General terms and conditions
GENERAL TERMS AND CONDITIONS
These terms and conditions consist primarily of (i) the Terms of Sale, (ii) the Rules for Service Users (the “Rules“) and (iii) varia. The terms and conditions are available on the website www.stixn.com (the “website“). The provisions of each section apply overarchingly.
The terms and conditions may be amended by Locked BV at any time. The general terms and conditions in effect at the time of purchase will apply. These general terms and conditions apply to all agreements between, on the one hand, Locked BV with registered office at 3020 Herent, Brusselsesteenweg 406 and with company number BE0642.848.001 (hereinafter: “Stixn”) and, on the other hand, the customer, generally the other party of Stixn (hereinafter: “the customer”). Any order, purchase or agreement signifies the knowledge and acceptance of the terms and conditions by the customer.
Any contrary terms and conditions of the customer cannot in any way, even tacitly, apply to the contractual relationship between the parties.
- SALES CONDITIONS
Article 1.1: The Service.
The products and services offered by Stixn and, after purchase by the customer, will be provided (the “Service”), as well as the applicable price (the “Price”), are described on the website. Only the information available on the most current version of the website, excluding information on older versions of the website or on other websites or sites, is valid. The description of service and price on the website is always expressly subject to clerical errors or material mistakes.
Stixn reserves the right to change the price at any time and without notice. The price posted on the website at the time of purchase will apply to the purchase.
Stixn will use its best efforts to provide the service. Stixn reserves the right to modify the content of the service at any time and without notice, without giving rise to any right for the customer to compensation or refund of any ticket purchased.
Article 1.2: Purchase of the Service.
Unless otherwise expressly provided, an access ticket for the Service (“ticket”) can only be purchased online, on the website and/or on the website of commercial partners. The different steps to proceed to the purchase of a ticket, as well as the payment methods available, are described on the website (and, if applicable, the relevant partner website(s)). The agreement is considered closed once Stixn has received confirmation from the payment institution that payment has been accepted (the “purchase”). Since the payment module is managed by a third party, no information related to the payment is transmitted to Stixn, which disclaims any liability related to the online payment process.
For tickets purchased from a commercial partner, the purchaser may be bound by additional terms and conditions of the partner.
Article 1.3: Quotation
All quotations remain valid for the period specified by Stixn. If no deadline is specified, the quotation is without obligation.
After acceptance of the offer by the customer, the contract is concluded and the customer is obliged to pay in accordance with the terms of payment. (see article 1.8)
Modification of the offer is possible as provided in Article 1.5.
Article 1.4: No right of withdrawal
In accordance with Article VI. 53 12° of the Code of Economic Law, the customer does not have the right to abandon his purchase.
Article 1.5: Modification or cancellation.
Tickets or vouchers are personal and cannot be returned or refunded and may not be transferred or resold. The customer can cancel his ticket free of charge until no later than one week before the date of service delivery or change the date of his ticket if there are still available seats. Within 7 to 3 days before the service delivery date, a 50% administration and/or cancellation fee will be charged. For 2 days or less before the service delivery date or no-show, the full price will be charged.
Article 1.6: Gift certificates or discount coupons (codes)
The customer can purchase a gift certificate as a gift. The rules applicable to tickets and vouchers also apply to gift certificates and discount vouchers, subject to special conditions stated on the voucher or gift certificate.
However, gift certificates cannot be cumulated with other promotions. Discount coupons cannot be cumulated with other promotions either.
Article 1.7: Force majeure
If Stixn is temporarily unable to properly perform the agreement or service due to force majeure, it will have the right to suspend the agreement for the duration of the force majeure situation.
In case of temporary force majeure, Stixn’s obligation is limited to offering the customer a voucher that will be valid for one year.
Stixn will not owe any compensation to the customer in the event of force majeure. Cases of force majeure include: strike, protest action, act of terror, lockdown, fire, pandemic, epidemic, power outage, breakdown in IT and/or Software infrastructure, restrictions imposed by the government or by the city, failures or actions of subcontractors, suppliers or third parties in general.
Article 1.8: Terms of payment
The customer must pay the invoices no later than the due date indicated on the invoices.
In any case, the customer’s obligation to pay remains valid.
In default of payment of the invoices on the due date, due to default of the customer, the amount shall be increased by 15% of the amount due with a minimum of 25 € as compensation as well as interest at a rate of 12% on the principal amount due, without prejudice to the right to compensation of the actual loss suffered.
In case of non-payment by the agreed due date, or in case of serious breach by the customer of its contractual obligations, Stixn shall have the right by operation of law to rescind the agreement or cancel the services without notice.
- REGULATIONS FOR SERVICE USERS
Article 2.1: Acceptance of the Regulations.
The Regulations apply to anyone who accesses the site and to anyone who uses the service (the “User“).
By the mere use of the service, the user accepts unreservedly the application of the regulations and acknowledges having taken cognizance of them. Indeed, the regulations are made available to each user in each establishment. Before using the service, the user must agree to the regulations. The agreement may be explicit, implied, oral or written.
Article 2.2: Compliance with the Regulations.
In order to enforce these regulations, Stixn staff has the right to deny a user access to the service, as well as the location where the service is provided (the “Location“), and to take all reasonable, and if necessary, preventive measures.
Each user shall follow the (safety) instructions given to him, in particular with regard to gaining access to the service and/or the location and with regard to the use of the devices and attributes provided.
Failure to comply with these regulations, Stixn staff may order any user who violates the regulations to leave the location and refuse to provide the service, without any compensation or refund of the user’s ticket.
Stixn disclaims any liability in case of damages resulting from the failure to comply with the provisions of the regulations.
Article 2.3: Access to the service
There is a minimum age requirement for using the service. Except for express deviation, it is set at 8 years for laser shooting & gellyball, 12 years for the other activities. Stixn may request proof of the user’s age at any time. Users who do not meet the minimum age requirement will not be admitted to the service, without the possibility of any compensation or refund of the user’s ticket.
Children under 18 must be accompanied by an adult user or person and remain under the full responsibility of the latter. Proof of the age of the responsible person or child may be requested at any time. Users may be required to provide identification at all times.
The ticket is valid, and gives access to the service described on the ticket, only on the date, starting time and ending time indicated on the ticket.
The method(s) of using and validating the ticket will be described on the website. Tickets that do not comply with these rules will not be accepted (and such will not give rise to any reimbursement or refund of the ticket).
Special conditions and limitations regarding the validity and exercisability of the ticket may be described on the website or on the ticket (and, if applicable, the relevant partner website(s)) and will apply in addition to, and, if applicable, in derogation of, the provisions of these Terms of Sale.
Stixn disclaims any liability in case of the unlawful use of a ticket due to loss or theft.
The user will be present at the venue no later than 15 minutes before the start time stated on the ticket. If the user does not arrive on time, the delivery of the service cannot be guaranteed, without giving rise to any right to compensation or refund for the user.
Article 2.4: Use of the service
The user shall use the service, as well as the facilities, devices and attributes provided at the location, with due diligence.
The user will not be under the influence of alcohol, soft and hard drug substances. The user will use the service with respect for other users. User shall at all times follow all reasonable directives from Stixn staff.
Article 2.5: Liability
Users enter the site and use the service at their own risk.
Stixn disclaims any liability in case of incompatibility between the service and the user’s medical condition. Users who use the service contrary to their health conditions (pregnant women, people recently hospitalized, asthmatics, epileptics, etc.) do so at their own risk.
The use by a minor of the service is done at the minor’s own risk, on the one hand, and the parents or responsible accompanying adult (hereinafter: responsible), on the other hand, who are responsible for supervising the minor and the minor’s compliance with the regulations. Stixn excludes any liability resulting from the use by minors of the devices provided by Stixn. It is the parent or responsible person’s own decision and appreciation to allow the minor to use the service.
Only the user, and/or, as the case may be, his parent or responsible party, is liable for any damage caused by his actions or omissions to persons or property, and shall indemnify and hold Stixn harmless against any third party claims. By using the service, the user and/or, if applicable, the user’s parent or responsible party accepts the potential risks associated with the service.
Stixn is not liable for loss, theft or damage to objects on and around the venue. Should lockers be made available to users, their use is at the user’s own responsibility and risk and Stixn is not liable for disappearances, loss, theft or damage to objects. Lost items are kept for one week, after which they are discarded.
In case of loss, theft, or damage to the equipment used by the user in taking the service, the following flat fees will be charged to the user:
- HP Reverb G2: € 800
- Oculus Rift: €250
- HP Backpack: €2,500
- VR Striker: €2,700
- Laser vest: €1,500
- Part of escaperoom: €100
- Gellygun: € 120
- Gelly mask: €30
- Axe & bow: €50
The user acknowledges that these amounts are reasonable and consistent with the value of the material. In all cases, Stixn’s obligation to indemnify on any legal basis whatsoever shall be limited to the damages for which Stixn is insured under any insurance policy it has taken out. Therefore, the compensation will never exceed the amount paid by the insurance. If, despite the provisions of these Terms and Conditions, Stixn should, for any reason, be held liable for a loss suffered by the customer, which is not covered by insurance, Stixn’s liability shall be limited to repairing foreseeable, direct and personal physical damage suffered by the user, excluding all indirect damages such as, but not limited to, loss of business, loss of income or profit, loss of customers or contracts, loss or damage to goods.
Article 3.1: Complaints and claims.
Any complaint the customer might have regarding Stixn must be made in writing within a reasonable period of time. Late complaints are no longer acceptable. The starting point for the reasonable period is 5 days after the delivery of the service or the occurrence of the complaint. Any claims for damages must be made in writing to Stixn within a reasonable time. Late notification of damage is no longer acceptable. The reasonable period is taken to be 10 days after the damage occurs.
Any legal claims by the customer against Stixn must be brought against Stixn under penalty of lapse no later than one year after timely complaint or damage notification by the customer to Stixn.
The above mandatory time limits are agreed and accepted by the parties to avoid an issue of proof and to allow Stixn to investigate the complaint or damage in a timely manner and take the necessary action. If late notification by the customer compromises Stixn’s rights, any complaint or claim for damages will be rejected in any case.
Article 3.2: Severability clause
If one of the articles or part of the general conditions would constitute a ground of nullity, the annulment shall be limited to that article and the article shall be modified by mutual agreement of the parties or the article shall be redefined taking into account the intention of the parties as well as the purpose and scope of the violated rule.
Article 3.3: Forum clause and choice of law
Any dispute between the parties shall be governed by Belgian law and the courts of Leuven shall have exclusive jurisdiction.