
Padel Park Landgraaf
Terms and Conditions
Padel Park Landgraaf, located at Rukkenerweg 13, 6373 HL Landgraaf, registered with the Chamber of Commerce under number 42063548, VAT number NL869539991B01, hereinafter referred to as Padel Park Landgraaf.
Article 1 – Definitions
- 1.1 Offer or Offers: any offer from Padel Park Landgraaf to enter into an Agreement.
- 1.2 Cancellation: notification made by the Customer to Padel Park Landgraaf in writing, 24 hours prior to the booked Service, that one or more agreed Services will not be used, either wholly or partially. This also refers to written notification from Padel Park Landgraaf to the Customer that one or more agreed Services will not be provided, either wholly or partially.
- 1.3 Consumer Customer or Consumer Customers: natural persons not acting in the exercise of a profession or business, who have entered into an Agreement with Padel Park Landgraaf.
- 1.4 Services: services to be provided by Padel Park Landgraaf, available separately or as a combined package, consisting of: a. hospitality services, the provision of food and/or drinks, as well as the provision of room and court hire; b. the rental of padel courts, individual bookings or via a contract court, and equipment; c. padel services, services focused on physical and/or mental activity, including but not limited to lessons; d. other services, all other services offered by Padel Park Landgraaf not covered under a to c.
- 1.5 Service Agreement: an agreement between Padel Park Landgraaf and a Customer concerning the provision of one or more Services.
- 1.6 Invoice Value: the total amount payable by the Customer to Padel Park Landgraaf under one or more Agreements, and for a Service or Services performed under an Agreement, if applicable, plus any other amounts owed by the Customer under these General Terms and Conditions.
- 1.7 Public Holidays: generally recognised public holidays in the Netherlands.
- 1.8 Guest or Guests: the natural person or persons to whom Padel Park Landgraaf must provide one or more Services under an Agreement concluded with the Customer. Where these General Terms and Conditions refer to 'Guest' or 'Customer', both Guest and Customer are meant, unless the content and purpose of the provision necessarily imply that only one of them can be intended.
- 1.9 Goods: all goods, including money, monetary values, and negotiable instruments.
- 1.10 Customer or Customers: Consumer Customers and Business Customers collectively.
- 1.11 Purchase Agreement: any agreement concluded between Padel Park Landgraaf and the Customer regarding the sale and delivery of Products by Padel Park Landgraaf, any modification or addition thereto, as well as all legal acts preparatory to and in performance of that Purchase Agreement.
- 1.12 No Show: failure by a Customer and/or Guest to use one or more Services to be provided by Padel Park Landgraaf under an Agreement, without Cancellation.
- 1.13 Agreement or Agreements: a Service Agreement or Service Agreements and/or a Purchase Agreement or Purchase Agreements.
- 1.14 Products: all products, such as, but not limited to, padel products, offered for sale by Padel Park Landgraaf in its shop or shops.
- 1.15 Provision of Services: Padel Park Landgraaf providing Services, including all associated work and services, in the broadest sense of the word.
- 1.16 Business Customer or Business Customers: legal entities or companies that have entered into an Agreement with Padel Park Landgraaf.
- 1.17 Article titles are for reference only. No rights can be derived from them.
- 1.18 In these General Terms and Conditions, references to legal provisions are references to such provisions as they read at the time these General Terms and Conditions were adopted.
- 1.19 In these General Terms and Conditions, where the context so requires, the singular shall include the plural and vice versa.
- 1.20 With the exception of any statutory rights to cancel, payments for lessons and individual bookings are non-refundable and non-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 resulting and continuing obligations and Services.
- 2.2 If the General Terms and Conditions have applied to any Agreement, they shall automatically, without requiring separate agreement between the parties concerned, apply to any subsequent agreement concluded between the parties, unless expressly agreed otherwise in writing between the parties regarding that specific agreement.
- 2.3 Padel Park Landgraaf expressly rejects the applicability to any Agreement of general or specific terms and conditions used by the Customer, unless and after such terms have been expressly declared applicable to an Agreement by Padel Park Landgraaf in writing. Acceptance in this manner of the applicability of the Customer's terms to one Agreement does not in any case imply that those terms also implicitly apply to any subsequently concluded Agreement.
- 2.4 Deviations from these General Terms and Conditions are only valid if confirmed in writing and explicitly by Padel Park Landgraaf to the Customer on a case-by-case basis.
- 2.5 These General Terms and Conditions also extend to the benefit of all natural persons, legal entities, and companies that Padel Park Landgraaf uses or has used in entering into and/or executing an Agreement and performing the Services, or generally within the framework of Padel Park Landgraaf's operations.
- 2.6 In case of nullity or annulment by the Customer of one or more provisions of the General Terms and Conditions, the remaining provisions of the General Terms and Conditions shall remain fully applicable to the Agreement. Parties shall consult to replace a void or annulled provision with a valid or non-annullable provision that aligns as closely as possible with the purpose and intent of the void or annulled provision.
- 2.7 Insofar as an Agreement deviates from one or more provisions of the General Terms and Conditions, the provisions in the Agreement shall prevail. The other provisions of the General Terms and Conditions shall in that case remain fully applicable to the Agreement.
- 2.8 If translations of these General Terms and Conditions have been issued, the Dutch version shall prevail over the version or versions in any other language.
- 2.9 The house rules of Padel Park Landgraaf also apply to every Service. These form an integral part of these General Terms and Conditions. Padel Park Landgraaf will display, affix, or make available the house rules in a clearly visible location for Customers and/or Guests, or provide written copies of the house rules to Customers and/or Guests. Customers and/or Guests are obliged to comply with the house rules.
Article 3 – Reservations and Formation of Service Agreements
- 3.1 If a Customer and/or Guest wishes to use one or more Services, these must be reserved in good time in writing, by telephone, or electronically, online via the Padel Park Landgraaf website. For the reserved Service or Services, Padel Park Landgraaf may, at its discretion, require full or partial prepayment. This prepayment must be made in accordance with Article 4 (Settlement and Payment).
- 3.2 Agreements are formed at the moment Padel Park Landgraaf, or an intermediary on behalf of Padel Park Landgraaf, has confirmed a booking or reservation from the Customer in writing, or if Padel Park Landgraaf proceeds with the execution of the Customer's booking or reservation. Furthermore, an Agreement is formed by the Customer's acceptance of an Offer. Changes, additions, and/or extensions to an Agreement are only binding if expressly agreed upon in writing. The Agreement replaces all prior proposals, correspondence, agreements, or other communication between parties preceding the conclusion of the Agreement. Commitments made by and agreements with subordinates or representatives of Padel Park Landgraaf are only binding on Padel Park Landgraaf if and insofar as they have been ratified or confirmed in writing to the Customer.
- 3.3 Within twenty-four (24) hours of an online reservation, the Customer will receive an email with a booking confirmation and a link to the General Terms and Conditions. This booking confirmation serves as proof of the booking. The Customer is obliged to check the booking confirmation and immediately notify Padel Park Landgraaf in writing of any error, failing which the booking will be executed as stated in the booking confirmation. All bookings, whether online or not, are only valid after they have been confirmed by email. Business Customers can make changes to the group size stated in the reservation confirmation up to one week before the start time. If the number of persons at the start time is less than indicated one week prior, the costs for the reduced number of persons will be fully charged to the Business Customer.
- 3.4 All Offers made by Padel Park Landgraaf regarding the formation of Agreements and the performance of Services are without obligation and based on availability or capacity, and may be revoked at any time by Padel Park Landgraaf, even if they contain a term for acceptance. If Padel Park Landgraaf invokes such a reservation within a reasonable period after acceptance by the Customer, the intended Agreement shall be deemed not to have been formed, and the parties shall reverse any actions performed in the interim in the context of the execution, providing all reasonably necessary cooperation to each other.
- 3.5 All images, descriptions, size specifications, and other information provided by Padel Park Landgraaf are non-binding and are only intended to give a general impression of the quality of the Services offered. Padel Park Landgraaf accepts no liability for incorrect images, descriptions, size and weight specifications, and other incorrect information.
- 3.6 All Offers are made by Padel Park Landgraaf, directly or indirectly, to the best of its knowledge and with the greatest care. However, Padel Park Landgraaf does not guarantee that no deviations will occur in this regard.
- 3.7 Options are generally not granted. If an option is granted, it can only be done in writing, with a pre-determined expiry date. An option not converted by the Customer into an actual reservation by the expiry date at the latest, or an option that the Customer has previously indicated in writing will not be used, shall be deemed to have expired without any cancellation being required.
- 3.8 Agreements entered into by intermediaries for or on behalf of Customers are deemed to have been concluded also for the account and risk of these intermediaries. Padel Park Landgraaf owes no commission or fees 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 by the Customer to Padel Park Landgraaf shall discharge the intermediary to the same extent.
- 3.9 Padel Park Landgraaf may at any time refuse to conclude an Agreement for any reason, unless such refusal is solely based on one or more grounds mentioned in Article 429quater of the Dutch Criminal Code (discrimination). Padel Park Landgraaf has the right to refuse Customers and/or Guests access to the premises and/or the hospitality establishment, as well as the offering of Services, if, in its estimation, normal, orderly business operations require this.
Article 4 – Settlement and Payment
- 4.1 The Customer and/or Guest owes the price specified in the Agreement, which applies at the moment the Service or Services are to be provided. This also includes prices stated on lists displayed in a location visible to Customers and/or Guests, or included in a list handed to Customers and/or Guests, even upon request. A list is considered visibly displayed if it is visible in publicly accessible areas of Padel Park Landgraaf and/or published on the website.
- 4.2 For additional services, including but not limited to the use of a cloakroom, garage or parking, safe, and Wi-Fi, Padel Park Landgraaf may demand an extra fee.
- 4.3 All invoices, including those for cancellation or No Show, are due by the Customer and/or Guest the moment they are presented.
- 4.4 As long as Customers and/or Guests have not fully and properly fulfilled all their obligations to Padel Park Landgraaf, Padel Park Landgraaf is entitled to take possession of and hold all Goods brought by Customers and/or Guests until all obligations have been fully and properly met.
- 4.5 If a payment method other than immediate payment has been agreed upon (cash, via a payment card, in advance, or upon arrival), invoices, regardless of the amount, must be paid within fourteen (14) days of the invoice date. If an invoice is sent or forwarded, Padel Park Landgraaf is at all times authorised to charge a credit limitation surcharge of two percent (2%) of the Invoice Value. This surcharge lapses if the Customer pays the invoice on time and in full.
- 4.6 If timely and full payment is not made, the Business Customer is in default without any notice of default being required. The Consumer Customer is in default after receiving a written reminder and being granted a fourteen (14) day period to pay, with notification of the consequences of failing to make timely and full payment.
- 4.7 If the Customer and/or Guest is in default, they must reimburse all extrajudicial collection costs incurred by Padel Park Landgraaf. The extrajudicial collection costs will be calculated in accordance with the provisions of the law in that regard.
- 4.8 Furthermore, if the Business Customer is in default, they owe an amount of interest of two percent above the statutory interest rate. A part of a month is counted as a full month for calculation purposes.
- 4.9 Padel Park Landgraaf has a right of retention on Goods brought by Customers and/or Guests as security for the satisfaction of any claims relating to hospitality services, possibly supplemented with other Services. If the Customer and/or Guest remains in default for three (3) months, Padel Park Landgraaf deems itself free not to store these Goods any longer.
- 4.10 Any payment by the Customer and/or Guest, regardless of any notation or remark, is deemed to reduce the debt in the following order: a. the costs of execution; b. the judicial and extrajudicial collection costs; c. the interest; d. the damages; e. the principal sum.
- 4.11 Unless expressly agreed otherwise, payment is made in euros.
- 4.12 Notwithstanding provisions of mandatory law, the Customer and/or Guest does not have the right to suspend and/or set off their payment obligations.
- 4.13 Padel Park Landgraaf is entitled to set off all claims against the Customer and/or Guest against any debt that Padel Park Landgraaf may owe to the Customer and/or Guest, or to affiliated legal entities.
- 4.14 Padel Park Landgraaf is at all times entitled, based on its assessment of the Customer's creditworthiness, to demand security or full or partial prepayment. If and as long as the Customer remains in default, Padel Park Landgraaf is authorised to suspend its delivery obligation.
- 4.15 Complaints of any nature regarding the execution of an Agreement do not suspend the payment obligation and can only be brought to the attention of Padel Park Landgraaf in writing.
- 4.16 Padel Park Landgraaf has no obligation regarding a submitted claim if the Customer and/or Guest has not fulfilled all their obligations, both financial and otherwise, in a timely and complete manner.
- 4.17 A claim concerning a delivered Service cannot affect previously delivered or yet-to-be-delivered Services, even if these are performed in execution 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 equal to the value of the booking amount will be added to the personal booking account.
- 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 or Services.
- 5.3 Amounts that Padel Park Landgraaf has already become liable for to third parties in connection with the Agreement due to a Cancellation by the Customer must be fully reimbursed by the Customer at all times.
- 5.4 When a reservation has been made, the following applies to Cancellations: a. for a Cancellation more than twenty-four (24) hours before the start time of the reserved Service or Services, no amount is due; any prepaid costs will be refunded minus administrative charges; b. for a Cancellation less than twenty-four (24) hours before the start time, the full Invoice Value is due.
- 5.5 For contract courts, both business and private, where a fixed weekly playing slot is reserved for a period of 52 weeks, additional cancellation rules apply. Cancellations must always be reported at least 24 hours in advance. The maximum number of permitted cancellations is 6 per contract period of 52 weeks. Cancellations within the maximum permitted number are free of charge. Exceeding the maximum will result in invoicing for the missed Service or Services above this maximum.
Article 6 – Delivery of Products and Transfer of Risk
- 6.1 The delivery of the Products takes place at the location agreed upon by the parties.
- 6.2 The stated delivery times are indicative and never strict deadlines. In case of late delivery, Padel Park Landgraaf must be given written notice of default within two (2) working days at the latest, after which a reasonable period will be granted to still comply. Exceeding the delivery time does not in any case entitle the Customer to compensation.
- 6.3 If delivery of ordered Products is not possible because the Product is unavailable, the Customer and/or Guest will be informed as soon as possible. The amount paid will be refunded within thirty days of this notification.
- 6.4 If the Products are not accepted, Padel Park Landgraaf is entitled to store them entirely at the expense and risk of the Customer and/or Guest.
- 6.5 At the moment the Customer and/or Guest receives the Products, the risk of damage and/or loss transfers to the Customer and/or Guest.
Article 7 – Inspection and Complaint Obligation for Products
- 7.1 The Customer and/or Guest is obliged to inspect the Products immediately after delivery for deficiencies and/or damage. These must be reported in writing within two working days of delivery, failing which complaints will not be processed.
- 7.2 The Customer and/or Guest can no longer assert claims if the notification takes place later than two working days after the moment at which the deficiencies could reasonably have been discovered.
- 7.3 Returns can only take place after prior written permission. The Products must be in their original condition and original packaging.
- 7.4 The costs for return are borne by the Customer and/or Guest.
- 7.5 If the complaint is deemed well-founded, Padel Park Landgraaf has the choice, without being obliged to further compensation, to replace the Products or issue a credit note up to a maximum of the invoice value.
- 7.6 The presence of a deficiency and/or damage does not entitle the Customer and/or Guest to suspend payment obligations.
Article 8 – Guarantees on Products
- 8.1 Unless otherwise agreed in writing, Padel Park Landgraaf does not guarantee any properties other than those included in the descriptions and specifications it uses.
- 8.2 If Padel Park Landgraaf supplies Products that it has obtained from its suppliers, it is never bound to a more extensive guarantee or liability than it can claim from its suppliers.
Article 9 – Liability and Limitation of Liability
- 9.1 Consumer Customers: Padel Park Landgraaf is liable for damage resulting from a attributable shortcoming in the performance of the Agreement. Compensation is only provided for damage against which Padel Park Landgraaf is insured, or reasonably ought to have been insured, and only up to the amount paid out by the insurer. The following are not eligible for compensation: a. financial loss, such as business interruption loss, consequential loss, delay loss, and loss of profit; b. damage arising from actions or omissions by the Customer and/or Guest or third parties contrary to instructions given, the Agreement, and/or the General Terms and Conditions; c. damage as a direct result of incorrect, incomplete, and/or faulty information provided by or on behalf of the Customer and/or Guest.
- 9.2 Business Customers: parties exclude all forms of liability for Padel Park Landgraaf. If reasonableness and fairness oppose this, compensation is only provided for damage against which Padel Park Landgraaf is insured, or reasonably ought to have been insured, and only up to the amount paid out by the insurer.
- 9.3 If obtaining or renewing insurance is not possible or not under reasonable conditions, the insurer does not pay out, or the damage is not covered by the insurance, the compensation is limited to three times the agreed amount for the Agreement excluding VAT, with a maximum of 1,000 euros (one thousand euros).
- 9.4 The Customer and/or Guest indemnifies Padel Park Landgraaf against all claims from third parties for damage incurred by or in connection with Services performed and/or Products delivered, insofar as Padel Park Landgraaf would not be liable to the Customer and/or Guest for such damage.
- 9.5 Padel Park Landgraaf is not liable for damage or loss of Goods brought by a Guest and/or Customer. The Business Customer indemnifies Padel Park Landgraaf against claims from Guests in this regard. This does not apply insofar as the damage or loss is due to intent or gross negligence on the part of Padel Park Landgraaf.
- 9.6 If Padel Park Landgraaf receives and/or stores Goods, or if Goods are deposited, stored, and/or left behind without Padel Park Landgraaf stipulating remuneration for this, it is never liable for damage to those Goods, except in cases of intent or gross negligence.
- 9.7 Padel Park Landgraaf is never liable for damage to or caused by vehicles of Customers and/or Guests, except in cases of intent or gross negligence.
- 9.8 Customers and/or Guests are liable for all direct and indirect damage arising from an attributable shortcoming, breach of contract, and/or unlawful act, including violation of the house rules, as well as for damage caused by any animal, substance, or item of which they are the keeper. The Customer and/or Guest must ensure adequate insurance, such as health insurance with supplementary cover and liability insurance. Padel Park Landgraaf is not liable for any damage suffered by the user and/or a third party due to or as a result of using the location and/or participating in activities; this exemption also expressly applies to serious types of damage such as damage resulting from serious injury or death.
- 9.9 The Customer and/or Guest must be adequately insured against the risk of material and immaterial damage resulting from death, injury, or illness caused by using the location.
- 9.10 The Customer and/or Guest declares that participation requires good physical and mental health, that they meet this requirement, and that they have sufficiently prepared for the activity. Padel Park Landgraaf is not liable for the occurrence of injuries. Customer and/or Guest plays at their own risk.
- 9.11 Damage to Padel Park Landgraaf's property, caused by a Customer and/or Guest or co-caused by a user, will be recovered wholly or partially from the Customer.
- 9.12 In case of use by multiple persons simultaneously, the Customer is jointly and severally liable for all Guests.
- 9.13 The Customer and/or Guest is obliged to take all measures to prevent damage to the rented property, or nuisance to co-users. Prohibited are: smoking and/or consuming food or drinks in non-designated areas; entering playing courts with outdoor footwear or footwear that does not meet the requirements for the specific playing court; using equipment or materials without the required authorisation.
- 9.14 In case of disorderly use, Padel Park Landgraaf has the right to deny the Customer and/or Guest access to the rented property, without refund of the paid Invoice Value.
- 9.15 In the event of defects or damage to the rented property arising or being observed, the Customer and/or Guest is obliged to immediately notify the staff on duty. The costs of repairing damage caused by the fault of the Customer, their Guests, and/or visitors, are borne by the Customer and/or Guest.
Article 10 – Force Majeure
- 10.1 Force majeure shall be understood to mean any foreseen or unforeseen, foreseeable or unforeseeable circumstance that makes the performance of the Agreement so difficult that performance becomes impossible or burdensome, at the discretion of Padel Park Landgraaf.
- 10.2 Force majeure shall in any case, but not exclusively, include a shortcoming due to: a. problems and/or serious disruptions in the production process at suppliers, including utility companies; b. non-delivery of necessary materials by third parties; c. intent or gross negligence of auxiliary persons; d. strike; e. excessive absenteeism of personnel; f. fire; g. unusual weather conditions, such as floods; h. government measures, national and international, including import and export prohibitions and restrictions; i. war, mobilisation, unrest, riots, state of siege; j. sabotage; k. transport disruptions; l. machine breakdown; m. transport delay; n. pandemic or epidemic, including government regulations to combat it; o. weather conditions that render the court unplayable, at the discretion of Padel Park Landgraaf.
- 10.3 In case of force majeure, Padel Park Landgraaf has the choice to suspend performance until the force majeure situation has ceased to exist, or to dissolve the Agreement wholly or partially. In both cases, the Customer and/or Guest is not entitled to compensation. If the force majeure lasts longer than thirty (30) days, the Customer and/or Guest is also entitled to partially dissolve the Agreement for the future, with the understanding that Padel Park Landgraaf is entitled to send an invoice for the Services already rendered. In case of partial dissolution, there is no obligation to pay damages.
- 10.4 If Padel Park Landgraaf has already partially fulfilled its obligations when the force majeure occurs or can only partially fulfil them, it is entitled to invoice that part separately, and the Customer and/or Guest is obliged to pay this invoice as if it concerned a separate Agreement.
Article 11 – Lost Property
- 11.1 Goods lost or left behind in the building and its appurtenances of Padel Park Landgraaf, found by a Customer and/or Guest, must be promptly handed over to Padel Park Landgraaf.
- 11.2 Padel Park Landgraaf shall acquire ownership of Goods whose rightful owner has not reported within sixty (60) days after their handover.
- 11.3 If Padel Park Landgraaf sends left-behind Goods to the Customer and/or Guest, this shall be entirely at the expense and risk of the Customer and/or Guest. Padel Park Landgraaf is never obliged to send them.
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 results of Services, including copy, models, drawings, designs, documentation, photographic recordings, films, data carriers, equipment, and software, data, and databases, which are the subject of and/or arise from and/or have been used in the performance of the Agreement, rest with Padel Park Landgraaf.
- 12.2 Padel Park Landgraaf reserves the right to have image and/or sound recordings made and to reproduce and/or publish these in any form and by any means whatsoever for advertising purposes. The Customer agrees to this and waives the right to object to the use of their portrait in the context of the publication and reproduction of the aforementioned recordings. Customers and/or other persons appearing in the recordings cannot claim any compensation.
Article 13 – Processing of Personal Data
- 13.1 If Padel Park Landgraaf processes or has processed personal data, it complies with the applicable laws and regulations, including the General Data Protection Regulation (GDPR). Padel Park Landgraaf is then considered the data controller.
- 13.2 Padel Park Landgraaf does not use personal data for any purpose other than the performance of the Agreement and does not process more personal data than is strictly necessary for that purpose. It takes appropriate technical and organisational measures as referred to in the GDPR.
- 13.3 Padel Park Landgraaf fulfils its own obligations and assists the Customer and/or Guest in fulfilling their obligations under the GDPR, including the rights of data subjects such as the right to access and the right to erasure.
- 13.4 Any potential breach of the obligations in this article and the GDPR will be immediately reported to the Customer and/or Guest. Padel Park Landgraaf maintains a processing register in which all possible breaches are recorded.
- 13.5 For more information, please refer to the privacy statement.
Article 14 – Dissolution
- 14.1 If the Customer and/or Guest fails to fulfil one or any of their obligations under the Agreement, either wholly or partially, they are legally in default, and Padel Park Landgraaf has the right to unilaterally dissolve the Agreement, wholly or partially, by written notice, without further notice of default and without judicial intervention, and/or to suspend its obligations, without Padel Park Landgraaf being liable for any compensation and without prejudice to its other rights, including the right to full compensation. All claims that Padel Park Landgraaf may have or acquire in these cases are immediately and fully due and payable.
- 14.2 In the event of bankruptcy, suspension of payments, shutdown, liquidation, or death or acquisition, or any comparable situation of the Customer and/or Guest's company, or if the Business Customer ceases its business, or if the Debt Restructuring Act for Natural Persons (WSNP) applies to the Consumer Customer, or if a significant part of the Customer and/or Guest's assets are seized, or if the Customer and/or Guest can no longer be expected to fulfil the obligations, the Customer and/or Guest is legally in default, and Padel Park Landgraaf has the right to unilaterally dissolve the Agreement, wholly or partially, by written notice, without further notice of default and without judicial intervention, without being liable for any compensation and without prejudice to its other rights.
Article 15 – Final Provisions and Limitation Periods
- 15.1 Padel Park Landgraaf is at all times authorised to make changes to these General Terms and Conditions. Changes take effect at the time announced via the website www.padelparklandgraaf.nl. Padel Park Landgraaf will timely provide the amended General Terms and Conditions to Customers and/or Guests. If no effective date has been communicated, changes take effect as soon as the change has been communicated to them.
- 15.2 The invalidity of one or more provisions does not affect the validity of all other provisions. If a provision proves to be invalid, the parties are deemed to have agreed on a valid substitute provision that approximates the purpose and scope of the invalid provision as much as possible.
- 15.3 A party's failure to exercise a right under an Agreement, or delaying it, does not constitute a waiver of that right, unless otherwise specified. A single or partial exercise of a right does not preclude any other or further exercise.
- 15.4 Notifications to Padel Park Landgraaf in the context of an Agreement, the provision of Services, and/or the sale and delivery of Products must be made in writing.
- 15.5 Notwithstanding provisions of mandatory law, legal claims and other powers of the Customer and/or Guest against Padel Park Landgraaf expire after twelve (12) months from 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, if no written claim has been filed before the expiry of this period.
- 15.6 Notwithstanding provisions of mandatory law, any legal claim expires after a written claim if Padel Park Landgraaf has not been sued within twelve (12) months of receiving the relevant written claim.
Article 16 – Applicable Law and Disputes
- 16.1 These General Terms and Conditions are governed by Dutch law.
- 16.2 All disputes arising between Padel Park Landgraaf and the Customer and/or Guest in connection with the Agreement or agreements resulting therefrom shall be settled, to the exclusion of the jurisdiction of any other body, by the District Court of Limburg, unless a Consumer Customer chooses to have the dispute settled by the court with jurisdiction according to law within one month after Padel Park Landgraaf has invoked this clause in writing.
Article 17 – Photo, Video, and Audio Recordings
- Photos and video recordings may be made at and around the Padel Park Landgraaf location. These recordings may be used by Padel Park Landgraaf for promotional, commercial, and communication purposes, including publication via websites, social media, and other expressions. Visitors who object to the use of visual material in which they are recognisably depicted can contact us via info@padelparklandgraaf.nl. Requests will be handled in accordance with applicable laws and regulations.
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