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General terms and conditions

1. Definitions

  1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise or if the context indicates otherwise:
    • DarkPark: The user of these terms and conditions: DarkPark BV, located at Wateringsevest 7C, 2611 AV Delft, registered with the Chamber of Commerce under number 65571657;
    • Agreement: The agreement between DarkPark and the customer;
    • Customer: The natural person or legal entity who enters into an agreement with DarkPark;
    • Participant: The natural person who participates in the game or the natural person for whom the customer has entered into the agreement with DarkPark;
    • game: The game provided by DarkPark in which participants in a team are locked in a room and then try to escape within an hour by solving puzzles, or the game that is sent by DarkPark to an address specified by the customer where participants can experience an escape room experience at home or at another location of their choice without guidance from DarkPark;
    • escape room: the room where the game takes place;
    • home adventure: The games created by DarkPark that are sent to the customer;
    • website: The website www.darkpark.com which is managed by DarkPark and where the customer can make a reservation.

2. General

  1. These general terms and conditions apply to every agreement between DarkPark and the customer and to every participation by the participant in the game.
  2. Deviating terms and conditions only form part of the agreement to the extent that those terms and conditions have been expressly agreed in writing or via email.
  3. If one or more of the provisions of these general terms and conditions are void or annulled, the other provisions of these general terms and conditions remain fully applicable. The void or annulled provisions will be replaced by DarkPark, taking into account the purpose and intent of the original provision(s) as much as possible.
  4. DarkPark has the right to change these general terms and conditions. The version of the general terms and conditions that applied at the time the agreement was concluded always applies, unless the customer has agreed to the new version of the general terms and conditions after the agreement has been concluded.
  5. If DarkPark does not always require strict compliance with these general terms and conditions, this does not mean that the terms of these terms and conditions do not apply, or that DarkPark would lose to any extent the right to demand in other cases strict compliance with these general terms and conditions.

3. Offers, quotations and prices

  1. All offers and quotations are without obligation.
  2. Offers or quotations do not automatically apply to future agreements.
  3. If the acceptance deviates (on minor points) from the offer included in the quotation, DarkPark is not bound by this. The agreement will then not be concluded in accordance with this deviating acceptance.
  4. A compound quotation does not oblige DarkPark to perform any part of the agreement at a corresponding part of the stated price.
  5. Obvious errors or mistakes in publications, agreements, e-mail messages and quotations or on the website do not bind DarkPark.
  6. DarkPark has the right to adjust its prices from time to time.

4. Conclusion of the agreement

  1. The agreement shall be concluded after:
    • The customer has agreed to the offer from DarkPark; or
    • the customer has successfully completed the reservation process via the website; or
    • the customer has placed an order in the webshop; or
    • the customer has expressly agreed to DarkPark’s offer in any other way, for example via e-mail or by completing a registration form.
  2. The agreement can only be concluded via the website after the customer has clicked during the reservation process to indicate that they agree to these general terms and conditions.
  3. After the agreement has been concluded via the website, DarkPark will immediately send the customer a confirmation by email.
  4. If the customer has not received a confirmation email from DarkPark or if the confirmation email does not correctly reflect the customer's reservation, the customer must contact DarkPark as soon as possible.
  5. Based on the legal exception, the right of withdrawal does not apply.

5. Cancellation and rescheduling of an appointment

  1. The customer can cancel the agreement free of charge up to 48 hours prior to the reservation.
  2. Cancellation must be made in writing or by email.
  3. If the participants are not present on the date on which the customer has reserved the escape room, if only one person is present on this date, the full agreed fee remains due and any amounts already paid will not be refunded.
  4. If the customer wishes to move the booking within 48 hours prior to the reservation, DarkPark will charge a €35 rebooking fee for this.
  5. Cancellation within 48 hours prior to the reservation is possible through customer service. DarkPark then charges a €35 service fee and refunds the remaining amount.

6. Payment

  1. The agreement concluded via the website may be paid in the following ways:
    • via iDEAL;
    • by credit card;
    • via Bancontact;
    • via PayPal.
  2. If the customer is unable to pay in any of the above-mentioned methods, the customer is requested to transfer the invoice amount to DarkPark's bank account.
  3. On request, the customer, being a company, can pay by invoice. The customer must pay the invoices received from DarkPark within 14 days of the invoice date.
  4. DarkPark must in any case have received the invoice amount before the date that the customer has reserved the escape room. As long as DarkPark has not received the total invoice amount from the customer, DarkPark has the right to suspend the execution of the agreement and to refuse the participants access to the escape room. Rights can only be derived from a reservation if DarkPark has received the payment from the customer.
  5. If no payment has been made within 14 days after the invoice date, the customer owes interest equal to the statutory interest (for a consumer) and commercial interest (for a non-consumer). All judicial and extrajudicial costs incurred by DarkPark in the context of an attributable shortcoming by the customer will be reimbursed by the customer to DarkPark as damage due to that shortcoming. If the customer is a consumer, the extrajudicial collection costs will be determined in accordance with the collection costs act (“Wet Incassokosten”).
  6. Payments made by the customer always serve firstly to settle all interest and costs due, and secondly to settle the due and payable invoices that have been outstanding the longest, even if the customer reports that the payment relates to a later invoice.
  7. In the event of liquidation, bankruptcy, attachment or suspension of payment of the customer, DarkPark’s claims on the customer are immediately due and payable.

7. Execution of the Agreement

  1. DarkPark carries out the work under the agreement to the best of its knowledge, expertise and capability.
  2. DarkPark determines the manner in which and by which persons the agreement is executed.

8. Obligations of the customer and the participants

  1. The customer must ensure that the participants comply with the provisions of these general terms and conditions that apply to participants.
  2. All participants must be present at the location where the escape room is located at least 15 minutes before the agreed time.
  3. To participate in the game, at least 2 participants must be present. The maximum number of participants and the minimum age limit for access to the escape room are indicated for each escape room. It is not permitted to participate in the game with more than the maximum number of participants indicated. If this is not met, DarkPark has the right to refuse participants access to the escape room.
  4. The participant is obliged to comply with the instructions and safety regulations given by DarkPark and the regulations of DarkPark.
  5. The participant must discontinue participating in the game in case of pain or illness.
  6. The game is not suitable for people who are claustrophobic or who suffer from panic attacks. If the participant does not consider himself suitable for participation in the game, the participant must immediately report this to DarkPark and not participate in the game.
  7. The participant participates in the game voluntarily.
  8. Being under the influence of alcohol or drugs while participating in the game is not permitted.
  9. Smoking is not permitted in the escape room.
  10. DarkPark is authorized to deny access to the escape room to participants who arrive late, who do not meet the minimum age for the escape room, who misbehave during the game, who act aggressively, who are under the influence of alcohol or drugs, who do not follow the (safety) instructions or the regulations of DarkPark or who make improper use of the escape room or the other available items. If one of the situations described in this article applies, DarkPark also has the right to end the game. If one or more participants are denied access and/or the game is terminated by DarkPark, the fee for participation in the game will remain fully payable in such cases, without prejudice to DarkPark's right to compensation for any damage.
  11. The participant must handle the items made available with care. Damage caused to the available items caused by intent or deliberate recklessness on the part of the participant will be charged to the customer or participant.
  12. After payment of the booking, all participants have the right to inspect, under supervision, the escape rooms for dangerous or unexpected elements by appointment prior to the booking. If the participant does not exercise this right, the participant will accept all possible consequences that may arise from participating in the activity and indemnifies DarkPark from any form of liability in the event of injury, physical or material damage and/or death.
  13. The participant indemnifies DarkPark against any claims by third parties and/or other participants that are the result of actions and/or omissions of the participant.

9. Liability and limitation period

  1. DarkPark cannot be held to compensate any damage that is a direct or indirect result of:
    • an event, which is in fact beyond its control and therefore cannot be attributed to its actions and/or omissions, as described, among other things in article 10;
    • any act or negligence of the customer or the participant.
  2. DarkPark is not liable for damage of any nature whatsoever because DarkPark relied on incorrect and/or incomplete information provided by the customer or participant.
  3. The participant is personally liable for all damage caused to himself or to third parties during the game. DarkPark can never be held liable for any injuries, wounds, broken bones, other physical injuries, damage resulting from death or mental injuries, that arise during the game or during the stay in the escape room or in another area of DarkPark, unless there is a legal liability on the part of DarkPark that cannot be excluded. Participating in the game is entirely at your own risk.
  4. The participant must at all times behave in accordance with the instructions, behavior and safety rules given by DarkPark and the DarkPark regulations. If the participant refuses to follow these instructions or rules, the participant is responsible for any resulting damage.
  5. DarkPark is also not liable for the loss, damage and/or theft of clothing or other belongings of the participant.
  6. DarkPark is never liable for indirect damage or consequential damage such as: lost profit, lost turnover, missed savings, business stagnation, delay damage, reputational damage, environmental damage and fines imposed.
  7. If DarkPark is liable for damage, that liability is limited to the maximum payment to be provided by DarkPark’s insurance in the relevant case. If in any case the insurer does not pay out or the damage is not covered by the insurance, DarkPark's liability is limited to the amount paid by the customer to DarkPark for participation in the game.
  8. The customer must file all legal claims within 1 year if the customer is not satisfied with the work or the actions of DarkPark. If the customer does not act in time, the legal claim will expire.
  9. If the customer fails to properly comply with what he is bound to do towards DarkPark, acts contrary to the law or acts unlawfully towards DarkPark, the customer is liable for all damage to DarkPark as a result, directly or indirectly.

10. Force Majeure

  1. DarkPark is not obliged to fulfill one or more obligations under the agreement in the event of force majeure.
  2. Force majeure includes, among other things: virus infection and computer intrusion by third parties, illness of one or more persons who execute the agreement on behalf of DarkPark, traffic disruption, traffic accident, weather influences, natural disasters, internet disruption, power failure, fire, theft, technical failure, government measures, as well as any other situation where DarkPark cannot exercise (decisive) control.
  3. In case of force majeure, DarkPark has the right to terminate the agreement. In such a case, the price already paid will be refunded to the customer by DarkPark.

11. Dissolution

  1. DarkPark may terminate the agreement without judicial intervention by means of a written statement if the customer does not fulfill his obligations toward DarkPark and the customer has not responded to a notice of default sent in which the customer is offered a reasonable period in which to comply. A notice of default may be omitted if compliance is permanently impossible.
  2. DarkPark is entitled to terminate the agreement if circumstances arise that are of such a nature that compliance with the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise that are of such nature that unchanged maintenance of the agreement cannot reasonably be expected.
  3. DarkPark is entitled to terminate the agreement in whole or in part without further notice of default by means of a written statement with immediate effect if the customer has been declared bankrupt, has shut down or liquidated his company or if a significant part of the property is seized.

12. Personal data processing

  1. DarkPark processes personal information in accordance with applicable privacy laws and regulations.

13. Complaints

  1. Complaints about the work carried out must be made by the customer to DarkPark in writing or by e-mail within 14 days after the event to which the complaint relates.
  2. The customer must give DarkPark the opportunity to investigate the complaint. The fact that DarkPark is investigating a complaint does not imply that DarkPark acknowledges that the work carried out is defective.

14. Copyright and confidentiality

  1. The copyrights on the website, on the game and on all materials that form part of the game belong to DarkPark. The customer must respect the copyright of DarkPark at all times. If the customer acts in violation of DarkPark’s copyrights, the customer is liable for all damage that DarkPark suffers as a result. Damage includes, among other things, loss of turnover and damage to reputation.
  2. Participants must keep solutions to puzzles in the game and other game elements that can lead to escaping from the escape room secret at all times and not publish them (online) or make them known to third parties in any other way.
  3. Taking photos, video and/or sound recordings during the game is not permitted.

15. Applicable law and competent court

  1. The agreement between DarkPark and the customer is exclusively governed by Dutch law.
  2. The court in the place of establishment of DarkPark has exclusive jurisdiction to hear disputes. The customer, being a consumer, has 1 month after DarkPark has invoked this clause in writing to the customer, to choose to settle the dispute before the legally competent court.
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