General terms and conditions of The Park Playground
These General Terms and Conditions consist mainly of (1) the Terms and Conditions of Sale, (2) the regulations for users of the Service (the “Regulations”) and (3) Miscellaneous. The General Terms and Conditions are available on the www.theparkplayground.be and www.theparkplayground.com websites (the “Website”). The provisions of each section are generally applicable.
The General Terms and Conditions can be amended by The Park at any time. The General Terms and Conditions that are applicable at the time of the Purchase will apply. These Terms and Conditions apply to all agreements between The Park Entertainment BV, with registered office in 5616LH Eindhoven, Kastanjelaan 1B Netherlands and with company number 77794508 and VAT nr. NL861147807B01, (hereinafter: “The Park”) on the one hand, and the customer, i.e., in general the counterparty of The Park, (hereinafter referred to as: “the customer”) on the other.
Any order, purchase or agreement implies the knowledge and acceptance of the Terms and Conditions by the customer. Any other terms and conditions of the customer can in no way apply to the contractual relationship between the parties, not even tacitly.
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 description of the Service and the Price on the Website is always expressly subject to clerical or material errors.
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. The Park reserves the right to change the content of the Service 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.
Article 1.2 Purchase of the service
Unless expressly provided otherwise, an access ticket to the Service (“Ticket”) can only be purchased online, on the Website and/or on the website of 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)). The agreement is considered as concluded once The Park has received confirmation from the payment institution that payment has been accepted (the “Purchase”). As the payment module is operated by a third party, no information regarding payment will be passed on to The Park, which declines any liability with regard to the online payment process.
In the case of Tickets purchased from a commercial partner, the buyer may be bound by additional terms and conditions of the partner.
Article 1.3 Quotation
All offers remain valid for the period specified by The Park. If no term is stated, the quotation is without obligation. After acceptance of the offer by the customer, the agreement is concluded and the customer is obliged to pay in accordance with the payment conditions (see Article 1.8). Changes to the quotation are possible as provided for in Article 1.5.
Article 1.4 No right of withdrawal
In accordance with Article VI in 53 12° of the Code of Economic Law, the customer does not have the right to cancel his purchase.
Article 1.5 Change of ticket
Tickets or vouchers are personal, and cannot 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 convert his ticket into a voucher worth the purchase price of the Ticket, or change the date of his ticket if there are still places available. The 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 the 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 special conditions stated on the voucher or gift voucher. Gift vouchers cannot be combined with other promotions, however. Discount coupons also cannot be accumulated.
Article 1.7 Force majeure
If The Park is temporarily unable to perform the agreement or the service properly due to force majeure, it will have the right to suspend the agreement for the duration of the force majeure situation. In the event of temporary force majeure, The Park's obligation is limited to offering the customer a voucher that will be valid for one year.
The Park will not owe the customer any compensation in the event of force majeure. Cases of force majeure include: strikes, protests, acts of terrorism, lock-downs, fires, pandemics, epidemics, power failures, breakdowns in the IT and/or software infrastructure, restrictions imposed by the government or by the city, the shortcomings or actions of subcontractors, suppliers or third parties in general.
Article 1.8 Payment terms
The customer must pay the invoices no later than the due date indicated on the invoices, or 48 hours before the provision of the service, depending on which term expires first.
In the absence of payment 48 hours before the provision of the service, The Park has the right to cancel the service and to offer a voucher to the customer upon receipt of payment. In any case, the customer's payment obligation continues to apply.
In case of default of payment of the invoices on the due date due to default of the customer, the amount will be increased by 15% of the amount due, with a minimum of 25 € as compensation, as well as interest at a rate of 12% on the principal amount due, without prejudice to the right to compensation for the actual loss suffered. In the event of non-payment on the agreed due date, or in the event of a serious breach of his/her contractual obligations by the customer, The Park has the right by operation of law to dissolve the agreement or to cancel the provision of the service without sending a reminder.
2 Regulations for users of the Service
Article 2.1 Acceptance of the regulations
The Regulations apply to anyone who obtains access to the Location and to anyone who makes use of the Service (the “User”).
By mere use of the Service, the User fully accepts the application of the Regulations and acknowledges having taken note of them. After all, the regulations are made available to every user in every location. The user must agree to the regulations prior to using the service. The agreement can be given explicitly, implicitly, verbally or in writing.
Article 2.2 Compliance with the regulations
In order to enforce these Regulations, the staff of The Park has the right to refuse a User access to the Service, as well as to the location at which the Service is provided (the “Location”), and to take all reasonable and, 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 attributes that are made available. If these Regulations are not complied with, the staff of The Park may order any User who violates the Regulations to leave the Location and can refuse the provision of the Service, without this giving rise to any compensation or refund of the User's Ticket.
The Park declines any liability in the event of damage that is the result of non-compliance with the provisions of the Regulations.
Article 2.3 Access to the service
2.3.1 In general
A minimum age applies for the use of the Service: Unless explicitly stated otherwise, this is set at 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 compensation or refund of the User's Ticket. Children under the age of 18 must be accompanied by an adult User or person, and remain under the sole responsibility of the latter. Proof of the age of the responsible person or the child can be requested at any time. Users can be required to identify themselves at any time.
The Ticket is valid, and gives access to the Service described on the Ticket exclusively on the date, start time and 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 regulations 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 Terms and Conditions of Sale.
The Park declines any liability in the event of the unlawful use of a Ticket as a result of loss or theft. The User will 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 cannot be guaranteed, without this giving the User any right to compensation or reimbursement.
2.3.2 Children below the age of 13 years old
The Park wishes to inform the parents or responsible adults about the use of the headset VIVE focus 3 by children below the age of 13 years old.
The headset was not designed to be used by children.
The Park allows the parents or responsible persons accompanying the children to decide for themselves whether they allow their or the children to use the headsets.
If the use of the headset should be allowed for children below 13 years old, The Park shall in every case take the following measures:
The use of the headset is only allowed with the K3-application or the The Snitch-application, which are child friendly;
The accompanying adult is required to monitor the child which is using the headset with his/her approval closely and shall be responsible to act immediately when this should be necessary. (e.g. For health reasons, negative effects, inappropriate use or when the child complains);
The use is limited to one (1) hour.
The Park insists however that the use of the headset by a child below the age of 13 years old shall take place under the entire responsibility of the parent or accompanying adult. The Park disclaims any liability as The Park only provides the headset but is not in charge of monitoring or taking care of the child and does not take the decision to allow the child to use the headset.
If any questions such arise in regard to the use of headsets by children, The Park shall be happy to answer them on location.
Article 2.4 Use of the service
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. The User will follow all reasonable guidelines of The Park staff at all times.
Article 2.5 Liability
The User enters the Location and uses the Service at his/her own risk.
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 hospitalised, asthma patients, epileptics, etc.) do so at their own risk.
The use of the Service by a minor is at the minor's own risk on the one hand, and at the risk of the parents or the responsible adult accompanying the minor (hereinafter: responsible person) on the other, with the latter being responsible for the supervision of the minor and for the minor's compliance with the regulations. The Park excludes any liability resulting from the use by minors of the equipment made available by The Park. It is up to the own decision and appreciation of the parent or the person in charge to allow the minor to use the service.
The User and/or, where applicable, his/her parent or person in charge, is solely liable for any damage to persons or goods caused by his/her acts or omissions, and will indemnify and compensate The Park with regard to any claims by third parties. By using the service, the User and/or, if applicable, his/her parent or responsible person, accepts the potential risks associated with the service.
The Park is not liable in the event of loss, theft or damage to objects on and around the Location. If lockers are made available to Users, their use is at the User's own responsibility and risk, and The Park is not liable for any disappearance, loss or theft of, or damage to objects. Lost objects will be kept for one week, after which they will be disposed of.
In the case of the loss or theft of, or damage to the material used by the User when using the Service, the following fees will be charged to the User at a flat rate:
HTC Vive Pro and Focus 3 headset: € 1100
PC rucksack: € 2,500
Rifle: € 250
HTC Vive controller: € 250
Desktop PC: € 1,600
Leap Motion: € 75
Oculus Quest 2 headset: € 800
Oculus Quest 2 controller: € 100
Oculus Quest 2 strap: € 50
Anti-Latency tracker: € 600
Screen : €200
The User acknowledges that these amounts are reasonable and in accordance with the value of the material. In all cases, the obligation of The Park to pay compensation, regardless of the legal basis, is limited to damage against which The Park is insured under an insurance policy it has taken out. The compensation is therefore never higher than the amount paid out by the insurance.
If, despite the provisions of these General Terms and Conditions, The Park would nevertheless be held liable, for any reason whatsoever, for damage suffered by the customer that is not compensated by the insurance, the liability of The Park will be limited to the repair of foreseeable, direct and personal physical damage suffered by the User, with the exclusion of any indirect damage such as, but not limited to, business loss, loss of income or profit, loss of customers or contracts, or loss or damage to goods.
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. Late complaints are no longer acceptable. The starting point for the reasonable period is considered to be 5 days after the provision of the Service or after the complaint has arisen. Any claims for damage must be submitted to The Park in writing within a reasonable term. A late notification of damage is no longer acceptable. A reasonable period of time is considered to be 10 days after the occurrence of the damage.
Any legal claims of the customer against The Park must, under penalty of forfeiture, be brought against The Park no later than one year after the customer has made a timely complaint or damage report. The above-mentioned mandatory 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. If the rights of The Park are jeopardised by a late notification from the customer, any complaint or claim for damage will, in any case, be rejected.
Article 3.2 Severability clause
If one of the articles or a part of the General Terms and Conditions would constitute a ground for nullity, this annulment will be limited to that article, and the article will be amended by the parties in mutual consultation, or the article must be re-defined, taking the intention of the parties into account, as well as the purpose and scope of the violated provision.
Article 3.3 Forum clause and choice of law
Dutch law applies to any dispute between the parties and the courts of the judicial system district of the park's registered office has exclusive jurisdiction.