Article 1: General
1. De Buitenjan Exploitatie B.V. is located at Turfweg 9, in Veldhoven (5504 RL) and is registered with the Chamber of Commerce under number 17128695, hereinafter referred to as 'Klimrijk De Buitenjan' or the 'Park'.
2. These general terms and conditions form an inseparable part of and apply to all offers and agreements of Klimrijk De Buitenjan relating to the sale or purchase of (electronic)
(e-)tickets for access to Klimrijk De Buitenjan and the (group) activities offered at or from the Park.
3. In these general terms and conditions, a distinction is made between individual (e-)tickets and group (e-)tickets. The terms used have the following meanings:
a. Individual (e-)ticket: an individual (e-)ticket for entry to the Park or individually booked activity on date purchased at regular rate, without purchase of catering services;
b. Group (e-)tickets: an (e-)ticket purchased at a group rate for entry to the Park and possibly an activity, for a group of at least 20 people, possibly including catering services. Or e-tickets purchased at the regular rate for admission for a minimum of 8 people, including catering services.
4. Klimrijk De Buitenjan reserves the right to change these terms and conditions. By placing an order you accept the offer of Klimrijk De Buitenjan.
1. By completing the booking procedure on the Klimrijk De Buitenjan website fully and correctly, the agreement to purchase an e-ticket for access to the Park and possibly to book an activity (whether or not including catering service) will come into being between the booker and Klimrijk De Buitenjan. In the case of a booking request by telephone or a request by e-mail, the agreement comes into effect after receipt of the written, by which is meant by e-mail, booking confirmation sent by or on behalf of Klimrijk De Buitenjan.
2. The applicable payment method follows from the booking confirmation or the online booking process. Klimrijk De Buitenjan uses various payment options, including Visa, Mastercard, iDEAL and bancontact. Depending on what has been booked, one or more of the following payment methods apply, at the discretion of Klimrijk de Buitenjan.
- On-site payment on the day the activity and/or catering service is performed;
- Online directly upon booking;
- By invoice where payment must be made within the payment period stated on the invoice;
- Post-calculation basis
3. Each booking confirmation has a unique booking number (or barcode) and a validity date and time. Outside this date and time, the booking is not valid. On 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. Klimrijk De Buitenjan uses the payment environment of Ingenico Financial Solutions SA-NV (hereinafter Ingenico) for the sale and payment of the activities it offers.
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 an employee of Klimrijk De Buitenjan, the booking confirmation must be shown.
2. If, in the opinion of Klimrijk De Buitenjan, the booking confirmation is not legible, it does not entitle you to access to the Park and/or the activity booked. In such a situation Klimrijk De Buitenjan is not liable for any compensation for damage and/or costs.
1. You are responsible for filling in and/or transmitting the data correctly and completely when booking the (e-)ticket(s) and/or desired activity and/or catering service. Providing incorrect or
incomplete data may result in the desired booking confirmation not being sent. In such a situation, Klimrijk De Buitenjan is not liable for any compensation for damage and/or costs.
Individual (e-)ticket
1. The agreement to purchase an individual (e-)ticket on date cannot be dissolved by you. Tickets on date will not be taken back or rescheduled by Klimrijk De Buitenjan, will not be exchanged for cash and will not be replaced by another entry ticket.
Group (e) ticket excluding children's parties
2. If you unexpectedly wish to terminate the booked group (e-)tickets and/or the catering service prematurely by giving notice ("cancellation"), you will owe a cancellation fee. The amount of this cancellation fee is described in paragraphs 6 and 7 of this article and depends on the period between the moment the cancellation reaches Klimrijk De Buitenjan and the start of the booked activity and/or catering service.
3. If you only cancel part of your booking, the compensation stipulated in paragraph 6, and paragraph 7 of this article applies proportionally to the cancelled parts, unless partial cancellation takes you below the limit of the minimum number of persons, as stipulated in article 1 paragraph 3 sub b. If that is the case, no (partial) cancellation is possible.
4. Cancellation must be made in writing, by which is meant by e-mail. The date of receipt of the cancellation by Klimrijk De Buitenjan will determine the cancellation fee due.
5. Cancellation of group (e-)tickets is subject to a fee for admission to the Park and any booked activity and a fee for additional booked catering services.
6. The cancellation fee for group (e-)tickets) is as follows and only covers (e-)tickets for entry to the Park and any booked activities and does not cover catering services purchased:
- If cancellation takes place more than 10 working days before booked date, no fee will be charged.
- If cancellation occurs within 10 to 5 working days before the booked date, 10% of the price stated in the booking confirmation for the entrance tickets and any activity will be charged.
- If cancellation occurs within 5 working days before the booked date, 50% of the price stated in the booking confirmation for the entrance tickets and any activity will be charged.
- If cancellation occurs within 48 hours before the booked date, 100% of the price stated in the booking confirmation for the entrance tickets and any activity will be charged.
7. 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 working days up to 6 working days before the booked date, 50% of the price stated in the booking 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 booking confirmation for the booked catering services is due.
8. If you wish to change the type of activity agreed, Klimrijk De Buitenjan 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 entrance tickets, activities and/or catering services. These are only agreed upon after receipt of a new booking confirmation incorporating the changes.
9. If you do not use the booked entry tickets, activities and/or catering services and do not cancel in advance, the full cost will be charged at all times.
10. We will provide you with an invoice for the cancellation fee due. The cancellation fee must be paid within the payment term stated on the invoice.
1. Different cancellation conditions apply for children's parties.
2. A children's party means a private person booking (e-)tickets for access to Klimrijk De Buitenjan and possibly an activity and/or catering services for a group of at least 6 children aged up to 16 years.
3. Up to 5 working days before the start of the children's party, it can be cancelled, rescheduled or the number of persons changed (up to a minimum of 6 persons) free of charge (including entrance tickets and any catering services). Within 5 working days, changes are no longer possible and the full amount is due.
1. Klimrijk De Buitenjan 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. Klimrijk De Buitenjan is not liable for any compensation for damage and/or costs in such a situation.
1. The agreement to purchase an (e-)ticket to enter the Park and possibly the booking of an activity and/or catering services is subject to the park regulations of Klimrijk De Buitenjan in addition to these general terms and conditions. By entering the Park you declare that you agree to these park regulations. Klimrijk De Buitenjan reserves the right to change the park regulations.
1. Klimrijk De Buitenjan is not liable for any damage, of whatever nature, which you or a third party suffers in connection with the booked (e-)tickets and/or activities and/or catering services, unless there is damage which is a direct consequence of Klimrijk De Buitenjan not, not timely or not properly fulfilling the agreement and only if there is intent or gross negligence on the part of Klimrijk De Buitenjan.
2. In the event of liability on the part of Klimrijk De Buitenjan, this will at all times be limited to compensation for direct damage and compensation will never exceed the amount paid out in the case in question under Klimrijk De Buitenjan's liability insurance, supplemented by the amount of the excess. Klimrijk De Buitenjan is never liable for consequential damage.
3. The main booker explicitly indemnifies Klimrijk De Buitenjan against (damage) claims by third parties. Third parties also include co-participants for whom you booked the (e-)tickets as the main booker.
1. Klimrijk De Buitenjan processes your personal data with care and complies with the laws and regulations for the protection of personal data. The details provided by you when booking are processed by us, among other things, to fulfil the agreement between you and Klimrijk De Buitenjan and to comply with our legal obligations. Without these personal details 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 the purpose described above. The processing of personal data is subject to the privacy statement of Klimrijk De Buitenjan.
2. Klimrijk De Buitenjan uses the services of Ingenico to pay for your booking. Ingenico is the data controller in this respect. The processing of personal data by Ingenico is subject to Ingenico's privacy statement.
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, these general terms and conditions and/or the Park Regulations, you can 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.
1. Klimrijk De Buitenjan 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. By force majeure on the part of Klimrijk De Buitenjan is meant any circumstance beyond the direct control of Klimrijk De Buitenjan which prevents or hinders normal performance of the booking confirmation, such as: strike, government measures, failure of third parties to perform (on time or in full), etc. In such cases, Klimrijk De Buitenjan is not obliged to compensate for damage and/or costs.
2. Bad weather does not qualify as force majeure. In case of bad weather, activities can in principle continue as usual. Only when this is unsafe in the opinion of Klimrijk De Buitenjan will you be contacted and no cancellation conditions apply. If you are already in the Park at that time, the activity will be stopped temporarily and resumed as soon as the situation is safe again. Klimrijk De Buitenjan is not liable for damages and/or costs in case of bad weather.
Version July 2024