General Visitor Terms and Conditions of Candy Castle

Version: 2023

ARTICLE 1. DEFINITIONS

1.1. The capitalised terms below have the following meanings in these General Visitor Terms and Conditions:

• (i) General Terms and Conditions: these general visitor terms and conditions.
• (ii) Visitor: the natural or legal person who enters the buildings and/or premises of Candy Castle and/or who enters into an Agreement with Candy Castle, either directly or indirectly.
• (iii) Special Terms and Conditions: house rules, safety regulations and other supplementary conditions of Candy Castle.
• (iv) Group: two (2) or more Visitors visiting Candy Castle in an organised capacity.
• (v) Candy Castle: a branch listed on the Website which the Visitor visits or will visit and/or with which the Visitor enters into an Agreement.
• (vi) Agreement: the set of agreements between the Visitor and Candy Castle under which Candy Castle provides services and/or products (such as the Admission Ticket, General Terms and Conditions, Special Terms and Conditions).
• (vii) Parties: Candy Castle and the Visitor, including a Group.
• (viii) Admission Ticket: a ticket, including a multi-ride card, which grants the Visitor access to one of the Candy Castle indoor play centres during opening hours.
• (ix) Location: the buildings and/or premises of a Candy Castle branch listed on the Website.
• (x) Website: www.candycastle.nl

1.2. Unless the Agreement expressly provides otherwise, a reference to an “Article” refers to an article of these General Terms and Conditions, and the singular shall include the plural and vice versa.

ARTICLE 2. APPLICABILITY

• 2.1. These General Terms and Conditions apply to every visit to Candy Castle, and to every offer, quotation and Agreement between Candy Castle and a Visitor or Group, unless expressly agreed otherwise in writing by the Parties.
• 2.2. In addition to these General Terms and Conditions, Candy Castle may apply (branch-specific) Special Terms and Conditions, which will form part of the Agreement and shall take precedence over these General Terms and Conditions.
• 2.3. Before or at the conclusion of the Agreement, a copy of these General Terms and Conditions will be made available to the Visitor at the entrance of the Candy Castle Location, and the Visitor will be informed of the (branch-specific) Special Terms and Conditions.
• 2.4. In the case of a telephone booking, the Visitor will be informed that a copy of these General Terms and Conditions is available for inspection at the Location, can be sent upon request, and is accessible via www.candycastle.nl.
• 2.5. Upon entering into the Agreement, the Visitor unconditionally accepts the General and Special Terms and Conditions.
• 2.6. Any general terms and conditions, such as those of the Visitor, are expressly excluded.
• 2.7. In the event of a conflict between a provision in these General Terms and Conditions and the Agreement, the provision in the Agreement shall prevail. In case of discrepancies between these General Terms and Conditions and any information material made available to the Visitor on the Website or at the Candy Castle Locations, these General Terms and Conditions shall prevail.
• 2.8. If Candy Castle does not always enforce strict compliance with these conditions, this does not imply a waiver of any provisions or of the right to enforce them in the future.

ARTICLE 3. QUOTATIONS, OFFERS AND CONCLUSION OF AGREEMENTS

• 3.1. All quotations, offers, statements or other information (such as opening hours and rates) provided by Candy Castle are non-binding.
• 3.2. A composite quotation does not obligate Candy Castle to execute part of the assignment for a corresponding part of the stated price.
• 3.3. An Agreement is formed upon acceptance of an offer from Candy Castle by the Visitor. An Agreement made via the Website or email is concluded once Candy Castle has sent an email confirmation to the Visitor.
• 3.4. An Admission Ticket is personal and only valid on the date and time indicated on the ticket for the designated Candy Castle Location.
• 3.5. In accordance with Article 6:230p sub e of the Dutch Civil Code, the right of withdrawal does not apply to Agreements relating to leisure services for which a specific date or period of performance is provided. Therefore, the Visitor has no right to cancel such Agreements. In all other cases, the Visitor may cancel a Website-concluded Agreement within fourteen (14) days of receiving the email confirmation.
• 3.6. Candy Castle shall not be bound by the Agreement if the Visitor can reasonably understand that the quotation or offer contained an error or mistake.
• 3.7. Offers, quotations, and Agreements may not be disclosed to third parties without Candy Castle’s consent. No rights can be derived by third parties from such documents.

ARTICLE 4. ACCESS TO THE LOCATION

• 4.1. Access to the Location is only granted upon presentation of a valid Admission Ticket, which must be presented upon request during the visit.
• 4.2. Lost Admission Tickets will not be replaced.
• 4.3. Candy Castle may close part(s) of the Location without any obligation to compensate the Visitor(s).
• 4.4. Candy Castle may deny (further) access to the Location if, in the opinion of its staff or authorised third parties, the Visitor is dressed inappropriately.
• 4.5. Visitors under the age of 14 may only enter Candy Castle when accompanied by an adult Visitor aged 18 or older.
• 4.6. Chaperones (e.g. parents, guardians, or group leaders) are always responsible and liable for the conduct of those they accompany. A chaperone may not leave accompanied Visitors unsupervised at the Location.

ARTICLE 5. VISITOR OBLIGATIONS

• 5.1. The Visitor is required at all times to comply with the General and Special Terms and Conditions as made available on the Website and at the Location, and must follow the instructions given by Candy Castle staff and/or third parties engaged by Candy Castle.
• 5.2. The Visitor must be present at Candy Castle five minutes before the scheduled start of the booked activity. Failure to be on time entitles Candy Castle to cancel the Agreement. In such cases, no Visitor is entitled to a refund, an extension of the activity, or rescheduling.
• 5.3. The Visitor is required to familiarise themselves with the Special Terms and Conditions, as made available on the Website and at the Location, prior to the activity. The Visitor is deemed to be familiar with these terms before participating.
• 5.4. Participation in activities is only permitted for Visitors in good health. The Visitor declares they are healthy, physically fit, and free of any condition that could hinder safe participation (e.g. physical or psychological issues or pregnancy). In case of doubt, it is the Visitor's responsibility to refrain from participation.
• 5.5. Visitors are not permitted to participate in activities under the influence of alcohol, drugs, or medication.
• 5.6. Visitors are not permitted to bring or consume their own food or drink at the Location.
• 5.7. Means of transport such as skateboards, roller skates, scooters, (electric) step-scooters, and hoverboards are not allowed at Candy Castle, except for mobility scooters, wheelchairs, walking aids, and prams.
• 5.8. Visitors are prohibited from carrying weapons, alcohol, and/or narcotics.
• 5.9. Visitors must present a valid form of ID upon request.
• 5.10. Candy Castle reserves the right to carry out preventive security checks at the entrance, including bag checks and surface-level private security searches (POV). Visitor cooperation is a condition of entry.
• 5.11. If the Visitor acts in breach of the Agreement, social norms, or legal provisions (e.g. vandalism, theft, nuisance, or refusal to follow staff instructions), Candy Castle reserves the right to:
  
  • a) Deny (further) access to the Location without any refund or compensation;
  • b) Impose a temporary or permanent ban from one or more Candy Castle locations;
  • c) Report the incident to the police;
  • d) Hold the Visitor liable for all damages, including loss and loss of profit.

ARTICLE 6. PAYMENT AND COLLECTION

• 6.1. Payment must be made prior to the start of the activity.
• 6.2. If an invoice is issued, payment must be made within the term stated on the invoice or, if not stated, within fourteen (14) days of the invoice date to the bank account specified.
• 6.3. Failure to pay within the term results in default by operation of law. All current and future claims become immediately due, and Candy Castle may suspend obligations under any Agreement. Candy Castle may charge statutory (commercial) interest and recover actual judicial and extrajudicial (collection) costs.
• 6.4. Payments are first applied to costs, then interest, and finally the principal and ongoing interest.
• 6.5. If the Visitor is a consumer, extrajudicial collection costs are charged in accordance with the Dutch Decree on Compensation for Extrajudicial Collection Costs.
• 6.6. Visitors must check the invoice or receipt and any change immediately upon payment. If no complaint is made immediately, Candy Castle is not obliged to handle the issue later. Any right to claim lapses if a complaint is not made immediately and legal action is not taken within one year.
• 6.7. Visitors have no right to set-off, deduction, or suspension.
• 6.8. Candy Castle is never obliged to refund an unused Admission Ticket.

ARTICLE 7. CANCELLATION

• 7.1. If the Visitor cancels an Agreement:
  
  • a) More than 48 hours before the booked activity: 50% of the total sum is due;
  • b) Less than 48 hours before the booked activity: the full amount is due.
• 7.2. Refunds by Candy Castle under Article 7.1(a) will be paid within fourteen (14) days after the reserved activity date.

ARTICLE 8. LIABILITY AND FORCE MAJEURE

• 8.1. Entering the Location(s), participating in activities, and using play equipment is entirely at the Visitor’s own risk. The Visitor acknowledges the risks of (serious) bodily harm or material damage.
• 8.2. Candy Castle’s total liability for breach of contract or any other grounds is limited to the invoice amount (excluding VAT) or the amount paid by its liability insurer.
• 8.3. Candy Castle is not liable for damage resulting from inaccurate or incomplete information provided by or on behalf of the Visitor.
• 8.4. Candy Castle is not liable for errors in offers, announcements, or ticket sales made by third parties.
• 8.5. Candy Castle is not liable for indirect damages such as consequential loss, loss of profit, goodwill, or business interruption.
• 8.6. Candy Castle is not liable for theft, loss, or damage to Visitors’ belongings, even when using the free unattended cloakroom or lockers. The Visitor indemnifies Candy Castle against all related claims.
• 8.7. Unless performance is permanently impossible, the Visitor must notify Candy Castle in writing of any default and allow a reasonable period for remedy. The notice must be detailed to allow adequate response.
• 8.8. Claims for damages against Candy Castle expire after twelve (12) months unless legal action is initiated within that period.
• 8.9. The Visitor is liable for all damages caused by personal breaches or wrongful acts, as well as those of any Group they belong to or are responsible for.
• 8.10. Candy Castle may suspend obligations under the Agreement during force majeure. If force majeure continues for more than six (6) months, either Party may terminate the Agreement without compensation.
• 8.11. Force majeure includes war, civil unrest, government measures, pandemics, internal strikes, business interruptions (e.g. fire, sabotage, internet outages), extreme weather, road closures, accidents, or transport problems.
• 8.12. If Candy Castle has partially performed during force majeure, it may invoice the performed part. The Visitor must pay this invoice.
• 8.13. The limitations in this Article do not apply in cases of wilful intent or gross negligence by Candy Castle.
• 8.14. The Visitor shall not be entitled to compensation for damage caused by force majeure, beyond a refund or waiver of the affected portion of the Agreement.

ARTICLE 9. COMPLAINTS PROCEDURE

• 9.1. The Visitor must report any complaint immediately, or if not reasonably possible, before leaving the Location to the branch manager.
• 9.2. If the complaint concerns a damage claim, the Visitor must report and show the damage to the branch manager before leaving, who will document the issue. Candy Castle is not liable if the report is made after departure.
• 9.3. The Visitor and branch manager will attempt to resolve the complaint amicably. If unsuccessful, the Visitor may submit the complaint to the Candy Castle management within fourteen (14) days of the visit.

ARTICLE 10. OTHER PROVISIONS

• 10.1. Changes to the Agreement are only valid if confirmed in writing by Candy Castle.
• 10.2. If one or more provisions in these General Terms are invalid or become unenforceable, the remaining provisions shall remain in effect. The Parties shall agree on a new provision that approximates the purpose of the invalid one.
• 10.3. Candy Castle reserves the right to amend these General Terms and Conditions.

ARTICLE 11. PRIVACY

• 11.1. In the context of forming and executing Agreements, Candy Castle may process personal data. Such data is used in accordance with Candy Castle’s privacy policy, available via www.candycastle.nl. Personal data will not be used for other purposes unless consent is given or legally required.

ARTICLE 12. DISPUTES AND APPLICABLE LAW

• 12.1. These General Terms and Conditions and the Agreement are exclusively governed by Dutch law.
• 12.2. Disputes shall be submitted to the competent court in the place of establishment of Candy Castle, unless mandatory law prescribes otherwise. Candy Castle also reserves the right to submit disputes to the competent court in the Visitor’s place of residence or establishment.