General terms and conditions

1. GENERAL PROVISIONS 

1.1 The following terms (both singular and plural) shall have the following meanings in these General Terms and Conditions: 

a. General Terms and Conditions: these General Terms and Conditions of IDFA; 

b. Visitor: a party entering into an Agreement with IDFA in order to attend an Event and/or purchase other Products; 

c. Event: a public or private event, such as but not limited to a performance of an artistic nature, including but not limited to a film screening, exhibition, and/or live event organised by IDFA; 

d. Venue: the location where an Event is held; 

e. Organiser: the party responsible for the production and/or organisation of an Event; 

f. Agreement: the agreement between IDFA and you as a Visitor and/or as a purchaser of one of IDFA's products; 

g. The Parties: The Visitor and IDFA jointly; 

h. IDFA: Stichting International Documentary Film Festival Amsterdam, with its registered office in Amsterdam and its offices at Vondelpark 3, Amsterdam (business register number:  41193868). 

i. Transaction number: number linked to a specific Visitor or purchase, which must be stated in a purchase confirmation in order to allow exchange for a ticket or part of a ticket; 

j. Products: all products offered by IDFA, including tickets, vouchers and goods; 

k. Ticket: an admission ticket to an Event; 

l. Voucher: an IDFA festival voucher that is used in promotions and distributed to IDFA's business relations, which is properly certified as a value cheque and is issued exclusively by IDFA.  A Voucher can be exchanged for a performance with a regular ticket price during an IDFA Event. 

1.2 These General Terms and Conditions apply to and form an integral part of each reservation and/or purchase of Products by the Visitor. 

1.3 In the case of Events, the Agreement is also subject to the general terms and conditions of the proprietor of the relevant Venue.  In the event of any conflict between the provisions of the Agreement or these General Terms and Conditions and the terms and conditions referred to in the previous sentence, the provisions of the Agreement or these General Terms and Conditions will prevail. A copy of the general terms and conditions of the proprietors of the Venues is available on request from the proprietors of the relevant venues, including information on the accessibility of a Venue (see also https://festival.idfa.nl/en/pr...). 

1.4 The applicability of any general terms and conditions of the Visitor, including general terms and conditions of purchasing, is hereby expressly rejected. 

2. PAYMENT METHODS 

The following payment methods are possible: 

a. When purchasing through the IDFA website: iDEAL, Maestro, Mastercard, VPAY, Visa and the National Cinema Voucher; 

b. By chip & PIN at the till.  

3. FORMATION OF THE AGREEMENT 

3.1 The Agreement is definitively formed upon payment by means of iDEAL, Maestro, Mastercard, VPAY eVisa, or by means of a National Cinema Voucher, if and as soon as IDFA has received the payment from the Visitor, or authorisation of the payment.  The Visitor immediately receives confirmation of the purchase by email.  

3.2 It is not possible to make changes to, cancel or terminate a definitively formed Agreement in the matter of Tickets. 

4. VOUCHERS 

4.1 If the Visitor wishes to pay for their purchase of Tickets with a Voucher, they can make their purchase online using a voucher code, or exchange the Voucher for a standard ticket at the ticket office. 

4.2 Vouchers cannot be exchanged for cash, including in the event of bankruptcy of IDFA, for example.  Vouchers are valid in the year of issue. 

5. TICKETS 

5.1 The Tickets supplied by IDFA are and remain the property of IDFA. Tickets are supplied by IDFA to the Visitor subject to the condition that, without prior written permission from IDFA, the Visitor is at no time permitted to: 

a. resell the Tickets to third parties or provide the Tickets in any other way, directly or indirectly, to third parties for commercial purposes; 

b. offer the Tickets in commercial communications in any way whatsoever or refer to the Tickets in any other way. 

5.2 IDFA reserves the right at all times to refuse reservations from Visitors who are suspected of or have been found to have infringed the above prohibition. 

5.3 In the event that a maximum number has been set for Tickets that may be reserved for an Event, IDFA reserves the right to cancel reservations that exceed this maximum for Tickets reserved in excess of the maximum. 

5.4 Each visitor to an Event must have a valid Ticket. 

6. AMENDMENTS/CANCELLATIONS 

6.1 IDFA is at all times entitled to relocate and/or otherwise change the Event in whole or in part. If the Event is relocated and/or otherwise changed by IDFA, the Ticket will remain valid for the changed Event and/or the new Venue where the Event will take place.  If IDFA issues new tickets for the changed Event and/or new venue, the Visitor's Ticket will become invalid. In the event of relocation of and/or change(s) to the Event, the Visitor will be entitled to return their Ticket to IDFA for a refund of the Ticket price paid. A Visitor wishing to do so must return the Ticket undamaged to IDFA no later than 5 (five) working days after the date on which the Event was scheduled to take place.  

6.2 IDFA is at all times entitled to cancel the Event in whole or in part. If the Event is cancelled by IDFA, the Visitor will be entitled to return their Ticket to IDFA for a refund of the Ticket price paid. A Visitor wishing to do so must return the Ticket undamaged to IDFA no later than 5 (five) working days after the date on which the Event was scheduled to take place. 

6.3 If relocation or cancellation of the Event is the result of Force Majeure, the provisions of Article 7.7 will apply. 

7. LIABILITY 

7.1 If and to the extent that the Event is cancelled by IDFA, the Organiser or the proprietor of the Venue, IDFA will never reimburse the Visitor more than the price of Tickets, insofar as this has been demonstrably paid to IDFA. Any additional costs paid by the Visitor for the services of IDFA will not be reimbursed.  In such cases, IDFA will never accept liability for any other direct or indirect damage, costs incurred, and/or expenses. 

7.2 IDFA can never be held liable for damage resulting from death, injury, accidents, harm, loss, damage or theft caused to the Visitor during or as a result of a visit to the Event or the Venue. 

7.3 IDFA can never be held liable for any errors in offers, programme content, announcements, communications or other information, quotations and/or tickets provided by IDFA and third parties to the Visitor. 

7.4 In the event of damage suffered by the Visitor or any third party involved as a result of any failure by IDFA in the performance of the Agreement, IDFA will only be liable for direct damage, and then only if the damage in question is the result of gross negligence or intent on the part of IDFA or its staff.  

5 In the event that IDFA is obliged to pay any compensation on the basis of any failure, its liability shall be limited to the costs of the Ticket paid by the Visitor. 

7.6 IDFA's liability for damage resulting from work carried out by third parties on behalf of the Visitor, performed at the instructions of IDFA, shall be limited to the amount that the third party in question owes IDFA as compensation. IDFA will do everything that can reasonably be expected of it — and the Visitor will provide all cooperation that can reasonably be expected of them — to obtain the highest possible compensation from the third party concerned.   

7.7 If and to the extent that IDFA is unable to fulfil its obligations towards the Visitor in whole or in part as a result of Force Majeure, the Agreement will be dissolved without either party being entitled to any compensation as a result. 

7.8 The term Force Majeure shall be deemed to include, among other things: war, terrorist threats, danger of war and riots, epidemics, restrictive measures imposed by government agencies in the Netherlands and foreign governments, the death of one or more members of the Royal Family, fire, strikes, failure of and damage to equipment and equipment operating systems, traffic congestion, transport strikes, flooding, lockouts, sabotage and, in general, all unforeseen circumstances both in the Netherlands and abroad, as a result of which compliance with the agreement can no longer reasonably be expected of IDFA. 

7.9 IDFA accepts no liability whatsoever for indirect damage, damage due to loss of the Products, Tickets, and/or Vouchers, or parts thereof, for any reason whatsoever. 

7.10 The Visitor will be liable for all damage to the Venue, equipment, guests, staff, and/or third parties caused by the actions of the Visitor and/or persons present at or near the Venue on behalf of the Visitor. 

8. INTELLECTUAL PROPERTY RIGHTS 

8.1 All intellectual property rights relating to the name, logo, and any text and music of IDFA, including advertising music, as well as relating to the business formula used by IDFA in general, are vested in IDFA. The Visitor is not permitted to make these public, directly or indirectly, and/or to reproduce or otherwise use them or link to them, except with the prior written consent of IDFA. 

8.2 All intellectual property rights relating to the name of the Event, the venue, logos, and the like are vested in IDFA, the Organiser, the original rights holders of the Event in question, and/or the proprietor of the venue. The Visitor is not permitted to make these public, directly or indirectly, and/or to reproduce or otherwise use them or link to them, except with the prior written consent of the relevant rights holders. 

9. RULES OF CONDUCT 

During their visit to an Event, the Visitor must behave in accordance with the law and social norms and must follow the directions and instructions of security personnel and other staff. The Visitor must also comply with the applicable rules of conduct relating to the Event and the Venue, such as, but not limited to: 

a. It is prohibited to bring photographic, video, audio, and/or other recording equipment to the Venue. The Visitor is also not permitted to have a mobile phone switched on during performances. If and insofar as such equipment is nevertheless found, IDFA or the proprietor of the Venue reserves the right at all times to confiscate such equipment and to refuse the Visitor access to the Venue without any right to a refund and/or compensation; 

b. It is prohibited to bring food, drinks, glassware, plastic or glass bottles, cans, fireworks, weapons and other dangerous objects to an Event and/or the Venue. The Organiser and the proprietor of the Venue reserve the right at all times to search Visitors to the Event upon entering the Venue. IDFA, the Organiser and the proprietor of the Venue reserve the right to refuse access to the Venue to a Visitor who refuses to cooperate with the aforementioned search and/or who infringes the aforementioned prohibition, without any right to a refund and/or compensation; 

c. IDFA and the proprietor of the Venue reserve the right at all times to refuse Visitors to the Event access to the Venue without any right to a refund and/or compensation, if and insofar as it becomes apparent that the Ticket was not obtained through IDFA or through other (pre)sale addresses authorised by IDFA; 

d. IDFA and the proprietor of the venue reserve the right at all times to refuse access to the venue to Visitors who arrive after the start of the Event, without any right to a refund and/or compensation; and/or 

e. IDFA and the proprietor of the Venue reserve the right at all times to make or commission the making of video and/or audio recordings of the Event. The Visitor declares that they are familiar with and agree to the foregoing and hereby waives the right to object to the use of their portrait/likeness in the context of the publication and reproduction of the aforementioned recordings. 

10. ADDITIONAL PROVISIONS 

10.1 If any article in the General Terms and Conditions or the Agreement should at any time become null and void or annulled, the General Terms and Conditions or the Agreement shall remain in force in all other respects. In such cases, the parties will agree on a provision regarding the invalid or void article that most closely approximates the intentions of the parties in the Agreement or the General Terms and Conditions. 

10.2 Additions or amendments to the Agreement or the General Terms and Conditions can only be made in writing. 

10.3 Any complaints from the Visitor regarding the services provided by IDFA must be made in writing to IDFA's customer service department (info@idfa.nl), which will process them within two weeks. 

10.4 All disputes arising from the Agreement or the General Terms and Conditions shall be settled in accordance with Dutch law and shall in the first instance be brought before the competent court in the district of Amsterdam.