1. Definitions

In these terms and conditions, the following terms are used with the meanings specified below, unless explicitly stated otherwise or implied by the context:

A. ROX Escape Experience: the user of these terms and conditions;
ROX Escape Experience, located at De Kolk 17, Nijmegen, registered with the Chamber of Commerce under KvK number 82438374;
B. Agreement: the agreement between ROX Escape Experience and the customer;
C. Customer: the natural person or legal entity that enters into an agreement with ROX Escape Experience;
D. Visitor: the natural person participating in activities and games organized by ROX Escape Experience;
E. Game: the game provided by ROX Escape Experience in which visitors are locked in a room as a team and must try to escape within a set time by solving puzzles;
F. Activity: an activity organized by ROX Escape Experience in which visitors participate;
G. Escape Room: the room where the game takes place;
H. Group Outing: a group outing booked through contact via email with ROX Escape Experience. The agreement for this outing is confirmed by approval of the quote provided by ROX Escape Experience;
I. Website: the website www.roxescape.nl managed by ROX Escape Experience, where the customer can make a reservation.

2. Identity of the Entrepreneur
Name of entrepreneur: Project Escape BV
Trading under the name: ROX Escape Experience
Business address: De Kolk 17, 6541 AV Nijmegen
Phone number: 024 – 202 4019
Email address: info@roxescape.nl
Chamber of Commerce number: 82438374
VAT number: NL.8624.71.011.B01

3. General
These terms and conditions apply to every offer, quotation, and agreement between ROX Escape Experience, hereinafter referred to as “ROX Escape Experience,” and a Visitor, to whom ROX Escape Experience has declared these terms and conditions applicable, unless explicitly and in writing deviated from by the parties.
These terms and conditions also apply to agreements with ROX Escape Experience, where third parties must be involved for the execution of the agreement by ROX Escape Experience.
The applicability of any purchasing or other terms and conditions of the Client is explicitly rejected.
ROX Escape Experience reserves the right to amend these general terms and conditions. The version of the general terms and conditions that was in effect at the time the agreement was concluded will apply, unless the customer has agreed to a new version of the general terms and conditions after the conclusion of the agreement.
If one or more provisions of these general terms and conditions are found to be wholly or partially void or unenforceable at any time, the remainder of the provisions in these general terms and conditions shall remain fully applicable. ROX Escape Experience and the Visitor will then consult to agree on new provisions to replace the void or unenforceable provisions, taking into account the purpose and intent of the original provisions as much as possible.
If ROX Escape Experience does not always enforce strict compliance with these terms and conditions, this does not mean that the provisions are not applicable, nor does it mean that ROX Escape Experience loses the right to enforce strict compliance with the provisions of these terms and conditions in other cases.

4. Quotes and Offers
All quotes and offers from ROX Escape Experience are non-binding, unless a deadline for acceptance is specified in the quote. If no acceptance deadline is specified, no rights can be derived from the quote or offer if the service to which the quote or offer relates is no longer available in the meantime.
ROX Escape Experience is not bound by its quotes/offers/emails/newsletters if the Visitor can reasonably understand that the quotes or offers, or any part thereof, contain an obvious mistake or typographical error.
The prices mentioned in a quote or offer are exclusive of VAT and other government levies, as well as any costs incurred in the context of the agreement, including travel and accommodation, shipping, and administrative costs, unless stated otherwise.
If the acceptance (whether or not on subsidiary points) deviates from the offer or quotation, ROX Escape Experience is not bound by it. The agreement will not be concluded according to this deviating acceptance unless ROX Escape Experience indicates otherwise.
A composite price quotation does not obligate ROX Escape Experience to perform part of the assignment for a corresponding portion of the stated price. Offers or quotes do not automatically apply to future orders.

5. Contract Duration; Execution Deadlines, Execution and Modification of Agreement; Price Increase
The agreement between ROX Escape Experience and the Visitor is concluded once:
The Visitor has agreed to the offer from ROX Escape Experience;
The Visitor has successfully completed the reservation process via the website; or
The Visitor has explicitly agreed to the offer from ROX Escape Experience in some other way, such as via email or by filling out a registration form.
If a specific deadline or time has been agreed for the execution of certain tasks, it is never a strict deadline or fatal time. If ROX Escape Experience is unable to meet the agreed time or deadline for significant reasons, ROX Escape Experience will do everything reasonably possible to agree on a new time or deadline for the execution of the services in consultation with the Client.
ROX Escape Experience will execute the agreement to the best of its knowledge and ability and in accordance with the standards of good workmanship. ROX Escape Experience always has an obligation of effort and never an obligation of result.
ROX Escape Experience has the right to have certain tasks performed by third parties. The applicability of Articles 7:404, 7:407 (2), and 7:409 of the Dutch Civil Code is explicitly excluded.
If tasks are performed by ROX Escape Experience or third parties engaged by ROX Escape Experience at the Visitor’s location or at a location designated by the Visitor, the Visitor is required to provide, free of charge, the reasonably necessary facilities for ROX Escape Experience.
The Visitor is responsible for ensuring that all data that ROX Escape Experience deems necessary, or that the Visitor should reasonably understand as necessary for the execution of the agreement, is provided to ROX Escape Experience in a timely manner. If the necessary data for the execution of the agreement is not provided to ROX Escape Experience on time, ROX Escape Experience has the right to suspend the execution of the agreement and/or charge the Visitor for any extra costs arising from the delay at the prevailing rates. The execution deadline will not begin until the Visitor has provided the necessary data to ROX Escape Experience.
If, during the execution of the agreement, it appears that it is necessary to change or supplement the agreement for proper execution, the parties will make adjustments to the agreement in a timely manner and through mutual consultation. If the nature, scope, or content of the agreement is modified, either at the request or instruction of the Visitor, the competent authorities, etc., and this leads to changes in the quality and/or quantity of the agreement, this may have consequences for the originally agreed terms. As a result, the originally agreed amount may increase or decrease. ROX Escape Experience will, as much as possible, provide a price estimate in advance. Furthermore, the originally specified execution time may be altered due to a change in the agreement. The Visitor accepts the possibility of modification of the agreement, including changes in price and execution time.
If the agreement is modified, including an addition, ROX Escape Experience is entitled to only begin execution once approval has been granted by the authorized person within ROX Escape Experience and the Visitor has agreed to the price and other conditions for execution, including the time at which execution will take place. Failure to immediately execute the modified agreement does not constitute a default on the part of ROX Escape Experience and does not entitle the Visitor to cancel or terminate the agreement.
Without being in default, ROX Escape Experience may refuse a request to modify the agreement if this could have qualitative and/or quantitative consequences, such as for the work to be carried out or the goods to be delivered.
If the Visitor fails to properly fulfill their obligations towards ROX Escape Experience, the Visitor will be liable for any damage that occurs directly or indirectly on the part of ROX Escape Experience as a result.
If ROX Escape Experience and the Visitor agree on a fixed fee or fixed price, ROX Escape Experience is nonetheless always entitled to increase this fee or price without the Visitor being entitled to terminate the agreement for this reason, if the increase in price results from an authority or obligation under law or regulation, or from a rise in the price of raw materials, wages, etc., or from other reasons that could not have been reasonably foreseen at the time the agreement was entered into.
ROX Escape Experience has the right to adjust its prices from time to time.

6. Cancellation, Suspension, Termination, and Interim Termination of the Agreement
The Visitor can cancel the activities of ROX Escape Experience within a certain period. This is possible in the following cases and under the following conditions:
A. One or more Escape Rooms reserved via the ROX Escape Experience website:
A single escape room can be canceled free of charge up to 48 hours before the appointment (2 days).
Two escape rooms can be canceled free of charge up to 96 hours before the appointment (4 days).
Three escape rooms can be canceled free of charge up to 120 hours before the appointment (5 days).
Within the cancellation period, cancellation of the escape rooms is no longer possible. However, rescheduling the appointment is possible. The cost for rescheduling is €45 per escape room.
Cancellations or changes can be made by sending an email to info@roxescape.nl, including the name, date, and time of the escape room you wish to cancel or reschedule.
If the visitor fails to appear for the appointment, the full invoice amount will be charged.
B. For group outings at ROX Escape Experience, the following conditions apply:
The group outing can be canceled free of charge up to 28 days before the event.
If canceled within 28 days, 25% of the offer price will be charged.
If canceled within 10 days, 50% of the offer price will be charged.
The final number of participants for the group outing must be confirmed no later than 10 days before the event. If fewer participants show up, no reduction in price will be applied. However, additional participants will be charged.
ROX Escape Experience has the right to suspend the performance of the obligations or terminate the agreement if the Visitor fails to meet their obligations under the agreement, or if circumstances arise after the conclusion of the agreement that reasonably lead ROX Escape Experience to fear that the Visitor will not fulfill their obligations. If the Visitor was requested to provide security for the performance of their obligations and this security is not provided or is insufficient, or if due to the Visitor’s delay it is no longer reasonable to demand that ROX Escape Experience fulfill the agreement under the originally agreed conditions, ROX Escape Experience may suspend or terminate the agreement.
Furthermore, ROX Escape Experience is entitled to terminate the agreement if circumstances arise that make it impossible to execute the agreement or if there are other circumstances that make it unreasonable to continue the agreement unchanged.
If ROX Escape Experience suspends or terminates the agreement, it is in no way obligated to compensate for any damage or costs arising from this.
If the termination is attributable to the Visitor, ROX Escape Experience is entitled to compensation for the damage, including costs, directly or indirectly incurred as a result.
If the Visitor fails to fulfill their obligations under the agreement, and this non-performance justifies termination, ROX Escape Experience has the right to immediately terminate the agreement without any obligation to pay compensation, while the Visitor, due to default, will still be required to compensate for damages or indemnification.
If the agreement is terminated by ROX Escape Experience during its execution, ROX Escape Experience will, in consultation with the Visitor, ensure that the remaining work is transferred to third parties, unless the termination is attributable to the Visitor. If the transfer of work results in additional costs for ROX Escape Experience, these will be charged to the Visitor. The Visitor is required to pay these costs within the specified period, unless ROX Escape Experience indicates otherwise.
In the event of liquidation, an application for suspension of payments or bankruptcy, seizure—if the seizure is not lifted within three months—against the Visitor, debt restructuring, or any other situation that prevents the Visitor from freely disposing of their assets, ROX Escape Experience has the right to immediately terminate the agreement or cancel the order without any obligation to pay compensation. In this case, all claims of ROX Escape Experience against the Visitor become immediately due and payable.

7. Force Majeure
ROX Escape Experience is not obligated to fulfill any obligation towards the Visitor if they are hindered from doing so due to a circumstance that is not attributable to fault, and which does not fall under the law, legal actions, or generally accepted views of liability.
Force majeure, as defined in these terms and conditions, includes, in addition to what is understood by this in law and case law, all external causes, whether foreseen or unforeseen, that ROX Escape Experience cannot influence, but that prevent ROX Escape Experience from fulfilling its obligations. Strikes and sickness in the company of ROX Escape Experience or its third parties are also included. ROX Escape Experience also has the right to invoke force majeure if the circumstance that prevents (further) performance of the agreement occurs after ROX Escape Experience should have fulfilled its commitment.
ROX Escape Experience may suspend its obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, either party is entitled to terminate the agreement, without the obligation to compensate the other party for any damage.

8. Payment and Collection Costs
The agreement made via the website can be paid in the following ways:
Via iDEAL;
Via credit card;
Via Bancontact;
Via signing of an offer (in the case of a business agreement)
Payment must be made at the time of delivery of the services or, at the discretion of ROX Escape Experience, within 14 days of the invoice date. ROX Escape Experience is entitled to issue periodic invoices.
If the Visitor fails to pay an invoice on time, they are automatically in default. The Visitor is then liable to pay interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate applies. The interest on the due amount will be calculated from the moment the Visitor is in default until the moment the full amount due is paid. If the Visitor is a consumer, they are only in default after being formally notified of the default by ROX Escape Experience.
ROX Escape Experience has the right to apply any payments made by the Visitor first towards costs, then towards accrued interest, and finally towards the principal sum and ongoing interest. ROX Escape Experience can, without being in default, refuse a payment offer if the Visitor specifies a different order for the allocation of the payment. ROX Escape Experience can refuse full repayment of the principal if this does not also cover the accrued and ongoing interest and collection costs.
The Visitor is never entitled to offset any amount owed to ROX Escape Experience. Objections to the amount of an invoice do not suspend the payment obligation. The Visitor who does not have recourse to Section 6.5.3 (Articles 231 through 247 of Book 6 of the Dutch Civil Code) is also not entitled to suspend the payment of an invoice for any other reason.
If the Visitor is in default with the timely performance of their obligations, all reasonable costs for obtaining satisfaction outside of legal proceedings are at the expense of the Visitor. The extrajudicial costs are calculated based on what is customary in Dutch collection practice, currently the calculation method according to Report Voorwerk II. However, if ROX Escape Experience has incurred higher collection costs that were reasonably necessary, the actual costs will be eligible for reimbursement. Any court or enforcement costs incurred will also be charged to the Visitor. The Visitor will also owe interest on the collection costs.

9. Rules for Participation
A minimum age of 16 years applies for participation in activities at ROX Escape Experience. For individuals under the age of 16, participation is allowed as long as they are accompanied by at least one adult.
ROX Escape Experience reserves the right to exclude a Visitor or a member of the Visitor group from participation in activities and games due to undesirable behavior and/or repeated failure to follow instructions from ROX Escape Experience, without any right to a refund.
Participation in activities at ROX Escape Experience under the influence of alcohol or drugs is prohibited, and ROX Escape Experience can exclude the Visitor from participation for this reason, without any right to a refund.
No rights can be derived from any prizes to be won in activities, and these prizes are not redeemable for money.
There is only a maximum playing time for an activity at ROX Escape Experience, and no minimum playing time. No rights can be derived from the results and outcomes of the activities.

10. Complaints
Complaints should, as much as possible, be reported in writing to ROX Escape Experience.
ROX Escape Experience will address all complaints and, if necessary, provide a response within a reasonable period.
Submitting a complaint does not suspend the Visitor’s payment obligation.

11. Liability
If ROX Escape Experience is liable, such liability is limited to what is stipulated in this provision.
Participation in the activities of ROX Escape Experience is entirely at the participant’s own risk. The Visitor and any participant in the activities of ROX Escape Experience warrant that their physical health and condition are sufficient to participate in physical activities and games.
The Visitor is personally liable for any damage caused to themselves or to third parties during an activity or game. ROX Escape Experience can never be held liable for any injuries, wounds, fractures, or other physical harm during participation in the escape room or any other space of ROX Escape Experience, unless there is a legal liability on the part of ROX Escape Experience that cannot be excluded. Participation in an activity or game is entirely at the participant’s own risk.
ROX Escape Experience is not liable for any damage of any kind caused by ROX Escape Experience relying on incorrect and/or incomplete information provided by the Visitor or on their behalf.
ROX Escape Experience is also not liable for damage caused by the Visitor’s failure to follow the instructions, safety rules, house rules, and/or game rules of ROX Escape Experience or its employees.
ROX Escape Experience is not liable for the loss, damage, or theft of the Visitor’s clothing or other belongings (e.g., when using lockers).
If ROX Escape Experience is liable for any damage, its liability is limited to a maximum of the invoice value of the order, or that part of the order to which the liability relates.
ROX Escape Experience’s liability is always limited to the amount covered by its insurance policy, if applicable.
ROX Escape Experience is only liable for direct damage.
Direct damage is understood to mean only the reasonable costs for determining the cause and extent of the damage, as long as the determination concerns damage within the meaning of these conditions, the reasonable costs incurred to bring ROX Escape Experience’s defective performance into line with the agreement, to the extent that these can be attributed to ROX Escape Experience, and reasonable costs incurred to prevent or limit damage, to the extent that the Visitor can demonstrate that these costs led to the limitation of direct damage as defined in these general terms and conditions. ROX Escape Experience is never liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business interruption.
The limitations of liability in this article do not apply if the damage is caused by intent or gross negligence by ROX Escape Experience or its senior employees.
If the Visitor fails to properly fulfill their obligations towards ROX Escape Experience, acts in violation of the law, or commits an unlawful act against ROX Escape Experience, the Visitor is liable for all damage caused to ROX Escape Experience, either directly or indirectly.

12. Indemnity
The Visitor indemnifies ROX Escape Experience against any claims from third parties who suffer damage in connection with the execution of the agreement, where the cause of such damage is attributable to someone other than ROX Escape Experience. If ROX Escape Experience is approached by third parties on this basis, the Visitor is required to assist ROX Escape Experience both outside and in legal proceedings and to take all necessary actions that may be expected of them in such cases. If the Visitor fails to take adequate measures, ROX Escape Experience is entitled, without a formal notice of default, to take such measures themselves. All costs and damages incurred by ROX Escape Experience and third parties as a result will be entirely at the Visitor’s expense and risk.

13. Intellectual Property
ROX Escape Experience retains the rights and powers granted to it under the Copyright Act and other intellectual property laws and regulations. ROX Escape Experience has the right to use the knowledge gained through the execution of an agreement for other purposes, as long as no strictly confidential information from the Visitor is shared with third parties.
All materials, equipment, tools, and information used in the execution of the activities are confidential and remain the property of ROX Escape Experience.
The Visitor must always keep solutions to puzzles in the game or activity, and other game elements that lead to escaping from the escape room, confidential and may not (online) publish or otherwise disclose them.
Taking photos, videos, and/or sound recordings during the game or activity is not permitted.

14. Applicable Law and Disputes
Dutch law exclusively applies to all legal relationships in which ROX Escape Experience is a party, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship resides abroad.
The court in the location of ROX Escape Experience’s establishment is exclusively competent to hear disputes, unless mandatory law prescribes otherwise. Nevertheless, ROX Escape Experience has the right to submit the dispute to the court that has jurisdiction according to the law.
The parties will first attempt to settle a dispute through mutual consultation before resorting to legal action.

15. Amendment of Terms
The most recently deposited version or the version that was applicable at the time of the formation of the legal relationship with ROX Escape Experience will always apply.
The Dutch text of the general terms and conditions is always decisive for their interpretation.