Article 1: Definitions
In these general terms and conditions, the following definitions shall apply:
a. Offer: any offer by LSC to enter into an Agreement;
b. Activities: any activities, of any nature whatsoever, organised directly and/or indirectly by LSC and to which the Participant gains access and/or in which the Participant participates;
c. Participant: the natural person not acting in the exercise of his profession or company who obtains access to or participates in the Activities and activities organised by LSC;
d. External Party: third parties, including organisations not affiliated with LSC but which do organise an Activity;
e. House Rules: the (additional) rules, belonging to the Activity concerned, to which the Participant is bound and which form part of the Agreement and/or the Conditions;
f. LSC: the Leeuwarden Student City Foundation, also trading under the name Leeuwarden Student City, having its registered office in (8971 DD) Leeuwarden at Rengerslaan 1, registered in the Trade Register of the Chamber of Commerce under number 01086874 with the e-mail address info@leeuwardenstudentcity.nl and telephone number 058-3030180 being the user of the Terms and Conditions;
g. Agreement: any agreement concluded between the Parties and relating to the Activity. This expressly does not include any agreement between the Participant and the External Party, as LSC is at all times outside this possible legal relationship;
h. Party(ies): LSC and the Participant or each of them;
i. In writing: by letter, e-mail or bailiff's writ;
j. Ticket: an (admission) ticket for the Participant with which the Participant gains access to an Activity;
k. Conditions: the present general conditions of LSC;
Article 2: Applicability
2.1 These Conditions are applicable to all Offers made by LSC to the Participant and to all Agreements between LSC and the Participant, as well as to all resulting and subsequent obligations.
2.2 Deviations from and/or additions to the Agreement shall only be effective if and insofar as they have been expressly agreed in Writing between the Parties and shall exclusively relate to the Agreement concerned. Such deviation and/or addition has no precedential effect. The Participant cannot derive any rights from this for any future Agreements.
2.3 In the event of nullity or annulment by the Participant of one or more provisions of the Conditions, the other provisions of the Conditions shall remain fully applicable to the Agreement. The parties will in consultation replace an invalid or annulled provision of the Conditions by a provision that is valid or non-annullable and that is as close as possible to the purpose and meaning of the invalid or annulled provision.
2.4 To the extent that an Agreement deviates from one or more provisions of the Conditions, the provisions of the Agreement shall prevail. The other provisions of the Conditions shall in that case remain applicable to the Agreement unimpaired.
2.5 If translations of these Conditions have been issued, the version in the Dutch language shall prevail over the version(s) in any other language.
Article 3: Conclusion and execution of Agreements
3.1 Subject to the other provisions in the Conditions, an Agreement is only concluded by purchasing a Ticket via the LSC website by means of a fully completed registration form and after the Participant has paid the amount of the Ticket in full.
3.2 The Agreement replaces and supersedes all previous proposals, correspondence, agreements or other communications between Parties that have taken place prior to entering into the Agreement, however they may deviate from or conflict with the Agreement.
3.3 Promises by and agreements with subordinates or representatives of LSC, or third parties hired by LSC, shall only bind LSC towards the Participant if and insofar as these promises and/or agreements have been ratified or confirmed in writing by LSC to the Participant.
Article 4: Access to an Activity
4.1 After the Participant has entered into an Agreement with or through LSC, the Participant will receive a Written confirmation of the Agreement in the form of a Ticket. The Ticket can serve as an admission ticket for the Activities. LSC and/or an External Party is entitled, before the Participant is granted access and/or takes part in an Activity, to request the Participant to provide Written proof of the Agreement, to show a valid ID and/or to show Written proof that the Participant is studying at a participating educational institution.
4.2 LSC and/or the External Party is entitled to refuse the Participant to an Activity and/or exclude further participation in an Activity without a Participant being entitled to a refund of the amount already paid if:
a. the Participant, before the Agreement was concluded, has provided information contrary to the truth;
b. the Participant fails or refuses to provide Written evidence as mentioned in Article 3.1;
c. the Participant fails and/or acts contrary to the Agreement, the Conditions or the House Rules applicable to the Activity concerned;
Article 5: Resale and right of withdrawal
The right of withdrawal does not apply, as the exception applies on the basis of Article 6:230p sub e of the Dutch Civil Code.
Article 6: Payment
6.1. Payment is made by iDEAL or by bank transfer.
6.2. If payment is made by means of a bank transfer, payment should be made within fourteen (14) days after the Agreement has been concluded, unless agreed otherwise in writing between Parties. Payment shall be made into the bank account indicated by LSC. Determining for the moment of payment is the moment when LSC has received notice from its bank concerning the crediting of the amount concerned.
6.3. If payment has not been made in full within the specified period, the Participant shall be immediately in default and LSC shall be entitled to put the Ticket back on sale without further notice to the Participant. After expiry of these fourteen (14) days, the Participant shall no longer claim any right (to a refund of the purchase amount) towards LSC.
Article 7: House rules
The Participant must comply with the House Rules of an Activity of LSC and/or the External Party. The House Rules form part of the Agreement and the Conditions.
Article 8: Force majeure
8.1. If there is force majeure and an Activity does not take place as a result of the force majeure, LSC will, if possible, move the Activity to another location or date or make a change in the programme of the Activity. The Ticket will remain valid for the new location, programme and/or date.
8.2. Force majeure includes in any case and not exclusively (i) illness and/or cancellation of artists, (ii) strikes, (iii) pandemics, (iv) government measures and/or (v) (bad) weather conditions.
8.3. If an Activity cannot take place at all as a result of force majeure or if the Participant is prevented from attending on the date to which the Activity has been rescheduled as a result of the force majeure as mentioned in article 8.1, the Participant has the right to return and/or return the Ticket to or to LSC within a period set by LSC. LSC shall refund to the Participant the purchase price of the Ticket. The Participant shall not be entitled to any (damage) compensation other than the refund of the purchase amount.
Article 9: Liability
9.1. Participation in an Activity is entirely at your own risk. In any event, LSC shall not be liable for loss, damage and/or theft of property or the manner in which artists at the Activity give substance to their performance.
9.2. If there is a shortcoming by LSC and if the Participant suffers damage as a direct result of this shortcoming, LSC shall only be liable for direct damage as a result of participation in the Activity by the Participant. LSC shall not be liable for indirect damage, such as consequential damage and/or immaterial damage.
9.3. For all cases as described in article 9.1 and 9.2, LSC shall only have to compensate any damage suffered by the Participant up to the amount actually paid out by LSC's insurer in a given case, unless there is intent or gross negligence on the part of LSC. LSC shall not be obliged to pay any other (damage) compensation to the Participant.
9.4. LSC has no involvement whatsoever in respect of Activities taking place at External Parties. Participant will thus have to comply with any rules that apply at the External Party concerned. LSC has no legal relationship with the External Party and the Participant. Consequently, LSC shall never be liable for damage incurred by a Participant while participating in an Activity at an External Party.
Article 10: Intellectual property
LSC is entitled to take and publish photographs and/or film recordings during an Activity to promote an Activity. By entering into an Agreement with LSC, the Participant gives permission to publish the photographs and/or film recordings on LSC's websites and/or social media channels.
Article 11: Applicable law
All Agreements concluded by LSC shall be governed exclusively by Dutch law. The District Court of Noord-Nederland, location Leeuwarden, shall be competent in the event of a dispute between LSC and the Participant.