Article 1: General

1.1 In these general terms and conditions, the following terms shall have the meanings ascribed to them:

• Article: an article from these general terms and conditions.
• Service: all that is the subject of the legal relations to which these general terms and conditions apply, including the products and services of Enversed and its Partner.
• Enversed: Enversed Entertainment Eindhoven B.V. and its legal successor(s) (the users of these general terms and conditions).
• User:user of the Service.
• Reserved date: the date reserved by the Customer for the Service.
• Customer: any (legal) person entering into an agreement with Enversed, and also a third party who takes over a ticket and/or gift voucher from this (legal) person).
• Location: the location where the Service is provided.
• Partner: an official commercial partner of Enversed.
• Privacy Policy: the privacy policy of Enversed (https://enversed.com/privacybeleid/).
• Rules: rules, regulations, and guidelines that the User must adhere to at all times during the use of the Service.
• Business outing: a reservation for a business arrangement for a minimum of ten persons.
• Ticket: admission ticket for the Service.
• Website: the website of Enversed (enversed.com)

1.2. Enversed is entitled to unilaterally amend these general terms and conditions without the consent of the Customer by sending the revised general terms and conditions to the Customer.

Article 2: Applicability

2.1. These general terms and conditions apply to all offers, quotations, agreements, Services, sales, and deliveries of Enversed.

2.2. By using the Service, the Customer and User agree to these general terms and conditions.

2.3. Any reference to terms and conditions other than those of Enversed is explicitly rejected by Enversed.

2.4. Deviations from and/or additions to these general terms and conditions only bind Enversed if they have been agreed upon in writing by the management of Enversed.

2.5. If one or more provisions of these general terms and conditions are (completely or partially) null and void or are annulled, the remaining provisions of these general terms and conditions shall remain in full force. The parties shall replace the null and void or annulled provision(s) with new provision(s). These provision(s) shall be drafted in accordance with the purpose and intent of the provision(s) to be replaced.

2.6. These general terms and conditions also apply to agreements in which Enversed engages third parties for the performance.

2.7. If Enversed does not always insist on strict compliance with these general terms and conditions, this does not mean that these provisions are no longer applicable. Enversed reserves the right to demand compliance with provisions of these general terms and conditions.

Article 3: Offers, Quotations, and Purchases

3.1. All offers and price quotations from Enversed are non-binding unless they contain a term for acceptance, in which case the offer expires after this term.

3.2. No rights can be derived from the prices stated by Enversed on its Website or otherwise.

3.3. Enversed reserves the right to change its prices and rates without prior notice.

3.4. Oral or written modifications and/or additions by Enversed after the offer shall be considered a new offer, thereby nullifying the previous offer.

3.5. If an acceptance by the Customer deviates from the offer, this constitutes a new offer by the Customer and a rejection of Enversed’s previous offer, even if it concerns only minor points of deviation.

3.6. A Ticket can only be purchased at the Location or online, namely on the Website and/or on the Partner’s website, unless otherwise agreed.

3.7. A Ticket is transferable and not personally bound to the Customer. If the Customer transfers it to a third party, the Customer ensures that this is always done while providing these general terms and conditions.

3.8. Enversed is not responsible for loss, forgery, theft, damage, and/or misuse of a Ticket. The Customer must report loss, forgery, theft, damage, and/or misuse to Enversed immediately.

3.9. In the case of a Ticket purchased online, namely on the Website and/or on the Partner’s website, a contract with a consumer is concluded once the Customer receives a confirmation email from Enversed, and in all other cases, after Enversed accepts the quotation.

Article 4: Cancellations, Suspensions, and Amendments

4.1. Pursuant to Article 6:230p sub e of the Dutch Civil Code, the Customer does not have the right to withdraw from his purchase.

4.2. If the Customer cancels a placed order up to and including fourteen days before the Reserved date, the Customer shall owe a cancellation fee of 50% of the total amount. The Customer is also allowed to change the Reserved date up to and including fourteen days before the Reserved date. In that case, no cancellation fee of 50% is due. If the Customer cancels within fourteen days before the Reserved date, the Customer shall owe a cancellation fee of 100% of the total amount.

4.3. Only in the case of a Business outing may the Customer adjust the number of participants down by a maximum of 10% up to fourteen days before the Reserved date. After that, changes are not allowed. Changes to reduce the number of persons, communicated within two weeks prior to the reservation, will not be accepted. A reduction in the number of participants (with a maximum deviation of 10%) will result in a corresponding reduction in the variable cost component on the final invoice. The number of participants can be increased by mutual agreement.

4.4. The data/documents from Enversed’s administration constitute conclusive evidence.

4.5. Enversed has the right to terminate the agreement with the Customer without notice or formal demand, or to cancel the Service, if the Customer has not fulfilled any obligation towards Enversed.

4.6. Enversed is at all times entitled to suspend its obligations and to proceed with offsetting.

Article 5: Gift Vouchers or Discount Vouchers and Codes

5.1. Article 3 and Article 4 also apply to gift vouchers and, where applicable, to discount vouchers and codes.

5.2. Gift vouchers are valid for two years and can only be redeemed for the purchase of a ticket and are not exchangeable for cash.

5.3. Enversed is not responsible for loss, forgery, theft, damage, and/or misuse of gift or discount vouchers, or discount codes. The Customer must report loss, forgery, theft, damage, and/or misuse to Enversed immediately.

5.4. A gift voucher, discount voucher, and discount code are transferable and not personally bound to the Customer. If the Customer transfers it to a third party, the Customer ensures that this is always done while providing these general terms and conditions.

Article 6: The Service and Access to the Service

6.1. The User declares that all equipment and items provided by Enversed are in good condition.

6.2. In case of a malfunction in or with the equipment, the User must report this immediately to an Enversed employee It is not permitted for the User to repair malfunctions and/or perform repairs unless expressly agreed upon in writing between the parties.

6.3. Unless agreed otherwise in writing, delivery is deemed to have taken place after the reserved duration has elapsed. No account will be taken of late arrival, regardless of the reason.

6.4. If the Service is not paid for in a timely manner, Enversed reserves the right to deny the User access to the service.

6.5. Enversed will use its best efforts to provide the Service. Enversed reserves the right to adjust the content of the Service at any time and without prior notice, without this entitling the customer to any compensation or refund of a purchased Ticket.

6.6. Users must be at least 8 years old to use the Service.

6.7. Children under 12 years of age must be accompanied by an adult User or person and remain under the full responsibility of the adult.

6.8. Enversed is entitled to verify the identity of the (intended) User. If the User is younger than eight years old or does not meet the requirements in this Article, access to the Service will be denied to him/her, without any right to compensation or refund of the Ticket.

6.9. Enversed emphasizes that the use of the headset by a child under 12 years of age is at the risk of the parents and/or the responsible person accompanying the child at the Location. All liability of Enversed, which merely provides the headset, is excluded.

6.10. The Ticket is valid and grants access to the Service and Location described on the Ticket, exclusively on the date, start time, end time, and agreed Location stated on the Ticket.

6.11. The User must be present at the Location no later than 15 minutes before the start time stated on the Ticket. If the User is not present at the Location no later than 15 minutes before the start time, the delivery of the Service cannot be guaranteed, and the User and/or Customer has no right to any compensation and/or refund.

6.12. The manner(s) in which the Ticket can be used and validated is described on the Website. Tickets that do not comply with these rules will not be accepted (and this will not entitle to any compensation and/or refund).

6.13. Special terms and limitations regarding the validity and enforceability of the Ticket may be described on the Website or on the Ticket (and if applicable, the respective website(s) of partners) and will apply in addition to, and if necessary, in deviation from, the provisions of these general terms and conditions.

Article 7: Payment and Customer Obligations

7.1. The Customer is obligated to settle all invoices within 14 days from the invoice date, unless otherwise agreed upon in writing by the management of Enversed. This is a strict deadline. In the case of a payment link, the Customer must make the payment within 24 hours, unless another payment term is indicated. This is also a strict deadline.

7.2. Enversed may require a deposit of 50% of the total amount for a Corporate outing from the Customer.

7.3. Payments made by the Customer shall always first serve to settle all due interest and costs, and subsequently to settle claims arising from the agreement that have been outstanding the longest, even if the Customer specifies that the payment relates to another claim.

7.4. In case of (an application for) liquidation, insolvency, bankruptcy, or suspension of payment of the Customer, all claims, of whatever nature, against the Customer are immediately due and payable.

7.5. In case of non-payment or late payment, without prior notice, the Customer shall owe the legal commercial interest (for consumers: legal interest) from the due date, as well as any collection costs. All extrajudicial and judicial costs incurred by Enversed, including all costs exceeding the court’s liquidation rate, resulting from non-payment or late payment by the Customer, shall be borne by the Customer. The extrajudicial costs amount to at least 15% of the total amount owed by the Customer and are due from the due date, without prior notice. Enversed is at all times entitled to demand performance and/or (additional) damages from the Customer.

7.6. All actual costs arising from the Customer’s failure to enable the execution of the agreement and/or due to circumstances attributable to the Customer, resulting in costs for Enversed, shall be charged to the Customer.

7.7. Payments must be made by the Customer without the right to deduction and/or the right of (any form of) suspension and/or set-off, unless expressly agreed otherwise. If the Customer is a consumer, they are entitled to suspend payment.

Article 8: Complaints

8.1. Any complaints, damages, defects, and/or deficiencies must be reported to Enversed in writing within ten days of the delivery of the Service, or if the complaint arises later, within ten days of the occurrence of the complaint, with a detailed statement of the facts to which the complaint relates.

8.2. The right to complain, or any claim for compensation and/or repair and/or replacement, lapses if the Customer has not lodged a complaint within the aforementioned period and/or has not given Enversed the opportunity to remedy the defects and/or deficiencies.

8.3. The right to complain, or any claim for compensation and/or repair and/or replacement, also lapses if the Customer has not initiated legal proceedings within twelve months after the subject matter of the claim has become known to the Customer or should have become known.

8.4. If any complaint is deemed valid by Enversed, Enversed will credit the Service within a reasonable period, or replace it, at Enversed’s discretion.

8.5. The right to complain also lapses if:

• • the damage is caused or contributed to by the negligence of the Customer or third parties, including careless use, and/or by the Customer acting in violation of Enversed’s instructions, directions, and advice;
  • (and in case of non-consumers:) the Customer has failed to meet any obligation towards Enversed, even if it does not have a (direct) connection with it.

8.6. If a complaint that does not fall under the cases mentioned in this article is taken into consideration, this is done entirely voluntarily, and the Customer cannot derive any rights from it.

Article 9: Rules and Code of Conduct

9.1. Every User is obligated to follow the (safety) instructions given to them by the Enversed staff, particularly regarding accessing the Service and/or the Location and using the equipment, accessories, or other items provided to the Customer.

9.2. If the User is dressed inappropriately or in a manner that may associate or confuse them with an Enversed staff member, Enversed has the right to deny the User access to the Service and/or the Location.

9.3. It is not permitted to bring own food and/or drinks to the Location.

9.4. Smoking is prohibited within the Location. This also applies to the e-cigarette.

9.5. Camera surveillance is present in and around the Location to protect the safety of the Users and Enversed staff.

9.6. Enversed reserves the right to inspect bags and request a valid identification. If the User and/or Customer does not cooperate, Enversed has the right to refuse access to the Location or remove the User and/or Customer from the Location

9.7. Conducting (commercial) activities, including recordings, surveys, advertising, and collections, is not permitted on or around the Location without prior written consent from Enversed.

9.8. Enversed staff has the right to refuse the User and/or Customer access to the Service and the Location or to remove the User and/or Customer from the Location, and to take all reasonable and, if necessary, preventive measures if the User violates or disrespects the rules of conduct in this article and/or the Rules. In such cases, the User and the Customer are not entitled to any compensation or refund.

Article 10: Force Majeure

10.1. In case of temporary force majeure or complete force majeure on the part of Enversed, the Customer is not entitled to any refund or (damage) compensation.

10.2. In case of temporary force majeure on the part of Enversed, Enversed has the right to suspend the agreement with the Customer for the duration of the force majeure situation.

10.3. In case of (temporary) force majeure, Enversed reserves the right to cancel the Ticket and instead offer the Customer a gift voucher valid for two years. The Customer is obligated to accept this gift voucher.

10.4. Force majeure shall include any circumstance beyond the control of Enversed – even if foreseeable at the time of the conclusion of the agreement – that permanently or temporarily prevents the performance of the agreement by Enversed, as well as, to the extent not already included: calamities, war, threat of war, acts of terrorism, civil war, epidemics or pandemics, unrest, strikes, protests, protests, natural disasters, production or transportation disruptions, employee absenteeism, government and municipal measures, fire, power failure, IT and/or software infrastructure failure, shortcomings or actions of subcontractors, suppliers, or third parties, and other disruptions in the business of Enversed and/or its suppliers. Force majeure on the part of Enversed also exists if the circumstance preventing (further) performance of the agreement occurs after Enversed was supposed to fulfill its obligation.

Article 11: Liability

11.1. Enversed shall not be liable for any damages resulting from the improper adherence to the Rules.

11.2. Enversed shall not be liable for damages resulting from incompatibility between the Service and the User’s medical condition. Users who use the Service contrary to their health condition (such as, but not limited to: pregnant women, recently hospitalized individuals, asthma patients, epileptics, etc.) do so at their own risk.

11.3. Enversed shall not be liable for loss, theft, or damage to the Customer’s property and/or objects on and around the Location, or during the use of the Services. If lockers are made available to Users, their use is at the User’s own risk, and Enversed shall not be liable for disappearances, loss, theft, or damage to objects. Lost items will be kept for one week, after which they will be discarded.

11.4. The Customer indemnifies Enversed and holds it harmless from all claims by third parties for compensation for damages, costs, fines, penalties, or interest for which Enversed’s liability towards the Customer is excluded under these general terms and conditions.

11.5. he use of the Service by a minor (12 years or younger) is at the risk of the minor on one hand and the parents or the responsible accompanying adult (hereinafter: responsible party) on the other hand, who are responsible for supervising the minor and ensuring compliance by the minor with the Rules and these general terms and conditions. Enversed excludes any liability arising from the use by minors of the equipment provided by Enversed. It is the sole decision and judgment of the parent or responsible party to allow the minor to use the service.

11.6. The Customer cannot derive any rights from the information provided by Enversed via online information systems, such as its Website and websites of its Partners This provided information never relieves the Customer of their own duty to investigate.

11.7. The Customer is liable for any damage caused by the Customer to Enversed’s equipment, property, and/or facilities.

11.8. In case of loss, theft, or damage to the equipment used by the User in using the Service, the following flat-rate compensations will be charged to the Customer and/or User:

• HTC Vive Pro/Focus 3 headset: €1,100
• Backpack PC: €2,500
• Gun: €250
• HTC Vive Controller: € 250,-
• Desktop PC: € 1.600,-
• TiltFive headset: € 250,-
• TiltFive controller: € 150,-
• Oculus Quest 2 headset: € 800,-
• Oculus Quest 2 controller: € 100,-
• Oculus Quest 2 strap: € 50,-
• Screens outside VR Room: € 450,-

11.9. The Customer and User acknowledge that these amounts are reasonable and correspond to the value of the equipment. To the extent that, for any reason, compliance with these amounts is not possible, the Customer and User shall compensate Enversed for the actual damages suffered.

11.10. Except in cases of intent and/or conscious recklessness on the part of Enversed or its managerial staff (including managerial subordinates), Enversed shall never be liable for any direct or indirect damages, regardless of whether the claim is based on an agreement concluded with Enversed, tort, or otherwise. Article 11.14 does not apply to consumers.

11.11. If Enversed should be liable for any damages not covered or reimbursed by the insurer, Enversed’s liability shall always be limited to direct damages to property or persons and shall never extend to indirect damages, business interruption losses, or other consequential damages, including but not limited to loss of income and/or profits, loss of customers or contracts, loss or damage to goods.

11.12. If Enversed should be liable for any damages, Enversed’s liability is further limited to the total amount of the Ticket, or – and only if the insurer makes a payout – in any case, to the maximum amount for which Enversed is insured, or according to the practices reasonably insured or insurable in the industry.

Article 12: Intellectual Property Rights

12.1. All intellectual property rights and rights relating to agreements concluded between the parties belong to Enversed, to the extent that they do not already belong to third parties.

12.2. Without prior written consent from the management of Enversed, the Customer is not permitted to independently or through the involvement of third parties modify, reproduce, disclose, and/or exploit the rights referred to in the preceding paragraph.

Article 13: Privacy and Data Protection

13.1. Enversed may collect personal data from the Customer for administrative purposes in accordance with its Privacy Policy. Enversed undertakes to treat these data confidentially and to comply with applicable data protection legislation.

Article 14: Applicable Law and Jurisdiction

14.1. The Vienna Sales Convention does not apply. The same applies to any other (future) international regulations from which exclusion is permitted.

14.2. Dutch law applies exclusively to all agreements to which these general terms and conditions apply in whole or in part.

14.3. All disputes arising out of or in connection with the agreements concluded or yet to be concluded with Enversed shall be exclusively submitted to the competent court of the District Court of Oost-Brabant, the Netherlands, unless Enversed, as plaintiff or applicant, opts for the competent court of the Customer’s domicile or residence. If the Customer is a consumer, the statutory requirements for the competent court apply.