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TERMS AND CONDITIONS
BOOKED ACTIVITIES AND CATERING SERVICES
Article 1: General
1. These general conditions form an inseparable part of and are applicable to all offers and agreements concerning booked (group) activities (excluding entrance tickets) and catering services of Safari Resort Exploitatie B.V, Aviodrome Exploitatie B.V., Beekse Bergen Exploitatie B.V., Dierenpark Overloon Exploitatie B.V., De Buitenjan Exploitatie B.V., Eindhoven Zoo Europa Exploitatie B.V., Aqua Zoo Friesland Exploitatie B.V., or Vrijetijdspark Dierenbos Exploitatie B.V., hereinafter referred to individually as: 'Libéma'.
2. In these terms and conditions, activities means all activities booked by the guest at the relevant park, excluding entrance tickets and excluding purchased catering.
3. Deviations from the provisions of these general terms and conditions can only be made in writing with the written consent of the General Manager of the Libéma park in question. Libéma reserves the right to amend these general terms and conditions.
Article 2: Receipt of booking confirmation and payment
1. With the full and correct completion of the booking procedure on the Libéma park website, the agreement to book an activity and/or catering service between you and Libéma is directly concluded. In the case of a booking request by telephone or by e-mail, the agreement comes into effect after receipt of Libéma's written, including e-mail, booking confirmation.
2. From the booking confirmation, the applicable payment method follows. Libéma uses various payment options, including Visa, Mastercard, iDEAL and bancontact. Depending on the activity and/or catering service booked by you, one of the following payment methods applies, at Libéma's discretion:
- On-site payment on the day the activity and/or catering service is performed.
- Online immediately upon booking
- On invoice where payment must be made within the payment period stated on the invoice
- Subsequently on an after-sales basis
3. Each booking confirmation has a unique booking number and a validity date and time. Outside this date and time, the booking is not valid. Upon expiry of the validity date and time stated on the booking confirmation, the entitlement to any unused parts of a booking expires. Booking confirmations will not be extended.
4. Resale, use for commercial purposes and/or counterfeiting of a booking confirmation is not allowed.
5. Libéma uses the payment services of Mollie B.V. for the sale and payment of the activities it offers. (hereinafter: 'Mollie'). Mollie processes online payment for Libéma.
Article 3: Access with booking confirmation.
1. A booking confirmation should be printed in good quality on paper (colour or black and white) or displayed legibly on the screen of a mobile phone or tablet. At the request of a Libéma staff member, the booking confirmation must be shown.
2. If, in the opinion of Libéma, the booking confirmation is not legible, it does not entitle you to access the park and/or the activity you have booked. Libéma is not liable to pay any compensation for damages and/or costs in such a situation.
Article 4: Data entry
1. You are responsible for filling in and/or transmitting your details correctly and completely when booking your desired activity and/or catering service. Providing incorrect or incomplete data may result in the booking confirmation you require not being sent. Libéma is not liable to pay any compensation for damages and/or costs in such a situation.
Article 5: Cancellation - modification
1. If you unexpectedly wish to terminate the booked activity and/or the catering service in the interim by giving notice ("cancellation"), you will owe a cancellation fee. The amount of this cancellation compensation is described in paragraphs 5, 6 and 7 of this article and depends on the total value of the booking and the period between the moment the cancellation reaches Libéma and the start of the booked activity and/or catering service.
2. If you cancel only part of the booked activity and/or catering service, the compensation stipulated in paragraph 5, paragraph 6 and paragraph 7 of this article shall apply proportionally to the cancelled parts.
3. Cancellation of the activity and/or catering service you have booked must be done in writing, which is understood to mean by e-mail. The date of receipt of the cancellation by Libéma is decisive for the cancellation fee payable by you.
4. Different conditions exist for the cancellation of activities than for the cancellation of catering services.
5. The cancellation fee for activities is as follows:
Total value of cancelled activity less than €20
- If the total value of an activity booked for a specific date is an amount below €20 (in words: twenty euros), no cancellation can take place and any outstanding amount is and will remain due. There will be no refund.
Total value from €20,--
- If the total value of the booking exceeds €20,-- (in words: twenty euros), no fee will be charged for a cancellation made more than 10 working days before the booked date.
- If cancellation occurs within 10 to 5 working days before the date booked, 10% of the price stated in the confirmation for the activities booked will be charged.
- If cancellation occurs within 5 working days to 48 hours before the booked date, 50% of the price stated in the confirmation for the booked activities will be charged.
- If cancellation occurs within 48 hours before the date booked, 100% of the price stated in the confirmation for the activities booked will be charged.
6. The cancellation fee for catering services is as follows:
- Up to 10 working days before the booked date, it is possible to cancel booked catering services in full or in part free of charge.
- From 10 to 6 working days before the booked date, 50% of the price mentioned in the confirmation for the booked catering services is due.
- From 5 working days before the booked date, it is not possible to cancel free of charge. In that case, 100% of the price stated in the confirmation for the booked catering services is due.
7. The possibility of being able to change the number of participating guests depends on the activity booked. It is at Libéma's discretion whether changes can be made. In principle, the following applies:
- Up to 5 working days before the booked date of the activity and/or catering service, it is possible to adjust the number of guests downwards by up to 5% in writing. The costs will then be adjusted proportionally.
- Additional guests can be booked within 5 working days before the booked date only on request and subject to sufficient availability.
8. If you wish a change in the type of activity agreed, Libéma will check whether this is possible and what additional costs will be charged. You cannot derive any rights from your booking confirmation regarding other, non-agreed activities and/or catering services. These are not agreed until a new booking confirmation is received.
9. If you do not use the booked activities and/or catering services and do not cancel in advance, the full cost will be charged at all times.
10. Tickets purchased for the purpose of an activity and/or catering service for entry to our venues cannot be cancelled.
11. We will provide you with an invoice for the cancellation fee due. The cancellation fee must be paid by you within the payment term stated on the invoice.
12. Libéma has the right to cancel (cancel) the booked activities and/or catering services with immediate effect due to what Libéma considers to be important reasons, including but not limited to measures in the interest of the animals. In this situation, Libéma will refund payments already received, unless the reason for cancellation is due to an act or omission by the booker. Libéma is not liable to pay any compensation for damages and/or costs in such a situation.
Article 6: Cancellation of children's parties
1. Different cancellation conditions apply for children's parties.
2. Up to 48 hours before the start of the children's party, it can be cancelled free of charge (including entrance tickets). Within 48 hours before the start, the full amount is due.
Article 7: Technical Failure
1. Libéma is not liable for any damage you suffer in the event your booking cannot be completed, processed and/or authorised correctly or on time due to a technical failure of any kind. Libéma is not liable to pay any compensation for damages and/or costs in such a situation.
Article 8: Park regulations
1. The agreement to book an activity and/or catering services is subject to the park regulations of the Libéma park in question, in addition to these general terms and conditions for booked activities and catering services. By entering the park, you agree to these park regulations. Libéma reserves the right to change the park regulations.
Article 9: Liability
1. Libéma is not liable for damage, of whatever nature, suffered by you or a third party, in connection with the booked activities and/or catering services, unless there is damage which is a direct consequence of Libéma's failure to fulfil the agreement, or failure to do so on time or properly, and only if there is intent or gross negligence on the part of Libéma. Libéma is never liable for consequential damage.
2. In the event of liability on the part of Libéma, this shall at all times be limited to compensation for direct damage and compensation shall never exceed the amount paid out in the case in question under Libéma's liability insurance, supplemented by the amount of the excess. Libéma is in no case liable for consequential damages such as any loss of profit.
3. The main booker expressly indemnifies Libéma against (damage) claims of third parties.
Article 10: Processing personal data
1. Libéma processes your personal data carefully, complying with the laws and regulations for the protection of personal data. The data provided by you during the booking procedure will be processed by us, inter alia, to fulfil the agreement between you and Libéma and to comply with our legal obligations. Without this personal data, your booking may be delayed or made impossible and your order may be cancelled. The data you provide will be kept for as long as necessary for, among other things, the purpose described above. The processing of personal data is subject to the Privacy Statement of the relevant Libéma park.
2. For payment of your booking, Libéma uses the payment services of Mollie. Mollie is the data controller in this regard. The processing of personal data by Mollie is governed by the privacy statement of Mollie.
3. If you have any questions about the processing of your personal data or wish to view, amend or have these data deleted, a visit to the park, your booking confirmation, about e-tickets, these general terms and conditions and/or the park regulations, please contact the Contact Centre by telephone on 088-9000360 (Monday to Friday from 8:30am to 5:30pm and Saturday from 9am to 5pm), or send an e-mail to info@libemafunfactory.nl.
Article 11: Force Majeure
1. Libéma is not obliged to fulfil its obligations arising from the booking confirmation if it is prevented from doing so as a result of force majeure. Force majeure on the part of Libéma means any circumstance outside Libéma's direct sphere of influence which prevents or hinders the normal performance of the booking confirmation, such as, among others: strike, government measures, the failure of third parties to perform (on time or in full), etc. In such a case, Libéma is not obliged to reimburse damage and/or costs.
Article 12: Conversion
1. If any article or part of an article of these general terms and conditions is destroyed or found to be null and void, the general terms and conditions shall remain intact and applicable for the remainder.
Article 13: Applicable law and choice of forum
1. All agreements, in whatever form, and these general terms and conditions are governed by Dutch law.
2. Unless another court has jurisdiction under mandatory law, only the competent court in the district of Oost - Brabant shall have jurisdiction over disputes between the parties.