General terms and conditions A'DAM VR B.V. — Version May 2020. These terms apply to every offer, quotation/option and all purchases of (e-)tickets and other products/services via www.adam-vr.com or via the points of sale of A'DAM VR B.V.
Article 1: Definitions
In these general terms and conditions the following terms have the following meanings: a) A'DAM VR B.V.: legal entity with limited liability, established at Overhoeksplein 5, 1031 KS Amsterdam, located in the A'DAM Tower. b) A'dam Tower: building, located at Overhoeksplein 1, 1031 KS Amsterdam. c) Attraction(s): all experiences and activities as part of A'DAM VR B.V. d) Client: the (potential) buyer/principal, either a Consumer or a Professional Client. e) Consumer: a person not acting in the exercise of a profession or business. f) Professional Client: any entity that does not fall under the definition of consumer. The Dutch 'Distance Selling Act' does not apply to the professional client.
Article 2: Applicability
2.1 These general terms and conditions apply to every offer, quotation/option and all purchases of (e-)tickets and other products/services via www.adam-vr.com or via the points of sale of A'DAM VR B.V., insofar as A'DAM VR B.V. has not expressly deviated from these terms in writing. 2.2 When purchasing an (e-)ticket or other product/service from A'DAM VR B.V., the Client expressly and unconditionally accepts the applicability of these terms. 2.3 The applicability of any general or other conditions of the Client is expressly rejected. 2.4 If one or more provisions in these terms are void or annulled, the remaining provisions remain fully applicable. 2.5 A'DAM VR B.V. has the right to amend the provisions of these terms. The Client is bound by amended terms after having been duly informed of them. 2.6 In the event of a conflict between the Dutch text of the terms and any translations, the Dutch text always prevails.
Article 3: Offers, options and quotations
3.1 All offers are without obligation, unless a term for acceptance is stated in the offer. 3.2 All options and quotations are without obligation and valid for 14 days, unless stated otherwise. A'DAM VR B.V. is only bound if acceptance is confirmed in writing within 14 days. 3.3 The agreement is concluded once A'DAM VR B.V. has confirmed an order in writing or begins performance, including electronically. 3.4 All price quotations and amounts include VAT and are in euros, unless stated otherwise. A'DAM VR B.V. reserves the right to make reasonable price changes. 3.5 After acceptance, A'DAM VR B.V. has the right to revoke the offer within two working days. 3.6 Offers, options or quotations do not automatically apply to future orders.
Article 4: Tickets
4.1 A'DAM VR B.V. provides tickets and/or e-tickets with a unique barcode. Tickets can be downloaded immediately after payment and are sent digitally to the email address provided. 4.2 A'DAM VR B.V. is not liable if the email address entered is incorrect or the email account does not work correctly. 4.3 Each e-ticket can only be used once; after being checked at the entrance it loses its value. 4.4 The barcodes may not be folded or damaged; in case of damage, access may be refused. 4.5 The statutory 7-working-day cooling-off period (Distance Selling Act) does not apply, in view of Article 7:46i(3) of the Dutch Civil Code. 4.6 A'DAM VR B.V. reserves the right to refuse or cancel an order without giving reasons. 4.7 A'DAM VR B.V. accepts no liability for technical malfunctions that prevent payments from being processed correctly or on time. 4.8 Tickets may not be used for commercial purposes without written permission. In case of (attempted) resale, the ticket may be invalidated and/or a fine imposed. 4.9 Tickets cannot be combined with other promotions or discounts. Once the validity date and chosen time slot have expired, exchange is not possible and there is no right to a refund or compensation. 4.10 A'DAM VR B.V. cannot guarantee immediate access after the booked time slot has expired.
Article 5: Prohibition of resale
5.1 The Client or ticket holder must keep the ticket for themselves and not resell it to third parties, offer it for sale or provide it for commercial purposes. 5.2 The holder does not advertise or publicise the attraction with the intention of (re)selling the ticket. 5.3 Anyone who provides their ticket to a third party free of charge imposes the same obligations on that third party and guarantees that they comply. 5.4 In case of violation, the Client owes an immediately payable fine of € 10,000 per violation, and € 1,000 for each day the violation continues, without prejudice to the right to performance and/or compensation. 5.5 Exceptions are laid down in writing in a valid contract with a Professional Client. Selling tickets directly to the end user is permitted.
Article 6: Force majeure and dissolving conditions
6.1 If A'DAM VR B.V. cannot fulfil its obligations due to force majeure or a dissolving condition, there is no right to a refund or compensation. 6.2 Force majeure means all external causes beyond the control of A'DAM VR B.V., including fire, accident, illness, pandemic, strike, riot, war, government measures and transport obstructions. 6.3 Weather conditions (severe storm and/or ice) and technical calamities that hinder the visit count as a dissolving condition, at the discretion of A'DAM VR B.V. 6.4 Management is authorised to take an attraction or part out of service without a right to a refund or compensation.
Article 7: Rules of conduct
7.1 On purchase or entry, the Client accepts the rules of conduct of A'DAM VR B.V. 7.2 A'DAM VR B.V. may remove Clients who misbehave or are evidently intoxicated. 7.3 The Client follows all instructions of A'DAM VR B.V. or its staff promptly and without delay. 7.4 Pets are not allowed; officially recognised and identifiable assistance/guide dogs are. 7.5 Access may be refused without giving reasons in connection with capacity, safety or public order, without a right to a refund. 7.9 Possession of weapons or threatening objects is strictly prohibited; management may confiscate these or (have) the holder removed. 7.12 A smoking ban applies to all covered floors, including queues; this also applies to e-cigarettes. 7.13 Persons under the influence of alcohol and/or drugs may be refused access, without a right to a refund. 7.14 Physical or verbal violence or undesirable behaviour towards visitors and staff is not tolerated and leads to immediate removal, without a right to a refund; the police may be called in. 7.16 Throwing material is prohibited; in case of violation, an immediately payable fine of € 10,000 is due, without prejudice to the right to recover damages. 7.18 On booking, you agree to the applicable hygiene and safety measures; if there is doubt about your state of health, access may be refused.
Article 8: Use of building, bar and attractions
8.1 Use of A'DAM VR B.V., the bar and the attractions is entirely at your own risk. A'DAM VR B.V. is not responsible for damage and/or injury caused by using the attractions. 8.2 The attractions are available for ordinary use; observe the instructions on signs and from staff. 8.3 It is not permitted to bring your own food and/or drink into A'DAM VR B.V. 8.4 Both visible and non-visible camera surveillance is present to protect your and our safety and property. 8.5 It is not permitted to enter the Play Zone with glassware. 8.6 Management may take an attraction or part out of service without a right to a refund or compensation. 8.7 Advertising and offering goods and services on the premises is prohibited. 8.9 In all other cases not explicitly stated, management decides.
Article 9: Intellectual property, photography and filming
9.1 The intellectual property rights in the tickets belong to A'DAM VR B.V. or its licensor. It is not permitted to remove indications of rights or to forge, multiply or reproduce tickets. 9.2 Photography and filming are permitted within A'DAM VR B.V., but for personal use only. 9.2.1 On a visit, the Client consents to image, video and audio recordings being made; A'DAM VR B.V. may use this material without restriction. 9.2.2 Without prior written permission it is prohibited to make image and/or sound material for commercial purposes; in case of violation, an immediately payable fine of € 10,000 is due, without prejudice to (additional) compensation.
Article 10: Liability
10.1 A'DAM VR B.V. accepts no liability for the Client's damage, unless it is the direct result of intent or deliberate recklessness of A'DAM VR B.V. or its management. 10.2 Damage or injury must be reported to a staff member before departure; after leaving A'DAM VR B.V. is no longer liable. 10.3 A'DAM VR B.V. is never liable for damage, loss or theft of the Client's property; the Client brings property at their own risk. 10.4 The Client enters A'DAM VR B.V. entirely at their own risk. 10.5 A'DAM VR B.V. is not liable for indirect or consequential damage. 10.7 and 10.8 Insofar as A'DAM VR B.V. is liable, this is limited to the amount covered by its insurance, or to the amount of the invoice. 10.9 Liability only arises after a written notice of default with a reasonable period for remedy. 10.10–10.12 The Client is liable for damage they cause, all activities take place at their own expense and risk, and the Client indemnifies A'DAM VR B.V. against third-party claims.
Article 11: Payment by Consumer
11.1 Payment via iDEAL and credit cards for online sales. 11.2 Payment via PIN/maestro and credit cards at the A'DAM VR B.V. checkouts. 11.3 After receipt and processing of the authorisation, a confirmation with ticket is sent within five working days at the latest; if authorisation is not received, the reservation is cancelled. 11.4 At the time of ordering, an overview of all included costs is given. 11.5 Errors in the ticket must be reported within 2 days; the ticket is then reissued free of charge. 11.6 The ticket only grants access to the specified event. 11.7 In case of cancellation or reversal after confirmation, the outstanding balance is claimed immediately. 11.8 The Client is not entitled to dissolve the agreement.
Article 12: Payment by Professional Client
12.1 Payment is made within 14 days of the invoice date, but no later than 1 working day before performance. A'DAM VR B.V. may only proceed to performance after full payment. 12.2 In case of late payment, the Professional Client is in default without notice and owes interest (3% per month, or the higher statutory commercial interest). 12.4 Set-off is not permitted. 12.5 Objections to an invoice do not suspend the payment obligation. 12.6 In case of late payment, bankruptcy or suspension of payments, all debts are immediately due; 20% extrajudicial collection costs are also due (minimum € 500 excl. VAT). 12.7 All reasonable collection costs are borne by the Professional Client. 12.8 A'DAM VR B.V. has a right of retention until full payment. 12.9 The Professional Client provides adequate security on request.
Article 13: Cancellations and delays Professional Client
13.1 After the agreement is concluded, the Professional Client owes the following percentages of the invoice amount in case of cancellation: - more than 8 weeks in advance: 10%; - between 8–4 weeks in advance: 20%; - between 4–2 weeks in advance: 33%; - between 2–1 weeks in advance: 50%; - between 7–2 days in advance: 75%; - within 48 hours in advance: 100%. 13.2 In case of cancellation after final confirmation, € 25 administration costs are due. 13.3 Cancellation is only made in writing. 13.4 Reducing the number of participants within a 10% margin is free up to 48 hours in advance; beyond that, the cancellation percentages apply. 13.5 A reasonable additional charge applies for extra group members not registered in time. 13.6 In case of late arrival, additional costs are charged.
Article 14: Complaints
14.1 Complaints about invoice amounts and/or services provided must be reported in specified form in writing within 5 days of the invoice date, or within 5 days of the service being delivered, failing which the Client is deemed to have accepted everything. 14.2 Complaints about catering must be reported immediately on the evening itself and explicitly to the serving staff.
Article 15: Waiver of rights and limitation
15.1 A waiver of a right by A'DAM VR B.V. in one violation does not constitute a waiver of rights in other or subsequent violations. 15.2 Any legal claim by the Client lapses one year after it arises. For consumer purchases, a period of 2 years applies to claims for non-conformity after the Client has notified A'DAM VR B.V. in time.
Article 16: Dissolution and amendment of the agreement
16.1 If the Client fails to fulfil their obligations, or A'DAM VR B.V. fears they will not and no security is provided, A'DAM VR B.V. may suspend performance or dissolve the agreement in whole or in part. 16.2 These rights also accrue to A'DAM VR B.V. if the Client changes its legal form or control, an attachment is levied, suspension of payments or bankruptcy is applied for, liquidation takes place, or the Client dies or is dissolved.
Article 17: Parking
17.1 Clients can use the building's parking garage. 17.2 The rules and traffic signs of Dutch traffic legislation apply in the parking garage; follow the instructions of the parking attendants. 17.3 Park in the designated spaces or as directed. 17.4 Parking in disabled spaces is only possible with a valid, visibly present disabled parking card. 17.5 Make sure the car is properly locked and do not leave valuables behind. 17.6 The general terms of the Parking Overhoeks C.V. parking garage apply. 17.7 A'DAM VR B.V. is not responsible for damage due to break-in, theft or extraordinary events.
Article 18: Applicable law and competent court
18.1 All legal relationships to which A'DAM VR B.V. is a party are governed exclusively by Dutch law, even if the party involved is domiciled abroad. The applicability of the Vienna Sales Convention is excluded. 18.2 The parties will first try to resolve disputes by mutual consultation. If this fails, disputes are submitted to the competent court in the Amsterdam district, except for consumer purchases, where the legally designated court decides.