either by law or under the terms of the Agreement, for so-called indirect damage and consequential loss that may be suffered by the Other Party, including loss consequential on business interruption and immaterial damage.
4.5 Without prejudice to the previous paragraph, the contractual liability and the legal liability of NBV are restricted at all times to the amount paid out by NBV’s insurance company for the case in question.
4.6 Unless the damage is caused by the wilful intent or gross negligence of NBV, the Other Party will indemnify NBV against all claims by third parties related to the Agreements concluded between them, and will reimburse NBV for all damage suffered by NBV as a consequence of such claims.

5 Force majeure
5.1 Force majeure is understood to mean a shortcoming for which NBV cannot be held accountable, whereby NBV cannot fulfil its obligation towards the Other Party in whole or in part, or cannot reasonably be expected to do so, irrespective of whether this circumstance could have been foreseen at the time the Agreement was concluded. These circumstances include: strikes, blockades, actions by the fire brigade/police in the direct vicinity of the building of the Venue Operator, the lack of any permit to be obtained from the authorities, a necessary change of plan as a result of external circumstances, including the no-show of any of the Performers of the concert (e.g. due to illness), and should the Venue Operator not comply with (or be unable to comply with) an Agreement concluded with NBV.
5.2 In that case, the Other Party is not entitled to any compensation or damages, even if NBV has any benefit as a consequence of the force majeure.
5.3 If NBV cannot fulfil its obligations towards the Other Party due to force majeure, NBV can choose whether to change the concert programme or the Performer(s), to cancel the concert on restitution of the agreed price or to move the concert to another date to be determined by NBV, or else (more generally) to postpone its obligations to the Other Party.

6 Default/dissolution
6.1 In the case of (provisional) moratorium, bankruptcy, closure or liquidation of the Other Party (or its company), all Agreements will be legally dissolved, unless NBV communicates, within a reasonable term, its wish to fulfil the Agreement(s) in whole or in part.
6.2 In the case of default of the Other Party or in one of the cases stated in paragraph 1 of this Article, NBV is authorised to postpone the implementation of each Agreement and/or to dissolve any Agreement in whole or in part.
6.3 The provisions in Articles 6.1 and 6.2 do not detract from the other rights of NBV by law and under the terms of the Agreement.
6.4 In the event of a situation as stated in (i) 6.1 or (ii) 6.2 respectively, (i) all debts owed to NBV by the Other Party by virtue of the Agreement(s) concerned and (ii) all debts owed to NBV by the Other Party are immediately payable in full, and NBV is entitled to terminate the implementation of the Agreement concerned.

7 Intellectual property rights
7.1 Concerning NBV’s implementation of the Agreement, the Other Party will have no right to intellectual property whatsoever.
7.2 The Other Party is not permitted to make visual or sound recordings of the concert performance, or have them made, without the express permission of NBV. For each violation of this condition, the Other Party will owe an immediately payable fine of EUR 25,000 per occurrence.

8 Applicable law, competent court
8.1 These Terms and Conditions, as well as the Agreement, will be governed by and construed in accordance with the laws of the Netherlands.
8.2 All disputes arising from the Agreement or these Terms and Conditions will be subject, insofar as not otherwise prescribed by law, to the judgement of the competent court in Amsterdam, on the understanding that NBV is entitled to institute proceedings against the Other Party regarding debts, whether or not at the same time, with other courts of justice that are competent in dealing with such debts.

B) ADDITIONAL CONDITIONS FOR THE SUBSCRIPTION HOLDER AND THE SINGLE-TICKET BUYER

9 Orders/tickets
9.1 A subscription must be ordered as described in the season brochure of the season concerned or on the NBV website. Single tickets must be ordered as described in the relevant publicity material.
9.2 Subscription orders are dealt with as described in the season brochure of the season concerned.
9.3 Single-ticket orders are dealt with in order of receipt, when subscription sales have finished.
9.4 The risk of loss or theft of a ticket is borne by the Subscription Holder/Single-ticket Buyer. A duplicate ticket may be given to the Subscription Holder/Single-ticket Buyer at the discretion of NBV. If applicable, any costs arising from this are paid by the Subscription Holder/Single-ticket Buyer.
9.5 The sale and reservation of subscriptions and single tickets, as well as the seating plan and allocation of seats, is at the sole discretion of NBV, and is determined by NBV or by the Venue Operator on behalf of NBV.
9.6 In some cases, tickets may exchanged or returned, in agreement with NBV.

10 Inconvenience/discomfort
10.1 During the performance of a concert, NBV is entitled at all times to make television, CD, radio, video or other audiovisual recordings, or have them made by third parties, to set up the necessary equipment in the concert hall and to change the seating plan if necessary, even if this should lead to inconvenience, discomfort or a restricted view of the stage for the Subscription Holder/Single-ticket Buyer.
10.2 NBV will endeavour to limit any inconvenience, discomfort or restricted view of the stage for the Subscription Holder/Single-ticket Buyer as far as reasonably possible. Insofar as the cooperation or permission of the Venue Operator is necessary for this, NBV cannot be held responsible if this cooperation or permission is not given.

11 Details of Subscription Holder/Single-ticket Buyer
11.1 Details of the Subscription Holder/Single-ticket Buyer, including the details of name, address and town/city of the Subscription Holder/Single-ticket Buyer, which are registered in connection with the sale of subscriptions and single tickets are stored in a database under the General Data Protection Regulation (GDPR).
NBV processes personal data in providing its service. NBV attaches great importance to processing personal data with care and in accordance with the legal requirements. Personal data is stored solely for the purpose of:
• the provision of services by the Netherlands Bach Society and the implementation of agreements;
• contact and information, or providing information about relevant services;
• marketing activities, such as newsletters, invitations to performances/events and other marketing communication that may be of importance;
• improving the quality of the services and activities of the Netherlands Bach Society;
• conducting the business operations of the Netherlands Bach Society, including policy development and effective management;
• following the rules and regulations that are applicable to the Netherlands Bach Society.

Personal data is processed as follows:
• personal details/identification details at the start of the service: surname, first names, gender, address, town/city, telephone number, e-mail address and bank account number;
• details concerning visit to the NBV website;
• details given with regard to attending performances/events or meetings, such as accessibility and dietary requirements.

The Netherlands Bach Society processes personal data on the basis of the following principles:
• implementation of the agreement or service;
• permission from the party/parties concerned;
• fulfilment of a legal obligation;
• legitimate interest.

12 Recordings during concerts for All of Bach
Some concerts by the Netherlands Bach Society are recorded for our project All of Bach. If you attend one of these concerts, it means you give permission to be filmed, unless you notify us in writing in advance by e-mail (via info@bachvereniging.nl) or tell the Communication and Sales department at the concert entrance that you do not give permission. We will then take the necessary steps at the location. If you have any questions about this disclaimer or wish to review your permission, please contact our Communication and Sales department through info@bachvereniging.nl or 030 - 251 3413 (on weekdays between 09.30 and 12.30).

The recordings are published on our website and on our YouTube channel. Images may also be used for marketing purposes of the Netherlands Bach Society.

C) ADDITIONAL CONDITIONS FOR THE VENUE OPERATOR AND THE CLIENT

13 Transfer of rights and obligations, and transfer of control
13.1 Without prior written permission, parties are mutually unauthorised to transfer their rights and obligations, in whole or in part, to a third party or to have the Agreement implemented, in whole or in part, by a third party, with the exception of the NBV’s entitlement to transfer the collection of debts from the Venue Operator/Client.
13.2 If, after the conclusion of the Agreement, control of all or a significant part of the NBV’s activities is transferred to a third party, directly or indirectly, or if control at the Venue Operator/Client is transferred to a third party, directly or indirectly, NBV is entitled to unilaterally terminate the Agreement, in whole or in part, without judicial intervention, by registered letter with a one-month period of notice, without being liable for any compensation. However, this right will lapse if NBV does not assert it within fourteen days of the transfer concerned being brought to its attention.