Article 1. Definitions

1.1 Breakout Bandits: Breakout Bandits, a sole proprietorship established in Berkel en Rodenrijs, at Leeweg 32, registered with the Chamber of Commerce under number 84049863.
1.2 Client: the legal entity or natural person who wishes to purchase one or more Games from Breakout Bandits.
1.3 Personalized Games: the following games offered by Breakout Bandits: Capture The Flag, Capture The Flag XL – The Roadtrip Edition, and Paparazzi On The Run, as further described on the Breakout Bandits website.
1.4 Adventures: fully customized events tailored by Breakout Bandits for the Client, including but not limited to the ‘surprise road trips’ described on the Breakout Bandits website.
1.5 Games: Personalized Games and Adventures collectively.
1.6 Consumer: a natural person who does not act in the exercise of a profession or business.

Article 2. Applicability

2.1 These general terms and conditions apply to all offers, quotations, and agreements between Breakout Bandits and the Client.
2.2 The Client accepts that these general terms and conditions apply and that any general terms and conditions used by the Client are not applicable, unless explicitly agreed otherwise.
2.3 If one or more provisions of these general terms and conditions are found to be wholly or partially void or annulled at any time, the remaining provisions of the general terms and conditions will remain fully applicable.

Article 3. Prices and Quotations

3.1 The price of Personalized Games will be displayed during the ordering process on the Breakout Bandits website or provided to the Client through a quotation from Breakout Bandits.
3.2 For Adventures, an initial intake meeting will take place with the Client, after which a quotation will be provided by Breakout Bandits.
3.3 The quotations provided by Breakout Bandits are without obligation and expire 14 days after the date of their issuance, unless otherwise stated in writing.
3.4 The quotations of Breakout Bandits are based on the information provided by the Client. If it appears after the issuance of the quotation that the information provided by the Client was incomplete, incorrect, or has since changed, Breakout Bandits is entitled to adjust the quotation accordingly.
3.5 Breakout Bandits cannot be held to any quotations provided if the Client can reasonably understand that the quotation, or a part thereof, contains an obvious error or mistake.
3.6 All prices mentioned by Breakout Bandits are exclusive of VAT, unless explicitly stated otherwise.

Article 4. Formation of the Agreement

4.1 An agreement is formed when the Client has completed the ordering process of a Personalized Game or has accepted the quotation from Breakout Bandits as described in Article 3.

Article 5. Invoicing and Payment

5.1 After the agreement is concluded, the Client will receive an invoice from Breakout Bandits.
5.2 The total invoice amount must be paid by the Client before the Game is played, unless the Client is a Consumer, in which case the Client has the option to pay the invoice within 14 days after the Game has taken place.
5.3 If the Game takes place earlier than 14 days after the invoice date, payment must be made no later than 3 days before the Game is played, unless the Client is a Consumer.
5.4 If the payment term is exceeded, Breakout Bandits will send the Client a written reminder and allow the Client a period of 14 days to meet their payment obligations. If payment still remains outstanding after this 14-day period, the Client will owe statutory interest on the outstanding amount. Breakout Bandits is also entitled to charge the Client for any extrajudicial collection costs incurred.
5.5 If the Client has not met their payment obligations on time, Breakout Bandits is entitled to suspend the delivery of the Game until payment has been made, unless the Client is a Consumer.

Article 6. Players and Questionnaires

6.1 The Client will take on the role of game leader for a Game. If the Client is a legal entity, the game leader is the person who completed the order form or in whose name the quotation was issued, as described in Article 3.
6.2 As the game leader, the Client will send the names of all players participating in an Adventure to Breakout Bandits.
6.3 For Personalized Games, Breakout Bandits will send the Client a link to a questionnaire that must be completed by the players after the agreement is concluded. Through the online system of Breakout Bandits, the Client can monitor which players have completed the questionnaire. The Client is responsible for ensuring that all players complete the questionnaire in a timely manner. The Client will then confirm the names of all players of the Personalized Game to Breakout Bandits.
6.4 The Client will also ensure that all players receive and read the practical information provided by Breakout Bandits, including the game rules, and that they accept the general terms and conditions for players no later than 3 days before the Game is played.

Article 7. Delivery

7.1 Breakout Bandits will deliver the Personalized Game no later than 24 hours before the agreed game date and notify the Client accordingly.
7.2 The delivery date for Adventures is the date stated on the quotation.
7.3 All Games may only be played on the agreed game date.
7.4 Breakout Bandits is not liable for any delays in the delivery of a Game due to the Client’s failure to confirm the names of the players and/or failure to ensure that all players have accepted the general terms and conditions for players as described in Article 6. Breakout Bandits is also not liable for any possible delays in delivering the Personalized Game as a result of the players not completing the questionnaires on time.
7.5 Breakout Bandits strives to deliver all games within the delivery date but is not liable for any delay in delivery due to reasons beyond Breakout Bandits’ control, such as delays caused by force majeure, non-compliance by third parties such as suppliers, or computer malfunctions or viruses.
7.6 If the delivery date is exceeded, Breakout Bandits will promptly notify the Client and discuss a new delivery date. If the delivery date is exceeded for reasons not attributable to the Client, the Client has the right to cancel the agreement without being entitled to any compensation.
7.7 The Client is not permitted to allow players other than those whose names have been confirmed and who have signed the general terms and conditions for players as described in Articles 6.3 and 7.1 to participate in the Games. Any damages arising from a violation of this provision are entirely at the Client’s expense.
7.8 During all Games, Breakout Bandits offers telephone support for the players. Only for the Personalized Game Capture The Flag XL can the Client choose on-site support during the ordering process.

Article 8. Rescheduling

8.1 In consultation with Breakout Bandits, the Client may reschedule a Game to a later date at no extra cost, unless this requires changes to the Game, such as but not limited to changing and/or adding players, in which case an additional charge of 25% of the total price will be applied.
8.2 Rescheduling a Game to an earlier date is not possible unless expressly agreed by Breakout Bandits.

Article 9. Cancellation

9.1 The Client is entitled to cancel a Personalized Game free of charge if they notify Breakout Bandits in writing at least 14 days before the Personalized Game is delivered. If the Client cancels the Personalized Game between 14 days and 3 days before delivery, cancellation fees of 50% of the price of the Personalized Game will be charged. If the Client cancels the Personalized Game on or after the third day before delivery, the Client will be liable for the full price of the Personalized Game.
9.2 The Client is entitled to cancel an Adventure free of charge if they notify Breakout Bandits in writing at least 30 days before delivery of the Adventure. If the Client cancels the Adventure between 30 days and 14 days before delivery, cancellation fees of 50% of the price of the Adventure will be charged. If the Client cancels the Adventure between 14 days and 7 days before delivery, cancellation fees of 75% of the price of the Adventure will be charged. If the Client cancels the Adventure later than 7 days before delivery, the Client will be liable for the full price of the Adventure.

Article 10. Exclusion of Right of Withdrawal

10.1 The Client is not entitled to cancel the agreement within 14 days. The Client has no right of withdrawal since this concerns a service related to leisure activities that must be provided on a specific date.

Article 11. Conformity

11.1 Breakout Bandits guarantees that the Game complies with the agreement, the specifications listed on the website, and applicable legal provisions and/or government regulations.

Article 12. Satisfaction Guarantee

12.1 If the Client is not 100% satisfied after playing a Game, the Client can have the price paid for the Game fully or partially refunded, minus any costs of the Game paid by Breakout Bandits to third parties.
12.2 If the Client wishes to use this satisfaction guarantee, the Client must notify Breakout Bandits in writing within 14 days after the Game has been played, stating the reason for their dissatisfaction, the portion of the price they wish to be refunded, and the bank account number for the refund.
12.3 Breakout Bandits will then refund the portion of the price within 14 days, minus any costs paid to third parties.

Article 13. Liability

13.1 Breakout Bandits is not liable for any damage or injury resulting from the normal exercise of playing the Game, as it is considered an inherent risk of a sport or game activity.
13.2 The Client, as the game leader, is responsible for informing players of the risks and safety measures during the Game. In this role, the Client is primarily responsible for the safety and well-being of the players during the Game.
13.3 If the Client is the employer of the players, the Client, as the employer, carries risk liability for any injuries sustained by their employees during the Game, in accordance with Article 7:658 of the Dutch Civil Code. This risk liability means that the Client can be held liable for damages, even in the absence of fault or negligence by the Client.
13.4 Under no circumstances is Breakout Bandits liable for any indirect or incidental damages, including but not limited to lost profits, missed revenue, damage due to business interruption, delay damages, reputational damage, or any other special or consequential damages, unless the Client is a Consumer.
13.5 Notwithstanding the provisions in the first four paragraphs of this article, any liability of Breakout Bandits is always limited to the amount paid out in the relevant case by a Breakout Bandits insurance policy.
13.6 The Client who is not a Consumer indemnifies Breakout Bandits against all possible claims by third parties relating to the delivered Game(s) or the execution of the agreement in any other way.
13.7 The limitations of liability included in this article do not apply if the damage is the direct result of intent or gross negligence by Breakout Bandits.

Article 14. Personal Data

14.1 Breakout Bandits processes personal data of the Client and the players of the Game in order to perform the Game. More information about the personal data that is processed, the purposes of the processing, the rights of the players, and the measures Breakout Bandits takes to secure personal data can be found in the privacy policy available on the Breakout Bandits website.

Article 15. Intellectual Property Rights

15.1 All intellectual property rights related to the Games delivered by Breakout Bandits and related products and/or services are owned by Breakout Bandits.
15.2 The Client is not permitted to reuse any indication of copyrights, trademarks, trade names, or other intellectual property rights without prior written permission from Breakout Bandits.

Article 16. Confidentiality

16.1 The Client and Breakout Bandits will observe confidentiality regarding all information they become aware of in the context of the agreement and which is reasonably understood to be confidential, including the content of the agreement.

Article 17. Questions and Complaints

17.1 The Client can send questions and/or complaints to the address: Leeweg 32, 2651CL Berkel en Rodenrijs and/or the contactform.
17.2 Breakout Bandits aims to respond to all questions and complaints within 14 days of receipt. If it takes Breakout Bandits longer to resolve a question or complaint, Breakout Bandits will send the Client an acknowledgment of receipt within 14 days, indicating when the Client can expect a substantive response.

Article 18. Disputes

18.1 These General Terms and Conditions and the agreement between the Client and Breakout Bandits are exclusively governed by Dutch law.
18.2 In the event of disputes, the Client, Breakout Bandits, and if applicable, the Player, will consult with each other and attempt to reach an amicable settlement. If this proves impossible, all disputes will be submitted to the competent court of the Rotterdam District Court.

Article 19. Miscellaneous Provisions

19.1 If one or more of the provisions of these General Terms and Conditions are invalid, contrary to the law, or unenforceable, the validity of the remaining provisions will not be affected. The parties will negotiate in good faith regarding a new provision to replace the invalid or unenforceable provision that follows the intent of the invalid or unenforceable provision as closely as possible.
19.2 Breakout Bandits is entitled to engage third parties in the execution of the agreement.