Museum Pass holders terms of use

Article 1

Terms

  • Terms of Use These Terms of Use.

  • Pass Holder The natural person, whose name features on the Museum Pass.

  • Customer Service The Museum Pass Foundation’s Customer Service department, contactable via the klantenservice@museumkaart.nl email address, or the Postbus 5020, 2900 EA Capelle aan den IJssel postal address.

  • Museum The Museum, which is a member of – or the affiliated institution which is admitted to – the Museum Association and affiliated with the Museum Pass Foundation and is therefore authorised to sell and accept the Museum Pass.

  • Museum Pass (or Pass) The proof (in the form of a plastic pass) which gives the Pass Holder certain rights and obligations, as further explained in these Terms of Use.

  • Personal Data The data which identifies the Pass Holder and which the Pass Holder uses to register on the Website (via the “Place an Order” or “Register” pages, or via “My Museum Pass”), such as name, address, place of residence, email address, date of birth, profile photograph, (possible) account number and such like, as is referred to in article 4 (1) of the Personal Data Protection Act.

  • Privacy Policy The policy established and implemented by the MCF with regard to the processing of Personal Data, laid down in the most current version of the privacy statement, as published on the Website.

  • MCF The Museum Pass Foundation, located at Rapenburgerstraat 123 in (1011 VL) Amsterdam, being the legal entity which has been commissioned by the Museum Foundation to handle the exploitation of the Museum Pass.

  • Temporary Museum Pass The Museum Pass purchased by the Pass Holder at a Museum till, with an initial validity of 31 days and a maximum of five museum visits.

  • Regulations The visitor regulations set up by the Museum itself, such as house rules, the use of cameras and such like.

  • Website The Museum Pass Foundation Website, with the www.museumkaart.nl internet address, where you can, for example, order a Museum Pass, create a personal “My Museum Pass” login page and register for Museum Pass Match.

Article 2

Agreement and terms of use

  1. These Terms of Use are applicable to the agreement between the Pass Holder and the MCF. This agreement is realised through the purchase of the Museum Pass, as further described in article 3 of these Terms of Use.

  2. The agreement has a duration of either 31 days (Temporary Museum Pass) or one year, starting from the day the Museum Pass is purchased, the same day the Museum Pass will also be activated.

  3. The most recent version of the Terms of Use can always be consulted via the Website. The Terms of Use can also be sent by email or post, at the request of the Pass Holder. The Pass Holder can contact the Customer Service department for this purpose.

  4. The Terms of Use are applicable to using the Museum Pass. Using the Museum Pass means the Pass Holder accepts the applicability of the Terms of Use. The Pass Holder who doesn’t want to accept the Terms of Use must refrain from using the Museum Pass.

  5. The MCF has the right to change the Terms of Use. Any such change will be notified on the Website and in “Museum Tips”. The Pass Holder has the right to reject the applicability of the Terms of Use by no longer using the Museum Pass and/or by passing this onto the Customer Service department.

  6. The Museum Pass Match Terms of Use, published on www.museumkaartmatch.nl, are expressly intended as additional conditions to these Terms of Use. The Museum Pass Match conditions are only applicable to the Museum Pass Holders who have registered as Museum Pass Match participants and only for the duration these participants are going to be making use of Museum Pass Match.

  7. The applicability of other Terms of Use, known by any name or from any origin, are explicitly rejected. However, this does not affect the applicability of any possible Museum Regulations.

Article 3

Purchase and registration

  1. The purchase of the Museum Pass is done as follows: a. at a Museum till which is authorised to sell the Museum Pass (a Temporary Museum Pass – see paragraph 2); b. via the Website (see paragraph 3).

  2. The Temporary Museum Pass purchased at a Museum till has a validity of 31 days, starting from the day the Temporary Museum Pass is purchased. A Temporary Museum Pass can be used for a maximum of five museum visits within the set period. The Pass Holder can extend the validity of the Temporary Museum Pass to one year by registering on the website (via the “Register your Museum Pass” page or via “My Museum Pass”). The day the Museum Pass was purchased will continue to apply to its validity period. The Museum Pass will be sent by post to the postal address specified by the Pass Holder. The number of museum visits will no longer be limited once the Museum Pass (the plastic pass) has been received.

  3. The purchase of a Museum Pass via the Website is done by completing a number of compulsory fields (via “Place an Order” or “My Museum Pass”). The Museum Pass purchased via the Website instantly has a one year validity period, starting from the day the Museum Pass was dispatched.

  4. When purchasing a Museum Pass via the Website, as referred to in paragraph 1 under b and paragraph 3, the Pass Holder will have a 14 day cooling off period, starting from the day the Pass Holder received an electronic confirmation of the purchase, during which the agreement can be dissolved by completing and sending the appropriate form or by using this PDF. If the Pass Holder has already made use of the Museum Pass during the statutory cooling off period by visiting a museum, the number of visits already made will be deducted from the purchase price of the relevant Museum Pass. The calculation of the amount to be refunded is based on the weighted average admission price of the participating museums as estimated for the year in which the pass was purchased. This amounts to € 11.88 for 2019.

  5. When purchasing or registering a Museum Pass via the Website, the Pass Holder will need to fill in his/her initial(s), surname and date of birth, upload a profile photo and provide a residential address in the Netherlands or in one of the other European Union member states. The Pass Holder guarantees the details needed for the registration are current, correct and complete. The MCF reserves the right to block the Museum Pass's validity if it becomes apparent these details are not current, correct and complete.

  6. The MCF will provide the Pass Holder with timely notice of the expiration of the current Museum Pass, as well as information about purchasing another Museum Pass. If the Pass Holder has expressly indicated that he or she wishes to enter into a new agreement, as referred to in Article 2, paragraph 1 of these Terms of Use, the MCF will, after the purchase price for the Pass has been paid, send the new Museum Pass to the specified address. The provisions of this article explicitly apply to repeat purchases.

Article 4

Use of the Museum Pass

  1. The use of the Museum Pass is strictly personal and non-transferable. The Museum Pass, in the form of a plastic pass, will remain the MCF’s property.

  2. The Museum Pass gives the Pass Holder the right to access the Museum during regular opening hours, as stated on the museum website, as well as the right to make use of special offers for Pass Holders. The MCF notifies Pass Holders of any such offers on the Website, providing and insofar as the Museum has requested this. The Website can’t be held responsible for the correctness and completeness of any such information.

  3. Access to the Museum is exclusively provided upon presentation of the original Museum Pass. The Pass Holder who is in possession of a valid Museum Pass, but is not able – for whatever reason that may be – to present this on location, will not have right of access. Copies or (digital) images of the Museum Pass will not be accepted.

  4. The Pass Holder must make sure the Museum Pass is still valid for the Museum in question before a museum visit. The Pass Holder may be asked for proof of identity when using the Museum Pass for additional verification.

  5. The Pass Holder is entitled to a duplicate in case the Museum Pass is lost or stolen, providing the Pass Holder has registered. A contribution towards the costs will be asked for this. It’s not possible to obtain duplicates of Temporary Museum Passes.

  6. The Museum may only occasionally charge the Pass Holder a surcharge for visiting the museum during regular opening hours. The surcharge may only be calculated for a period with a special, temporary exhibition which, due to its international allure, results in exceptionally high exhibition costs, on the condition that the surcharge is calculated for all paying visitors and the surcharge is levied in accordance with the agreements entered into with the MCF. A “special, temporary exhibition” means: an exhibition which does not form part of a Museum’s (semi-) permanent display or fixed set up and which will result in “exceptionally high exhibition costs” for the Museum. This includes demonstrably high costs for insurance, transport and presentation of the exhibited objects.

  7. The Pass Holder can register for “Museum Tips”, the digital, monthly newsletter for Pass Holders, with special offers and other news in relation to activities organised by the MCF and the Museums. The Pass Holder can register and unsubscribe for Museum Tips during the registration or ordering process, via the My Museum Pass website, or via the Customer Service department.

  8. The Pass Holder knows and understands that a Museum, in addition to the Terms of Use applicable to a Museum Pass, can also apply its own Regulations which must be respected by visitors. If and insofar as there is a conflict between the information provided by the MCF on the website and/or in Museum Tips and the applicable Museum’s Regulations, the Museum’s Regulations will prevail. If and insofar as compliance with the Regulations entails (further) processing of personal data, the privacy policy of the relevant Museum applies. The MCF plays no role in this.

  9. The Pass Holder is obliged to exclusively use the Museum Pass for the – personal – purpose it was intended. The Museum Pass cannot be used by third parties, copied, offered up for sale or exploited or misused in any other way. The Pass Holder is also not permitted to derive any rights other than those expressly granted by the MCF. Any improper behaviour by the Pass Holder will result in the Museum being allowed to deny the Pass Holder entry to the Museum. In such cases, the MCF can (temporarily) block the Museum Pass.

  10. In case of any doubt regarding the Museum Pass's validity, or the Pass Holder’s identity, the Museum can either refuse the Pass Holder free entry or access to any special offers linked to the Museum Pass.

  11. The MCF is not liable for any possible damages, resulting from a Museum’s deviating entry fees or opening times, or the Pass Holder’s misuse or improper behaviour.

Article 5

Prices and payments

  1. The price for a Museum Pass is always for a one year period, also when a Temporary Museum Pass is purchased. The purchase price of a Museum Pass is either paid immediately at the till, or via the Website via electronic payment or an authorisation or acceptance giro. Extra costs may be charged for registering the Museum Pass at a home address in one of the other member states of the European Union outside of the Netherlands. The Museum Pass will be sent out within five working days of purchasing it via the Website, as soon as payment has been received.

  2. The MCF has the right to unilaterally change the prices of the Museum Pass, or to give discounts on the services and products associated with the Museum Pass. Any possible price changes will, under no circumstances, relate to current agreements.

Article 6

Personal data and confidentiality

  1. The MCF will process some of the Pass Holders’ Personal Data for the benefit of its services, including name and address details, a profile photo, as well as bank account numbers in case of electronic or giro payments. The Pass Holder will notify the Customer Service department in case of any changes to the Pass Holder’s Personal Data.

  2. With regard to the processing of Pass Holders’ Personal Data, the MCF has drawn up a Privacy Policy, which is published on the Website (see: www.museumkaart.nl/privacystatement) and forms an integral part of these Terms of Use. The Privacy Policy states for what purpose and on which legal basis the Personal Data is processed. It also indicates how an involved party can exercise his or her rights. The MCF’s Privacy Policy will be evaluated and, where necessary, revised from time to time. This will be reported on the Website.

  3. Part of the MCF’s Privacy Policy is the use of cookies on the website, in the manner described in the “Profiling and Cookies” paragraph.

  4. The MCF will only notify Pass Holders about special offers in relation to the products and services of the MCF, the Museums, its sponsors and third parties if the Pass Holders have registered for this service. The Pass Holder’s interests will be taken into account whenever possible. Pass Holders always have the option of unsubscribing from such promotional mailings. This can be in reaction to such a mailing, on the website in “My Museum Pass”, or by passing this onto the Customer Service department.

  5. In addition to the data and data processing referred to in this article, all contact between the Pass Holder and the Customer Service department will be regarded as confidential information by the MCF. The MCF will therefore not use this information for unforeseen purposes.

Article 7

Blocking and unblocking the Museum Pass

  1. The MCF will or can block (the validity of) the Museum Pass in the following instances: a. if the Pass Holder of a Temporary Museum Pass hasn’t registered after 31 days and/or if the maximum of five museum visits has been reached, as set out in article 3, paragraph 2 of these Terms of Use. The MCF will unblock the Museum Pass as soon as the Pass Holder has registered via the Website (via “Register your Museum Pass” or “My Museum Pass”) and the Museum Pass has been dispatched. The day the Temporary Museum Pass was purchased will continue to be applicable to the validity duration in case of unblocking. b. If the MCF is informed of the Pass Holder’s improper use of the Museum Pass and/or if the Pass Holder has violated a Museum’s Regulations. Unblocking the Museum Pass will only be done following the Pass Holder’s motivated request. However, the MCF reserves the right to deny this request.

  2. The number of instances mentioned in paragraph 1 of this article is not exhaustive. The MCF reserves the right to also block the Museum Pass in other possible cases. Blocking a Museum Pass, as intended here, will always be done with valid reasons.

Article 8

Termination of use

  1. The entitlement to using the Museum Pass will end: a. once the Museum Pass's validity has expired; b. in case of a Temporary Museum Pass: once the period of validity (31 days) has expired, or once the maximum of five museum visits has been reached; c. by the revoking of the agreement by the Pass Holder, as referred to in Article 3, paragraph 4. d. as a result of dissolution by the MCF. If the Pass Holder fails to comply with his obligations which form part of the agreement or these Terms of Use, the MCF will be entitled to dissolve this Agreement – after notice of default – without this resulting in any obligation for the MCF to pay compensation.

  2. Passholders whose Museum Passes have been automatically renewed during the period from 1st September 2018 to 30th September 2019, have the right to cancel the agreement with immediate effect. The cancellation is done with the use of the appropriate form or by using this PDF. The MCF will refund the remaining annual contribution to the Pass Holder, counting from the first day following the day of cancellation up to and including the last day of the applicable period.

Article 9

Other conditions

  1. All legal relationships concerning the Museum Pass will be governed by Dutch law. Any possible disputes will be presented to a competent court in Amsterdam.

  2. Any stipulations deviating from these Terms of Use are exclusively valid if they have been confirmed in writing and signed by both parties to confirm agreement.

  3. If one or several conditions from these Terms of Use prove to be illegal or invalid, for whatever reason, this will not affect the validity of the other conditions.

  4. These Terms of Use took effect on 15th January 2016 and were last amended on 30st of August 2019. They can be referred to as “2019 Museum Pass Holders Terms of Use”.