GENERAL TERMS AND CONDITIONS
Article 1 Definitions
Unless expressly stated otherwise, the following words and terms shall have the meanings ascribed to them in this Article.
1.1 Offer(s): any offer by 4PM Sports B.V. to enter into an Agreement;
1.2 Cancellation: the notice given in written form by the Customer to 4PM Sports B.V. 24 hours prior to the Service purchased that one or more agreed Services will not be used in whole or in part, or the notice given in written form by 4PM Sports B.V. to the Customer that one or more agreed Services will not be provided in whole or in part;
1.3 Consumer-customer(s): (a) natural person(s) not acting in the exercise of a profession or business who has/have concluded an Agreement with 4PM Sports B.V;
1.4 Services: the services to be provided by 4PM Sports B.V. are divided into the following groups and may be purchased separately or in combination as a package and consist of:
a. catering services: the provision of food and/or beverages and/or accommodation, as well as the provision of (hall) space and grounds; and/or
b. wellness services: wellness facilities, indoor and outdoor saunas, swimming pools, including whirlpools, spring baths, steam rooms; and/or
c. the rental of padel courts (sold separately or through a 10-ride card) and equipment.
d. Padel services; a service aimed at physical and/or mental activity including but not limited to lessons.
Other services: all other services offered by 4PM Sports B.V. that are not covered under sub a. through d. above.
1.5 Service Agreement: agreement between 4PM Sports B.V. and a Customer that relates to the provision of one or more Services;
1.6 Invoice Value: the total amount owed by Customer to 4PM Sports B.V. under one or more Agreements, as well as under (a) Service(s) performed under an Agreement, if and insofar as applicable, plus any other amounts owed by Customer pursuant to these General Terms and Conditions;
1.7 Holidays: holidays generally recognized in the Netherlands;
1.8 Guest(s): the natural person(s) to whom one or more Services are to be provided by 4PM Sports B.V. under an Agreement concluded with the Customer. Wherever these Terms and Conditions refer to Guest or Customer, both Guest and Customer are meant, unless it necessarily follows from the content of the provision and its purport that only one of the two can be meant;
1.9 Goods means all goods, including monies, monetary values and monetary instruments;
1.10 Customer(s): Consumer Customer(s) and Business Customer(s) jointly;
1.11 Purchase Agreement: any agreement entered into between 4PM Sports B.V. and Customer regarding the sale and delivery of Products by 4PM Sports B.V., any amendment or addition thereto, as well as all (legal) acts in preparation and execution of that Purchase Agreement;
1.12 No-Show: the non-use by a Customer and/or Guest, without Cancellation, of one or more Services to be provided under an Agreement by 4PM Sports B.V.] Services to be provided;
1.13 Agreement(s) means Service Agreement(s) and/or Purchase Agreement(s);
1.14 Products: all products, such as – but not exclusively – Padel products, offered for sale by 4PM Sports B.V. in its shop(s);
1.16 Provision of Services: the provision by 4PM Sports B.V. of Services, all with all associated work and services, and all in the broadest sense of the word;
1.17 Business Customer(s): legal person(s) or partnership(s) that has/have entered into an Agreement with 4PM Sports B.V.
1.18 10-ride card: a 10-ride card entitles you to rent a court 10 times. The 10-ride card is valid for a period of 12 months starting on the day of purchase. If not all ten rides are tracked within the validity period, the Customer is not entitled to a refund for the unused rides.
1.19 Article titles are for reference only. No rights can be derived from it.
1.20 In these General Terms and Conditions, references to legal provisions are references to legal provisions as they read at the time of adoption of these General Terms and Conditions.
1.21 In these Terms and Conditions, where the context requires, the singular shall include the plural and vice versa.
1.22 With the exception of any legal rights to cancel, payments for classes, casual sales and 10-ride tickets will not be refundable and are not transferable to others.
Article 2 APPLICABILITY OF GENERAL TERMS AND CONDITIONS
2.1 These General Terms and Conditions apply to all Offers and Agreements, as well as to all commitments and Services arising therefrom and building upon them.
2.2 If the General Terms and Conditions have been applicable to any Agreement, they shall automatically – without the need for further separate agreement between the relevant parties – apply to any subsequent Agreement concluded between the parties, unless otherwise expressly agreed in writing between the parties in respect of the relevant Agreement.
2.3 The applicability to any Agreement of general or specific terms used by Customer is expressly rejected by 4PM Sports B.V. unless and after said terms have been expressly declared in writing by 4PM Sports B.V. to apply to an Agreement. Acceptance in this manner of the applicability of conditions of the Customer to an Agreement shall in no case entail the tacit applicability of such conditions to any subsequently concluded Agreement.
2.4 Deviations from these General Terms and Conditions are only valid if they have been expressly confirmed in writing to the Customer by 4PM Sports B.V. on a case-by-case basis.
2.5 These General Terms and Conditions also extend to all natural persons, legal persons and companies that 4PM Sports B.V. uses or has used in entering into and/or performing an Agreement and performing the Services, or in general in the context of operating 4PM Sports B.V.
2.6 In the event of nullity or nullification by the Customer of one or more provisions of the General Terms and Conditions, the remaining provisions of the General Terms and Conditions shall continue to apply in full to the Agreement. The parties will consult to replace an invalid or annulled provision of the General Terms and Conditions by a provision that is valid or non-annullable and as close as possible to the purpose and purport of the invalid or annulled provision.
2.7 To the extent that an Agreement deviates from one or more provisions of the General Conditions, the provisions of the Agreement shall prevail. The other provisions of the General Terms and Conditions shall in that case continue to apply to the Agreement in full.
2.8 If translations of these General Terms and Conditions have been issued, the version in the Dutch language shall prevail over the version(s) in any other language.
2.9 The house rules of 4PM Sports B.V. also apply to each Service. These form an integral part of these General Terms and Conditions. 4PM Sports B.V. will hang or affix or deposit the house rules for the Customers and/or Guests for their perusal in a clearly observable place, or hand the house rules in writing to the Customers and/or Guests. Customers and/or Guests are required to comply with the house rules.
2.10 The 4PM Sports Family of Companies includes The Padellers Exploitatie B.V., Padel Bookingtool B.V. and The Padelstore Exploitatie B.V.
Article 3 RESERVATIONS AND FUTURE OF SERVICES AGREEMENTS
3.1 If a Customer and/or Guest wishes to use one or more Service(s), this Service(s) must be reserved in a timely manner in writing, by telephone or electronically (online) via the 4PM Sports B.V. website. For the reserved Service(s), at the discretion of 4PM Sports B.V., a full or partial prepayment may be required. Such advance payment shall be made in accordance with the provisions of Article 4 of these General Conditions (Settlement and Payment).
3.2 Agreements come into effect at the moment that 4PM Sports B.V., or an intermediary on behalf of 4PM Sports B.V., has confirmed a booking/reservation of the Customer in writing, or if 4PM Sports B.V. executes the Customer’s booking/reservation. Furthermore, an Agreement is established by Customer’s acceptance of an Offer. Changes, additions and/or extensions to an Agreement shall be binding only if expressly agreed in writing. The Agreement supersedes and replaces all prior proposals, correspondence, agreements or other communications between the parties that occurred prior to entering into the Agreement, however they may differ from or conflict with the Agreement. Promises by and agreements with subordinates or representatives of 4PM Sports B.V. only bind 4PM Sports B.V. to Customer if and insofar as these promises and/or agreements have been ratified or confirmed in writing to Customer by 4PM Sports B.V.
3.3 Within twenty-four (24) hours of an (online) booking, the Customer will receive an e-mail with a booking confirmation and a link to the General Terms and Conditions of 4PM Sports B.V., or an intermediary on behalf of 4PM Sports B.V. which booking confirmation serves as proof of the booking. The Customer is obliged to check the booking confirmation and immediately inform 4PM Sports B.V. in writing of any error regarding the booking/reservation, failing which execution of the booking will take place as shown in the booking confirmation. All booking(s), whether online or otherwise, are valid only after being confirmed by 4PM Sports B.V., or an intermediary on behalf of 4PM Sports B.V., by e-mail. The Business Customer can make changes to the group size as stated in the reservation confirmation up to one week before the start time of the Service(s) reserved by the Business Customer. If the number of persons at the effective time of the Service(s) reserved by the Business Customer is less than specified one week before, the cost of the number of persons less than specified one week before will be charged in full to the Business Customer.
3.4 All Offers made by 4PM Sports B.V. regarding the conclusion of Agreements and the performance of the Services are without obligation and on the basis of “as long as stock (or capacity) lasts” and may be revoked by 4PM Sports B.V. at any time, even if they contain a deadline for acceptance. If 4PM Sports B.V. appeals to said reservation within a reasonable period to be determined according to the circumstances after acceptance by Customer, the intended Agreement will be deemed not to have come into being and 4PM Sports B.V. and Customer and/or Guest will undo actions that have been carried out in the meantime in connection with the execution of the Agreement, whereby 4PM Sports B.V. and Customer and/or Guest will mutually provide each other with all reasonably necessary cooperation.
3.5 All images, descriptions, measurements and other information provided by 4PM Sports B.V.] are not binding for 4PM Sports B.V. and are only intended to give a general representation of the quality of the Services offered by4PM Sports B.V. 4PM Sports B.V. accepts no liability for erroneous pictures, erroneous descriptions, erroneous size and weight specifications and other erroneous information.
3.6 All Offers are made by 4PM Sports B.V. directly or indirectly to the best of its knowledge and care. However, 4PM Sports B.V. does not guarantee that no deviations will occur in this regard.
3.7 In principle, options are not granted. If an option is granted, it can only be in writing. Options are granted with a predetermined expiration date. An option that is not converted into an actual reservation by the Customer no later than the expiration date, or an option that the Customer has previously indicated in writing not to use, will be deemed to have lapsed without notice being required by 4PM Sports B.V..
3.8 Agreements entered into for or on behalf of Customers by intermediaries, whether or not in the name of their relation(s), shall be deemed to have been entered into also for the account and risk of these intermediaries. 4PM Sports B.V. does not owe any commission or commission, by whatever name, to intermediaries unless expressly agreed otherwise in writing. Customers and intermediaries are jointly and severally liable for payment of the amount due. Full or partial payment of the amount due by the Customer to 4PM Sports B.V. will release the intermediary to the same extent.
3.9 4PM Sports B.V. may refuse to enter into an Agreement at any time for any reason whatsoever, except if such refusal is made purely on one or more of the grounds specified in Article 429 quater of the Penal Code (discrimination). 4PM Sports B.V. has the right to refuse Customers and/or Guests access to the Venue and/or Restaurant Establishment as well as the provision of Services, if in its estimation normal/orderly business operations require this.
Article 4 ACCOUNTING AND PAYMENT
4.1 The Customer and/or Guest must pay the price specified in the Agreement, which is valid at the time the Service(s) is/are provided, including the prices stated on lists displayed by 4PM Sports B.V. in a place visible to Customers and/or Guests, or which are included in a list handed to Customers and/or Guests, if necessary upon request. A list is deemed to be visibly affixed for Customers and/or Guests if it is visible in publicly accessible areas of 4PM Sports B.V. and/or published on the website.
4.2 For additional services, including but not limited to the use of checkroom, garage/parking, safe, wifi, 4PM Sports B.V. may charge an additional fee.
4.3 All bills, including bills relating to cancellation or No-Show, are payable by the Client and/or Guest at the time they are presented to them.
4.4 As long as Customers and/or Guests have not fully and properly fulfilled all their obligations to 4PM Sports B.V., 4PM Sports B.V. is entitled to take possession of and keep all Goods brought into4PM Sports B.V. by Customers and/or Guests, until Customers and/or Guests have fully and properly fulfilled all their obligations to 4PM Sports B.V. to 4PM Sports B.V.’s satisfaction.
4.5 If a method of payment other than direct payment has been agreed, either in cash or by debit card, and either in advance or upon arrival, invoices, regardless of the amount, must be paid to 4PM Sports B.V. by the Customer and/or Guest within fourteen (14) days of the invoice date. If an invoice is sent or forwarded, 4PM Sports B.V. is authorized at all times to charge the Customer and/or Guest a credit limitation surcharge of two percent (2%) of the Invoice Value, which surcharge will expire if the Customer pays the invoice in a timely and complete manner.
4.6 If and to the extent that timely and full payment is not made, the Business Customer shall be in default without any notice of default being required. The Consumer-Customer will be in default after it has been warned in writing and given a period of fourteen (14) days to still pay the claim of 4PM Sports B.V., giving notice of the consequences in the event of failure to pay on time and in full after a reminder.
4.7 If the Customer and/or Guest are in default, they must reimburse 4PM Sports B.V. for all (extra)judicial costs incurred on the part of 4PM Sports B.V. in collecting the amounts owed by them. Extrajudicial collection costs shall be calculated in accordance with what the law provides in this regard.
4.8 In addition, if the Business Customer is in default, he shall be liable for interest in the amount of two percent (2%) above the legal interest rate payable. A portion of a month shall be counted as a whole month when calculating interest due.
4.9 4PM Sports B.V. has a lien on Goods brought by Customers and/or Guests as security for payment of any claims against Customers and/or Guests in respect of Catering Services, whether or not supplemented by other Services. If 4PM Sports B.V. has Goods in its possession and the Customer and/or Guest from whom 4PM Sports B.V. has received the Goods in its possession is in default for three (3) months, [***] deems itself free to no longer keep these Goods.
4.10 Each payment made by the Customer and/or Guest shall, regardless of any endorsement or comment made by the Customer and/or Guest at the time of such payment, be deemed to be against the debt owed by the Customer and/or Guest to [***] in the following order: a. costs of foreclosure; b. judicial and extrajudicial collection costs; c. interest; d. the damage; e. the principal amount.
4.11 Unless expressly agreed otherwise, payment shall be made in euros.
4.12 Without prejudice to provisions of mandatory law, the Customer and/or Guest is not entitled to suspend and/or set off its payment obligations to 4PM Sports B.V. against payment obligations of 4PM Sports B.V. to the Customer and/or Guest.
4.13 4PM Sports B.V. is entitled to set off all claims on the Customer and/or Guest against any debt that 4PM Sports B.V. may have to the Customer and/or Guest, or to (legal) persons affiliated with the Customer and/or Guest.
4.14 4PM Sports B.V., based on its assessment of the Customer’s creditworthiness, is entitled at all times to require security or full or partial payment in advance for the fulfillment of due and non-due payment obligations. If and as long as the Customer fails to provide the required security or full or partial payment in advance, 4PM Sports B.V. is authorized to suspend its obligation to deliver.
4.15 Complaints of any kind regarding the performance by 4PM Sports B.V. of an Agreement do not suspend the payment obligation of the Customer and/or Guest and can only be brought to the attention of 4PM Sports B.V. in writing.
4.16 4PM Sports B.V. has no obligation whatsoever with respect to a claim submitted if the Customer and/or Guest has not fulfilled all of its obligations to 4PM Sports B.V. (both financial and otherwise) in a timely and complete manner.
4.17 A claim regarding a Service delivered by 4PM Sports B.V. cannot affect Services previously delivered or to be delivered, even if these Services to be delivered have been or will be performed in performance of the same Agreement.
Article 5 CANCELLATION BY THE CUSTOMER
5.1 When Customers cancel a reservation, this must be done no later than 24 hours before the Service begins. The Customer cannot derive any rights from a verbal Cancellation. Upon cancellation, credits will be added to the personal booking account equal to the value of the booking amount.
5.2 In the event of a No-Show, the Customer is in all cases obliged to pay the Invoice Value of the agreed Service(s).
5.3 Amounts already owed by 4PM Sports B.V. to third parties in connection with the Agreement or Services to be performed pursuant to the Agreement as a result of a Cancellation by the Customer must be reimbursed in full to 4PM Sports B.V. by the Customer at all times.
5.4 When a reservation has been made, the following applies to Cancellations:
a. In the event of a Cancellation more than twenty-four (24) hours before the start time of the Service(s) reserved by the Customer, no amount shall be due. Any prepaid fees will be refunded less an administration fee
b. in the event of a Cancellation less than twenty-four (24) hours before the start time of the Service(s) reserved by the Customer, the full Invoice Value shall be due.
Article 6 DELIVERY OF PRODUCTS AND RISK TRANSFER
6.1 Delivery of the Products shall take place at the place agreed upon by the parties.
6.2 The delivery terms stated by 4PM Sports B.V. are indicative and should never be considered deadlines. In case of late delivery, 4PM Sports B.V. must be notified in writing by the Customer and/or Guest no later than within two (2) working days. The Customer and/or Guest will in that case have to grant 4PM Sports B.V. a reasonable period of time to still fulfill its obligations. Exceeding the agreed delivery time shall in no case entitle to compensation.
6.3 If delivery of the Products ordered by the Customer and/or Guest is not possible because the Product is not available, the Customer and/or Guest will be informed by 4PM Sports B.V. as soon as possible. Within thirty days of such notification, 4PM Sports B.V. will refund to the Customer and/or Guest the amount paid by the Customer and/or Guest.
6.4 In the event the Products are not taken delivery of by Customers and/or Guests, 4PM Sports B.V. is entitled to store the Products in question entirely at the expense and risk of the Customer and/or Guest.
6.5 At the time the Customer and/or Guest takes delivery of the Products, the risk of damage and/or loss of the Products shall pass to the Customer and/or Guest.
Article 7 INSPECTION AND COMPLAINT FOR PRODUCTS
7.1 The Customer and/or Guest is obliged to check the Products for any shortcomings and/or damage immediately after delivery. Any shortcomings and/or damages must be brought to the attention of 4PM Sports B.V. in writing by the Customer and/or Guest within two working days of delivery, failing which 4PM Sports B.V. will be entitled not to consider any complaints in this regard.
7.2 In any case, the Customer and/or Guest can no longer assert any claims if the notification to 4PM Sports B.V. takes place later than two working days after the moment the Customer and/or Guest could reasonably have discovered any shortcomings and/or damages.
7.3 Return of the Products to 4PM Sports B.V. can only take place after prior written consent by 4PM Sports B.V. In the event of return, the Products must be in their original condition and in the original packaging.
7.4 The costs of return shall be borne by the Customer and/or Guest.
7.5 If the complaint is deemed well-founded by 4PM Sports B.V.,4PM Sports B.V. has the option, without being obliged to pay any further compensation, to either replace the Products in question or issue a credit note for the Products up to the invoice value.
7.6 The presence of a shortcoming and/or damage as referred to in this article shall not entitle the Customer and/or Guest to suspend payment obligations.
Article 8 WARRANTIES ON PRODUCTS.
8.1 Unless otherwise agreed in writing, 4PM Sports B.V. does not guarantee any properties other than those included in its descriptions and specifications.
8.2 If 4PM Sports B.V. delivers Products to Customer and/or Guest that 4PM Sports B.V. has obtained from its suppliers, 4PM Sports B.V. will never be held to any further guarantee or liability towards Customer and/or Guest than what 4PM Sports B.V. can claim towards its suppliers.
Article 9 LIABILITY AND LIMITATION OF LIABILITY
9.1 Consumer-Customers: 4PM Sports B.V. is liable for damage suffered by the Customer and/or Guest that is the result of a failure to fulfill the Agreement attributable to 4PM Sports B.V.. However, only those damages for which 4PM Sports B.V. is insured, or reasonably should have been insured – given the nature of 4PM Sports B.V.’s business and the market in which it operates – will be eligible for compensation, and only up to the amount paid out by the insurer in such cases.
Not eligible for reimbursement:
a. property damage, such as – but not limited to – trading loss, consequential damage, delay damage and lost profits;
b. damage caused by acts or omissions of Customer and/or Guest or third parties contrary to instructions provided by 4PM Sports B.V. or the manufacturer and/or supplier of the Products c.q. in violation of the Agreement and/or the Terms and Conditions;
c. damage as a direct result of incorrect, incomplete and/or faulty information provided to 4PM Sports B.V. by or on behalf of the Customer and/or Guest.
9.2 Business Customers: The parties exclude any form of liability that 4PM Sports B.V. has to Customer and/or Guest. If reasonableness and fairness dictate otherwise, only those damages for which 4PM Sports B.V. is insured, or reasonably should have been insured – given the nature of 4PM Sports B.V.’s business and the market in which it operates – and only up to the amount paid out by the insurer in such cases, will be eligible for compensation.
9.3 If:
a. it is not possible for 4PM Sports B.V., at the time of entering into the Agreement, to obtain insurance or to renew insurance thereafter on reasonable terms;
b. the insurer does not pay the relevant claim;
c. the damage in question is not covered by insurance;
compensation for damages is limited to three times the amount agreed by 4PM Sports B.V. for the Agreement (excluding VAT) with the Customer and/or Guest with a maximum of € 1,000 (one thousand euros).
9.4 The Customer and/or Guest indemnifies 4PM Sports B.V. against all claims by third parties for damage occurring through or in connection with Services and/or Products delivered by 4PM Sports B.V., insofar as 4PM Sports B.V. would not be liable to the Customer and/or Guest for such damage either.
9.5 Notwithstanding the above, 4PM Sports B.V. is not liable for damage or loss of Goods, brought by a Guest and/or Customer. The Business Customer shall indemnify 4PM Sports B.V. against claims by Guests in this regard. This does not apply insofar as the damage or loss is due to intent or gross negligence of 4PM Sports B.V.
9.6 If 4PM Sports B.V. takes Goods from Customers and/or Guests into receipt and/or custody or if Goods are deposited, kept and/or left behind in any way, anywhere and by whomever, without 4PM Sports B.V. stipulating any compensation for this, 4PM Sports B.V. will never be liable for damage to or in connection with those Goods in any way whatsoever, except if and insofar as the damage is the direct result of intent or gross negligence on the part of 4PM Sports B.V..
9.7 For damage to or with vehicles of Customers and/or Guests, 4PM Sports B.V. will never be liable, except if and insofar as the damage is the direct result of intent or gross negligence by 4PM Sports B.V.
9.8 Customers and/or Guests are liable to 4PM Sports B.V. for all direct and indirect damage that has and/or will occur to 4PM Sports B.V. and/or any third party engaged by or on behalf of 4PM Sports B.V. in the performance of the Services as a direct or indirect result of an attributable shortcoming (default) and/or wrongful act towards 4PM Sports B.V, which includes violation of the house rules, committed by the Customer and/or Guest and/or those accompanying him/her, as well as for all damage caused by any animal and/or any substance and/or any item in their possession or under their supervision. The Customer and/or Guest must make their own arrangements for adequate insurance that covers possible damages that may arise from or as a result of the use of the Services, such as health insurance with additional coverage and liability insurance for damages caused by the user to a third party. 4PM Sports B.V. is not liable for any damage the user and/or a third party may suffer by or as a result of the use of location and/or participation in an activity. This exoneration of liability applies not only to minor damages, but also expressly to serious damages such as all possible damages resulting from serious injury or death.
9.9 As already cited, the Customer and/or Guest itself must be adequately insured against the risk of material and immaterial damage that it or a related person may suffer as a result of its death, injury or illness caused by its use of the venue.
9.10 The Client and/or Guest acknowledges that participation requires good health in both mental and physical sense, and declares that they meet this requirement and that they have adequately prepared through training and otherwise for the activity(s) in which they are participating. [***] is not liable for the occurrence of injuries. Customer and/or Guest play at their own risk.
9.11 Damage to or property of [4PM Sports B.V., inflicted by a Customer and/or Guest or partly caused by a user, will be recovered from the Customer in whole or in part.
9.12 When used by more than one person at the same time, the Customer is jointly and severally liable for all Guests.
9.13 The Customer and/or Guest shall take all measures to prevent damage to the Leased Premises or nuisance to any co-users of the Leased Premises. This requires observing a number of rules of conduct, including prohibition of:
– smoking and/or consuming in places not apparently designated for that purpose;
– Entering playing floors with street footwear or with footwear that does not meet the requirements specific to the particular playing floor;
– Using devices or materials without the required authority.
9.14 In case of disorderly use by the Customer and/or Guest of the Service, 4PM Sports B.V. has the right to deny the Customer and/or Guest access to the Rented Property, without refund of the Invoice Value paid.
9.15 In the event of defects or damage to the rented object, Customer and/or Guest is obliged to immediately notify the service personnel of 4PM Sports B.V. or Lessor. Customer and/or Guest will bear the costs of repairing any damage caused to the rented property, which damage is the fault of Customer, its Guests and/or visitors, whether due to negligence, neglect, inadequate supervision or otherwise, all at the discretion of 4PM Sports B.V.
Article 10 FORCE MAJEURE
10.1 As force majeure for 4PM Sports B.V. that makes any shortcoming caused by it 4PM Sports B.V. cannot be held accountable, will apply any foreseen or unforeseen, foreseeable or unforeseeable circumstance that interferes with the performance of the Agreement by 4PM Sports B.V. to such an extent that the performance of the Agreement becomes impossible or difficult, at the discretion of 4PM Sports B.V.
10.2 Force majeure as referred to in article 10.1 shall include in any case – therefore not exclusively – a failure due to (a) problems at and/or serious disruptions to the production process at suppliers, including utilities, (b) failure of third parties to provide necessary materials, (c) intent or gross negligence of auxiliary persons, (d) work strike, (e) excessive absenteeism of staff, (f) fire, (g) Special weather conditions (such as flooding), (h) Government measures (both domestic and international), including import and export bans and import and export barriers, (i) War, mobilization, riot, insurrection, martial law, (j) sabotage, (k) transportation delays, (l) machine breakdown and/or (m) transport delay (n) Pandemic/epidemic including government regulations to combat a pandemic/epidemic (o) weather conditions that make the course unplayable (at the discretion of the 4PM Sports B.V.
10.3 In the event of force majeure, 4PM Sports B.V. has the option either to suspend performance of the Agreement until the force majeure situation has ceased to exist, or to dissolve the Agreement, in whole or in part, whether or not after initially opting for suspension. In either case, the Customer and/or Guest shall not be entitled to any damages. If the period in which fulfillment of the obligations by 4PM Sports B.V. is impossible due to the force majeure lasts longer than thirty (30) days, the Customer and/or Guest will also be authorized to dissolve the Agreement in part (for the future), on the understanding that 4PM Sports B.V. will be entitled to send an invoice for the Services already performed. In case of partial dissolution, there is no obligation to compensate for damages (if any).
10.4 If 4PM Sports B.V. has already partially fulfilled its obligations when the force majeure occurs or can only partially fulfill its obligations, it will be entitled to invoice that portion separately and the Customer and/or Guest will be required to pay this invoice as if it were a separate Agreement.
Article 11 FOUND GOODS
11.1 Goods lost or left behind in the building and appurtenances of 4PM Sports B.V., which are found by a Customer and/or Guest, must be returned by them to 4PM Sports B.V. with due haste.
11.2 Of Goods, of which the rightful claimant has not reported to [4PM Sports B.V.] within sixty (60) days of their submission, 4PM Sports B.V. acquires ownership.
11.3 If 4PM Sports B.V. sends Goods left behind by the Customer and/or Guest to them, this will take place entirely at the expense and risk of the Customer and/or Guest. 4PM Sports B.V. is never obliged to send.
Article 12 INTELLECTUAL AND INDUSTRIAL PROPERTY
12.1 All (intellectual and industrial) property rights, including but not limited to copyrights and database rights, to all Goods and/or the results of Services including but not limited to copy, models, drawings, designs, documentation, photographic recordings, films, information carriers, equipment and software (in object and source code), data and data files, molds and dies, which are the subject of and/or result from and/or have been used in the fulfillment of the obligations under the Agreement between 4PM Sports B.V. and the Customer and/or Guest are vested in 4PM Sports B.V.
12.2 4PM Sports B.V. reserves the right to make image and/or sound recordings (or have them made) and to reproduce and/or publish these recordings (or have them made) in any form and in any way for advertising purposes. The Customer declares his willingness and agreement with this and hereby waives the right to oppose the use of his/her portrait in the context of publication and reproduction of said recordings. Customers and/or other persons appearing in the recordings are not entitled to any compensation.
Article 13 PROCESSING OF PERSONAL DATA
13.1 If 4PM Sports B.V. processes or allows personal data (as referred to in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “AVG”)) to be processed, 4PM Sports B.V. will comply with the applicable laws and regulations, including but not limited to the AVG, with respect to the processing of such data. 4PM Sports B.V. will in that case be considered the Processing Controller as referred to in the AVG.
13.2 4PM Sports B.V. will not use personal data for any purpose other than the performance of the Agreement and will not process more personal data than is strictly necessary for that purpose. 4PM Sports B.V. takes appropriate technical and organizational measures as referred to in the AVG, page 19 of 20.
13.3 4PM Sports B.V. fulfills its own obligations and provides assistance to the Customer and/or Guest to fulfill its obligations under the AVG. This includes in any case the rights of the Customer and/or Guest (a data subject as referred to in the AVG), including but not limited to the right of inspection and the right to data erasure.
13.4 A possible breach of the obligations arising from this Article 20 and the AVG will be immediately reported by 4PM Sports B.V. to the Customer and/or Guest. 4PM Sports B.V. will maintain a processing log that will track all potential breaches.
13.5 For more information, please refer to the privacy statement.
Article 14 TERMINATION
14.1 In the event that the Customer and/or Guest fails to fulfill any or all of its obligations under the Agreement, the Customer and/or Guest will be in default by operation of law and 4PM Sports B.V. the right, without further notice of default and without judicial intervention, to unilaterally dissolve the Agreement in whole or in part by means of a written notification to the Customer and/or Guest and/or to suspend its obligations under the Agreement, without 4PM Sports B.V. being liable for any compensation and without prejudice to any rights to which 4PM Sports B.V. is entitled, including the right to full compensation. All claims that 4PM Sports B.V. may have or acquire against the Customer and/or Guest in these cases will be immediately due and payable in full.
14.2 In the event of bankruptcy, suspension of payments, shutdown, liquidation/death or takeover or any similar condition of (the business of) the Customer and/or Guest or if the Business Customer ceases its business or if the Dutch Natural Persons Debt Rescheduling Act (WSNP) becomes applicable to the Consumer Customer or if a substantial part of the assets of the Customer and/or Guest are seized or if the Customer and/or Guest must no longer be deemed capable of fulfilling the obligations under the Agreement, the Customer and/or Guest will be in default by operation of law and 4PM Sports B.V. has the right to unilaterally dissolve all or part of the Agreement without further notice of default and without judicial intervention by means of a written notification, without 4PM Sports B.V. being liable for any compensation and without prejudice to its further rights, including the right of 4PM Sports B.V. to full compensation.
Article 15 FINAL PROVISIONS AND EXPIRITIONS
15.1 4PM Sports B.V. is authorized at all times to make changes to these General Terms and Conditions. Amendments take effect at the time of entry into force announced via the website www.thepadellers.nl an. 4PM Sports B.V. will provide Customers and/or Guests with the amended General Terms and Conditions in a timely manner. If no time of entry into force has been communicated, changes towards Customers and/or Guests will take effect as soon as the change has been communicated to them.
15.2 The invalidity of one or more of the clauses in these General Conditions shall not affect the validity of all other clauses. Should a clause in these General Terms and Conditions prove to be invalid for any reason, the parties shall be deemed to have agreed on a valid replacement clause that approaches the invalid clause as closely as possible in scope and purport.
15.3 A failure by a party to an Agreement to exercise or delay exercising a right under an Agreement shall not constitute a waiver of such right unless otherwise provided in the General Terms and Conditions or the Agreement. A single or partial exercise of a right under any Agreement by a party shall not preclude any other or further exercise of that right or any other rights, unless otherwise provided in the Terms and Conditions or the Agreement.
15.4 Notifications to 4PM Sports B.V. in connection with an Agreement and/or the provision of Services and/or the sale and delivery of Products must be in writing.
15.5 Without prejudice to provisions of mandatory law, legal claims and other powers of the Customer and/or Guest, for whatever reason, towards 4PM Sports B.V. in connection with Services provided and/or Products delivered will expire twelve (12) months after the date on which the Customer and/or Guest became aware or could reasonably have become aware of the existence of these rights and powers, but for that reason no written claim has been filed with 4PM Sports B.V. before the expiration of this term.
15.6 Without prejudice to provisions of mandatory law, any legal claim a written claim by the Customer and/or Guest lodged with 4PM Sports B.V. in connection with Services provided and/or Products delivered by it will lapse if 4PM Sports B.V. has not been taken to court within a period of twelve (12) months after receiving the written claim in question.
Article 16 APPLICABLE LAW AND DISPUTES
16.1 These General Conditions are governed by Dutch law.
16.2 All disputes of whatever nature – including those regarded as such by only one of the parties – that may arise between 4PM Sports B.V. and the Customer and/or Guest may arise, will be adjudicated by the District Court of Noord-Holland, location Amsterdam, to the exclusion of the competence of any other authority, unless a Consumer-Client chooses for the dispute to be adjudicated by the court with jurisdiction under the law within one month after 4PM Sports B.V. has invoked this clause in writing towards the Customer and/or Guest.