General and rental terms
In addition to these general terms and conditions of Portlantis, the parts mentioned below will apply to the relevant service:
PART A. SPECIAL RENTAL CONDITIONS FOR THE RENTAL OF CONFERENCE ROOMS;
PART B. SPECIAL CONDITIONS FOR EIC MAINPORT ROTTERDAM FOR EDUCATIONAL ACTIVITIES
PART C. SPECIAL CONDITIONS FOR PORTLANTIS HOSPITALITY B.V. FOR RESTAURANT ACTIVITIES
Port of Rotterdam Authority, EIC Mainport Rotterdam and Portlantis Hospitality B.V., each make a contribution to the Portlantis experience in their individual roles. Port of Rotterdam Authority (Netherlands Chamber of Commerce no. 24354561) is the owner of the building and name Portlantis. The operation of the office spaces, (group) visits to the exhibition and conference room hire; the guided tour, shuttle service, boat trip, fossil expedition, excursions and the thematic lectures in the context of Portlantis is carried out by Port of Rotterdam Authority. EIC Mainport Rotterdam (Netherlands Chamber of Commerce no. 41134107) is the operator of the educational offering at Portlantis in the form of organised group visits for school pupils, students and scientists in Portlantis. Portlantis Hospitality B.V. (Netherlands Chamber of Commerce no. 64119572) is the operator of the hospitality activities in the restaurant and the kiosk of Portlantis and provides the catering for the boat trips, excursions and the conference rooms at Portlantis.
Article 1 - Definitions
In these general terms and conditions, the following definitions apply:
These general visitor conditions apply when visiting Portlantis, participating in the Boat Trip, the Coach Tour and/or other activities organised by the Port of Rotterdam Authority within the framework of Portlantis.
Any person who, with or without an Admission Ticket, visits/enters Portlantis, or participates in the Boat Trip, the Coach Tour and/or Excursions.
A printed or digital ticket that grants the Visitor access during regular opening hours to Portlantis, the Boat Trip, the Coach Tour and/or Excursions across/on the Maasvlakte provided by Port of Rotterdam Authority.
Various excursions that are organised by Port of Rotterdam Authority in the context of Portlantis, e.g. “the fossil expedition”.
The public limited liability company Port of Rotterdam Authority, having its registered office at Wilhelminakade 909 (3072 AP) in Rotterdam, registered with the Netherlands Chamber of Commerce
The port experience centre at Prinses Maximaweg 301 (3199 KG) in Rotterdam (Maasvlakte), Port number 8804
A passenger ship hired by Port of Rotterdam Authority to operate boat trips across the Maasvlakte in the context of Portlantis.
A coach hired by Port of Rotterdam Authority to operate tours of the Maasvlakte and the shuttle service to the Boat Trip in the context of Portlantis
Article 2 - Applicability of and amendments to the General Conditions
2.1 These General Visitor Conditions apply to (an Admission Ticket for) a Visitor's visit to Portlantis, the Boat Trip, the Coach Tour and/or Excursions.
2.2 General terms and conditions, by whatever name, will expressly not apply - not even in addition to these General Visitor Conditions - and are rejected.
2.3 Deviations from or supplements to these General Visitor Conditions are only possible insofar as the Port of Rotterdam Authority has expressly accepted them in writing in advance.
2.4 The invalidity, nullity or voidability of any provision of these General Visitor Conditions will not affect the validity of the other provisions. In that case, a provision which, taking all circumstances into account, is acceptable and reflects the scope of the initial provision best, will apply between the parties.
Article 3 - Access
3.1 The Visitor is only entitled to enter the Portlantis areas, and participate in the Boat Trip, Coach Tour and/or Excursions on presentation of a valid Admission Ticket issued by the Port of Rotterdam Authority.
3.2 An Admission Ticket can be purchased from the counter in the Portlantis shop or online.
3.3 An Admission Ticket purchased in advance shall become invalid by the mere expiry of the date, time or period stated on the Admission Ticket.
3.4 The Visitor will be denied (further) access to Portlantis, the Boat Trip, the Coach Tour and/or the Excursion if it is established that:
- the Admission Ticket was not issued by Port of Rotterdam Authority;
- the Visitor has not adhered to the applicable General Visitor Conditions or safety regulations;
- the Visitor is clearly under the influence of alcohol, narcotics or similar substances;
- the Visitor is clearly disturbing the peace or has the intention of disturbing the peace; and/or
- the Visitor has items on his/her person which are forbidden to be taken into Portlantis under Article 3.6 of the General Visitor Conditions.
3.5 Port of Rotterdam Authority reserves the right to carry out a security check of any Visitor and their possessions. In the event of this, the Visitor may be asked to cooperate with a bag inspection and the like carried out by or on behalf of employees of the Port of Rotterdam Authority. A Visitor who refuses to cooperate with a security check may be denied access to Portlantis, the Boat Trip, Coach Tour and/or Excursions and is not entitled to a refund of the Admission Ticket.
3.6 The following items may not be taken into Portlantis, or on the Boat Trip, the Coach Tour and/or Excursions:
- large and unwieldly objects such as suitcases, backpacks and bags larger than a normal handbag/school bag;
- dangerous objects, including knives and (toy) weapons or other objects that could be used as weapons or disturb the peace;
- blunt objects capable of inflicting injury and/or property damage;
- soft and hard drugs, alcohol and mind-altering substances (including nitrous oxide cartridges);
- toxic, highly flammable or mildly explosive materials and fireworks;
- rollerblades, scooters, bicycles, skates, skateboards, etc.;
- (Domestic) animals, with the exception of an assistance dog;
- banners, cardboard/paper signs with lettering (up to a maximum size of A4 is allowed), flags or flagpoles thicker than 2 cm and longer than 1.5 metres;
- all other matters which, in the exclusive opinion of Port of Rotterdam Authority, may pose a threat to health, safety and public order.
3.7 Confiscated objects/freight - if the objects/freight cannot be stored in any other place - will be stored at the Portlantis counter at the owner's risk until after the end of the visit to Portlantis, the Boat Trip, the Coach Tour and/or Excursions, unless the objects/freight are legally prohibited.
Article 4 - Purchase (online or offline) of Admission Tickets
4.1 Admission tickets can be purchased in advance via www.portlantis.nl. The Customer is deemed to have made an offer if the Customer has fully completed the order form and sent it electronically to Port of Rotterdam Authority by clicking on "confirm order" during the ordering procedure. The agreement between the Customer and Port of Rotterdam Authority is concluded at the moment a booking confirmation is sent to the Customer by email on behalf of Port of Rotterdam Authority.
4.2 Payments of online purchases must be carried out using one of the payment modules as offered by Port of Rotterdam Authority’s payment provider. The general terms and conditions of the relevant bank and relevant payment module apply to the payment.
4.3 Visitors are responsible for entering the correct personal details that are necessary for sending the Admission Tickets by email and completing the payment by internet;
4.4 The right of withdrawal for consumers (cancelling online purchase) does not apply due to the fixed date (and time) assigned to the Admission Ticket.
Article 5 – Refund
5.1 An Admission Ticket can be refunded up to 5 days before the date for which the Admission Ticket was purchased.
5.2 A visitor is not entitled to a refund of the Admission Ticket price in case of:
- denial of access to Portlantis and/or the Boat Trip as referred to in Article 3.4 of the General Visitor Conditions;
- refusal to cooperate by a visitor as referred to in Article 3.5 of the General Visitor Conditions;
- failure to comply with the house rules set out in Article 6 of the General Visitor Conditions;
- nuisance, inconvenience or damage caused by (other) Visitors, including but not limited to noise pollution, inappropriate behaviour of (other) Visitors (including harassment) and theft;
- nuisance or inconvenience caused by the improper functioning of facilities and objects in Portlantis and/or on the Boat Trip.
5.3 Port of Rotterdam Authority is not obliged to refund an unused expired Admission Ticket.
Article 6 - House rules
6.1 During their visit to Portlantis and/or during the Boat Trip, Coach Tour and/or Excursions, the visitor shall:
- avoid touching any exhibited objects with signs stating that it is not permitted to touch the object and/or when it is clear that this is forbidden. Parents, teachers and other supervisors should strictly ensure that such exhibits are not touched by the minor(s) or individuals they are supervising;
- not offer freight or services of any kind to third parties for sale or provide them free of charge;
- not disturb other Visitors, including, but not limited to, by obstructing their view of exhibited objects for an extended period of time or by causing excessive noise;
- not smoke, incl. vaping;
- not consume any food or drink, except in the café/restaurant, on the Boat Trip and in the conference rooms;
6.2 Parents/carers, teachers and other supervisors are at all times responsible for and accountable for the behaviour of minors, individuals or groups they are supervising.
6.3 The Visitor shall behave in keeping with public order, and the house rules set out in these General Visitor Conditions during their visit to Portlantis, the Boat Trip, the Coach Tour and/or Excursions. The Visitor is obliged to immediately follow the directions and instructions given by employees - when identifiable as such - on behalf of the organisation of Portlantis, the Boat Trip, the Coach Tour and/or Excursions.
6.4 Visitors should park their car and/or other vehicle in the designated parking spaces only.
Article 7 – Liability
7.1 Visiting and parking at Portlantis, the Boat Trip, the Coach Tour and/or Excursions is at your own expense and risk.
7.2 The Port of Rotterdam Authority shall not be liable for damage caused by the actions of third parties it hires or third parties operating or holding offices on the Portlantis premises (such as - but not limited to - Stichting EIC Mainport Rotterdam and Portlantis Hospitality B.V.).
7.3 In accordance with Articles 7.4 to 7.6 of these General Visitor Conditions, the Port of Rotterdam Authority is only liable for direct damage suffered by the Visitor which is the direct result of intent or gross negligence on the part of the Port of Rotterdam Authority.
7.4 Liability for indirect damages, including consequential damages, lost profits, or wages and missed savings is excluded at all times.
7.5 Port of Rotterdam Authority’s liability in the event of death or physical injury is limited to the amount paid to it by the insurer of Port of Rotterdam Authority in respect of that individual case.
7.6 Other direct or indirect damage for which Port of Rotterdam Authority may be liable is limited to the price paid by the Visitor for the Admission Ticket.
7.7 The Visitor is liable for any damage he/she causes to Portlantis and/or the means of transport used for the Boat Trip, the Coach Tour and/or objects therein.
Article 8 - Lost property
8.1 Objects found by the Visitor in Portlantis and/or on the Boat Trip, Coach Tour and/or Excursions can be handed in either to a staff member or at the Portlantis shop.
8.2 Port of Rotterdam Authority shall store these items for a limited period.
8.3 Port of Rotterdam Authority reserves the right to destroy or no longer store any lost property that has not been collected after three months.
Article 9 – Applicable law and competent court
9.1 These General Terms and Conditions for Visitors and the agreement between the Visitor and Port of Rotterdam Authority N.V. are governed by Dutch law.
9.2 All disputes will be settled in the first instance by the competent court in Rotterdam.
PART A SPECIAL RENTAL CONDITIONS FOR THE RENTAL OF CONFERENCE ROOMS
These special rental conditions for the rental of conference rooms apply in addition to the General Visitor Conditions, which continue to be fully applicable.
Article 1 - Definitions
In addition to the terms defined in the General Visitor Conditions, in these general terms and conditions, the following definitions apply.
The facilities/space in Portlantis that can be rented and for which a rental agreement has been entered into and/or an Option has been issued.
The client, the (legal) person and/or company to whom an offer is made and/or with whom an agreement has been, or will be made, for the rental of conference room(s) in Portlantis
A (written) application for the rental of conference room(s) in Portlantis by PoR to an Counterparty which - unless otherwise agreed - lapses by operation of law after a period of fourteen (14) days.
The written acceptance by PoR of a Reservation and/or an Option for the rental of conference room(s) in Portlantis and any other services and/or products provided in this context by Port of Rotterdam Authority.
The client, the (legal) person and/or company to whom an offer is made and/or with whom an agreement has been, or will be made, for the rental of conference room(s) in Portlantis.
Article 2 - Conclusion of the agreement
2.1 All Options and Agreements are exclusively governed by these Special Rental Conditions in addition to the General Visitor Conditions, which remain in full force and effect.
2.2 Contrary to the provisions of Section 6:225(2) of the Dutch Civil Code, an acceptance by the Counterparty that deviates from the Option of the Port of Rotterdam Authority on minor points is not binding on the Port of Rotterdam Authority. The Agreement shall in that case only be concluded after the Counterparty has given notice that it has accepted the Option, without deviating conditions, offered by the Port of Rotterdam Authority.
2.3 After the expiry of the (validity period of the) Option, the Option shall lapse and the Port of Rotterdam Authority shall be free to grant the Rental Space to another party without notifying the Counterparty.
2.4 If the Counterparty accepts an Option after its period of validity has expired, the Port of Rotterdam Authority shall be free to reject or accept the reservation, if they so choose.
2.5 To provide catering, the Port of Rotterdam Authority uses the services of third parties. If the Counterparty wishes to receive catering, it must specify the number of persons for whom catering is to be provided when requesting the Option. This number of persons will be confirmed in the Agreement. The Counterparty can amend the number of persons free of charge up to 10 days before the date of the event.
Article 3 – Payment conditions
3.1 Unless otherwise agreed, payment of the rental price and fees for additional products and services must be made within fourteen (14) days of the invoice date. Payments made shall always be deducted first from the costs, from the interest and then from the oldest invoice.
3.2 At the request of Port of Rotterdam Authority, the Counterparty must make a (partial) advance payment. The amount of the (partial) advance payment will be communicated to the Counterparty in writing. Unless otherwise agreed, the advance shall be paid within fourteen (14) days of receipt of the invoice and no later than seven (7) days before the use of the Rental Space.
3.3 The Counterparty is not authorised to set off amounts owed to Port of Rotterdam Authority against an alleged counterclaim, nor to suspend amounts owed by the Counterparty, unless a set-off or suspension has been expressly agreed in writing.
Article 4 - Obligations of the Counterparty
4.1 The Rental Space shall be used exclusively for the activities stated in advance by the Counterparty to Port of Rotterdam Authority.
4.2 The Counterparty may only use the Rental Space during the agreed rental period.
4.3 The Counterparty is not permitted to sublet or lend the Rental Space, by whatever name, to third parties.
4.4 The Counterparty may not cause any nuisance or disruption to Port of Rotterdam Authority or third parties when using the conference room.
4.5 The Counterparty is responsible for all persons in or near the Rental Space at the invitation of the Counterparty or due to any relationship with the Counterparty in its agreement with Port of Rotterdam Authority. The Counterparty indemnifies the Port of Rotterdam Authority from all damage caused by these persons, of any kind and whatever the cause, without prejudice to the claims Port of Rotterdam Authority has against these persons.
4.6 If and to the extent relevant, the provisions of the Special Rental Conditions and the General Visitor Conditions also apply to other persons who are present in the Rental Space on account of the Counterparty and/or at the invitation of the Counterparty. The Counterparty is obliged to bring the relevant provisions of the Special Rental Conditions and General Visitor Conditions to the attention of these persons and remains responsible and jointly and severally liable for the correct observance of these conditions.
4.7 In the event of misconduct (as judged by Port of Rotterdam Authority) on the part of the Counterparty or on the part of persons in or near the Rental Space at the invitation of the Counterparty or at the invitation of the Counterparty or due to any relationship with the Counterparty, the Port of Rotterdam Authority is authorised at all times to deny access or further use of the Rental Space and/or Portlantis and to remove these parties or have them removed.
Article 5 – Cancellations
5.1 Unless otherwise agreed, the Counterparty has the right to cancel the Agreement. In that case, the Counterparty will be obliged to pay Port of Rotterdam Authority compensation amounting to the portion of the total rent and (additional) costs listed below, including VAT. In the event of a cancellation of the Agreement, the following compensation is owed:
- up to 14 days prior to the date of the event 0%;
- up to 7 days prior to the date of the event 75%;
- within 7 days prior to the date of the event 100%.
5.2 Contrary to the above, catering services included in the Agreement may be cancelled free of charge until no later than 10 days before the date of the event. After this time, it is no longer possible to cancel free of charge and a compensation of 100% of the price agreed between the Counterparty and Port of Rotterdam Authority for the catering services shall be owed for the catering services.
5.3 The date on which Port of Rotterdam Authority receives the written notice of cancellation is used to determine the compensation owed. The compensation due in accordance with paragraph 1 of this article must be paid within fourteen (14) days of the invoice date.
Article 6 – Termination by Port of Rotterdam Authority
6.1 Port of Rotterdam Authority is entitled to unilaterally terminate the Agreement in whole or in part with immediate effect and/or to suspend the performance of obligations arising from the Agreement in whole or in part with immediate effect without providing reasons, inter alia - but not exclusively - if one or more of the following events takes place:
- a non-fulfilment of one or more obligations arising from the Agreement attributable to the Counterparty;
- the submission of a declaration of bankruptcy, a request for a suspension of payments and/or any other mechanism with similar provisions to the Counterparty;
- the Counterparty's legal incapacity and/or complete lack of power of disposition;
6.2 In the event of misconduct as referred to in Article 4.7 of these Special Rental Conditions, the Port of Rotterdam Authority shall be entitled to terminate the Agreement unilaterally, and shall notify the Counterparty of the termination in writing. Such a termination shall not entitle the Counterparty to a refund of any amounts already paid. The Counterparty shall remain fully liable for the unpaid part of the agreed price.
6.3 Termination by Port of Rotterdam Authority shall never entitle the Counterparty to compensation for any damages.
6.4 If Port of Rotterdam Authority is unable to perform the Agreement due to force majeure, it may terminate (in advance) the Agreement with immediate effect and without observing a notice period. Force majeure includes, among other things, all circumstances falling under Section 6:75 of the Dutch Civil Code and which in any case also includes shortcomings of (suppliers of) Port of Rotterdam Authority and/or other auxiliary persons, work disruptions and excessive absenteeism of employees and/or other auxiliary persons, unforeseen overbooking, government measures, fire, smoke, power failure, and weather conditions. Port of Rotterdam Authority shall not be liable for any damage to the Counterparty that ensues as a result of a termination due to force majeure.
Article 7 – Liability
Contrary to Article 7 of the General Visitor Conditions
7.1 Port of Rotterdam Authority shall only be liable for damage suffered by the Counterparty which is the direct result of intent or gross negligence on the part of Port of Rotterdam Authority.
7.2 Port of Rotterdam Authority shall never be liable for indirect damage, including consequential damage, loss of profit or wages and missed savings.
7.3 Other direct or indirect damage for which Port of Rotterdam Authority may be liable is limited to the total rent and (additional) costs paid by the Counterparty, excluding VAT pursuant to the Agreement.
7.4 The Counterparty shall be liable for all damage suffered by Port of Rotterdam Authority insofar as the damage is caused by the Counterparty, persons engaged by it and/or other persons who are in or near the Rental Space on account of the Counterparty, at the invitation of the Counterparty and/or otherwise due to any relationship with the Counterparty.
PART B - SPECIAL CONDITIONS FOR EIC FOR EDUCATIONAL ACTIVITIES
These special terms and conditions for educational activities apply in addition to the General Visitor Conditions, which remain fully applicable.
PART C - SPECIAL CONDITIONS FOR PORTLANTIS HOSPITALITY FOR RESTAURANT ACTIVITIES
These special terms and conditions for restaurant activities apply in addition to the General Visitor Conditions, which remain fully applicable.