General Terms and Conditions & Privacy Statement
University in Resistance (Radboud University)
Clause 1 General
1. The present terms and conditions apply to every offer, quotation and contract between University in Resistance (executed by Radboud University), hereinafter referred to as “University in Resistance”, and any Visitor to whom these terms and conditions are applicable, as declared by University in Resistance, insofar as the parties have not expressly agreed to deviate from these terms and conditions and recorded such in writing. In these terms and conditions, the term “Visitor” includes people who are part of the Visitor’s group and take part in the University in Resistance activities.
2. The present terms and conditions also apply to contracts with University in Resistance for which University in Resistance needs to engage third parties.
3. All other procurement-related or other terms and conditions in use by the Visitor are expressly rejected.
4. Should one or more of the provisions of these general terms and conditions be rendered invalid or void, in full or in part, at any time, the rest of the provisions will remain fully applicable. University in Resistance and the Visitor will then commence discussions with a view to agreeing upon new provisions to replace the invalid or void provisions. Every effort will be made to ensure that the aim and intention of the original provisions is reflected in such replacement provisions.
5. If University in Resistance does not demand strict compliance with these terms and conditions in some situations, this does not mean that the terms and conditions are not applicable, nor does it mean that University in Resistance loses, to any extent, its right to demand strict compliance with these terms and conditions in other situations.
Clause 2 Quotations and offers
1 All quotations and offers made by University in Resistance are without obligations, except where they specify a deadline for acceptance. If no acceptance deadline has been set, no rights whatsoever can be derived from the quotation or offer if the service to which the quotation or offer relates is no longer available.
2 University in Resistance cannot be required to deliver on its quotations or offers where the Visitor can reasonably be expected to understand that the quotations or offers, or part thereof, contain an obvious mistake or error.
3 All prices stated in quotations and offers include VAT, other statutory levies and any costs to be incurred as part of the contract, including travel, accommodation, shipment and administration costs, unless specified otherwise.
4 Where acceptance deviates from the contents of the quotation or offer, even if such deviation is minor, University in Resistance cannot be required to fulfil the deviating request. In such cases, no contract will be formed, unless University in Resistance specifies otherwise.
5 A price specification consisting of multiple components does not oblige University in Resistance to execute only part of the order for a proportionate amount of the specified price. Offers and quotations do not apply automatically to future orders.
Clause 3 Contract term, implementation period, implementation of and changes to the contract, price increases
1. The contract between University in Resistance and the Visitor is formed when an appointment is made on the University in Resistance website and confirmation of the appointment is sent by email. The contract is entered into for an indefinite term, unless the nature of the contract indicates otherwise or parties expressly agree otherwise in writing.
2. Any deadline or time agreed for the performance of certain activities can never be considered a firm deadline or time. If there are compelling reasons that prevent University in Resistance from being able to provide the services at the agreed time or by the agreed deadline, University in Resistance will make every reasonable effort to determine a new time or deadline for provision of the services, in consultation with the Customer.
3. University in Resistance will implement the contract using its best judgement, to the best of its ability and in accordance with high professional standards. University in Resistance can only ever be obliged to put in its best efforts and cannot be obliged to achieve certain results.
4. University in Resistance is entitled to have certain activities performed by third parties. Articles 404, 407 (2) and 409 of Book 7 of the Dutch Civil Code are expressly rejected.
5. Where University in Resistance or third parties engaged by University in Resistance perform activities at the Visitor's site or at a location decided upon by the Visitor as part of the service, the Visitor must provide facilities reasonably requested by University in Resistance free of charge.
6. The Visitor must ensure that all data, which University in Resistance has specified is necessary or which the Visitor can reasonably be expected to understand to be necessary for the implementation of the contract, is provided to University in Resistance in good time. If the data required for the implementation of the contract is not provided to University in Resistance in good time, University in Resistance is entitled to suspend implementation of the contract and/or charge the Visitor the additional costs ensuing from the delay at the rates applicable at the time. The implementation period will only commence once the Visitor has provided the data to University in Resistance.
7. If, during the implementation of the contract, a change or addition to the contract proves necessary in order to implement the contract properly, parties will proceed to amend the contract, in good time and in mutual consultation. If the nature, scope or content of the contract is modified, whether or not this has been requested or instructed by the Visitor, the competent authorities or another relevant party, and the modification results in a qualitative and/or quantitative change, this may affect the agreements originally made. This may also involve an increase or reduction in the price originally agreed. In such cases, University in Resistance will provide a price specification in advance wherever possible. A change to the contract may also result in a change to the originally specified implementation period. The Visitor accepts the fact that the contract may be subject to change, including changes to the price and implementation period.
8. Where the contract is changed or amended, University in Resistance is entitled to wait before implementing the contract until approval has been given by the authorised person at University in Resistance and the Visitor has agreed to implementation for the specified price and subject to the new terms and conditions, including the time of implementation to be decided at that time. Failure to implement the changed contract or failure to implement it on time does not constitute breach of contract on the part of University in Resistance and does not entitle the Visitor to terminate or cancel the contract.
9. University in Resistance is entitled to refuse a request to change the contract without being in default as a result, if the change to the contract could have qualitative and/or quantitative consequences for the activities to be performed or goods to be delivered in that context.
10. Should the Visitor be in default as regards fulfilment of its obligations towards University in Resistance, the Visitor will be liable for all losses and or damage incurred directly or indirectly by University in Resistance.
11. Where University in Resistance agrees a fixed fee or price with the Visitor, University in Resistance will nonetheless be entitled to raise this fee or price at any time, without the Visitor being entitled to dissolve the contract as a result, if the price increase relates to an authorisation or obligation imposed by legislation or regulations or if it is the result of an increase in the price of raw materials, wages, etc. or any other cause that could not have been foreseen upon entering into the contract.
Clause 4 Cancellation, suspension, dissolution and early termination of the agreement
1. The Visitor is entitled to cancel an appointment free of charge up to 48 hours before the start of the activities on the University in Resistance website or using the link provided in the confirmation email. Failure to attend an appointment or cancel at least 48 hours before the start of the activities will lead to the entire invoice amount being charged.
2. University in Resistance is entitled to suspend fulfilment of its obligations or dissolve the contract if the Visitor does not fulfil its obligations under this contract, or does not fulfil them in full or on time, if University in Resistance is made aware after entering into the contract of circumstances that give good reason to suspect that the Visitor will not fulfil its obligations, if the Visitor is asked to provide security for the fulfilment of its contractual obligations upon entering into the contract and fails to provide such security or does not provide sufficient security, or if a delay on the part of the Visitor means that it would no longer be reasonable to demand of University in Resistance that it implements the contract on the conditions originally agreed.
3. University in Resistance is furthermore entitled to dissolve the contract if circumstances arise that render compliance with the contract impossible or if any other circumstances arise that make it unreasonable to demand that University in Resistance delivers on the contract without any changes being made.
4. Where University in Resistance proceeds to suspend performance or dissolve the contract, it will not be liable for any compensation whatsoever for losses and costs incurred in any way whatsoever.
5. Where dissolution of the contract is the result of a breach on the part of the Visitor, University in Resistance is entitled to compensation for ensuing losses, including costs, incurred directly or indirectly.
6. Where the Visitor fails to comply with its obligations ensuing from the contract and this failure justifies dissolution of the contract, University in Resistance is entitled to dissolve the contract at once and with immediate effect, without being obliged to pay any compensation. The Visitor, on the other hand, will be obliged to pay compensation, due to its breach of contract.
7. If University in Resistance terminates the contract early, University in Resistance will ensure that any activities yet to be performed are transferred to third parties, in consultation with the Visitor, except when the termination is attributable to the Visitor. Any additional costs incurred by University in Resistance for the transfer of activities will be charged to the Visitor. The Visitor is obliged to pay these costs within the set payment term, unless University in Resistance specifies otherwise.
8. In the event of liquidation, filing for or granting of a suspension of payments order or bankruptcy, seizure of the Visitor's assets (where such seizure is not lifted within three months), debt restructuring or any other circumstance leaving the Visitor unable to freely dispose of its assets, University in Resistance is entitled to terminate the contract at once and with immediate effect, or to cancel the order or contract without being obliged in any way to pay compensation. In that case, any amounts that University in Resistance is due to receive from the Visitor will become immediately due and payable.
Clause 5 Force majeure
1. University in Resistance will not be bound to comply with any obligation towards the Visitor if impeded by circumstances that cannot be attributed to University in Resistance and that are not University in Resistance's responsibility by law, legal act, or according to common opinion.
2. In the present general terms and conditions, “force majeure” includes not only the definition generally understood in legislation and case law, but also all external causes, whether or not foreseeable, over which University in Resistance has no control and which prevent University in Resistance from fulfilling its obligations. This includes strikes and illness within University in Resistance’s company or at third parties. University in Resistance is also entitled to invoke force majeure where the circumstance preventing compliance (or continued compliance) with the contract occurs after University in Resistance should have fulfilled the obligation.
3. During the period of force majeure, University in Resistance is entitled to suspend fulfilment of its obligations under the contract. Where this period lasts for longer than two months, both parties are entitled to dissolve the contract, without being obliged to pay compensation to the other party.
Clause 6 Payment and collection costs
1. Appointments for a visit to University in Resistance are made on the website www.universiteitinverzet.nl. Payment is made through the Mollie B.V. website. You need to provide Mollie B.V. with your payment details yourself.
2. University in Resistance does not provide Mollie B.V. with personal data and is neither responsible nor liable for the processing of your personal data by Mollie B.V.
3. Mollie B.V. informs University in Resistance once the payment has successfully been processed by Mollie B.V. Your booking is only final once you have received confirmation of your payment from University in Resistance.
4. Payment must be made upon delivery of the services or within 14 days of the invoice date. The choice as to which deadline applies is at the discretion of University in Resistance. University in Resistance is entitled to invoice amounts owed in instalments.
5. If the Visitor fails to pay an invoice on time, the Visitor will be in default by force of law and will owe interest of 1% per month, or the statutory interest if this is higher. Interest on the amount owed will be calculated from the moment the Visitor is first in default until such time as full payment of the amount owed has been made. A Visitor who is a consumer is only in default after having been notified of this by University in Resistance.
6. University in Resistance is entitled to deduct payments made by the Visitor from the costs first of all, then from the arrears interest and finally from the principal and accrued interest. University in Resistance is entitled to refuse a payment offer, without being in default as a result, if the Visitor specifies that the payment should be allocated to the different elements in a different order. University in Resistance can refuse full payment of the principal if the arrears interest, accrued interest and collection costs are not also paid.
7. The Visitor is never entitled to offset any amounts it owes to University in Resistance. Objections against an invoice amount do not entitle the Visitor to suspend payment. A Visitor who is not entitled to rely on Section 6.5.3 of the Dutch Civil Code (Articles 231 to 247 inclusive of Book 6) is also not entitled to suspend payment of an invoice for a different reason.
8. If the Visitor fails to fulfil its obligations, or fails to fulfil them on time, all reasonable costs incurred in order to obtain an out-of-court settlement will be charged to the Visitor. Such costs will be calculated on the basis of standard practice in the Dutch collection system. This is currently the Rapport Voorwerk II calculation method. However, any higher collection costs that University in Resistance has reasonably had to incur will also be eligible for compensation. Any legal and enforcement costs will also be recovered from the Visitor. The Visitor will also be liable for interest on the collection costs owed.
Clause 7 Participation rules
1. The minimum age for participation in University in Resistance’s activities is 15 years. Persons younger than 15 years may only participate if they are accompanied by at least one adult.
2. University in Resistance is entitled to exclude the Visitor or a member of the Visitor's group from participation in the activities and games in the event that said person(s) display undesirable behaviour and/or repeatedly ignore University in Resistance’s instructions. Such person(s) will then not be entitled to a refund.
3. It is not permitted to participate in University in Resistance’s activities while under the influence of alcohol or drugs. University in Resistance is entitled to exclude the Visitor from participation on such grounds, and the Visitor will then not be entitled to a refund.
4. No rights can be derived from any prizes that can be won during activities, neither can such prizes be exchanged for cash.
5. University in Resistance's activities only have a maximum duration of play and no minimum. No rights can be derived from the results of the activities.
Clause 8 Complaints
1. University in Resistance must be informed of any complaints in writing whenever possible.
2. University in Resistance will process all complaints and, where necessary, respond within a reasonable period.
3. Submitting a complaint does not entitle the Visitor to suspend payment.
Clause 9 Liability
1. If University in Resistance should be liable in any case, its liability will be limited to the provisions of the present clause.
2. Participation in University in Resistance’s activities is entirely at one's own risk. The Visitor and each participant in University in Resistance's activities guarantee that their physical health and fitness is sufficient for participation in the physical activities and games.
3. University in Resistance is not liable for losses or damage of any nature that arise due to University in Resistance relying on incorrect and/or incomplete information provided by or on behalf of the Visitor.
4. University in Resistance is not liable for losses or damage that arise due to the Visitor's failure to follow instructions, site rules and/or rules of play given by University in Resistance or its employees.
5. If University in Resistance proves to be liable for any losses or damage, University in Resistance's liability will be limited to a maximum equal to the invoice value of the part of the order to which the liability relates.
6. University in Resistance's liability is always limited to the amount that its insurer pays out.
7. University in Resistance is only liable for direct losses or damage.
8. Direct losses or damage only include reasonable costs incurred in order to establish the cause and extent of the losses or damage, provided such establishment relates to losses or damage as defined in these terms and conditions, any reasonable costs incurred in order to rectify any defective performance by University in Resistance in order to bring said performance up to the standards set out in the contract, provided the defective performance can be attributed to University in Resistance, and reasonable costs incurred in order to prevent or limit losses or damage, provided the Visitor can demonstrate that these costs did indeed limit the direct losses or damage as defined in these terms and conditions. University in Resistance is never liable for indirect losses or damage, including consequential damage, lost profits, missed savings and losses or damage due to interruption of business.
9. The liability limitations specified in this clause do not apply if the losses or damage are caused by intent or gross negligence on the part of University in Resistance or its managing subordinates.
Clause 10 Indemnification
1. The Visitor indemnifies University in Resistance against all possible third-party claims where losses or damage are incurred in relation to the implementation of the contract but have been caused by a party other than University in Resistance. Should any third party make a claim against University in Resistance, the Visitor is obliged to assist University in Resistance both judicially and extra-judicially and immediately take all action that can be reasonably expected of it in the case at hand. If the Visitor fails to take adequate measures, University in Resistance is entitled to do so itself, without having to provide notice of default. All costs and losses or damage incurred by University in Resistance and third parties as a result will be entirely the responsibility and risk of the Visitor.
Clause 11 Intellectual property
1. University in Resistance reserves the right to exercise all rights and authorities to which it is entitled under the Dutch Copyright Act (Auteurswet) and all other intellectual property legislation and regulations. University in Resistance is entitled to use knowledge gained through the implementation of a contract for other purposes, provided no highly confidential information relating to the Visitor is made available to third parties.
2. All materials, equipment, resources and information used for the performance of the activities are confidential. They are and remain the property of University in Resistance.
Clause 12 Applicable law and jurisdiction
1. All legal relationships to which University in Resistance is party are exclusively governed by Dutch law, even if an obligation is fully or partially fulfilled outside of the Netherlands or if the relevant party to the legal relationship resides outside the Netherlands.
2. In the event of a dispute, the parties will make every effort to find a solution in mutual consultation. If they are unsuccessful, the matter will be submitted to the competent court in Gelderland. Nonetheless, University in Resistance is entitled to submit the dispute to any other competent court.
Clause 13 Amendments to the terms and conditions
1. The latest filed version of the terms and conditions and/or the version that applied at the commencement of the legal relationship with University in Resistance always applies.
2. The Dutch text of these general terms and conditions will always take precedence in matters regarding the interpretation of said terms and conditions.
Privacy statement Educational Escape Room
1. Which personal data do we collect?
Of each group we ask for (only) one first and last name, email address, phone number as well as the minimum of financial data that are required to book the escape room. We ask the age of each individual player.
2. Why do we need these personal data?
We collect these data in order to place your reservation on the bookings list. This will ensure that you will be automatically sent a confirmation e-ticket. We need the abovementioned data in order to contact the group with regard to the reservation. Because of the discount offer for people of 25 years of age or younger we ask for the age of all players.
3. With whom do we share your personal data?
We manage abovementioned personal data at Radboud University. We will share only those data that are absolutely required to make the reservation possible, and only with those providers that are necessary to make a booking.
4. How long will we store your personal data?
We will keep your data only for the period that the escape is active and running. At the end of this period we may send you a one-time message asking you whether you want to be kept informed about further (university) activities.
5. Do you have questions or remarks?
You can reach us here.
Please note: the general privacy statement of Radboud University applies. You can read this statement here.