Terms and conditions

Definitions

In these terms and conditions the following terms shall be used in the following sense, unless explicitly indicated otherwise.

1. 1. Steam: Steam leisure & events, other party to the agreement with the Client and user of these general terms and conditions within the meaning of article 6:231 sub b of the Dutch Civil Code;
    located at Beltrumsestraat 10, 7141 AL Groenlo (NL);
    CoC 09102534 and also trading under the names::
    - Escaperoom Groenlo
    - Ervaar Groenlo
  2. Client: the natural or legal person who enters into an agreement with Steam and the other party to the agreement with Steam within the meaning of article 6:231 sub c of the Dutch Civil Code.
  3. Participant: natural person participating in an Activity of Steam.
  4. Activity: the service(s) offered by Steam.
  5. Program: the set of Activities booked by the Client.
  6. Parties: the Client and Steam together.
  7. In writing: in these General Terms and Conditions, “in writing” includes communication by e-mail or otherwise digital (e.g. via an online interface/website/messaging application) provided that the identity of the sender and integrity of the content is sufficiently established.

Applicability

1. 1. These terms and conditions shall apply to all offers, quotations and agreements concerning Activities and/or (group) arrangements organized or offered by Steam.
  2. If Steam allows any deviation from these terms and conditions for a short or longer period of time, it shall not affect its right to demand immediate and strict compliance with these terms and conditions. The client shall not be entitled to invoke any right on the grounds that Steam applies these general terms and conditions leniently.
  3. Steam reserves the right to change these terms and conditions at any time. The amended terms and conditions shall apply from the moment the Client is notified of the amendment, on the understanding that for agreements already concluded, the terms and conditions that were in force on the day the order was concluded shall remain in force.
  4. If one or more of the provisions of these general terms and conditions or any other agreement with Steam should be in breach of any mandatory rule of law or any applicable legal provision, the provision in question shall cease to have effect and shall be replaced by a new, legally admissible and comparable provision to be determined by Steam.
  5. These terms and conditions shall also apply to all agreements entered into with Steam for the performance of which third parties are required to be involved.

Formation of the agreement

1. 1. An agreement shall be concluded once the client places a reservation through the web site or verbally (including by telephone) with (the personnel of) Steam and receives a confirmation thereof by e-mail or post.
  2. The person who enters into the agreement on behalf of, or for the benefit of, the group (the Customer) is jointly and severally liable for all obligations arising from this agreement as well as for any damage caused by the Participants registered by the Customer.

Execution of the agreement

1. 1. Steam shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.
  2. If and to the extent required for proper performance of the agreement, Steam is entitled to have certain work carried out by third parties.
  3. The client shall ensure that all data indicated by Steam as being necessary or reasonably understood by the client to be necessary for the execution of the agreement shall be supplied to Steam in good time. If the data necessary for the execution of the agreement have not been supplied to Steam in time, Steam shall be entitled to suspend the execution of the agreement and/or to charge the Client for the extra costs resulting from the delay.
  4. Steam is not liable for any damage of whatever nature caused by incorrect or incomplete data provided by the Client, unless Steam should have been aware of such incorrectness or incompleteness.
  5. The client indemnifies Steam against any claim from third parties that may suffer damage during the performance of the agreement and which is attributable to the client.

Payment

1. 1. Unless expressly agreed otherwise, payment shall be made prior to the Activity by means of online payment or PIN payment at the location. If it is agreed that payment will be made by invoice, the Customer must pay the full amount within 14 days of receipt of the invoice. Steam has the right to send invoices digitally.
  2. After expiry of the agreed payment term, Steam will send the Client a reminder and offer a reasonable term to comply. If the Customer does not pay within this term, the Customer is legally in default without any further notice of default being required.
  3. Customer is due the legal interest on the amount due as from the moment of default. From that moment on Steam shall be liable for all judicial and extrajudicial costs incurred to obtain satisfaction. In that case the client is due to pay an indemnity of at least 5% of the outstanding amount, with a minimum of € 40,00. If the actual costs incurred and to be incurred by Steam exceed this amount, they shall also be eligible for compensation.

Reservation fee

1. 1. The published reservation fee includes the cost of all items required for the Activity in question, unless stated otherwise. Prices quoted on the website, in quotations or otherwise are inclusive of VAT, unless otherwise stated.
  2. The published prices are based on the prices and conditions as they were known at the time the Program was drawn up. Steam reserves the right to change prices prior to conclusion of the booking if there is reasonable cause to do so, such as, but not limited to, third party price increases or increases in taxes and other legal fees.

Start and end time

The start and end time of an Activity is specified in the booking confirmation. If a Program or Activity needs to be adjusted due to a participant or group of participants not attending on time, Steam will charge the Customer for any additional costs incurred. Steam shall not be liable for any damages if the Activity cannot take place because a participant or group of participants is not present at the agreed start time.

Modification and cancellation of the reservation

1. 1. The reservation can be modified by the Client in consultation with Steam. If the change in the number of participants results in fewer participants taking part in the Activity, the cancellation conditions of paragraph 2 of this article of these terms and conditions apply to the deducted participants.
  2. If a booking is cancelled or changed, the following costs will be charged per booking, unless agreed otherwise
    1. 1. Cancellations related to COVID19
        As long as Steam is able to provide the agreed service, the customer has no reason to cancel free of charge unless done in a timely manner.
        Cancellations during lockdown can be rescheduled to another suitable date at no cost.
  3. Online activity
  4. 1. 1. Cancellation more than 7 days before start: free of charge
        Cancellation less than 7 days but more than 72 hours before start: 50% on the reserved activity
        Cancellation less than 48 hours before: 100% of the agreed price
        Changing the number of participants (max 10% of the total number) is free of charge until 7 days before the reservation. For changes less than seven days in advance the full amount will be charged.
  5. Indoor or outdoor activity
  6. 1. 1. Cancellation more than 120 hours before the start: free of charge
        Cancellation less than 120 hours but more than 72 hours: 20% of total invoice
        Cancellation less than 72 hours but more than 48 hours before start: 50% of total invoice
        Cancellation less than 48 hours before arrival: 100% of the agreed price
  7. Packages
  8. By package we mean a combination of our activities or cooperation with third parties.
    1. 1. Cancellation more than 3 weeks before arrival: free of charge
      2. Cancellation less than 3 weeks, more than 2 weeks before: 20% of the agreed price
      3. Cancellation less than 2 weeks, more than 1 week before: 50% of the agreed price
      4. Cancellation less than 1 week before: 100% of the agreed price
      5. Changes in the number of participants (max. 10% of the total number) can be made free of charge up to three days before the reservation. For changes less than three days in advance the full amount will be charged.
      6. Cancellations must be made in writing by e-mail or post and are valid after confirmation by Steam.
      7. Cancellation insurance must be arranged with your own insurance company.

Non-performance of activities or changes

1. 1. Steam reserves the right to make changes to the Program if there are reasonable grounds to do so, for example if the safety of participants cannot be guaranteed or if instructions from the competent authorities require Steam to do so.
  2. If the aforementioned circumstances lead to the Programme being cancelled or changes being made to it, Steam will inform the Client as soon as reasonably possible.
  3. If Steam decides to cancel (parts of) a Program, Steam is obliged to issue a voucher for the value of (parts of) the Program in question, so that (parts of) the Program can be continued on another date. Only if the Customer does not wish to make use of this offer, Steam will be obliged to refund already paid amounts related to the cancelled Activities on a pro rata basis. Steam shall not be liable for any compensation in the event of cancellation of all or part of the Program.
  4. It is not allowed to participate in the Activities under the influence of drugs and/or alcohol. If Steam personnel suspect that a participant is under the influence of alcohol or drugs, Steam personnel reserve the right to exclude the person in question from (further) participation, to refuse him/her or to stop the Activity in its entirety. The participant in question shall in that case be liable for any damage suffered by Steam as a result.

Complaints

Despite all Steam’s efforts, it may happen that the Client wishes to lodge a complaint. This complaint must be submitted to Steam’s staff immediately during the Activity or on the first working day after the Activity. If immediate submission of a complaint to Steam’s staff is not possible, or if the complaint is not resolved satisfactorily, it must be submitted to Steam in writing, stating reasons, no later than within one week thereafter. Complaints submitted after this deadline need not be considered by Steam.

Liability

1. 1. If Steam is liable for damage, this liability shall be limited to compensation of direct damage and to a maximum of the total amount invoiced by Steam to the Client.
  2. Steam shall not accept liability for damage resulting from death, injury, accidents, hurt, loss or theft caused to or by the participant(s) during or as a result of an Activity. Steam shall never be liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business interruption.
  3. Steam does not accept liability for costs incurred by the Client such as, but not limited to, insurance premiums and transport costs if an Activity cannot proceed.
  4. Damage or loss caused by the participant to items made available by Steam or to Steam’s space(s) and other property shall be recovered by Steam from the Client. Furthermore, Steam shall recover all damages from the participant if it is sued by a third party for damages caused by the participant concerned.

Suspension and termination

1. 1. Steam is authorized to suspend performance of its obligations or to dissolve the agreement if:
    1. Client does not comply or does not fully comply with obligations under the agreement.
    2. after conclusion of the agreement, Steam learns of circumstances giving good ground to fear that the client will not comply with his/her obligations
    3. Steam has been asked to provide security for the fulfilment of its obligations under the agreement and this security has not been provided or is insufficient. As soon as security has been provided, the right to suspend performance shall cease, unless this has unreasonably delayed performance.
  2. Steam shall furthermore be authorized to dissolve the agreement or have it dissolved if circumstances arise of such a nature that fulfilment of the agreement is impossible or can no longer be demanded in accordance with the requirements of reasonableness and fairness, or if other circumstances arise of such a nature that the unaltered maintenance of the agreement can no longer be demanded in all reasonableness.
  3. If the agreement is dissolved, Steam’s claims against the client shall fall due immediately. If Steam suspends fulfillment of its obligations, it shall retain its claims under the law and the agreement. Among other things, Steam shall always retain the right to claim damages pursuant to the law.

Force majeure

1. 1. Steam shall not be obliged to fulfill any obligations if prevented from doing so due to a circumstance that cannot be attributed to negligence, nor for which it can be held accountable by virtue of law, a legal action or generally accepted practice.
  2. In these general terms and conditions force majeure shall be understood, in addition to the legal definition and interpretation of the term, to include all external causes, foreseen or unforeseen, beyond Steam’s control, which prevent Steam from fulfilling its obligations. This includes strikes at Steam’s business.
  3. Steam also has the right to invoke force majeure if the circumstance rendering (further) performance impossible occurs after Steam should have fulfilled its obligation.
  4. Steam may suspend its obligations under the agreement during the period of force majeure. If this period lasts longer than two months, Steam shall be entitled to dissolve the agreement without any obligation to pay damages to the other party.

Applicable law and choice of forum

1. 1. This agreement shall be exclusively governed by Dutch law.
  2. The court of the district where the client is domiciled shall have exclusive jurisdiction to hear disputes, unless mandatory law stipulates another court.
  3. Parties will only appeal to a judge after they have made an utmost effort to settle a dispute in mutual consultation.

Modification, explanation and location of the conditions

1. In the event of an interpretation of the contents and purport of these general terms and conditions, the Dutch text will always be decisive.
2. The latest version or the version that applied at the time of the conclusion of the agreement shall always apply.
3. The general terms and conditions will be sent free of charge on request.
4. The general terms and conditions can be viewed and downloaded via Steam’s websites.

Cancellations related to COVID19