General terms and conditions of The Park Playground
These Terms and Conditions apply to all agreements between The Park Playground UK Limited, with registered office in 3rd Floor, Waverley House, 7-12 Noel Street, London, United Kingdom, W1F 8GQ and with company number 12589973 (hereinafter: “The Park”) on the one hand, and the customer (hereinafter referred to as: “the customer”) on the other.
Any order, purchase or booking incorporates our General Terms and Conditions and the regulations for users of the Service (the “Regulations”) and implies the knowledge and acceptance of them by the customer. Any other terms and conditions of the customer can in no way apply (expressly or otherwise) to the contractual relationship between the parties.
We can amend our terms and conditions at any time and you should review them each time that you book with us.
1 Terms and Conditions of Sale
Article 1.1 The Service
The products and services that are offered by The Park and that will be delivered by the customer after purchase (the “Service”), as well as the applicable price (the “Price”), are described on the Website. Only the information that is available on the most current version of the Website is valid, to the exclusion of information on older versions of the Website or on other websites or places. The Park reserves the right at any time to amend the description of the Service and of the Price on the Website to address any clerical or other errors and may treat as void any agreement made on the basis of erroneous information.
The Park reserves the right to change the Price at any time and without prior notice. The price posted on the Website at the time of the Purchase will apply to the Purchase.
The Park will make every effort to provide the Service in accordance with the description given at the time of booking. However, The Park reserves the right to change the content of the Service (for example, the VR-games that are made available) at any time and without prior notice, without this giving rise to any right for the customer to compensation or the reimbursement of a purchased Ticket provided that there is no material reduction in the quality of the Service received by the customer.
Article 1.2 Purchase of the service
Unless expressly provided otherwise, an access ticket to the Service (“Ticket”) will only be valid of purchased directly from The Park or one of its authorized commercial partners. The various steps to proceed with the purchase of a Ticket, as well as the available payment methods, are described on the Website (and, where applicable, the website(s) of the relevant partner(s)). A purchase will only be complete once The Park has received confirmation from the payment institution that payment has been accepted ( “Purchase”). As the payment module is operated by a third party The Park declines any liability with regard to the online payment process.
Where Tickets are purchased from a commercial partner, the terms and conditions of the partner may also apply.
Article 1.3 Quotation
Where The Park provides a quotation, it will remain valid only for the period specified by The Park. If no period is stated, The Park is under no obligation to accept an order made in relation to it. On acceptance of an order by The Park, it shall be entitled to invoice and the customer is obliged to pay in accordance with the payment conditions below (see Article 1.8).
Article 1.4 No right of withdrawal
The customer does not have the right to cancel his purchase unless The Park is notified of cancellation at least fifteen days before the date of the Ticket.
Article 1.5 Change of ticket
Tickets or vouchers are personal, and cannot (except for the limited refund right above) be taken back or refunded, nor may they be transferred or resold.
Up to one week before the date of the provision of the service, the customer can change the date of the Ticket if there are still places available.
Any voucher or credit note is valid for one year, and can only be used for the purchase of a new Ticket. The new Ticket that is obtained with a voucher cannot be changed or exchanged again.
Article 1.6 Gift vouchers or discount coupons (codes)
The customer can purchase a gift voucher as a gift.
The rules that apply to Tickets and vouchers also apply to gift vouchers and discount coupons, subject to any special conditions stated on the gift voucher or discount coupon.
Gift vouchers cannot be combined with other promotions. Discount coupons also cannot be accumulated and only one coupon may be used in relation to a purchase.
Article 1.7 Force majeure
If The Park is temporarily unable to perform the agreement or the Service due to a force majeure event, it will have the right to suspend its obligations for the duration of the force majeure event. In the event of a force majeure event, The Park's obligation is limited to offering the customer a voucher that will be valid for one year (and no compensation will be payable).
Force majeure events include (but are not limited to): strikes, protests, acts of terrorism, lock-downs, fires, pandemics, epidemics, power failures, breakdowns in the IT and/or software infrastructure and restrictions imposed by local or national government.
Article 1.8 Payment terms
Where a Ticket is purchased other than on the Website, the customer must pay The Park’s invoice no later than the due date indicated on the invoice, or 48 hours before the provision of the Service, depending on which term expires first.
If payment is not made 48 hours before the time of provision of the Service, The Park has the right to cancel the Service but shall offer a voucher of equal value to the customer upon receipt of payment. The customer remains obliged to pay the invoice.
If the customer does not pay an invoice on the due date, The Park shall be entitled to:
(a) charge interest on the outstanding amount at the rate of 8% over the base rate of The Park’s bank’s base rate from time to time and to invoice the Customer for the amount of £25 to cover The Park’s cost of recovery; and/or
(b) terminate this agreement without sending a payment reminder to the Customer.
2 Regulations for users of the Service (Regulations)
Article 2.1 Acceptance of the Regulations
The Regulations apply to anyone who obtains access to the site at which the Service (Service) is provided (Location) and to anyone who makes use of the Service (the “User”).
By using the Service, each User fully accepts the Regulations and agrees to comply them.
Article 2.2: Compliance with the Regulations
In order to enforce the Regulations, The Park may refuse a User access to the Service and/or the Location, and may take all reasonable steps in relation to the User including, where appropriate, preventive measures. Each User shall follow the (security) instructions given to him/her, in particular with regard to gaining access to the Service and/or the Location and with regard to the use of the devices and facilities that are made available.
If a User does not comply with these Regulations whilst at the Location, The Park may require the User to leave the Location and/or refuse the provision of the Service, without this giving rise to any User right to compensation and/or refund.
The User will use the Service, as well as the facilities, devices and attributes provided at the Location, with due diligence.
The User shall not be under the influence of alcohol, or soft or hard drugs. The User will use the Service with respect for the other Users and the employees of The Park. Sexual or racist comments shall not be accepted and shall lead to the cancellation of the Service with demand to leave the Location.
To the extent permitted by law, The Park is not liable for damage or loss resulting from non-compliance with the Regulations.
Article 2.3: Access to the Service
Unless explicitly agreed by The Park in writing, no User may be less than 13 years of age. The Park can request proof of the age of the User at any time. Users who do not meet the minimum age requirement will not be admitted to the Service, without this giving rise to any User right to compensation and/or refund. Evidence of identity can be required from each User at any time.
Article 2.4: Access to the Service by Children (three to 13 years)
A User under the age of 18 must be accompanied by an adult User and remains the responsibility of that adult whilst at the Location (responsible adult). Proof of the age of the responsible adult or a child User can be requested at any time. The headset VIVE is not designed to be used by children under the age of 13. Accordingly, the responsible adult takes all responsibility for deciding whether or not a child should be permitted to use the headset and The Park reserves the right to limit such use to the K3-application or the De Mol-application. The use is limited to one (1) hour.
The responsible adult is required to monitor the child at all times when using the headset and to take all appropriate steps in relation to such use (for example, for health reasons, negative effects, inappropriate use or when the child complains). Use of the Service
The User will use the Service, as well as the facilities, devices and facilities provided at the Location, with due care.
The User shall not be under the influence of alcohol, or soft or hard drugs whilst at the Location. The User will use the Service with respect for the other Users. The User will follow all reasonable guidelines of The Park staff at all times.
Article 2.5: Liability
The customer acknowledges that the User (in the case of a minor, the responsible adult), is liable for any damage to persons or goods caused by his/her acts or omissions and for any loss or theft of, or damage to the equipment used by the User when using the Service, at the rates specified on the Website. The customer agrees to refund The Park for any amount claimed from the User by The Park which is not refunded by the User.
The Park acknowledges and agrees that it is liable for death or personal injury caused by its negligence and for any other liability which may not be limited or excluded by law. Subject to this:
The User enters the Location and uses the Service at his/her own risk.
The Park is not liable for the consequences of use by a child under the age of 13 and the User is liable for such consequences.
The Park disclaims any liability in the case of incompatibility between the Service and the medical condition of the User. Users who make use of the Service despite their state of health (pregnant women, people recently released from hospital, asthma patients, epileptics, etc.) do so at their own risk.
The use of the Service by a minor is at the risk of the responsible adult who is responsible for supervising the minor and for the minor's compliance with these Regulations.
The Park is not liable in the event of loss or theft of or damage to the User’s property. If lockers are made available to Users, their use is at the User's own risk, and The Park is not liable for any disappearance, loss or theft of, or damage to objects stored in them. Lost property will be stored by The Park for one week, after which it will be disposed of.
The User (in the case of a minor, the responsible adult), is liable for any damage to persons or goods caused by his/her acts or omissions, and will refund The Park for any amount claimed by a third party which results from that User’s failure to comply with the Regulations.
The User (in the case of a minor, the responsible adult), is liable for any loss or theft of, or damage to the equipment used by the User when using the Service, at the rates specified below:
HTC Vive Focus 3 headset: £1165
HTC Vive Focus 3 controller: £250
Plastic gun: £150
Desktop PC: £1500
PC screen: £150
HTC Vive focus 3 battery Pack: £100
HTC Vive focus 3 adapter: £40
HTC Vive pro headset: £1500
HTC Vive pro controller: £250
The User acknowledges that these amounts are reasonable and reflect the value of the equipment.
Article 2.6: Ticket validity
The Ticket is valid, and gives access to the Service described on the Ticket exclusively on the date, at the start time and until the end time stated on the Ticket. The way(s) in which the Ticket can be used and validated is (are) described on the Website. Tickets that do not comply with these requirements will not be accepted (and this will not give rise to any compensation or refund of the Ticket).
Special conditions and restrictions with regard to the validity and enforceability of the Ticket may be described on the Website or on the Ticket (and, as the case may be, the relevant partner website(s)), and will apply in addition to, and as the case may be, in deviation from the provisions of these General Terms and Conditions. The Park shall not be liable in the event of the unlawful use of a Ticket as a result of loss or theft. Each User must be at the Location no later than 15 minutes before the start time stated on the Ticket. If the User does not arrive on time, the delivery of the Service is not guaranteed, without this giving this giving rise to any User right to compensation and/or refund..
Article 3.1 Complaints and claims
Any complaint that the customer may have regarding The Park must be submitted in writing within a reasonable period of time (which in most cases will be 5 days after the provision of the Service or after the complaint has arisen). The Park is not required to take action in relation to other complaints.
Any claim for damage must be submitted to The Park in writing within a reasonable period of time (which in most cases will be 10 days after the occurrence of the damage). The Park is not liable in relation to other claims.
Where the customer is a business, it agrees that any claim against The Park must be brought against The Park no later than one year after the cause of the claim arose.
The above deadlines are agreed and accepted by the parties in order to avoid a problem with regard to evidence, and to allow The Park to investigate the complaint or the damage in a timely manner and to take the necessary measures.
Where the customer is a business and save to the extent that The Park’s liability may not be limited or excluded by law, The Park’s liability shall not exceed the amount paid by the customer to The Park in respect of the Service the subject of a claim.
Where the customer is a consumer, its statutory rights are not affected by this Article.
Article 3.2 Severability clause
If one of the articles or a part of the General Terms and Conditions is not enforceable, that article or part shall be void and the article or part will be amended by agreement of the parties to reflect the original intention of the parties, as well as the purpose and scope of the applicable provision.
Article 3.3 Forum clause and choice of law
English law is applicable to any dispute between the parties, and the English courts have exclusive jurisdiction.