General terms and conditions of activities and hospitality services.
1. These general terms and conditions are an inseparable part of and apply to all offers and agreements relating to 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., hereafter to be 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 hospitality.
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. By fully and correctly completing the booking procedure on the Libéma park website, the agreement to book an activity and/or catering service between you and Libéma comes into effect immediately. In the case of a booking request by telephone or e-mail, the agreement is concluded upon receipt of Libéma's written, including e-mail, booking confirmation.
2. The applicable payment method follows from the booking confirmation. Libéma uses various payment methods, including Visa, Mastercard, iDEAL and bancontact. Depending on the activity and/or hospitality 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 hospitality service is performed.
- Online directly upon booking
- By invoice where payment must be made within the payment period stated on the invoice
- Subsequently on an after-the-fact basis
3. Each booking confirmation has a unique booking number and a validity date and time. Beyond this date and time, the booking is not valid. When the validity date and time stated on the booking confirmation expires, the claim for any unused parts of a booking expires. Booking confirmations are not extended.
4. Resale, use for commercial purposes and/or counterfeiting of a booking confirmation is not permitted.
5. Libéma uses the payment services of Mollie B.V. ("Mollie") for the sale and payment of the activities it offers. Mollie processes the online payment for Libéma.
Article 3: Access with booking confirmation
1. A booking confirmation must be printed in good quality on paper (color or black and white) or displayed legibly on the screen of a cell phone or tablet. At the request of a Libéma employee, 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 to the park and/or the activity you have booked. Libéma is not liable for 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 information may result in the booking confirmation you desire not being sent. Libéma is not liable for any compensation for damages and/or costs in such a situation.
Article 5: Cancellation - modification
1. In the unlikely event that you wish to terminate the booked activity and/or hospitality service prematurely 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 hospitality service, the compensation stipulated in paragraph 5, paragraph 6 and paragraph 7 of this article shall apply proportionately to the cancelled parts.
3. Cancellation of the activity and/or catering service booked by you 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 (say: twenty euros), no cancellation can be made 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 occurring 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 business days to 48 hours before the date booked, 50% of the price stated in the confirmation for the activities booked 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 hospitality services is as follows:
- Up to 10 working days before the booked date, it is possible to cancel booked catering services in whole or in part free of charge.
- From 10 to 6 business days prior to the date booked, 50% of the price stated in the confirmation for the hospitality services booked 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 mentioned in the confirmation for the booked catering services will be due.
7. The possibility of the number of participating guests to be able to make changes 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 downward by up to 5% in writing. The cost will then be adjusted pro rata.
- The addition of additional guests within 5 business days before the booked date can only be made upon request and with sufficient availability.
8. If you wish a change in the type of activity agreed upon, Libéma will check whether this is possible and what additional costs will be charged. You cannot derive any rights from your booking confirmation with regard to other, non-agreed activities and/or catering services. These are only agreed upon after receipt of a new booking confirmation.
9. If you do not use the activities and/or hospitality services booked and do not cancel in advance, you will be charged the full cost at all times.
10. Entry tickets purchased for the purpose of an activity and/or catering service for access 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 in its opinion are 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 in such a situation not obliged to any compensation for damages and/or costs.
Article 6: Cancellation of children's parties
1. Different cancellation policies apply to 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 the damage you suffer in the event that your booking cannot be completed, processed and/or authorized correctly or on time due to a technical failure of any kind. Libéma is not liable for any compensation for damages and/or costs in such a situation.
Article 8: Park regulations.
1. To the agreement to book an activity and/or catering services, in addition to these General terms and conditions booked activities and catering services, the Park regulations of the Libéma park in question apply. By entering the Park, you declare that you agree to these Park regulations. Libéma reserves the right to change Park regulations.
Article 9: Liability
1. Libéma is not liable for damages, of any nature whatsoever, suffered by you or a third party, in connection with the booked activities and/or catering services, unless there is damage directly resulting from Libéma's failure to fulfill the contract, or failure to fulfill it on time or properly, and only if there is intent or gross negligence on the part of Libéma. Libéma is never liable for consequential damages.
2. In the event of liability on the part of Libéma, such liability shall at all times be limited to compensation for direct damages 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 deductible. Libéma is in no case liable for consequential damages such as possible loss of profit.
3. The main booker expressly indemnifies Libéma for (damage) claims of third parties.
Article 10: Processing personal data
1. Libéma will process 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 execute 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 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 Libéma park in question.
2. For the payment of your booking, Libéma uses the payment services of Mollie. Mollie is the controller in this respect. The processing of personal data by Mollie is subject to the privacy statement of Libéma. Mollie applicable.
3. If you have any questions about the processing of your personal data or wish to view, amend or have this data deleted, a visit to the park, your booking confirmation, about e-tickets, these general terms and conditions and/or Park regulations, please contact the Contact Center by telephone on 088-9000360 (Monday to Friday from 8:30 - 17:30 and Saturday from 9:00 - 17:00), or send an e-mail to info@libemafunfactory.nl.
Article 11: Force Majeure
1. Libéma is not obliged to fulfill 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 that prevents or hinders the normal performance of the booking confirmation, such as, inter alia: strike, government measures, the failure of third parties to perform (on time or in full), etc. Libéma is in such case not obliged to compensate for damages 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 void, the General Terms and Conditions shall remain in force 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.