General Terms and Conditions

Fun Center Amstelveen VOF

• Definitions
• In these general terms and conditions, the following terms are used in the following meanings unless expressly stated otherwise or the context indicates otherwise:
  
  1. Sweaters indoor: the user of these terms and conditions: Fun Center Amstelveen VOF located at Langs de werf 7 in Amstelveen, registered with the Chamber of Commerce under Chamber of Commerce number 61288756;
  2. Agreement: the agreement between Jumpers indoor and the client;
  3. Client: the natural person or organization or company that enters into an agreement with Jumpers indoor;
  4. participant: the natural person participating in an activity or the natural person on whose behalf the client has entered into the agreement with Jumpers indoor;
  5. activity: the indoor or outdoor (sports) activity provided by Jumpers indoor, such as, but certainly not limited to, trampoline jumping, golf, swimming, supping and karaoke.
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1. General
   
   1. These general conditions apply to any agreement between Jumpers indoor and the client and to any participation in an activity.
   2. Deviating terms and conditions are only part of the contract to the extent that such terms and conditions have been expressly agreed upon by mail or e-mail.
   3. If one or more of the provisions of these general terms and conditions are null and void or may be voided, the remaining provisions of these general terms and conditions shall remain in full force and effect. The void or nullified provisions will be replaced by Jumpers indoor, taking into account as much as possible the purpose and intent of the original provision(s).
   4. Sweaters indoor has the right to modify these terms and conditions. The participant will be notified by mail or e-mail of the new version of the general terms and conditions and the date on which the new general terms and conditions will take effect.
   5. Applicable is always the version of the general terms and conditions as in force at the time the agreement was concluded, unless the customer has agreed to the new version of the general terms and conditions after the conclusion of the agreement.
   6. If Jumpers indoor does not always require strict compliance with these General Terms and Conditions, this does not mean that the provisions thereof do not apply, or that Jumpers indoor would in any way lose the right to require strict compliance with the provisions of these General Terms and Conditions in other cases.

1. Offers, quotations and prices
   
   1. All offers and quotations are without obligation unless otherwise indicated.
   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, Fun Center Amstelveen will not be bound by it. The agreement will then not be established in accordance with this divergent acceptance.
   4. A composite quotation does not oblige Jumpers indoor to perform any part of the agreement at a corresponding part of the quoted price.
   5. Obvious errors or mistakes in publications, agreements, e-mail messages and quotations or on the Fun Center Amstelveen website shall in no way bind Fun Center Amstelveen.
   6. Fun Center Amstelveen has the right to adjust its prices.

• Participation in activity and formation of the agreement
• If Fun Center Amstelveen has issued a quotation, the agreement will be established after the customer has expressly agreed to Fun Center Amstelveen’s quotation by mail or e-mail. This agreement may be modified up to 5 business days after shipment. If the agreement is not amended within 5 working days, the number of participants agreed upon will be charged. If more participants participate in the activity, the number of actual participants will be charged to the customer. The additional deployment of instructors is then no longer possible.
• If the customer wishes to participate in an activity, they should send an e-mail to info@funcenteramstelveen.nl, fill out the reservation form on the website or make a reservation through telephone contact.
• Within 2 business days, the customer will receive a confirmation at the email address provided. An option is then placed on the customer’s chosen activity, day and time.
• If other candidates present themselves for the activity, day and time chosen by the client, Fun Center indoor requests the client to decide within 48 hours whether the client wishes to convert the option into a final booking or whether the client wishes the option to lapse. If the customer gives timely notice that the option is to be converted into a final booking, Fun Center Amstelveen will send the customer an e-mail confirmation of the booking.
• 1.  

• Online booking
• If a reservation is placed online, the participant should note the following:
• Fun Center advises participants to be present at least 20 minutes in advance to report to the bar/reception to pick up their ticket receipt;
• Fun Center cannot guarantee the participant the full reserved time if the participant is late or one of the group members is late;
• If technical problems occur, it is possible that the participant’s start time may vary;
• Cancellation of a final booking will not be refunded. If the participant wishes to change their reserved time 24 hours in advance, this is possible, if requested by mail or email and both available and feasible.

• Execution of the agreement
  
  1. An admission ticket/wristband will be provided for each participant prior to the activity.
  2. If a group participates in an activity, the participants are counted at the box office.
  3. Fun Center Amstelveen shall perform the work under the agreement to the best of its knowledge, expertise and ability.
  4. Fun Center Amstelveen shall determine how and by which persons the agreement shall be performed.
  5. Trampoline lessons are subject to a maximum of 15 participants per instructor.
  6. Supervisors are subject to a maximum of 20 participants per session.
  7. Bootcamps and other group classes require a minimum of 5 participants per class. If there are fewer participants, Fun Center Amstelveen has the right to cancel the class. The customer will be notified of such cancellation as soon as possible via e-mail.
  8. Fun Center has the right to make program changes. The customer will be informed in a timely manner, no later than one week prior to the time of the change.
  9. In case of large crowds and/or in cases of force majeure, Fun Center has the right to change its opening hours and/or to limit participation in an activity.
  10. Fun Center Amstelveen will have the right to refuse the participant access to the activity if the participant does not have the minimum age, indicated for the activity.

1. Relocation of activity by Fun Center Amstelveen
   
   1. Fun Center reserves the right to change the date and/or start time and/or location of an activity in the event of force majeure.
   2. The customer will be notified as soon as possible of the changes mentioned in Article 7.1 by telephone or e-mail.
   3. In the event that the date and/or start time and/or place of an activity is changed, the customer has the right within 48 hours to dissolve the agreement free of charge by mail or e-mail.

1. Obligations of the client/participant
   
   1. If the customer is not also the participant, then the customer must ensure that the participant complies with the provisions of these general terms and conditions that pertain to the participant.
   2. During the activity, the participant should wear appropriate clothing, preferably sportswear. The participant should not wear clothing with buttons, belts, sharp zippers and hooks. The participant should not wear jewelry, watches, etc.
   3. The participant is obliged to comply with the instructions and safety regulations given by Fun Center and the house rules of the location where the activity takes place. Fun Center Amstelveen’s site house rules are posted on the website www.funcenteramstelveen.nl and on text boards at the entrance to the trampoline park.
   4. Pets are not allowed at the activity site.
   5. If the participant suffers from a particular illness or condition, the participant is required to report this to Fun Center and Fun Center Amstelveen may ask the participant to sign a liability form.
   6. The participant must discontinue the activity in the event of pain, illness and/or condition that the participant should reasonably understand that continuation of the activity may be detrimental to his health.
   7. The participant is aware that by following the activity, injuries and/or other complications may occur without culpable failure on the part of Fun Center Amstelveen.
   8. If the participant does not feel suitable for the activity, the participant must notify Fun Center Amstelveen immediately and cease participation in the activity.
   9. Being under the influence of drink or drugs during the activity is not allowed.
   10. Smoking is not permitted at the location where the activity takes place.
   11. Smoking in the catering facility is permitted only in the designated smoking area.
   12. Fun Center Amstelveen will be authorized to terminate early participation in the activity for any participant who misbehaves during the activity, who fails to follow Fun Center Amstelveen’s (safety) instructions or who makes improper use of the items provided. The fee for the activity will remain due in full in such case, without prejudice to Fun Center Amstelveen’s right to compensation for any damages.
   13. The participant must handle the items provided with care. The participant is not permitted to make changes to the items provided. Damage caused to the provided items caused by intentional or deliberate recklessness of the participant will be charged to the customer or the participant. After the activity, the participant must return all provided items to Fun Center Amstelveen promptly and undamaged.
   14. It is the participant’s responsibility to verify whether the food served contains ingredients to which the participant is allergic.
   15. Fun Center Amstelveen has the right to deny the participant access to the catering facility if the participant is guilty of misconduct. The participant must leave the catering facility at the first request of Fun Center Amstelveen.
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2. Trampoline park rules and safety
   
   1. Only non-slip socks are allowed to use the trampoline. These can be purchased for 2 euros per pair. (Excluded are schools or iom management)
   2. Double jumping on 1 trampoline is very dangerous and is not allowed. It causes most injuries and accidents. If the participant does not comply with this rule, the supervisor may remove the participant from the trampoline.
   3. Double somersaults are not allowed.
   4. Pushing and tackling other participants or other physical contact is not allowed.
   5. The participant should try to stay in the center of the trampoline, this is to prevent the participant from jumping close to the frame and hurting themselves. The participant should not land on the mats.
   6. If the participant is tired and wants to rest, he should leave the trampoline field and go to the rest island.
3. Rules and safety for Suppen
   
   1. Only bare feet or appropriate water shoes and a life jacket are allowed to use the supplanken. The participant must ensure that he has clean feet.
   2. It is not allowed for 2 people to sit on a supplank. It causes injuries and accidents. If the participant fails to comply with this rule, the supervisor may remove the participant from the supplank.
   3. Pushing, colliding and other physical contact with the participants and the supplants is not allowed.
   4. Minimum age is 8 years old and participant must possess at least A & B swimming certificate. Any participant under 18 years of age must be supervised by a parent or other responsible person who is at least 18 years of age.

1. Cancellation
   
   1. Cancellation of the agreement must be made by mail or e-mail for group participation in an activity or changing the number of participants is possible 5 working days before the activity. If cancellation or change is made known later or in case of no-show, the full agreed amount will be charged to the customer.
   2. If there is a legitimate reason for the cancellation or change in the number of participants, for example due to an accident of one or more participants, the first step will be to see if the performance of the agreement can be rescheduled to another date.
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2. Payment
   
   1. Invoicing is by mail or email.
   2. If cost centers and/or special entries are to appear on the invoice, this must be made known to Fun Center Amstelveen prior to the activity via the email address info@funcenteramstelveen.nl
   3. If changes must be made to the invoice after the invoice has already been sent, Fun Center Amstelveen will be forced to charge the customer a €25.00 administration fee, unless the change must be made because Fun Center Amstelveen made a mistake.
   4. Fun Center Amstelveen shall have the right to require a deposit from the customer. If the customer has not paid the down payment on time, Fun Center Amstelveen will be authorized to cancel the agreement or suspend the execution of the agreement until the full down payment has been received. Fun Center Amstelveen shall not be liable for any damages suffered by the customer as a result of the termination or suspension.
   5. The customer must pay invoices received from Fun Center Amstelveen within 14 days of the invoice date.
   6. If no payment has been made within 14 days of the invoice date, the customer shall be liable for interest equal to the legal interest rate (in the case of a consumer) and commercial interest rate (in the case of a non-consumer). All judicial and extrajudicial costs incurred by Fun Center Amstelveen in connection with an attributable failure of the customer shall be reimbursed to Fun Center Amstelveen by the customer as damages for such failure.
   7. Payments made by the customer always serve firstly to settle all interest and costs due, and secondly to settle payable invoices that have been outstanding the longest, even if the customer states that the payment relates to a later invoice.
   8. In the event of liquidation, bankruptcy, attachment or suspension of payment of the customer, Fun Center Amstelveen’s claims against the customer shall be immediately due and payable.

1. Liability and statute of limitations
   
   1. Fun Center Amstelveen cannot be held liable for compensation for any damage, which is a direct or indirect result of:
      
      1. an event, which is in fact beyond its control and thus cannot be attributed to its acts and/or omissions, as defined in Article 13, among others;
      2. any act or omission of the customer/participant.
   2. Fun Center Amstelveen is not liable for damages of any kind because Jumpers indoor has relied on incorrect and/or incomplete information provided by the client/participant.
   3. The participant is personally liable for all damages caused to himself or third parties during the activity. Fun Center Amstelveen can never be held liable for any injuries, wounds, broken bones or other physical or mental harm caused during the activity or during the stay at the (external) location where the activity takes place, unless there is a legal liability on the part of Fun Center Amstelveen that cannot be excluded. Participation in all activities is entirely at your own risk.
   4. The participant must behave at all times in accordance with the instructions and rules of conduct given by Fun Center Amstelveen. If the participant refuses to follow these instructions or rules, the participant will be responsible for any resulting damages.
   5. Fun Center Amstelveen is also not liable for loss, damage and/or theft of clothing or other property of the participant.
   6. If Fun Center Amstelveen is liable for damages, such liability shall be limited to a maximum of the payment to be made by Fun Center Amstelveen’s insurance company in the case in question. If in any case the insurer does not pay or the damage is not covered by the insurance, the liability of Fun Center Amstelveen will be limited to the amount paid by the customer to Fun Center Amstelveen for the activity to which the liability relates, with a maximum of € 1,000.
   7. The limitations of liability for direct damage contained in these terms and conditions shall not apply if the damage is due to intent or deliberate recklessness on the part of Fun Center Amstelveen or its subordinates.
   8. All legal actions must be brought by the customer within 3 months if the customer is not satisfied with the work or actions of Fun Center Amstelveen. If the customer does not act in a timely manner, the legal claim will expire.

• Should the customer be in default in the proper fulfillment of his obligations to Fun Center Amstelveen, act in violation of the law or act unlawfully with respect to Fun Center Amstelveen, the customer shall be liable for all damage on the part of Fun Center Amstelveen resulting directly or indirectly from such failure.

• Force majeure
  
  1. Fun Center Amstelveen is not bound to fulfill one or more obligations under the agreement in the event of force majeure.
  2. Force majeure includes virus infection and computer breakage by third parties, illness of one or more persons performing the agreement on behalf of Fun Center Amstelveen, traffic disruption, traffic accident, weather conditions, natural disasters, internet disruption, power failure, fire, theft, (temporary) closure of the external location where the activity is given, technical failure, government measures, as well as any other situation over which Fun Center Amstelveen cannot exercise (decisive) control.

1. Dissolution
   
   1. Fun Center Amstelveen may terminate the agreement without judicial intervention by means of a written statement if the customer fails to fulfill his obligations to Fun Center Amstelveen and the customer has not complied with a notice of default in which the customer is given a reasonable period in which to fulfill his obligations. Notice of default may be omitted if performance is permanently impossible.
   2. Fun Center Amstelveen will be authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be reasonably expected.
   3. Fun Center Amstelveen will be entitled to dissolve the agreement in whole or in part without further notice of default by means of a written statement with immediate effect if the customer is declared bankrupt, has shut down or liquidated his business, a significant part of his assets are seized or he transfers his business to a third party.
2. Photos
   
   1. Fun Center Amstelveen may take photos of the activity and post them on its website.If the participant objects to this, he must make this known by mail or e-mail.
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3. Found objects
   
   1. If the participant finds lost or abandoned items at the activity location, the participant must return these items to Fun Center Amstelveen .
   2. Found objects that are not retrieved by the rightful owner within 1 year of submission become the property of Fun Center Amstelveen .
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4. Confidentiality and secrecy
   
   1. Fun Center Amstelveen processes personal data in accordance with the Personal Data Protection Act.
   2. Both parties are obliged to keep confidential information obtained in connection with the agreement confidential. Information is considered confidential if it is indicated by the other party or is apparent from the nature of the information.
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5. Complaints
   
   1. Complaints about the activity must be submitted by mail or e-mail to Fun Center Amstelveen within 14 days of the activity to which the complaint relates.
   2. Immediately upon the serving of food and/or beverages, the customer must check them and report any complaints to Fun Center Amstelveen without delay, so that Jumpers indoor has the opportunity to check the merits of the complaint and if possible remedy it. If it is not possible for Fun Center Amstelveen to investigate the validity of the complaint regarding taste because the food and/or beverages have already been eaten and/or drunk, the complaint will not be considered and the customer will not be entitled to any form of compensation.
   3. The customer must give Fun Center Amstelveen the opportunity to investigate the complaint. The fact that Jumpers indoor proceeds to investigate a complaint does not imply that Fun Center Amstelveen acknowledges that the work performed is defective.
   4. If Fun Center Amstelveen recognizes that the work performed is defective, the customer shall give Fun Center Amstelveen the opportunity to still fulfill the agreement, unless fulfillment is no longer possible or meaningful. The liability of Fun Center Amstelveen at all times shall be limited to that set forth in Article 12.

1. Applicable law and competent court
   
   1. The agreement between Fun Center Amstelveen and the customer is exclusively governed by Dutch law.
   2. The court in Fun Center Amstelveen’s place of business shall have exclusive jurisdiction to hear disputes. The customer being a consumer has 1 month after Fun Center Amstelveen has invoked this clause in writing to the customer, to choose the court with jurisdiction according to the law to settle the dispute.