Terms & Conditions
GENERAL TERMS AND CONDITIONS Jewel Box Musical Theater
Jewel Box Musical Theater: John Rinaldi Voice Studio, established in Beets, Chamber of Commerce no. 74674110.
Customer: the party which Jewel Box Musical Theater has entered into an agreement with.
Parties: Jewel Box Musical Theater and customer together.
Consumer: a customer who is an individual acting for private purposes.
Performance: any performance, show or manifestation taking place in a building and/or venue or via a digital live stream organised by Jewel Box Musical Theater.
Visitor: any natural person, not acting in the course of a profession or business, who directly or indirectly enters into an agreement with Jewel Box Musical Theater within the framework of attending a Performance as well as any person who is in or around the Performance location and who has or has not directly or indirectly entered into an agreement with Jewel Box Musical Theater.
These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Jewel Box Musical Theater.
Parties can only deviate from these conditions by written permission of the Jewel Box Musical Theater.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
All prices used by Jewel Box Musical Theater are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
Jewel Box Musical Theater is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
The agreement between Jewel Box Musical Theater and the Visitor comes into effect at the moment the Visitor buys an admission ticket for the Performance from Jewel Box Musical Theater or a third party.
All offers, (programme) announcements, communications or other information and estimates made by Jewel Box Musical Theater or third parties are without obligation.
Jewel Box Musical Theater accepts no liability for any errors in offers, (programme) announcements, communications or other information and indications supplied to the Visitor by Jewel Box Musical Theater and third parties, and/or for errors made in the sale or advance sale of tickets by third parties.
From the moment that the admission ticket is made available to the Visitor, the Visitor bears the risk of loss, theft, damage or misuse of the admission ticket. In the event of loss, damage or misuse of the ticket, the Visitor has no right to restitution of the ticket and/or other costs. Even if the Visitor has obtained the admission ticket from a third party (not Jewel Box Musical Theater) and the payment of the admission price by that third party to Jewel Box Musical Theater does not take place for reasons attributable to the third party, the Visitor will not be entitled to a refund of the admission ticket and/or other costs. If the Visitor, for whatever reason, does not use the admission ticket, this will be at his/her own expense. Once a ticket has been obtained, it cannot be exchanged. In such cases, no restitution of the admission ticket and/or other costs will be made.
The ticket holder who is the first to show the ticket at the start of the Performance will be admitted. Jewel Box Musical Theater assumes that this ticket holder is also the person entitled to admission and is not obliged to investigate the validity of the ticket and/or the identity of the holder. Jewel Box Musical Theater cannot guarantee receipt of the admission ticket. If the Visitor has not received an admission ticket, he/she must report this to Jewel Box Musical Theater in good time before the Performance. This means in good time before the start of the Performance, so that Jewel Box Musical Theater can invalidate the ticket purchased and issue a new ticket. If the ticket was purchased from Jewel Box Musical Theater or a (pre)sales address, the Visitor will receive a new ticket. The burden of proof that the ticket was purchased from Jewel Box Musical Theater or a retailer or advance sales address rests with the Visitor. In the absence of proof, Jewel Box Musical Theater is not obliged to issue the Visitor with a new admission ticket. If so requested, the Visitor will at all times be obliged to show his/her admission ticket - physical or digital - and any card that entitles him/her to a discount on this admission ticket to officials of Jewel Box Musical Theater. The admission ticket will in any case be shown on entering the Building or the Venue (or the space in question), even if the Visitor has temporarily left the Building or the Venue (or the space in question) during an Performance.
Jewel Box Musical Theater is entitled to set a maximum number of tickets per Visitor that may be ordered. The Visitor is obliged to adhere to this.
The admission ticket is issued once and entitles the Visitor to admission to a Performance. An admission ticket does not give the right to access (the relevant area in) the Building or the Venue after the commencement or the completion of the relevant Performance. In the case of a live stream, it may be possible to participate after the start of the Performance. Afterwards it is not possible to watch the show back.
Jewel Box Musical Theater may charge the Visitor a fee in addition to the price of the admission ticket to cover the costs associated with entering into the agreement.
With an admission ticket the Visitor may watch a livestream performance once on one device. The livestream performance may only be watched in a domestic setting. It is prohibited to watch in a larger organised context.
Reselling Admission Tickets
The Visitor is obliged to keep the admission ticket for an Performance for himself/herself and may not sell it on in any way to third parties, offer it for sale or provide it for commercial purposes.
The Visitor may not in any way advertise or make any (other) form of publicity relating to the Performance and/or any part thereof if this is done with the intention of reselling the admission ticket, this at the discretion of Jewel Box Musical Theater.
A Visitor who transfers his/her admission ticket to a third party for no consideration (free of charge) and not as part of any commercial objective, is obliged to impose the obligations imposed on him/her as a Visitor, as described in these General Conditions for Visitors, on the party to whom he/she transfers the admission ticket. The Visitor guarantees Jewel Box Musical Theater that this/these third party/parties will fulfil their obligations.
An admission ticket that has been or is resold and/or used for commercial purposes may be declared invalid by Jewel Box Musical Theater. An invalidated admission ticket will not entitle the Visitor to (further) admission to the Performance and the Visitor will not be entitled to a refund.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
The customer waives his right to settle any debt to Jewel Box Musical Theater with any claim on Jewel Box Musical Theater.
The client keeps any information he receives (in whatever form) from Jewel Box Musical Theater confidential.
The same applies to all other information concerning Jewel Box Musical Theater of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Jewel Box Musical Theater.
The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
The obligation of secrecy described in this article does not apply to information:
which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
which is made public by the customer due to a legal obligation
The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.
If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Jewel Box Musical Theater an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Jewel Box Musical Theater including its right to claim compensation in addition to the fine.
The customer indemnifies Jewel Box Musical Theater against all third-party claims that are related to the products and/or services supplied by Jewel Box Musical Theater.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Jewel Box Musical Theater of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that Jewel Box Musical Theater is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to Jewel Box Musical Theater being forced to perform other work than has been agreed.
Joint and several Client liabilities
If Jewel Box Musical Theater enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Jewel Box Musical Theater under that agreement.
Liability of Jewel Box Musical Theater
Jewel Box Musical Theater is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If Jewel Box Musical Theater is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
Jewel Box Musical Theater is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If Jewel Box Musical Theater is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
All images, photos, videos, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from Jewel Box Musical Theater shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.
The customer has the right to dissolve the agreement if Jewel Box Musical Theater imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by Jewel Box Musical Theater is not permanent or temporarily impossible, dissolution can only take place after Jewel Box Musical Theater is in default.
Jewel Box Musical Theater has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Jewel Box Musical Theater good grounds to fear that the customer will not be able to fulfill his obligations properly.
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Jewel Box Musical Theater in the fulfillment of any obligation to the customer cannot be attributed to Jewel Box Musical Theater in any situation independent of the will of Jewel Box Musical Theater, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Jewel Box Musical Theater.
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which Jewel Box Musical Theater cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Jewel Box Musical Theater can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
Jewel Box Musical Theater does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
Jewel Box Musical Theater is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by Jewel Box Musical Theater with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with Jewel Box Musical Theater to third parties without the prior written consent of Jewel Box Musical Theater.
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Jewel Box Musical Theater had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where Jewel Box Musical Theater is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 25 October, 2022.