General Terms and Conditions Room Escape Enschede. These Terms and Conditions come into effect per the 1st of March 2015, for agreements concluded on or after that date.
Article 1. General
- These Terms and Conditions (hereafter T&Cs) apply to every offer and agreement between Room Escape Enschede, located at the Hoge Bothofstraat 49, 7511ZA Enschede, hereafter the “entrepreneur”, and a contracting party to which the entrepreneur has declared these T&Cs applicable, unless the parties have explicitly diverted from these T&Cs in writing.
- The T&Cs are known to both parties at the start of the agreement. The contracting party accepts the applicability of these T&Cs by entering an agreement with entrepreneur or factually participating in an activity or through payment of the agreed price or a part of it.
- The present T&Cs also apply to agreements with the entrepreneur, for which he has sought contributions from third parties.
- In the case of the defeasibility at a given moment of one or more of the provisions in these T&Cs, then these T&Cs will still remain valid. The contracting party and the entrepreneur will enter into consultations in order to agree on new provisions that will replace the ones that have been cancelled, while the purpose and meaning of the original provisions will be safeguarded as much as possible.
- If the entrepreneur is not always aiming at strict compliance of these T&Cs, this does not imply that these T&Cs do not apply, or that entrepreneur would in one way or another lose the right to request strict compliance with the T&Cs in other instances.
- The T&Cs of the entrepreneur will always prevail over the T&Cs of the contracting party.
- The entrepreneur is only bound to the agreement and/or amendments or additions thereto, if the contracting party has accepted them in writing.
Article 2. Offers and quotes
- All offers and quotes provided by the entrepreneur are without obligations, unless the offer contains a period for acceptance. If no period of acceptance has been provided, then no rights can be obtained if the product or service referred to in the offer is no longer available.
- The entrepreneur cannot be held to offers or quotes if the contracting party can reasonably understand that the bids or offers, or any part thereof, are subject to an obvious mistake or error.
- If acceptance differs (whether or not in minor parts) from the entrepreneur’s offer, then the entrepreneur is not bound to the acceptance. In this case, the agreement is not formed according the differing acceptance, unless the entrepreneur indicates otherwise.
- An offer comprising several elements does not oblige the entrepreneur to deliver part of the order to the corresponding part of the given quote. Offers and quotes will not automatically apply to future commissions.
Article 3. Payment
- The contracting party must make the payment in Euros, in accordance with the agreed terms, unless agreed differently in writing.
- If the contracting party, in spite of written prior notice, does not comply with the payment obligation within two weeks after the written reminder, the entrepreneur has the right to end the agreement with immediate effect without prejudice to the right of the entrepreneur to the full payment of the agreed price.
- The entrepreneur can deny access to the activity if, at the day of the activity, the entrepreneur has not received the full payment, unless agreed differently in writing. This does not affect the entrepreneur’s right to receive the full payment of the agreed price.
- The extrajudicial costs reasonably incurred by the entrepreneur after a notice of default shall be charged to the contracting party. In the event the total sum has not been paid in time and after a demand for payment has been made in writing, then the legally determined interest percentage will be applied to the outstanding amount.
- The right of the contracting party to offset his claims to the entrepreneur is explicitly excluded unless the entrepreneur has gone bankrupt.
- Immediate payment in full can be required if:
- a payment date has been exceeded
- the contract party is declared insolvent or bankrupt
- the contracting party or his company will be dissolved or put into liquidation
- the contracting party (natural person) is placed under legal restraints or dies.
Article 4. Amendment to price
- Should extra costs through an increased burden on the part of the entrepreneur be incurred after determination of the agreed price, as a result of a change in expenses and/or levies that directly concern the activity of the contracting party, these can be passed on to the contracting party, also after the conclusion of the agreement.
Article 5. Cancellation
- Cancellation is free of charge until 7 (seven) days prior to the activity.
- For cancellation up to 3 (three) days prior to the activity, 25% of the invoiced amount will be charged.
- For cancellation within 3 (three) days prior to the activity, 50% of the invoiced amount will be charged.
- If the contracting party cancels on the day of the activity or fails to show up at the agreed day and time, then the contracting party is obliged in all circumstances to pay 100% of the agreed price.
- A cancellation is only valid when the contracting party has received a confirmation email from the entrepreneur. Without confirmation, there is no cancellation.
Article 6. Amendment of the agreement
In case the entrepreneur amends the agreement, he will offer the contracting party an alternative. The entrepreneur must be notified immediately if the contracting party rejects the alternative option. In this case, the contracting party is entitled to a full refund of already made payments that refer to parts of the activity that have not been delivered.
- The contracting party has until 3 days prior to the activity to inform the entrepreneur about changes in the number of participants. If it turns out that at the day and time of the activity, the number of participants is less than agreed, then the full agreed amount needs to be paid for these participants.
Article 7. Unfeasibility of the agreement
- The entrepreneur has the right to suspend or cancel the execution of the agreement in the case of important circumstances that are unresolvable or unavoidable, such as weather conditions, general strikes, etc.. The entrepreneur is obliged to inform the contracting party immediately with justification.
- If the fulfilment of the agreement becomes permanently impossible, then the agreement can be dissolved for the part that has not been executed. In that case, none of either parties is entitled for a compensation as a result of damage suffered or yet to be suffered as a result of the termination.
Article 8. Liability
- The entrepreneur is not liable for any accident, theft or damage unless it is the result of a shortcoming that can be attributed to the entrepreneur.
- The entrepreneur is not liable for the consequences of extreme weather conditions or other forms of force majeure.
- Loss and/or damage incurred by the participants’ use of the entrepreneur’s or third party’s materials will be charged to the contracting party.
- The entrepreneur is only liable for direct damage.
- Under direct damage is exclusively understood the reasonable costs to assess the cause and extent of the damage, to the extent that such assessment concerns damage within the meaning of these general conditions; any reasonable costs necessarily incurred to have the entrepreneur’s, defective performance conform to the agreement, as far as these can be attributed to the entrepreneur; and reasonable costs incurred to prevent or limit the damage, to the extent that the contracting party demonstrates that those costs led to a limitation of the direct damage referred to in these general conditions. The contractor’s liability for all other damage, such as indirect damage, including consequential damage, loss of profits, missed savings or damage due to business interruption is hereby excluded.
Article 9 Applicable law and disputes
- All legal relationships to which the entrepreneur is a party shall be exclusively governed by the laws of the Netherlands, even when the agreement is completely or partially executed abroad or if the legal relationship is with a contracting party domiciled there.
- The applicability of the Vienna Sales Convention is explicitly excluded. The District Court in the registered place of business of the entrepreneur has exclusive jurisdiction to hear all disputes, unless imperatively prescribed otherwise by law. Nevertheless, the entrepreneur will be entitled to submit any disputes to the competent court according to the law.
- Parties shall only call for legal intervention after they have done their utmost to solve a dispute in mutual consultation.