General terms and conditions of the Open the Doors Foundation
Article 1 Scope
- These general terms and conditions apply to assignments to and to all agreements to which the Open the Doors Foundation is a party, unless expressly agreed otherwise in writing. This can be done by email.
- Agreements and further agreements, which have not been entered into in writing, are only binding after written confirmation from the Open the Doors Foundation. This can be done by email.
- These general terms and conditions also apply to all visitors to the Open Tower Day of the Open the Doors Foundation. Deviations from these terms and conditions are only valid if agreed in writing and/or made known via the website.
Article 2 Liability regarding visitors to Torens
- In the event of damage due to death or physical injury, the total liability of the Open the Doors Foundation shall in no case exceed
the amount paid by the insurer of the Open the Doors Foundation to the Open the Doors Foundation in respect of that individual claim; or
the compensation paid by a third party to the Open the Doors Foundation in respect of that individual claim.
- Liability of the Open the Doors Foundation for indirect damage, including consequential damage, lost profits or wages, lost savings, etc., is excluded at all times.
Article 3 Liability regarding participating Towers
- The Open the Doors Foundation is not liable for damage caused because a participating tower in the Open Tower Day has failed to provide correct information to visitors in a timely and adequate manner.
- The Open the Doors Foundation is not liable for damage caused by a failure of a participating tower in the Open Tower Day to take timely and adequate measures to guarantee the safety of visitors.
- Visiting participating towers is always at the visitor’s own risk. The visitor must always adhere to the applicable tower. The participating Tower will make this known to the visitor.
- Article 2, paragraphs 2 and 3, explicitly includes information and measures regarding accessibility, fire safety, health (including Covid). The participating tower will give shape to this with fences, warning signs, red and white ribbons and similar means.
- Except insofar as this is impossible under Dutch law, any liability of the Open the Doors Foundation is limited to the amount that is paid out in the relevant case by its events or liability insurance as stated in Article 3 paragraphs 1 and 2.
Article 4 Force majeure
- Force majeure for the Open the Doors Foundation, which means that any shortcoming caused by this cannot be attributed to the Open the Doors Foundation, shall be any foreseeable or unforeseeable circumstance that makes the execution of the agreement by the Open the Doors Foundation so difficult that, temporarily or permanently, the execution of the agreement becomes impossible or difficult.
- Such circumstances also include circumstances involving persons and/or services and/or institutions that the Open the Doors Foundation wishes to make use of in the performance of the visitation agreement, as well as everything that applies to the aforementioned as force majeure or suspensive or resolutive condition, as well as attributable shortcoming of the aforementioned.
Article 5 Other conditions
- The applicability of these General Terms and Conditions for Visitors does not affect the possible applicability of other contractual conditions and/or regulations of a Tower.
- Dutch law applies to these General Terms and Conditions for Visitors and to the agreement between the Visitor and the Open the Doors Foundation.