Article 1. Identity of the Foundation
Tilburg Orientation Program (TOP) Foundation
Chamber of Commerce no. 41096095
Warandelaan 2, Esplanade Building 202,5037 AB Tilburg
Telephone: 013 466 28 49
Article 2. Applicability
2.1 These Conditions apply to access to and participation in events, activities, and manifestations organized by the Tilburg Orientation Program Foundation that are open to or accessible to TOP participants, TOP Mentors, and/or TOP Crew.
2.2 The TOP Foundation is represented by at least two jointly acting Board members and possibly by a representative authorized as such by the board.
2.3 For the purpose of these Conditions, TOP participants are defined as any prospective students of a program offered by Tilburg University, Avans University of Applied Sciences, and Fontys University of Applied Sciences who have registered for the introduction week (hereinafter referred to as: TOP Winter Week) and take part in it.
2.4 For the purpose of these Conditions, TOP Mentors are defined as volunteers appointed by the Tilburg Orientation Program Foundation, always senior students, who supervise TOP participants designated as such by the Tilburg Orientation Program Foundation during TOP Winter Week.
2.5 For the purpose of these Conditions, TOP Crew is defined as volunteers appointed as such by the Tilburg Orientation Program Foundation and designated by the Tilburg Orientation Program Foundation to offer support during activities taking place in TOP Week.
2.6 For the purpose of these Conditions, an event is defined as any activity organized by the Tilburg Orientation Program Foundation that is open to or accessible to TOP participants, TOP Mentors, or TOP Crew.
2.7 These Conditions apply to TOP participants, TOP Mentors, and TOP Crew and/or legal acts by the TOP Foundation, the latter unless stipulated otherwise by contract.
2.8 Deviations from these Conditions are valid only if agreed on explicitly in writing, after confirmation by both parties. Deviations in that case are valid exclusively for the agreement in which the deviation in question was agreed on.
2.9 If any provision of these Conditions is null and void or is voided, the other conditions of these Conditions will remain fully in effect and the TOP Foundation will determine provisions to replace the null and void or voided provisions, taking into account as much as possible the objectives and the meaning of the null and void or voided provisions. In so far as desired, the parties will consult on the exact wording of these new provisions.
Article 3. Payment
3.1 All prices mentioned are in euros and inclusive of VAT.
3.2 Participants who have registered for TOP Winter Week and who no longer want to take part must sign themselves out. If they do so before January 1, 2022, participants will be reimbursed in full. If they sign out between January 1 and January 16, 2022, half the registration fee will be reimbursed. If participants sign out after January 16, 2022, they are no longer entitled to reimbursement of the registration fee.
Article 4. Admission
4.1 E-tickets or different admission tickets are not refundable.
4.2 It is expected of participants that they are at every point in time able to identify themselves by means of a valid identity card.
4.5 Entitlement to admission to an event is cancelled if it is established by or on behalf of the Tilburg Orientation Program Foundation that the maximum capacity of the venue has been reached.
Article 5. Other Obligations
5.1 TOP participants, TOP Mentors, and TOP Crew are obliged during events to observe the instructions and/or directives of the Tilburg Orientation Program Foundation, the operators of the manifestation where the event is taking place, security personnel, the fire department, and other authorized persons. At all times, the TOP Foundation can deny access to events to TOP participants, TOP Mentors, or to TOP Crew who do not observe the instructions and/or directives, or who are guilty of improper behavior.
5.2 TOP participants, TOP Mentors and TOP Crew agree to being frisked on entering the event sites if security personnel deem this necessary.
5.3 TOP participants, TOP Mentors, and TOP Crew are not allowed to bring the following onto the event site:
– Alcoholic beverages
– Other dangerous objects, substances, or liquids.
As and when necessary, the Tilburg Orientation Program Foundation has the authority to prohibit or confiscate any specimens of the above-mentioned objects, substances, materials, or liquids.
5.4 TOP participants, TOP Mentors, and TOP Crew must comply with smoking bans in force on event sites.
5.5 During events, TOP participants, , TOP Mentors and TOP Crew must present a valid ID to persons and authorities referred to in the first paragraph to allow these persons and authorities to fulfill their legal obligations in the framework of events, including, but not limited to, monitoring compliance with the prohibition to serve and sell alcoholic beverages to persons under the age of eighteen. Once the Tilburg Orientation Program Foundation has issued a warning to an offender, the Tilburg Orientation Program Foundation has the authority to remover this offender from the site of the TOP event concerned.
5.6 TOP participants, TOP Mentors, or TOP Crew under the age of eighteen are not allowed to consume and/or buy alcoholic beverages. Once the Tilburg Orientation Program Foundation has issued a warning to an offender, the Tilburg Orientation Program Foundation has the authority to remove this offender from the site of the TOP event concerned.
5.7 TOP participants, TOP Mentors, or TOP Crew are not allowed to engage in promotional activities during events without explicit permission from the Tilburg Orientation Program Foundation, regardless of whether these activities be commercial or idealistic in character.
Article 6. Force Majeure
6.1 In the event of force majeure in the broadest sense of the word, including, but not limited to, sickness of or cancellation by an artist, non-performance of suppliers or suppliers failing to perform in a timely fashion, strikes, fires, weather conditions, authorized orders and instructions, etc., the Tilburg Orientation Program Foundation has the right to move the event entirely or specific activities to a later date or time or to cancel it altogether.
6.2 If due to or as a result of force majeure, the event as a whole or specific activities are cancelled, TOP participants will not be offered any amount of reimbursement by the Tilburg Orientation Program Foundation. Neither can TOP participants claim access to a different event in replacement.
Article 7. Liability and Damage
7.1 The Tilburg Orientation Program Foundation is liable for immediate damage suffered by a TOP participant, TOP Mentor, or TOP Crew directly and exclusively caused by a breach attributable to the Tilburg Orientation Program Foundation. The Tilburg Orientation Program Foundation shall not in any way be liable for damage resulting from events or circumstances beyond its control. The only damage qualifying for compensation is damage against which the Tilburg Orientation Program Foundation is insured and which it is compensated for by the insurer.
7.2 TOP participants, TOP Mentors, and TOP Crew must see to it themselves that they have adequate accident and liability insurance.
Article 8. Intellectual Property Rights
8.1 The Tilburg Orientation Program Foundation hires a professional photographer and videographer during events. The photographs and recordings will be kept on file in the hard drive and in the Tilburg Orientation Program group on Dropbox for a maximum of ten years. Tilburg Orientation Program has adopted appropriate organizational and technical measures to safeguard the photographs and recordings against loss or any form of unlawful processing. The photographs and recordings may be used for Tilburg Orientation Program publications such as posters, flyers, the TOP website, an ‘aftermovie’, and social media. Persons involved can agree to the publication and dissemination for promotional purposes of photographs and recordings made of them on behalf of the Tilburg Orientation Program.
8.2 Unless explicit written permission has been given by the Tilburg Orientation Program Foundation, any commercial use of the brand name or the logo of TOP or its events is strictly forbidden.
Article 9. COVID-19 Measures
9.1 Participants are obligated for complying with the measures of the authorities regarding COVID-19. These measures are described on the official RIVM website.
9.2 Tilburg Orientation Program Foundation will comply to the measures of the RIVM. As such, when the Tilburg Orientation Program Foundation cancels physical events, they will not be held accountable and therefore reimbursement of your registration fee is not possible.
9.3 Participants who do not obey to the COVID-19 measures, can be denied participation to one or more events during TOP Week.
9.4 Denial of participation on the ground of this provision, does not give one the right of reimbursement of the participation fee.
9.5 Foundation TOP can adjust both the organization and activities due to the COVID-19 measures. In such circumstances, TOP can refund part of the participant’s fee, which is to be determined.
Article 10. Concluding Provision
10.1 In case of any disputes arising between the Tilburg Orientation Program Foundation and TOP participants, TOP mentors, and/or TOP crew as a result of a TOP event, in the first instance an attempt will be made to resolve them by consultation between the two parties. If the parties fail to resolve the conflict, the Supervisory Board of the TOP Foundation will give a binding ruling on the matter. In the third instance, disputes will be submitted for assessment to the competent court.
10.2 These Terms and Conditions are governed by Dutch law.
Adopted by the Board of the Tilburg Orientation Program Foundation on December 2, 2021.