General conditions
Article 1 DEFINITIONS
In these general terms and conditions, the following terms are used in the following meanings, unless expressly stated otherwise or the context indicates otherwise: RLLY: The user of these general terms and conditions; Customer: The natural person who has requested an offer from RLLY or requests an activity from RLLY; Participant: A person who participates in an RLLY; Agreement: The agreement between customer and RLLY; RLLY: The activity, itinerary, that is followed; PREMIUM RLLY: The paid RLLYs where larger groups apply, and can be combined with a package. Game materials: All materials provided for participation in the RLLY.
Article 2 OPERATION FEATURE:
2.1 These terms and conditions apply to every agreement entered into by RLLY with the customer and to all offers and quotations made by RLLY;
2.2 These general terms and conditions also apply to all agreements with RLLY for the execution of which third parties need to be involved;
2.3 Any deviations from these general terms and conditions are valid only if agreed in writing or by mail;
2.4 Client shall ensure and represent that these terms and conditions are known and agreed to by all participants of the RLLY;
2.5 If any provision of these Conditions (and/or any further agreed alternative/additional provision) is found to be invalid or is annulled, this shall not affect the validity of the remaining provisions (and any further agreed provision). In such a case, the invalid or nullified provision in these Conditions will be replaced by a provision that corresponds as closely as possible to the intention of the parties.
Article 3 OFFERS AND QUOTATIONS:
3.1 All offers and quotations are entirely non-binding, unless otherwise indicated;
3.2 The customer guarantees the accuracy and completeness of the requirements, specifications and other data provided by or on behalf of the customer to RLLY on which RLLY bases its offer. If the data provided by the customer prove to be incorrect, the additional costs incurred by RLLY as a result will be charged to the customer;
3.3 Apparent errors or mistakes on the website, in brochures, publications and offers of RLLY are not binding on RLLY;
3.4 All images, drawings, information and/or ideas incorporated in an offer, quotation or agreement or attached thereto are solely for use in the context of the order to be made or issued and may not be used by the customer for other purposes or disclosed to third parties. All rights thereto shall remain vested in RLLY. The said documents shall always remain the property of RLLY. RLLY reserves the right to reclaim these documents;
3.5 If RLLY has developed a game for the customer as part of an offer process and the customer rejects RLLY’s offer, the customer is expressly not permitted to use, implement or disclose the developed game in any way whatsoever to third parties. If the customer acts in violation of this clause, the customer must compensate RLLY for all damages RLLY suffers as a result. Damages shall also include loss of sales.
Article 4 CHANGES TO CONDITIONS.
4.1 Only the authorized representative person(s) of RLLY is (are) authorized to include in the agreement clauses, which deviate from these Terms.
Article 5 FUTURE AGREEMENT.
5.1 The agreement is concluded when the customer has signed the offer and returned it to RLLY or when the customer has otherwise agreed to RLLY’s offer.
Article 6 EXECUTION OF AGREEMENT.
6.1 RLLY will endeavor to execute the agreement in a careful manner in accordance with the requirements of good workmanship.
6.2 The client accepts that the time schedule of the work to be performed may be affected if the parties agree in the interim to expand or change the approach, method or scope of the assignment and/or the resulting work.
6.3 RLLY is entitled to engage third parties in the execution of the agreement.
6.4 RLLY has the right to cancel the playing of the game on the agreed execution date if, in its opinion, due to external circumstances, such as, but certainly not limited to, extreme weather conditions or local government measures, the playing of the game is not justified or not possible. In such a case, discussions will be held with the client to agree on a new date for playing the game. Cancellation of the game by RLLY due to external circumstances do not entitle the customer to cancel the agreement free of charge.
Article 7 CANCELLATION
7.1 Cancellation of the agreement must be made in writing;
7.2 In the event of cancellation, the customer will be charged for the cancellation costs, the cancellation costs are: a. if the customer cancels the agreement in which a custom RLLY is made, the costs already incurred will be charged to the customer on an hourly basis; b. in the event of cancellation up to 2 weeks before the execution date, €60 (excluding VAT) administration costs will be charged; c. in the event of cancellation between 2 weeks and 7 days before the execution date: 25% of the quoted amount; d. in the event of cancellation between 7 days and 3 working days before the execution date: 50% of the quoted amount; e. in the event of cancellation on the day of execution or less than 3 working days before the execution date: 100% of the quoted amount;
7.3 These conditions also apply when payment has been made for a package or means of transport;
7.4 Unfavorable weather conditions on the day of the RLLY do not entitle the customer to cancel the activity free of charge, in which case the normal cancellation conditions and costs apply.
Article 8 AMENDMENTS AGREEMENT.
8.1 If during the execution of the agreement it appears that for a proper execution it is necessary to modify or supplement the work to be performed, the parties will timely and by mutual agreement modify the agreement accordingly;
8.2 Any additional costs resulting from the modification of the agreement will be charged to the customer;
8.3 If the modification or supplement to the agreement will have financial and/or qualitative consequences, RLLY will inform the customer in advance.
Article 9 OBLIGATIONS OF THE CUSTOMER.
9.1 The customer is obliged, upon entering into the agreement, to notify RLLY of all personal circumstances of himself and/or those on whose behalf he enters into the agreement, insofar as these may affect the proper conduct of the activity;
9.2 All participants are deemed to have taken out adequate travel and/or accident insurance before the start of the activity, either themselves or through the customer. If RLLY is required to provide this, it must be expressly requested in writing;
9.3 The customer is obliged to comply with all instructions of RLLY or its representative to promote the proper execution of the agreement. The participant who causes such a nuisance or nuisance that as a result the performance of the activity is or may be greatly hindered, who endangers the safety of himself or others or who treats nature and the environment irresponsibly, may be excluded from (further) participation in the activity by RLLY or its representative without any warning. All costs resulting from this shall be borne by the customer;
9.4 The customer is obliged to use the material provided in a manner for which it is intended by its nature. The customer may not modify the material or give it to third parties for use without the express written consent of RLLY. The customer will notify RLLY of any damage or loss of materials as soon as possible, but no later than the end of the activity. The customer will hand over the materials provided to RLLY in the same condition in which the customer received them – at the end of the activity at the pre-arranged place. Any costs for cleaning, replacement, etc. shall be borne by the customer;
9.5 RLLY reserves the right to use photographic or other recording made during the activities for promotional purposes. Objections to this must be made in writing prior to the activity.
9.6 If a participant is under 18 years of age and not accompanied by an adult, the participant must provide RLLY with a statement of no objection from their legal representative(s), or the legal representative(s) must sign the registration form;
9.7 The client is and remains responsible for being in sufficient condition to practice the activity, as well as participating responsibly in the activity;
9.8 For all motorized activities, it is mandatory that the participant has a valid driver’s license for the type of vehicle involved. This driving license must be presented at the first request of RLLY.
Article 10 LIABILITY AND LIABILITY.
10.1 RLLY cannot be held to compensate for any damage, which is a direct or indirect result of: a. an event, which is in fact beyond its control and thus cannot be attributed to its acts and/or omissions; b. any act or omission of the customer, its subordinates, or other persons employed by or on behalf of the customer;
10.2 Under no circumstances will RLLY be liable for damages arising from the playing of the game, such as loss, damage or theft of tangible property;
10.3 RLLY is not liable for damages of any kind due to RLLY’s reliance on incorrect and/or incomplete information provided by the customer;
10.4 RLLY is not liable for any accidents, death, damages or bodily injuries incurred while playing the game or for any penalties imposed on the customer while playing the game. Playing the game is entirely at your own risk. If the customer or a player causes damage to themselves and/or third parties while playing the game, the customer or the player in question is responsible for this. RLLY can never be held liable for this.
10.5 RLLY is not liable for any damage suffered by the customer due to arrest by the police and/or other authorities while playing the game for the customer’s non-compliance or alleged non-compliance with legal regulations. All consequences thereof shall be borne by the customer;
10.6 RLLY is in no way responsible for the behavior of other players;
10.7 Changes in local conditions, such as a change in a traffic situation, may result in the game not being able to be played in its entirety. RLLY cannot be held responsible for this.
10.8 RLLY shall never be liable for indirect damages, including consequential damages, lost profits, missed savings and damage due to business interruption.
10.9 Should RLLY be liable for any damages, RLLY’s liability shall be limited to the amount invoiced to the customer.
10.10 The limitations of liability for direct damage contained in these general terms and conditions do not apply if the damage is due to intent or deliberate recklessness of RLLY or its subordinates.
10.11 All claims against RLLY that have not been submitted to RLLY within 1 year of their arising shall expire by limitation.
Article 11 PLAYING MATERIALS
11.1 During the game, game materials will be provided by RLLY to each team of the game.
11.2 The game materials remain the property of RLLY at all times;
11.3 It is not permitted to make changes to the game materials or to repair the game materials.
11.4 The player may only use the game materials in accordance with the activity;
11.5 If the customer is unable, for whatever reason, to return all the game materials provided to RLLY at the end of the game, the customer shall owe RLLY compensation to be determined by RLLY in the amount of the new value based on the then current selling price of the game materials.
11.6 From the moment the game materials are made available, the customer is liable for damage caused by loss, theft or damage to the game materials.
Article 12 INVOICING AND PAYMENT
12.1 Invoicing shall be done in advance. The term of payment is 14 days. In any case, the invoice amount must be paid 3 days before the start of the game, unless the parties have expressly agreed otherwise;
12.2 If the customer defaults on payment within the payment period, the customer will owe statutory interest from the date the claim is due. In addition, all costs of collection, after the customer is in default, both judicial and extrajudicial, shall be borne by the customer. The extrajudicial costs shall be set at 15% of the principal amount with a minimum of €40;
12.3 In the event of liquidation, bankruptcy, seizure or suspension of payment of the customer, the claims of RLLY on the customer shall be immediately due and payable;
12.4 Every payment made by the customer shall first serve to pay the interest(s) due and then to pay the costs related to collection. Only after these amounts have been paid will any payment by the customer serve to settle the outstanding principal amount;
12.5 RLLY may retain any goods, property rights, data, documents, data files received or generated under the agreement, notwithstanding any existing obligation to surrender, until the customer has paid all amounts due to RLLY;
Article 13 CANCELLATION AND TERMINATION.
13.1 RLLY is authorized to dissolve the agreement if the customer fails to fulfill the obligations under the agreement and in case of bankruptcy or suspension of payments of the customer or his company;
13.2 Furthermore, RLLY is entitled to dissolve or suspend the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the agreement can no longer be reasonably expected;
13.3 If the agreement is dissolved, RLLY’s claims against the customer are immediately due and payable. If RLLY suspends fulfillment of its obligations, it shall retain its claims under the law and the agreement.
Article 14 PRICE
14.1 All prices stated are exclusive of VAT;
14.2 RLLY has the right to adjust its prices from time to time;
14.3 It may be agreed with the customer that the development of the game concept will be invoiced on an hourly basis. The hourly rate will be made known to the customer in advance.
Article 15 NUMBER OF PLAYERS
15.1 The PremiumRLLY can only take place if there are a minimum of 10 players;
15.2 If the customer wishes to change the number of players after the conclusion of the agreement, the customer must submit a request to RLLY in writing. If this request is honored, the customer will be notified in writing and any additional costs of changing the number of players will be made known to the customer. If the request is not honored or if the number of players is less than the number of players initially agreed upon, the total agreed upon amount will remain due.
Article 16 CONFIDENTIALITY
16.1 Both parties are obliged to keep confidential all confidential information they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been communicated by the other party or if it arises from the nature of the information. The party receiving confidential information shall only use it for the purpose for which it was provided;
16.2 If, on the basis of a statutory provision or a judicial decision, RLLY is obliged to disclose confidential information to third parties designated by law or by the competent court, and RLLY cannot in this respect invoke a right to refuse to give evidence, recognized or permitted by law or by the competent court, then RLLY shall not be liable for damages or compensation and the customer shall not be entitled to dissolve the agreement on the basis of any damage resulting from this.
Article 17 APPLICABLE LAW AND DISPUTES
17.1 Any agreement between RLLY and the customer shall be governed by Dutch law.
17.2 All disputes regarding agreements between the customer and RLLY shall be submitted to the competent court in the district where RLLY is located. The customer being a consumer has the option within 1 month after RLLY has invoked this article in writing to choose the court with jurisdiction according to the law.
