GENERAL TERMS AND CONDITIONS Backspace Escape Room BV
1.1 These general terms and conditions apply to - and form an integral part of - every offer, quotation and / or agreement that relates to services to be delivered by Backspace Escape Room BV, established in Amsterdam, hereinafter referred to as: "Backspace" of any nature whatsoever, unless explicitly agreed otherwise in writing.
1.2 In these general terms and conditions, "the customer" means: any (legal) person who orders and / or purchases services from or via Backspace.
1.3 These terms and conditions prevail over any other terms and conditions that may be applied by the customer, unless otherwise agreed.
1.4 These conditions can only be deviated from if the parties have explicitly agreed in writing.
2. Establishment and amendment of the agreement
2.1 All offers and quotations made by Backspace, in whatever form, are without obligation unless a period for acceptance is included in the offer. Only after written confirmation from Backspace or through actual implementation by Backspace does an agreement come into existence.
2.2 Obvious errors or mistakes in the offers of Backspace relieve her of the obligation to comply and / or any obligations for compensation ensuing therefrom, also after the conclusion of the agreement.
2.3 A confirmation by e-mail from the customer on a quotation from Backspace is considered as a written confirmation of the offer and / or quotation and thus the conclusion of the agreement.
2.4 The person who enters into the agreement on behalf of, or for the benefit of, a group is jointly and severally liable for all obligations arising from this agreement.
3.1 All prices mentioned in offers and / or quotations for business customers are exclusive of VAT.
3.2 All prices stated on the website for consumers include VAT
4.1 In the case of reservations, payment must be made no later than the day of participation, unless otherwise agreed in writing in advance.
4.2 If payment after invoicing has been agreed, payment must in any case be made within fourteen (14) days after the invoice date.
5.1 If payment is not made on time, the customer is legally in default without a notice of default being necessary. From that moment on, the customer owes Backspace statutory interest as referred to in Article 6: 119 or Article 6: 119a of the Dutch Civil Code.
5.2 In the event that after the expiry of a further payment period set by a written reminder, no payment has yet been received, the customer owes a fine equal to 10% of the principal sum due to Backspace including VAT, regardless of whether Backspace has had to incur extrajudicial collection costs and without prejudice to Backspace's right to claim compensation.
5.3 Without prejudice to the other rights of Backspace under this article, the customer is obliged to Backspace to reimburse the collection costs that Backspace had to incur and which go beyond sending a single demand or just doing a - not accepted - settlement proposal, obtaining simple information or compiling the file in the usual way. These costs are determined on the basis of the applicable guidelines at courts in the Netherlands.
5.4 The applicability of Article 6:92 of the Dutch Civil Code is excluded with regard to the penalty clause included in this article.
6.1 It is possible to cancel or make changes free of charge up to 7 days prior to the date of visit. Such cancellation and / or change must be in writing or by e-mail, with a date.
6.2 In the event of a partial or complete cancellation within 7 days prior to the date of visit, the customer owes 100% of the total amount, unless otherwise specified in writing.
6.3 If, in the case of a reservation for several people, one or more of the number of people specified does not show up without timely cancellation, the entire agreed amount is due.
6.4 Backspace is at all times entitled to unilaterally cancel a reservation due to its motivating - whether or not it is business organization - reasons, without having to pay any (damage) compensation for this to the customer. However, this with immediate repayment of any money already paid to Backspace by the customer.
6.5 All the above cancellation conditions also apply to the catering and other services that have been agreed per quotation.
7.1 Entering the Backspace facilities and the surrounding grounds is at your own risk.
7.2 Everyone is obliged to follow the instructions of Backspace employees at all times.
8 Liability Backspace
8.1 Any liability of Backspace for damage (also as a result of theft) which customers or visitors suffer is excluded, unless this is mandatory by law.
8.2 The foregoing applies to everyone and regardless of whether the damage is caused by (but not limited to): - entering the escape rooms; - an accident during the visit to the escape rooms or any accident with other customer (s) and / or employee (s); - circumstances attributable to the customer or visitor.
8.3 In the event that Backspace should nevertheless prove to be liable, that liability is limited to a maximum of the amount that is paid out under the liability insurance in the case concerned.
9 Customer liability
9.1 Customers (and others accompanying them) are jointly and severally liable for damage resulting from loss, theft or damage to the property or property of (employees of) Backspace and third parties, as well as for any injury caused to employees of Backspace and third parties, regardless of whether the damage or injury is the result of any acts or omissions of customers themselves, or others who were on the Backspace site with the permission of customers.
9.2 All games in the escape rooms of Backspace are made in such a way that they can be opened or resolved with policy and the necessary inventiveness. The necessary care is expected from Backspace. It is explicitly not allowed to force games, and / or game components, that is to say, by using force, to open or solve them. In the event of damage to games and / or property caused by incorrect use of an escape room, Backspace reserves the right to recover this damage from the customer (s) concerned.
9.3 Customers indemnify Backspace against all claims with regard to damage from third parties that are (partly) the result of any actions or omissions of the customer, or others who were on the premises of Backspace with the permission of the customer.
10.1 Backspace is authorized to suspend the fulfillment of its obligations or to dissolve the agreement if: - the customer does not or not fully comply with the obligations under the agreement; - the conclusion of the agreement with Backspace comes to light on circumstances that give good reason to fear that the customer will not fulfill his obligations; - at the conclusion of the agreement, the customer was requested to provide security for the fulfillment of his obligations under the agreement and this security is not provided or is insufficient. As soon as security has been provided, the power to suspend expires, unless this satisfaction is unreasonably delayed as a result.
10.2 Backspace is authorized to dissolve the agreement (or cause it to be dissolved) if circumstances arise that are of such a nature that fulfillment of the agreement can no longer be demanded or if standards of reasonableness and fairness are no longer required, or if circumstances of that nature arise otherwise. that unaltered maintenance of the agreement cannot reasonably be expected.
10.3 If the agreement is dissolved, the claims of Backspace on the customer are immediately claimable. If Backspace suspends compliance with the obligations, it retains its rights under the law and agreement. 10.4 Backspace always retains the right to claim compensation.
11.1 Complaints regarding the activities organized by Backspace must be submitted to Backspace in writing (by registered mail) within 5 working days after the end of the activities.
11.2 Submitting claims will never suspend any payment obligation on the customer.
12 Disputes and applicable law
12.1 If there is uncertainty about the interpretation of one or more provisions of these general terms and conditions, the interpretation of that provision (s) must take place "in the spirit" of these general terms and conditions.
12.2 Dutch law applies to an agreement concluded with Backspace. All possible disputes relating to this agreement or arising from this agreement will in the first instance be settled exclusively by the competent court in the district in which Backspace is located at the time of entering into this agreement.
13.1 These general terms and conditions have been filed at the office of the Chamber of Commerce in Amsterdam.
13.2 These terms and conditions are listed on the website https://www.backspace-escaperooms.nl/aleral-conditions