Terms and conditions

Definitions

In these general terms and conditions, the following terms are used in the defined meaning below, unless expressly stated otherwise.

1. Steam: Steam leisure & events, other party to the agreement with the customer and user of the present general conditions within the meaning of art. 6:231 sub b of the Dutch Civil Code; located at Beltrumsestraat 10, 7141 AL Groenlo;

   Kvk 09102534 and also operating under other names:

   • Escaperoom Groenlo
   • Ervaar Groenlo
2. Customer: the natural or legal person concluding 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 reserved by the Customer.
6. Parties: the Customer and Steam together.
7. In writing: in these general terms and conditions, "in writing" includes communication by e-mail or otherwise digitally (e.g., through an online interface/website/messaging application) provided that the identity of the sender and integrity of the content are sufficiently clear.

Applicability

1. These conditions apply to all offers, quotations and agreements relating to Activities and/or (group) arrangements organized or offered by Steam.
2. Where departures from these general terms and conditions have been permitted by Steam, tacitly or otherwise, for a short or long period of time, Steam shall not prejudice its right to demand direct and strict compliance with these terms and conditions. The customer can never assert any right on the grounds that Steam applies these terms and conditions flexibly.
3. Steam reserves the right to modify these terms and conditions at any time. The amended terms and conditions will apply from the time the Customer is notified of the amendment, on the understanding that for agreements already concluded, the terms and conditions that were in operation on the day the order was established will continue to apply.
4. In case one or more of the provisions of these general terms and conditions or any other agreement with Steam should be in conflict with a mandatory statutory provision or any applicable legal provision, the provision in question will cease to apply and will be replaced by a new, legally permissible and comparable provision to be determined by Steam.
5. These conditions shall also apply to all agreements with Steam, the execution of which requires the involvement of third parties.

Establishment of the agreement

1. An agreement is concluded at the moment the Customer makes a reservation via the website or verbally (including by telephone) to (the employees of) Steam and receives confirmation of this by e-mail or by post.
2. The person who enters into the agreement on behalf of, or for the benefit of, the group (the Customer) shall be held liable for all obligations under this agreement as well as for any damages caused by the Participants enrolled by the Customer.

Execution of the agreement

1. Steam shall perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good profession.
2. If and to the extent required for proper execution of the agreement, Steam is entitled to have certain work performed by third parties.
3. The Customer shall ensure that all data, which Steam indicates are necessary or which the Customer should reasonably understand are necessary for the performance of the agreement, are provided to Steam on time. If the information required for the execution of the agreement is not provided to Steam in time, Steam is entitled to suspend the execution of the agreement and/or charge the Customer for the additional costs resulting from the delay.
4. Steam shall not be liable for any damage, of whatever kind, due to Steam having relied on incorrect and/or incomplete information supplied by the Customer, unless such incorrectness or incompleteness should have been known to Steam.
5. The customer indemnifies Steam against any claims by third parties who suffer damage in relation to the execution of the agreement which is accountable to the customer.

Payment

1. Unless expressly agreed otherwise, payment shall be made in advance of the Activity by online payment or PIN payment at the venue. If it is agreed that payment will be made by invoice, the Customer must have paid the full amount within 14 days of receiving the invoice. Steam has the right to send invoices digitally.
2. After expiry of the agreed payment term, Steam shall send the Customer a reminder, giving him a reasonable time to still fulfil his payment obligation. If the Customer does not pay within this period, the Customer is legally in default without further notice of default being required.
3. Customer shall owe statutory interest on the amount due from the moment of default. All judicial and extrajudicial costs incurred by Steam to obtain satisfaction - both judicial and extrajudicial - shall be for the customer's account from that moment. In this case, the Customer shall owe compensation of at least 5% of the unpaid 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. The published reservation fee includes the cost of all items required for the relevant Activity, unless otherwise stated. Prices stated on the website, in offers or otherwise are inclusive of VAT, unless otherwise stated.
2. The published prices are based on the prices and conditions as they were known during the preparation of the Plan. Steam reserves the right to change the price before the booking is made, if there is reasonable cause to do so, but not limited to third party price increases or increases in taxes and other legal rates.

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 reservation

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 participant
2. If a booking is cancelled or changed, the following costs will be charged per booking, unless agreed otherwise

   1. Online activity

      1. Cancellation more than 7 days before start: free of charge
      2. Cancellation less than 7 days but more than 72 hours before start: 50% on the reserved activity
      3. Cancellation less than 48 hours before: 100% of the agreed price
      4. 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.

   2. Indoor or outdoor activity

      1. Cancellation more than 120 hours before the start: free of charge
      2. Cancellation less than 120 hours but more than 72 hours: 20% of total invoice
      3. Cancellation less than 72 hours but more than 48 hours before start: 50% of total invoice
      4. Cancellation less than 48 hours before arrival: 100% of the agreed price

   3. Packages

      By package we mean a combination of our activities or cooperation with third parties.

      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. 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. 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. 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. 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. 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.