General conditions
Article 1 Definitions
In these general terms and conditions, the following definitions shall apply:
- 1. Planet Awesome Nijmegen: Planet Awesome Nijmegen B.V., user of these general terms and conditions, and anyone authorized to use this trade name.
- 2. Guest: any natural person who as a visitor makes use of the facilities offered by Planet Awesome Nijmegen, as well as any person who enters the location of at Planet Awesome Nijmegen, regardless of whether they make use of a Facility of Planet Awesome Nijmegen.
- 3.Facilities: Facilities include:
- Electric Go-Karting
- Bowling
- Karaoke
- Glow in the dark golf
- Lasergamen
- Arcade games
- Catering Square
- Skylounge
- 4. Package: a combination of two or more facilities.
- 5. Visitor: a natural or legal person who has entered into an agreement with Planet Awesome Nijmegen for the purpose of using the facilities of Planet Awesome Nijmegen, and also the person who has placed a reservation with Planet Awesome Nijmegen for one or more facilities.
- 6. Agreement: the binding agreements made between Planet Awesome Nijmegen and the visitor that are established by written or electronic acceptance of the offer by the visitor.
- 7. Offer: the conditions under which Planet Awesome Nijmegen makes its facilities available to visitors.
- 8. Price: the agreed purchase price for the facilities.
Article 2 General
- 1. These general terms and conditions apply to any agreement entered into by Planet Awesome Nijmegen, as well as any participation in any of Planet Awesome Nijmegen's facilities.
- 2. These terms and conditions shall prevail over any other set of terms and conditions that may be used by any visitor, unless otherwise agreed in writing. Any reference by the visitor to their own terms and conditions will not be accepted by Planet Awesome Nijmegen. Any purchase conditions or general terms and conditions of the visitor, however named, are thus not applicable unless expressly accepted in writing by Planet Awesome Nijmegen.
- 3. In addition to these general conditions, we also have gift certificate conditions.
Article 3 Payment and reservations
- 1. Payment must be made before using any facility.
- 2. All prices charged by Planet Awesome Nijmegen are inclusive of VAT, unless otherwise stated.
- 3. In case of reservations, 100% of the fee to be paid is to be paid in advance. The remaining amount is to be paid on the day of participation, unless otherwise agreed in writing.
- 4. If payment after invoicing has been agreed upon, payment must in any case be made within fourteen (14) days of the invoice date. This term is fatal. This means that after that date the visitor is legally in default.
- 5. Upon the occurrence of the default referred to in paragraph 3, the visitor shall owe a contractual interest rate of 15% per annum. In addition, the visitor shall owe the extrajudicial collection costs subject to the legal limitations.
- 6. Upon the occurrence of the default referred to in paragraph 3, all discounts, however named, including, but not limited to, offers and group discounts shall expire.
- 7. Payments using gift certificates can be made either digitally or physically on location. We also use gift voucher conditions as a supplement to these general conditions.
Article 4 Cancellations
- 1. If a visitor who is not acting in the exercise of a profession or business - a consumer within the meaning of the law - fails to pay in accordance with what has been agreed Planet Awesome Nijmegen reserves the right to cancel any reservation and charge the actual cost of cancellation.
- 2. If a visitor who does act in the exercise of profession or business - a company or a legal entity - does not pay in accordance with what has been agreed upon, Planet Awesome Nijmegen reserves the right to cancel any reservation and claim 50% of the turnover to be expected as a result of the reservation in question, including service charges and VAT, depending on the time of cancellation.
- 3. If a visitor independently decides to terminate the use of any facility early, no refund will be issued.
Article 5 Safety and House Rules
- 1. Entering Planet Awesome Nijmegen's facilities and surrounding grounds is at your own risk.
- 2. When entering the venue, one knowingly enters an environment in which there is an increased risk of damage or injury. Planet Awesome Nijmegen uses strict rules in order to ensure the safety of every guest.
- 3. In entering the facilities of Planet Awesome Nijmegen and the surrounding grounds, one accepts an increased risk, and also agrees to the applicable safety regulations. These regulations are displayed in various places, and are available free of charge at any registration desk. They are also listed on the Planet Awesome Nijmegen website.
- 4. The consequences of failure to request or comply with any safety regulations are at your own expense and risk.
- 5. Every guest is obliged to follow the instructions of Planet Awesome Nijmegen staff at all times.
- 6. Guests using the facilities should:
- have taken cogn izance of the difficulty, severity and risks of the activities covered by the agreement;
- to have reported all medical and/or conditional peculiarities of himself and/or the person for whom the agreement is entered into in a timely and complete manner to the staff of Planet Awesome Nijmegen;
- physically able to participate without endangering themselves or others.
- 7. You are not allowed to bring your own drinks or food.
- 8. Smoking on the premises is prohibited.
- 9. If and insofar as an employee of Planet Awesome Nijmegen suspects that a guest has been guilty of theft or any other criminal offense, this will be reported to the police without delay.
- 10. Planet Awesome Nijmegen has house rules, which must be followed by every guest and employee in order to ensure a safe and enjoyable visit to our facilities for all. These house rules will be posted visibly in various places, and can also be found on our website.
Article 6 Camera surveillance
- 1. Safety of our guests and employees, and their property is of great importance to Planet Awesome Nijmegen. Therefore, the people present, their property, and that of Planet Awesome Nijmegen itself are watched over in a professional manner. This has everything to do with our far-reaching legal and moral duty of care as a family entertainment company.
- 2. The placement of cameras in various places on our premises is also necessary to ensure that unexpected serious violations of house rules, the law, and transgressive behavior (such as crimes, undesirable behavior) are recorded in a responsible manner to be used as evidence in civil or criminal proceedings, and the prior investigation by police or a private investigation agency. Without this use of cameras, adequate surveillance is not possible.
- 3. By perusal and acceptance of these terms and conditions, each guest has taken note of this information and agrees to this camera surveillance as soon as the guest visits Planet Awesome Nijmegen.
- 4. Planet Awesome Nijmegen will in no case keep the camera images longer than four weeks. During those four weeks the images will be properly secured. Under no circumstances will the images be used for purposes other than those described in this article.
Article 7 Minors
- 1. Children up to and including twelve years old must be accompanied by an adult when visiting Planet Awesome Nijmegen, who must supervise the children. For that reason, unaccompanied children may have their age checked at the entrance to Planet Awesome Nijmegen.
- 2. Adult supervisors are at all times responsible and accountable for the behavior of the minor children they bring or supervise.
- 3. All minor children up to the age of 18 years are at all times under the responsibility of their parents or legal guardians. This responsibility extends to any damage caused by their children.
Article 8 Liability
- 1. Planet Awesome Nijmegen accepts no liability for damage, loss or theft of guest's property, accidents resulting in any way from use of any facility, injury or any other harm that a guest may suffer in connection with a visit to Planet Awesome Nijmegen, unless Planet Awesome Nijmegen's liability is mandated by law.
- 2. If Planet Awesome Nijmegen should be liable in any way, then such liability shall always be limited to a maximum of the amount that is compensated in the case concerned under the liability insurance of Planet Awesome Nijmegen, increased by the amount of the deductible that applies to Planet Awesome Nijmegen according to the policy terms and conditions, and expressly insofar as such liability is accepted and paid by the insurer.
- 3. Each guest uses a facility at their own risk. Liability for indirect damage will also not be accepted by Planet Awesome Nijmegen.
- 4. If a guest believes to have suffered damage for which he or she considers Planet Awesome Nijmegen liable, then this damage should be reported immediately to the company management. In addition, this damage must also be confirmed to Planet Awesome Nijmegen in writing or electronically (e.g. by email) within 48 hours of its occurrence. The damage report must contain a detailed description of the damage and its probable cause. In case of an untimely or incomplete damage report, the right to compensation for the damage incurred will be forfeited.
Article 9 Misconduct and liability guests
- 1. Guests must at all times comply with the house rules of Planet Awesome Nijmegen and must follow the instructions of the staff. If a guest is unexpectedly guilty of wantonness, deliberate destruction of property of Planet Awesome Nijmegen, or of other guests, violation of safety regulations or of instructions from the staff, or disturbing the order within Planet Awesome Nijmegen, then the guest will be immediately removed from the premises. The police may be involved in this. full or partial refund of the reservation made, or the price paid will not take place.
- 2. Guests who use the facilities of Planet Awesome Nijmegen in a group are jointly and severally liable for damages resulting from loss, theft, or damage to the property or possessions of (personnel of Planet Awesome Nijmegen and third parties, as well as for any injury inflicted on employees of Planet Awesome Nijmegen and third parties, regardless of whether the damage or injury is the result of any act or omission of the guest himself, or of others belonging to the same group as the guest in question.
- 3. The guest indemnifies Planet Awesome Nijmegen against all claims for damages from third parties which are (partly) the result of any damaging act or omission by this guest, or others who were on the premises of Planet Awesome Nijmegen with the consent of the guest.
Article 10 Complaints
- 1. Planet Awesome Nijmegen makes every effort to make a visit to its facilities as pleasant as possible. Despite all the care taken, it is possible that a guest may have a complaint. In principle, this complaint should be reported directly to one of the staff members of Planet Awesome Nijmegen, who will then follow up on the complaint. Should a direct report of the complaint not reasonably be possible, then the complaint should in any case be submitted in writing or electronically (e.g. by email) to Planet Awesome Nijmegen within 8 working days of Planet Awesome Nijmegen's visit, stating the facts to which the complaint relates. Planet Awesome Nijmegen will deal with all complaints as soon as possible and keep the person submitting the complaint informed of the handling of the complaint.
Article 11 Applicable law
- 1. These general terms and conditions are governed by Dutch law.
- 2. Subject to the applicability of paragraph 3 of this article, all disputes that may arise between the parties as a result of their agreement or further agreements and other actions in connection with this agreement - such as, for example, though not limited to, wrongful acts, undue payments and unjustified enrichments - to which these general terms and conditions apply in whole or in part, or as a result of further agreements which are a consequence of such agreement, shall be settled by the District Court of Gelderland, sitting at Arnhem, and on appeal by the Arnhem-Leeuwarden Court of Appeal.
- 3. Insofar as the disputes described in the previous paragraph, according to rules of Dutch civil procedural law, belong to the absolute competence of the subdistrict court, only the subdistrict court competent under the law will be able to settle the dispute.
- 4. A dispute shall be deemed to exist as soon as one of the parties so declares.