1. Applicability

1.1 These general terms and conditions apply to - and form an inseparable part of - every offer, quotation and/or agreement relating to services of any kind to be provided by Backspace Escape Room BV, established in Amsterdam, hereinafter referred to as: “Backspace”, unless expressly agreed otherwise in writing.

1.2 In these Terms and Conditions, “Customer” means any (legal) person who orders and/or purchases services from or through Backspace.
1.3 These conditions prevail over any other conditions that may be applied by the customer, unless otherwise agreed.
1.4 These terms and conditions may only be deviated from if the parties have expressly agreed so in writing.

2. Conclusion and amendment of agreement

2.1 All offers and quotations made by Backspace, in any form, are without obligation unless a deadline for acceptance is included in the offer. Only by written confirmation from Backspace or actual performance by Backspace does an agreement come into being.
2.2 Obvious clerical errors or mistakes in Backspace's offers release it from the obligation to fulfil and/or any obligations to pay compensation arising therefrom, even after the conclusion of the agreement.
2.3 An e-mail confirmation from the customer to an offer made by Backspace is considered to be a written confirmation of the offer and/or quotation and thus the formation of the agreement.
2.4 The person entering into the agreement on behalf of, or on behalf of, a group is jointly and severally liable for all obligations under this agreement.

3. Prices

3.1 All prices quoted in offers and/or quotations for business customers are exclusive of VAT.

3.2 All consumer prices listed on the website include VAT

4. Payment

4.1 In the case of reservations, payment must be made no later than the day of participation, unless otherwise agreed in writing in advance.

4.2 If payment after invoicing has been agreed, payment must in any case be made within fourteen (14) days of the invoice date.

5. Default

5.1 When payment is not made on time, the customer is legally in default without notice of default being necessary. The customer owes Backspace statutory interest as referred to in Article 6:119 or Article 6:119a of the Dutch Civil Code from that time onwards.

5.2 In the event that no payment has been received after the expiry of a further payment term set by written reminder, the Customer shall owe a penalty equal to 10 % of the principal amount owed by the Customer to Backspace including VAT, regardless of whether Backspace has had to incur extrajudicial collection costs and without prejudice to Backspace's right to claim damages.
5.3 Without prejudice to Backspace's other rights under this Article, the Customer is obliged to reimburse Backspace for collection costs incurred by Backspace which go beyond the sending of a single demand or the mere submission of an - unaccepted - settlement proposal, the collection of simple information or the usual compilation of the file. These costs are determined on the basis of the applicable guidelines at courts in the Netherlands at that time.
5.4 The applicability of section 6:92 of the Dutch Civil Code is excluded with regard to the penalty clause contained in this article.

6. Cancellation

6.1 It is possible to cancel or indicate changes free of charge up to 7 days prior to the date of visit. Such cancellation and/or change must be made in writing or by e-mail, with a date.
6.2 For partial or full cancellation within 7 days prior to the date of visit, the customer will owe 100% of the total amount unless a different amount is specified in writing by Backspace.
6.3 If, in case of a reservation for several persons, one or more of the number of persons specified does not show up without timely cancellation, the entire agreed amount shall be due.
6.4 Backspace is at all times entitled to unilaterally cancel a reservation for reasons of its own - business or otherwise - without owing any compensation to the customer. However, any money already paid by the customer to Backspace will be refunded immediately.
6.5 All the above cancellation conditions also apply to catering and other services agreed by tender.

7. Safety

7.1 Entering Backspace's facilities and surrounding grounds is at your own risk.
7.2 Everyone is obliged to follow the instructions of Backspace employees at all times.
7.3 Customers who are under the influence of alcohol or drugs will be refused access to the premises. They remain liable for full payment of the agreed amount as well as any additional costs incurred by Backspace.

8. Liability Backspace

8.1 Any liability of Backspace for damage (including theft) suffered by customers or visitors is excluded, unless imperatively regulated by law.
8.2 The foregoing applies to any person and regardless of whether the damage is caused by (but not limited to): - entering the escape rooms; - an accident while visiting the escape rooms or any accident with other customer(s) and/or employee(s); - circumstances attributable to the customer or visitor.
8.3 In the event that Backspace does turn out to be liable, its liability will be limited to a maximum of the amount paid out under its liability insurance in the relevant case.

9. Customer liability

9.1 Customers (and others accompanying them) are jointly and severally liable for damage arising from loss, theft, or damage to the property or possessions of (employees of) Backspace and third parties, as well as for any injury caused to employees of Backspace and third parties, whether or not the damage or injury results from any acts or omissions of Customers themselves, or others who were on Backspace's premises with Customers' consent.
9.2 All games in Backspace's escape rooms are designed to be opened or solved with care and inventiveness. The necessary care is expected from the customer by Backspace. It is explicitly forbidden to open or solve games and/or game components by force. In the event of damage to games and/or property caused by incorrect use of an escape room, Backspace reserves the right to recover this damage from the customer(s) concerned.
9.3 Customer indemnifies Backspace against all claims for damages by third parties that (partly) result from any act or omission by Customer, or others who were on Backspace's premises with Customer's consent.

10. Dissolution

10.1 Backspace is authorised to suspend the fulfilment of its obligations or to dissolve the agreement if: - Customer does not fulfil or does not fully fulfil the obligations under the agreement; - Circumstances come to the knowledge of Backspace at the conclusion of the agreement giving good reason to fear that the Customer will not fulfil the obligations; - Customer was requested to provide security for the fulfilment of his obligations under the agreement at the conclusion of the agreement and this security is not provided or is insufficient. As soon as security has been provided, the authority to suspend performance lapses, unless such fulfilment has been unreasonably delayed as a result.
10.2 Backspace is authorised to dissolve the agreement (have the agreement dissolved) if circumstances arise which are of such a nature that fulfilment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise which are of such a nature that unaltered maintenance of the agreement can no longer be reasonably expected.
10.3 If the agreement is dissolved, Backspace's claims against the customer are immediately due and payable. If Backspace suspends fulfilment of the obligations, it retains its claims under the law and agreement. 10.4 Backspace always retains the right to claim damages.

11. Complaints

11.1 Complaints relating to the activities organised by Backspace must be submitted in writing (by registered post) to Backspace within 5 working days of the end of the activities.
11.2 The submission of complaints shall never suspend any payment obligation incumbent on the customer.

12. Disputes and applicable law

12.1 If any ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation of such provision(s) should be made ‘in the spirit’ of these general terms and conditions.
12.2 An agreement concluded with Backspace is subject to Dutch law. All possible disputes relating to this agreement or arising from this agreement will be settled in the first instance exclusively by the competent court in the district in which Backspace is located at the time of the conclusion of this agreement.

13. Find

13.1 These general terms and conditions have been filed at the office of the Chamber of Commerce in Amsterdam.
13.2 These terms and conditions are listed on the website https://backspace-escaperooms.nl/algemene-voorwaarden