Terms and Conditions of The Gaming Factory B.V.
The Gaming Factory B.V.
The Gaming Factory B.V. is all about having fun and is for everyone. To ensure that everyone continues to enjoy themselves, we have established a few rules. These rules are listed below and apply to everyone. It is therefore important to read these terms and conditions carefully in advance.
1. Definitions
The Gaming Factory B.V.: The company that operates the location, facilitates gaming at that location, and is the user of these terms and conditions.
Agreement: any agreement to which The Gaming Factory B.V. is a party and to which these terms and conditions apply
The visitor: a visitor to The Gaming Factory B.V.
The participant: the visitor who uses the facilities of The Gaming Factory B.V.
The supervisor: a person who, whether professionally or not, will supervise and monitor one or more participants or visitors during their time at The Gaming Factory B.V.
2. Applicability
3. These general conditions apply to all agreements of THE GAMING FACTORY B.V.
4. Deviations from these general conditions can only be made if THE GAMING FACTORY B.V. expressly states or acknowledges this in writing.
5. Other general terms and conditions, such as purchasing conditions, are not applicable unless expressly agreed otherwise in writing.
6. These general conditions also apply for the benefit of personnel and assistants of THE GAMING FACTORY B.V., who are involved in the execution of the agreement, as well as for the benefit of third parties, by whom THE GAMING FACTORY B.V. has the agreement wholly or partially executed.
7. Tenders
1. All quotations are without obligation unless the quotation sets a deadline for acceptance.
2. If and as far as THE GAMING FACTORY B.V. has set a term for acceptance in an offer, an agreement will be concluded by full, written and unconditional acceptance of that offer by the other party. In all other cases, an agreement is only concluded through written order confirmation from the side of THE GAMING FACTORY B.V.. In the latter case, the invoice of THE GAMING FACTORY B.V. is considered to be a written order confirmation. In case of discrepancies, THE GAMING FACTORY B.V.’s order confirmation is binding.
3. All quoted or agreed prices are, unless expressly stated otherwise, in euros.
4. Using the equipment
5. Participation in a game is for entertainment purposes only. It is not permitted to attach a gambling element to it.
6. It is accepted by the visitor that the possibility exists that one or more pieces of equipment may not function or may function only partially at any time. There is also the possibility that depicted equipment is not present or has been replaced by other equipment. The visitor is not entitled to any kind of discount or compensation in any of the aforementioned cases.
7. The participant should always follow the directions given for the game.
8. It is important for visitors to be aware that using the equipment can generate a lot of stimulation. It is therefore important to maintain a good balance between using the equipment and not using it. Where that balance lies is different for everyone. It is the visitor’s responsibility—and not that of The Gaming Factory B.V.—to find that balance and to act accordingly. The Gaming Factory B.V. is not liable for any consequences resulting from a participant’s failure to comply with this.
5. Reservation
6. The visitor making a reservation guarantees that
- the timely payment of the amount charged on reservation is paid in time. The amount of the reservation is due even if fewer people show up than reserved,
- each participant has reached the minimum age,
- participants take note of these terms and conditions and that they will comply with these terms and conditions.
If the agreed time is over and the visitor has not left on time, the visitor will have to pay extra. It is the visitor’s responsibility to keep track of this.
6. Cancellation/Right of Withdrawal
Cancellation is not possible. This is because The Gaming Factory B.V. reserves the space for the visitor, and it cannot be used by others or for other purposes on short notice. (as described in Article 6:230p(e) of the Dutch Civil Code)
Once there is a reservation, the visitor is obligated to pay the full amount. In the event of cancellation, the visitor may, subject to consultation and approval, receive a voucher worth 50% of the original admission price. The voucher must be used within the period indicated on the voucher.
7. Entry to The Gaming Factory B.V.
8. The Gaming Factory B.V. reserves the right at all times to deny a visitor entry or to remove a visitor from the venue and the premises.
9. The Gaming Factory B.V. will, in any event, take such action—without being required to provide further justification—when a visitor:
• Failed to transfer the full amount of the reservation to The Gaming Factory B.V. in a timely manner,
– Fails to comply with these terms and conditions or the instructions of the staff,
• Failing to use the equipment in accordance with the instructions for use or, in the opinion of The Gaming Factory B.V. staff, occupying it for an unnecessarily long time,
• Harasses other visitors or behaves in any other unacceptable manner, as determined by the staff of The Gaming Factory B.V.,
– There are indications that the visitor will not act or behave as a good visitor. This is the case if, among other things, he causes damage to third parties, to the equipment or to the interior, he was allowed to express himself inappropriately towards the staff or other visitors, is noisy, is under the influence of alcohol, drugs or medication or does not show sufficient consideration for others,
– Access has been denied earlier or a visitor has had to leave the premises earlier.
3. The Gaming Factory B.V. has a so-called zero-tolerance policy. This means that The Gaming Factory B.V. is entitled to refuse entry to or remove a visitor without warning.
4. You are not permitted to bring your own food or drinks. You are also not permitted to consume alcohol or drugs inside the building or on the premises of The Gaming Factory B.V. Furthermore, you are not permitted to give alcohol to or order alcohol for minors under the age of 18. It is also prohibited to sell alcohol or drugs inside the building or on the premises of The Gaming Factory B.V.
5. If, at any time, The Gaming Factory B.V. fails to remind a visitor of the need to strictly comply with these terms and conditions or to demand such compliance, this does not imply that The Gaming Factory B.V. has waived its rights, and no visitor may derive any rights from this.
8. Force majeure
9. The Gaming Factory B.V. is not obligated to fulfill any obligation toward the visitor, if it is prevented from doing so as a result of circumstances beyond its control and for which it is not liable under the law, a legal act, or generally accepted business practices.
10. For the purposes of these general terms and conditions, “force majeure” means, in addition to what is understood by that term in law and case law, all external causes, whether foreseeable or unforeseeable, over which The Gaming Factory B.V. has no control, and as a result of which The Gaming Factory B.V. is unable to fulfill its obligations. This includes strikes at The Gaming Factory B.V. or at third-party companies.
11. The Gaming Factory B.V. also has the right to invoke force majeure if the circumstance preventing (further) performance of the agreement arises after The Gaming Factory B.V. was required to fulfill its obligation.
12. The Gaming Factory B.V. may suspend its obligations under the agreement for the duration of the force majeure event. If this period lasts longer than two months, either party is entitled to terminate the agreement without being obligated to compensate the other party for damages.
13. To the extent that, at the time the force majeure event occurs, The Gaming Factory B.V. has already partially fulfilled its obligations under the agreement or will be able to fulfill them, and the fulfilled or to-be-fulfilled portion has independent value, The Gaming Factory B.V. is entitled to invoice the part already fulfilled or to be fulfilled separately. The visitor is obligated to pay this invoice as if it were a separate agreement.
9. Liability
10. The Gaming Factory B.V. is not liable for any damage and/or theft, unless otherwise required by law.
11. If The Gaming Factory B.V. should be liable at any time, such liability shall in all cases be limited to twice the cost of the admission ticket; alternatively, such liability shall in all cases be limited to the amount paid out by the WAB insurance policy in such an event.
12. The Gaming Factory B.V. accepts no liability for injury and/or damage suffered by the visitor or by third parties that is attributable to the visitor. Liability for indirect damages is excluded.
13. Any damage must be reported to the management immediately after the moment causing damage. The damage is recorded in writing and must be signed by the company management and the visitor. The damage report must include a detailed description of the damage and its probable cause. Claims not made known in this time period will not be considered.
14. The visitor is liable for all damages to third parties and/or property attributable to him.
10. The supervisor
Any chaperone accompanying a participant or participants is responsible for ensuring compliance with these terms and conditions and will discuss and explain them to the participant or participants.
Have fun!
The Gaming Factory B.V.