Terms and Conditions
GENERAL TERMS AND CONDITIONS GOVERNING VISITS TO THE RAILWAY MUSEUM
The Railway Museum will do its utmost within the bounds of reasonableness to ensure that visits to the museum complex and the exhibitions and activities organised by The Railway Museum take place in accordance with the visitor’s requirements.
The Railway Museum will make every effort to keep any nuisance or inconvenience to the visitor to a minimum. Furthermore, The Railway Museum shall guarantee the visitor’s safety as much as possible.
General provisions: definitions
‘The museum’ and ‘The Railway Museum’ shall mean the organisation that manages and operates the museum complex, including but not limited to the board of directors, curators and other museum officers who are authorised to act on behalf of the organisation.
The ‘museum complex’ shall mean all spaces (both built-up and undeveloped) that fall under the legal or management capacity of The Railway Museum’s board of directors, including but not limited to exhibition halls, worlds, conference rooms, restaurants, waiting rooms, terraces, garden, other outside areas, marshalling yard, platforms, depots and annexes.
Visitor’ shall mean anyone who, either directly or indirectly, enters into an agreement with The Railway Museum in any form, the aim of which is to gain admission to the museum complex and/or to visit an exhibition or attend an activity organised by The Railway Museum on behalf of ordinary visitors during regular opening hours.
These General Terms and Conditions Governing Visits to The Railway Museum apply to any agreement between The Railway Museum and a visitor. They do not apply to special activities outside regular opening hours and/or designed for visitors other than ordinary visitors, such as the exclusive use of museum spaces, catering arrangements and suchlike.
Ticket sale, offers and prices
Any and all quotations, information communicated or otherwise provided by The Railway Museum are binding. The Railway Museum shall accept liability for any errors made by the museum itself in quotations, information communicated or otherwise provided to the visitor. Said liability only applies to the museum’s own information material present in the museum at the time of the claim or recently distributed by or on behalf of The Railway Museum. The Railway Museum is not liable for errors attributable to intentional or wrongful acts or negligence on the part of third parties.
Upon request visitors shall at all times be obliged to present the admission ticket and any ticket or voucher entitling them to a discount on the admission price to officers recognisable as such, including but not limited to public services staff members.
Potential visitors are not entitled to a refund on the admission price or any other compensation in the event of loss or theft of the admission ticket before they have entered the museum complex.
In the event that a potential visitor does not use the pre-purchased admission ticket, this will be at the expense and risk of the visitor; this also applies if the admission ticket only applies to a specific time and/or date. Once an admission ticket has been purchased, it cannot be exchanged. The admission price cannot be refunded.
Potential visitors may be refused admission to the museum complex if it appears that their admission tickets, reduced admission tickets or vouchers have not been purchased from The Railway Museum or any agency authorised to do so on behalf of The Railway Museum.
The Railway Museum shall only refund visitors the actual admission price paid if they have been forced to prematurely leave the museum complex on account of an unannounced museum emergency response exercise (Section 23 of the Dutch Working Conditions Act [Arbo-wet]) or in the event of an actual emergency, due to which part of or the entire museum must be evacuated.
Group bookings and guided tours;
agreement, payment terms and conditions, cancellations and the exceeding of time
A confirmation of any group booking or guided tour issued by The Railway Museum shall be valid until the stated date on which the written agreement should be signed and returned. This shall apply unless parties agree otherwise in writing. In any event, no rights may be derived by the purchaser from this agreement after this period.
An agreement for a booking between The Railway Museum and the purchaser shall become effective when the issued confirmation has been accepted in writing or orally by the purchaser within the term mentioned in Article 3.1.
In the event of bookings, the purchaser shall fulfil his payment obligations, without any deduction, discount or set-off, within the period that has been agreed upon in writing. In the event that no period has been stated or further agreed upon, payment shall take place by the purchaser within 14 days as from the invoice date. In the event of non-payment within these terms, the purchaser shall be in default towards The Railway Museum without further notice of default being required.
The purchaser shall pay the amounts due in conformity with the method of payment that has been confirmed in the confirmation of booking. Any deviations to this shall only be possible after the consent in writing from The Railway Museum.
In the event that the purchaser does not pay the amounts due within the periods of time mentioned in Article 3.3, the purchaser shall be in default towards The Railway Museum. As from that moment onwards, the legal interest plus 3% shall be due by the purchaser to The Railway Museum. Furthermore, The Railway Museum shall have the right to suspend any further execution of the agreement or to extrajudicially dissolve the agreement, without prejudice to the right of The Railway Museum to claim any additional or replacement compensation from the purchaser, which in all events includes the full invoice amount.
In the event of an assignment granted collectively, the purchasers shall be jointly and severally bound to pay the full amount of the invoice.
Any and all extrajudicial (collection) costs reasonably (including the costs of a collection agency, bailiff and/or lawyer) incurred by The Railway Museum as a result of the non-fulfilment by the purchaser of his payment obligation, shall be charged to the purchaser assuming a minimum percentage of 15% of the outstanding receivables with a minimum of EUR 200. The purchaser is also bound to pay The Railway Museum all costs of judicial proceedings, in any instances, including the costs of legal assistance or counsel, agents and/or bailiffs.
After the conclusion of the agreement as described in Article 3.3, the purchaser shall in the event of cancellation have to pay the full percentages of the full invoice amount for group arrangements and tours without the exclusive and private use of spaces at the museum that take place during the regular opening hours of the museum:
- more than 3 business days before the date agreed for the execution of the agreement 0%;
- within 3 business days before the date agreed for the execution of the agreement 100%.
The cancellation required by the purchaser may be in writing only.
In the event that the purchaser or any persons invited by the purchaser are not present at The Railway Museum at the agreed time, the additional costs incurred by The Railway Museum as a result of that shall be passed on to the purchaser. All this without prejudice to the right of The Railway Museum in such case to cancel the activities in conformity with the stipulations in Article 3.8.
Visit to the museum complex
While visiting the museum complex visitors are required to act in accordance with public order and public morality and to observe the standards of decency applicable to the nature of the activity visited. Visitors are furthermore obliged to follow promptly the directions and instructions given by The Railway Museum’s officers recognisable as such, including but not limited to public services staff members.
If in the reasonable view of an authorised officer of The Railway Museum, who should be recognisable as such, visitors breach these standards, directions or instructions in any way whatsoever, they will be asked to leave the museum complex without having any right to reimbursement of the costs of the admission ticket or any other costs incurred.
Children’s parents or supervisors are at all times responsible and accountable for the conduct of the children and other group members they take along to the museum. The teachers and supervisors are responsible and accountable for the conduct of the group members they are supervising.
In the museum complex visitors are inter alia prohibited from:
- offering goods of any nature whatsoever for sale to third parties or providing such goods free of charge;
- intentionally and persistently obstructing the route or obstructing the view of the objects on display;
- causing a nuisance to other visitors by using such equipment as, for example, mobile telephones, walkmans or other sources of noise disturbance; the use of such equipment may, however, be explicitly permitted in certain spaces by The Railway Museum;
- taking along animals and pets, unless explicitly permitted in certain spaces or if the animals are guide dogs (for the blind) and the guide dog is accompanying the relevant visitor who holds an identity card;
- smoking in all spaces other than the spaces intended for that purpose and designated as such by means of signs or text;
- bringing along food and drinks in enclosed spaces in the museum complex (World 1, 2, 3 and the waiting rooms);
- taking along objects or substances, including but not limited to walking sticks, umbrellas or large bags, to be identified as dangerous according to the judgement of any officer of The Railway Museum who is recognisable as such; these should be handed in at a location designated by The Railway Museum.
- using wheelchairs, prams and buggies in enclosed spaces designated by The Railway Museum, other than those made available by the museum;
- touching objects on display and exhibition material, such as display cabinets, lighting, partition walls and suchlike, unless explicitly permitted. Children’s parents or supervisors must strictly ensure that the children in their care do not touch the objects on display. Infants must be held by hand or taken along in a buggy; teachers and the supervisors of groups must similarly ensure that the group members they are supervising or accompanying do not touch the objects on display;
- climbing, vandalizing or scratching the rolling stock;
- climbing signal posts, fences, and suchlike.
In special cases in which the general safety of people or the collection reasonably requires this, a supervising official of The Railway Museum, who should be recognisable as such, may require inspection of any (hand) baggage carried by visitors. If considered necessary, specially trained personnel may, moreover, ask the visitor upon entering or leaving the museum complex to cooperate in a security search. The potential visitor will be warned before entering the museum complex that this measure is operative.
The visitor may not make photographic, video or film shots with the use of lamps, flash equipment and tripods, unless the previous, written permission is given by the board of directors of The Railway Museum.
Furthermore, it is prohibited to make public or reproduce these photographic, video and film shots in whatever way and with whatever medium, which includes electronic media, without the previous, written permission from the board of directors of The Railway Museum.
Entrance to the museum complex can be denied for good or for a definite period to a visitor who has during one or more previous visits to a museum deliberately damaged an object or who warrants fear of damage; the museum may in any case subject this visitor to the measures mentioned in Article 4.4 of these General Conditions and Terms Governing Visits to The Railway Museum. The decision to deny access should be made known to this visitor immediately and with explanations, if possible in writing.
Complaints and claims
The Railway Museum will do everything possible to let the visit to the museum complex or the exhibitions and events organised by The Railway Museum take place according to the published offer; this includes the obligation to inform the public as clearly as possible about total, partial or advanced closure of the museum complex and/or exhibitions organized by The Railway Museum. Moreover, The Railway Museum will inform the potential public about maintenance, refurbishment or (re)designing work of spaces. The visitor may never derive any right to compensation from this.
Claims cannot be made relating to the following complaints and circumstances that The Railway Museum is unable to avoid, which therefore will never result in any obligation on the museum’s part to pay compensation to visitors:
- complaints concerning objects in The Railway Museum’s permanent collection not being on view;
- complaints concerning the partial closure of the museum complex, including but not limited to partial closure as a result of setting up or taking down exhibitions or events;
- complaints and circumstances relating to any disturbance or inconvenience caused by other visitors, including but not limited to any noise disturbance resulting from setting up exhibitions or events;
- complaints and circumstances relating to any disturbance or inconvenience caused by other visitors, including but not limited to any noise disturbance, inappropriate conduct, theft and hooliganism;
- complaints and circumstances relating to any disturbance or inconvenience caused by maintenance work, including but not limited to refurbishments or the (re)designing of spaces;
- complaints and circumstances relating to any disturbance or inconvenience caused by facilities in the museum complex not functioning properly.
Complaints about and claims for a refund concerning the agreement between The Railway Museum and the visitor should be submitted to The Railway Museum in writing within six weeks after the visit has taken place. Complaints and claims for a refund submitted after the above time limit shall not be processed. A complaints form accompanies these General Terms and Conditions Governing Visits to The Railway Museum.
The Railway Museum will investigate the complaint and respond in writing within 30 days of receipt. If the investigation has not been completed within that period, the complainer will be informed thereof and at the same notified of the expected completion date.
The visitor should submit complaints, claims and suggestions for improvement in writing by completing the relevant form attached to these General Terms and Conditions Governing Visits to The Railway Museum.
The museum’s liability
The Railway Museum can never be held liable for any damage arising from quotations, information communicated or other forms of information provided by The Railway Museum and/or third parties to visitors, except if and to the extent that such damage is the direct result of an intentional act or gross negligence on the part of The Railway Museum and/or its staff member.
Visitors visit the museum complex at their own expense and risk. The museum is only liable for damage to property and/or consequential damage or injury sustained by visitors arising directly and solely from an intentional act or gross negligence on the museum’s part, on the understanding that visitors will only be entitled to compensation for damage for which the museum is or should have been insured in accordance with the principles of reasonableness and fairness.
Under no circumstances whatsoever is The Railway Museum obliged to pay a higher amount of compensation than:
- the admission price actually paid or, if higher:
- the amount paid by the insurer to The Railway Museum in respect of the damage, or
- the compensation obtained from another third party in respect of the damage.
The Railway Museum can never be held liable for any damage sustained by the visitors’ vehicles, except if and to the extent the damage has arisen in the museum complex and is the direct result of an intentional act or gross negligence on the part of The Railway Museum and/or its staff members.
The Railway Museum can never be held liable for any direct or indirect damage whatsoever arising directly or indirectly from any defect, any quality or condition pertaining to, in or on any property of which The Railway Museum is the holder, leaseholder, lessee or owner, or which is otherwise at the disposal of The Railway Museum, except if and to the extent that the damage has arisen directly as a result of an intentional act or gross negligence on the part of The Railway Museum and/or its staff members.
If The Railway Museum takes receipt of goods or if goods are deposited, held in storage and/or left behind anywhere in any way whatsoever and by whomever without The Railway Museum stipulating a fee for such deposit or storage, The Railway Museum may never be held liable for any damage to or in connection with goods arising in any manner whatsoever unless The Railway Museum has wilfully inflicted the damage, or the damage can be attributed to gross negligence on the part of The Railway Museum.
The Railway Museum’s full liability on account of a culpable breach of the visit agreement is limited to compensation for direct damage and on no account will exceed the compensation arrangement described in 6.3 above.
In the event of a loss arising from death or physical injury, The Railway Museum’s full liability will on no account exceed the compensation arrangement described in 6.3 above.
The Railway Museum’s liability for indirect losses, including consequential losses, loss of income, lost profit or wages, missed savings, etc. is excluded.
The maximum amounts specified in Article 6.3 will cease to apply if and to the extent that the damage has arisen from an intentional act or gross negligence on the part of The Railway Museum and/or its officers.
For The Railway Museum force majeure, which renders The Railway Museum inculpable of any consequential breach, applies to every unforeseen circumstance impeding the performance of the agreement by The Railway Museum, such that the performance of the agreement has been rendered temporarily or permanently impossible or inconvenient.
Such circumstances are also understood to mean circumstances concerning people and/or services and/or organisations The Railway Museum uses for the performance of the visitor’s agreement as well as all matters that qualify as force majeure or as suspensive or resolutive conditions for the above parties, and a culpable breach on the part of the above parties.
Any items found in the museum complex by visitors should be handed in to the museum information desk.
The Railway Museum will make every effort to trace the owner of or the party entitled to the item found, and to that end will maintain regular contact with the local police. Items found that have not been claimed by the owner or the entitled party within six months of having been handed in to The Railway Museum for safekeeping will be handed over to the local police.
In the event the owner of or the party entitled to a found item contacts the museum, they may either choose to collect the items themselves or have the goods returned cash on delivery. In both cases the owner or entitled party is required to present genuine proof of identify.
The applicability of these General Terms and Conditions Governing Visits to The Railway Museum does not affect the applicability of other (contractual) conditions and/or rules stipulated by The Railway Museum.
Complimentary, but not substituting, the internal rules of The Railway Museum shall apply to these General Terms and Conditions.
Dutch law shall apply to these General Terms and Conditions Governing Visits to The Railway Museum, and to the agreement between the visitor and The Railway Museum.
All disputes arising from the agreement between the visitor and The Railway Museum will be resolved exclusively by the competent court in Utrecht, the Netherlands.
These General Terms and Conditions Governing Visits to The Railway Museum have been stipulated by The Railway Museum and have been registered with the Chamber of Commerce of Utrecht and Surroundings in Utrecht on 1 July 2009 under number 411.78.462.
The Director of The Railway Museum.
Nicole Kuppers, Interim Director