GENERAL TERMS AND CONDITIONS GAMESIDE

These General Terms and Conditions mainly consist of (1) the Terms of Sale, (2) the regulations for users of the Service (the “Regulations”) and (3) Miscellaneous. The General Terms and Conditions are available on the website https://gamesidegent.be/ (the “Website”).

The provisions of each section apply overarching.

The General Terms and Conditions may be modified by Gameside at any time. The General Terms and Conditions in force at the time of the Purchase shall apply. These General Terms and Conditions apply to all agreements between, on the one hand, Game-Fabriek BV with registered office at Dok Noord 13 bus 0114, 9000 Ghent and with company number BE.1036.439.555 (hereinafter: “Gameside”) and, on the other hand, the customer, generally the counterparty of Gameside (hereinafter: “the customer”). Any order, purchase or agreement implies the acknowledgement and acceptance of the General Terms and Conditions by the customer, regardless of whether the purchase takes place online via the Website, or physically at the reception desk or bar of Gameside. The general terms and conditions are available on the website in various languages based on the customer's preference. If any ambiguity exists in the general terms and conditions due to translation, the Dutch version will always be used as the primary version.

Any conflicting terms and conditions of the customer cannot in any way, not even implicitly, apply to the contractual relationship between the parties.

1. TERMS OF SALE

Article 1.1: The Service

The products and services offered by Gameside and, following purchase by the customer, to be delivered (the “Service”), as well as the applicable price (the “Price”), are described on the Website. Only the information available on the most recent version of the Website, to the exclusion of information on older versions of the Website or on other websites or places, is valid. The description of the Service and the Price on the Website is always expressly subject to clerical errors or material mistakes. Gameside reserves the right to change the Price at any time and without prior notice. The price displayed on the Website at the time of the Purchase shall apply to the Purchase.

Gameside will make best efforts to provide the Service. Gameside reserves the right to adjust the content of the Service at any time and without prior notice, without this giving rise to any right for the customer to compensation or a refund of a purchased Ticket.

Article 1.2: Purchase of the Service

Unless expressly provided otherwise, an admission ticket for the Service (“Ticket”) can exclusively be purchased online, on the Website and/or on the website of commercial partners.

The various steps to proceed with the purchase of a Ticket, as well as the available payment methods, are described on the Website (and, where applicable, the relevant website(s) of partners). The agreement is considered concluded as soon as Gameside has received confirmation from the payment institution that the payment has been accepted (the “Purchase”). Since the payment module is managed by a third party, no information regarding the payment is transmitted to Gameside, which disclaims all liability with respect 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 Gameside. If no period is specified, the quotation is without obligation. Upon acceptance of the quotation by the customer, the agreement is concluded and the customer is bound to make payment in accordance with the payment terms (see article 1.8). Modification of the quotation is possible as provided in article 1.5. 

Article 1.4: No right of withdrawal

In accordance with Article VI. 53 12° of the Belgian Code of Economic Law, the customer does not have the right to withdraw from their purchase.

Article 1.5: Modification of Ticket

Tickets or vouchers are personal and cannot be taken back or refunded and may not be transferred or resold. The customer may, at the latest one week before the date of the provision of the service, convert their ticket into a voucher to the value of the purchase price of the Ticket or change the date of their ticket if there are still places available. The voucher, or credit note, is valid for one year and can only be used for the purchase of a new Ticket. The new tickets obtained with the voucher can no longer be changed or exchanged.

Article 1.6: Gift vouchers or discount vouchers (codes)

The customer can purchase a gift voucher as a gift. The rules applicable to tickets and vouchers also apply to gift vouchers and discount vouchers, subject to special conditions stated on the voucher or gift voucher. However, gift vouchers cannot be combined with other promotions. Discount vouchers can likewise not be combined.

Article 1.7: Force Majeure

If Gameside is temporarily unable to properly execute the agreement or service due to force majeure, it shall have the right to suspend the agreement for the duration of the force majeure situation. In the case of temporary force majeure, Gameside's obligation is limited to offering the customer a voucher valid for one year.

In case of force majeure, Gameside shall not owe any compensation to the customer. Force majeure events include, but are not limited to: strike, protest action, act of terrorism, lockdown, fire, pandemic, epidemic, power outage, failure in IT and/or software infrastructure, restrictions imposed by the government or by the city, shortcomings or acts of subcontractors, suppliers or third parties in general.

Article 1.8: Payment terms

The customer must pay the invoices no later than the due date indicated on the invoices or 48 hours before the time of the service provision, whichever expires first.

In the absence of payment 48 hours before the time of the service provision, Gameside has the right to cancel the service provision and to offer a voucher to the customer after receipt of payment. The customer's payment obligation remains in force in any case.

In the event of default of payment of the invoices on the due date due to failure by the customer, the amount shall be increased by 15% of the amount due with a minimum of €25 as fixed indemnity, as well as with interest at an interest rate of 12% on the principal sum due, without prejudice to the right to compensation for the actual loss suffered. 

In case of non-payment on the agreed due date, or in case of a serious breach by the customer of their contractual obligations, Gameside has the right by operation of law and without prior notice of default to dissolve the agreement or cancel the provision of services.

Article 1.9: Sale of tickets at reception or at another physical location 

If the Customer makes a purchase at a physical Gameside location or Gameside event location, the Customer expressly agrees to the general terms and conditions of Gameside, and all articles described herein also remain valid for physically purchased tickets.

2. REGULATIONS FOR USERS OF THE SERVICE

Article 2.1: Acceptance of the Regulations

The Regulations apply to anyone entering the Location and to anyone using the Service (the “User”). The regulations also cover all house rules and rules for specific activities within Gameside. These can be consulted on the website and are clearly available at the Gameside location.

By the mere use of the Service, the User unreservedly accepts the application of the Regulations and acknowledges having taken note thereof. The regulations are indeed made available to every user in every location. Prior to using the service, the user must agree to the regulations. Agreement may be given explicitly, implicitly, orally or in writing.

Article 2.2: Compliance with the Regulations

In order to ensure compliance with these Regulations, the staff of Gameside has the right to refuse a User access to the Service, as well as to the location where the Service is provided (the “Location”), and to take all reasonable, and where appropriate preventive, measures.

Each User shall follow the (safety) instructions given to them, in particular regarding obtaining access to the Service and/or the Location and regarding the use of the equipment and props made available. 

If these Regulations are not complied with, Gameside staff may order any User who violates the Regulations to leave the Location and may refuse the provision of the Service, without this giving rise to any compensation or refund of the User's Ticket.

Gameside disclaims any liability in case of damage resulting from non-compliance with the provisions of the Regulations. 

Article 2.3: Access to the Service

A minimum age applies to the use of the Service. Unless expressly derogated from, this is set at 8 years. Gameside may request proof of the User's age at any time. Users who do not meet the minimum age will not be admitted to the Service, without this giving rise to any compensation or refund of the User's Ticket.

Children under the age of 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 the child may be requested at any time. Users may be required to identify themselves at all times. If a child under the age of 18 is left behind at Gameside, Gameside shall have the right to inform the appropriate authorities, with all resulting costs borne by the legal guardian of this child. In addition, Gameside will charge €75/hour per child to deploy its own staff for the safety of the child. This sum must be paid immediately by the parent who subsequently collects the child. At no time does Gameside bear responsibility for a child that is left behind.

The Ticket is valid, and provides access to the Service described on the Ticket, exclusively on the date, start time and end time stated on the Ticket.

The method(s) in which the Ticket can be used and validated is (are) described on the Website. Tickets that do not comply with these rules will not be accepted (and this will not give rise to any compensation or refund of the Ticket).

Special terms and restrictions regarding the validity and enforceability of the Ticket may be described on the Website or on the Ticket (and, where applicable, the relevant website(s) of partners) and will apply in addition to, and where applicable in derogation from, the provisions of these Terms of Sale.

Gameside disclaims all liability in the event of unlawful use of a Ticket resulting from loss or theft.

The User shall be present at the Location at least 15 minutes before the start time stated on the Ticket. If the User does not arrive in time, the provision of the Service cannot be guaranteed, without this 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, equipment and props made available at the Location, with due care and diligence.

The User shall not be under the influence of alcohol, soft or hard drugs. The User shall use the Service with respect for other Users. The User shall at all times follow all reasonable instructions of Gameside staff.

Article 2.5: Liability

The User enters the Location and uses the Service at their own risk. 

Gameside disclaims all liability in the event of incompatibility between the Service and the medical condition of the User. Users who use the Service contrary to their health condition (pregnant women, persons recently hospitalised, asthma patients, epileptics, etc.) do so at their own risk. 

The use of the service by a minor takes place at the minor's own risk on the one hand, and at the risk of the parents or the responsible accompanying adult (hereinafter: responsible person) on the other hand, who are responsible for supervising the minor and ensuring the minor's compliance with the regulations. Gameside excludes all liability resulting from the use by minors of the equipment made available by Gameside. It is the parent's or responsible person's own decision and assessment to allow the minor to use the service. 

Only the User, and/or where applicable their parent or responsible person, is liable for any damage caused by their act or omission to persons or property, and shall indemnify and hold Gameside harmless against any third-party claims. By using the service, the user and/or where applicable their parent or responsible person accepts the potential risks associated with the service. Gameside is not liable for loss, theft or damage to items on and around the Location. If lockers are made available to Users, their use is under the User's own responsibility and at their own risk, and Gameside is not liable for disappearances, loss, theft or damage to items. Lost property is kept for one week, after which it is disposed of.

In case of loss, theft, or damage to the equipment used by the User while using the Service, compensation will be claimed by Gameside from the User in each case on the basis of a repair quotation, purchase quotation for new equipment and any hourly cost that must be performed by employees of Gameside or suppliers of Gameside to compensate for the loss or damage suffered. This compensation is payable immediately by the User.

In the event of soiling a room within Gameside in a manner that may be disruptive to staff or visitors of Gameside, assistance with cleaning up may be requested from the person responsible for this (or their adult supervisor). If necessary, access may also be (temporarily) refused to one or more activities for the persons involved to ensure that all customers can resume the activity as soon as possible. Damage suffered as a result of this type of soiling can be fully recovered from the responsible User.

If a Customer must temporarily interrupt their activity due to the reason described above or due to any other reason beyond the control of Gameside, Gameside will, where possible, offer the option to resume the remaining duration of the activity as soon as possible on the same day. Under no circumstances can customers acquire a right to a refund or other forms of compensation in these circumstances.

In all cases, Gameside's obligation to pay damages, on whatever legal ground, is limited to the damage against which Gameside is insured under an insurance policy taken out by it. The damages shall therefore never exceed the amount paid out by the insurance company.

If, notwithstanding the provisions of these General Terms and Conditions, Gameside should for any reason whatsoever be held liable for damage suffered by the customer that is not covered by insurance, Gameside's liability shall be limited to repairing foreseeable, direct and personal bodily injury suffered by the User, to the exclusion of all indirect damage such as, but not limited to, business loss, loss of income or profit, loss of customers or contracts, loss or damage to goods.

Article 2.6: Photography and filming

Taking photographs and filming for private use is permitted, unless indicated otherwise at the entrance. We ask you to respect other visitors and employees of Gameside in doing so and to always obtain their explicit consent if they are captured on camera. The use of flash and/or tripods is not permitted. Publication of visual and/or audio material is prohibited, unless the management of ID- has granted prior written consent. It is possible that you, as a visitor, may be filmed or photographed. Gameside always reserves the right to use this material for publication, promotion and marketing, safety and training, in the event of disputes, or for other purposes. You have the right to state your preferences in accordance with our Privacy Policy.

Article 2.7: CCTV surveillance

Game-Fabriek, operating under the name Gameside, uses CCTV surveillance at its locations as part of our commitment to safety and security. The primary objectives are to ensure the safety of employees, customers and property, as well as to prevent unauthorised activities. 

CCTV surveillance may lead to the processing of personal data, including video and audio recordings. This data will be handled in accordance with the General Data Protection Regulation (GDPR).

Customers are informed of the use of CCTV surveillance via clearly visible notices at strategic locations on the premises concerned.

3. MISCELLANEOUS

Article 3.1: Complaints and liability

Any complaint that the customer may have against Gameside must be submitted in writing within a reasonable period. Late complaints are no longer acceptable. 48 hours after the provision of the service or after the occurrence of the complaint is taken as the baseline for the reasonable period.

Any claims for damages must be submitted in writing to Gameside within a reasonable period. A late notification of damage is no longer acceptable. 72 hours after the occurrence of the damage is taken as a reasonable period.

Any legal claims of the customer against Gameside must be brought before the court, on pain of forfeiture, no later than one year after timely notification of the complaint or damage by the customer to Gameside.

The above-mentioned mandatory periods are agreed upon and accepted by the parties to avoid evidentiary issues and to allow Gameside to investigate the complaint or damage in a timely manner and take the necessary measures. If Gameside's rights are compromised due to late notification by the customer, any complaint or damage claim will in any case be rejected.

Article 3.2: Severability clause

If one of the articles or part of the general terms and conditions should contain a ground for nullity, the declaration of invalidity shall be limited to that article and the article shall be amended by the parties by mutual agreement or the article must be redefined taking into account the intention of the parties as well as the purpose and scope of the breached rule.

Article 3.3: Forum selection clause and applicable law

Any dispute between the parties shall be governed by Belgian law and the courts of Antwerp, Antwerp division, shall have exclusive jurisdiction.

Article 3.4: Purchase of subscription(s)

The purchase of a subscription via direct debit can only be terminated by registered letter and at the latest one month before the end of the term of the subscription. Otherwise, the direct debit and the subscription will be tacitly renewed for the same period and with the same termination option.

Article 3.5: Invoices

When drawing up an invoice for an amount less than 50 euros, an administrative fee of €5 will be charged. Any dispute of the invoice must be sent by registered letter within eight days of receipt. This dispute must be detailed and substantiated.

All invoices must be paid within eight days of the invoice date into one of the bank accounts mentioned. This applies regardless of the payment terms that the customer applies for their own company. For each reminder sent, an additional administrative fee of 10 euros will be charged, and 20 euros for a registered reminder. Partial payments will first be allocated to the compensation due and accrued default interest.