Article 1: General
1. These general conditions form an inseparable part of and are applicable to all offers and agreements concerning booked (group) activities (excluding entrance tickets) and catering services of Safari Resort Exploitatie B.V, Aviodrome Exploitatie B.V., Beekse Bergen Exploitatie B.V., Dierenpark Overloon Exploitatie B.V., De Buitenjan Exploitatie B.V., Dierenrijk Europa Exploitatie B.V., Aqua Zoo Friesland Exploitatie B.V., or Vrijetijdspark Dierenbos Exploitatie B.V., hereafter to be referred to individually as: 'Libéma'.
2. In these conditions, 'activities' means: all activities booked by the guest at the park in question, excluding entrance tickets and excluding purchased catering.
3. Deviation from the provisions of these general conditions can only be made in writing with the written consent of the General Manager of the Libéma park in question. Libéma reserves the right to amend these general conditions.
Article 2: Receipt of booking confirmation and payment
1. By fully and correctly completing and concluding the booking procedure on the Libéma park website, the agreement to book an activity and/or catering service between you and Libéma comes into effect immediately. In the case of a booking request by telephone or by e-mail, the agreement comes into effect upon receipt of the written, including e-mail, booking confirmation sent by Libéma.
2. The applicable method of payment follows from the booking confirmation. Libéma uses various payment options, including Visa, Mastercard, iDEAL and bancontact. Depending on the activity and/or catering service booked by you, one of the following payment methods applies, at Libéma's discretion:
- On-site payment on the day the activity and/or catering service is performed. -
Online directly upon booking
- On invoice where payment must be made within the payment term stated on the invoice
- Subsequently based on subsequent calculation
3. Each booking confirmation has a unique booking number and a validity date and time. Outside this date and time, the booking is not valid. On expiry of the validity date and time stated on the booking confirmation, the entitlement to any unused parts of a booking expires. Booking confirmations are not extended.
4. Resale, use for commercial purposes and/or counterfeiting of a booking confirmation is not permitted.
5. Libéma uses the payment services of Mollie B.V. (hereinafter: 'Mollie')
for the sale and payment of the activities it offers. Mollie processes the online payment for Libéma.
Article 3: Access with booking confirmation
1. A booking confirmation must be printed in good quality on paper (colour or black and white) or displayed legibly on the screen of a mobile phone or tablet. At the request of a Libéma employee, the booking confirmation must be shown.
2. If, in the opinion of Libéma, the booking confirmation is not legible, it does not entitle you to access to the park and/or the activity booked by you. Libéma is in such a situation not obliged to any compensation for damage and/or costs.
Article 4: Filling in data
1. You are personally responsible for filling in and/or passing on your details correctly and completely when booking your desired activity and/or catering service. Providing incorrect or incomplete data may result in the booking confirmation you desire not being sent. In such a situation Libéma is not liable for any compensation for damage and/or costs.
Article 5: Cancellation - modification
1. If you unexpectedly wish to terminate the booked activity and/or the catering service prematurely by giving notice ("Cancellation"), you shall be liable to pay a cancellation fee. The amount of this cancellation compensation is described in paragraphs 5, 6 and 7 of this article and depends on the total value of the booking and the period between the moment the cancellation reaches Libéma and the start of the booked activity and/or catering service.
2. If you only cancel part of the booked activity and/or catering service, the compensation stipulated in paragraph 5, paragraph 6 and paragraph 7 of this article shall apply pro rata to the cancelled parts.
3. Cancellation of the activity and/or catering service booked by you must be done in writing, which is understood to mean by e-mail. The date of receipt of the cancellation by Libéma shall determine the cancellation fee payable by you.
4. Different conditions apply for the cancellation of activities than for the cancellation of catering services.
5. The cancellation fee for activities is as follows:
Total value of the cancelled activity less than €20
- If the total value of an activity booked for a specific date is an amount below €20 (say: twenty euros), no cancellation can take place and any outstanding amount is and will remain due. No refund will be made.
Total value from €20,-- -
If the total value of the booking is more than €20,-- (in words: twenty euros), no costs will be charged for a cancellation taking place more than 10 working days before the booked date.
- If the cancellation occurs within 10 to 5 working days before the booked date, 10% of the price stated in the confirmation for the booked activities will be charged.
- If the cancellation occurs within 5 working days to 48 hours before the booked date, 50% of the price stated in the confirmation for the booked activities will be charged. - If
the cancellation occurs within 48 hours before the booked date, 100% of the price stated in the confirmation for the booked activities will be charged.
6. The cancellation fee for catering services is as follows:
- Up to 10 working days before the booked date, it is possible to cancel booked catering services in full or in part free of charge.
- From 10 to 6 working days before the booked date, 50% of the price stated in the confirmation for the booked catering services is due.
- From 5 working days before the booked date, it is not possible to cancel free of charge. In that case, 100% of the price listed in the confirmation for the booked catering services is due.
7. The possibility of being able to change
the number of participating guests depends on the activity booked. It is at Libéma's discretion whether changes can be made. In principle, the following applies:
- Up to 5 working days before the booked date of the activity and/or catering service, it is possible in writing to adjust the number of guests downwards by a maximum of 5%. The costs will then be adjusted pro rata.
- Booking extra guests within 5 working days before the booked date is only possible on request and subject to sufficient availability.
8. If you wish to change the type of activity agreed, Libéma will check whether this is possible and what additional costs will be charged. You cannot derive any rights from your booking confirmation regarding other, non-agreed activities and/or catering services. These are only agreed upon after receipt of a new booking confirmation.
9. If you do not use the booked activities and/or catering services and do not cancel in advance, the full costs will be charged at all times.
10. Entrance tickets purchased for the purpose of an activity and/or catering service cannot be cancelled.
11. We will provide you with an invoice for the cancellation fee due. The cancellation fee must be paid by you within the payment term stated on the invoice.
12. Libéma has the right to cancel (cancel) the booked activities and/or catering services with immediate effect due to what it deems to be an important reason including but not limited to measures in the interest of the animals. In this situation, Libéma will refund payments already received, unless the reason for cancellation is due to an act or omission by the booker. In such a situation, Libéma is not obliged to pay any compensation for damages and/or costs.
Article 6: Cancellation of children's parties
1. Different cancellation conditions apply to children's parties.
2. Up to 48 hours before the start of the children's party, it can be cancelled free of charge (including entrance tickets). Within 48 hours before commencement, the full amount is due.
Article 7: Technical Failure
1. Libéma is not liable for the damage you suffer in the event that your booking cannot be completed, processed and/or authorised correctly or on time due to a technical failure of any kind. Libéma is not liable to pay any compensation for damages and/or costs in such a situation.
Article 8: Park regulations
1. The agreement to book an activity and/or catering services is subject to the park regulations of the Libéma park in question, in addition to these general terms and conditions for booked activities and catering services. By entering the park, you declare that you agree to these park regulations. Libéma reserves the right to modify the park regulations.
Article 9: Liability
1. Libéma is not liable for damage, of whatever nature, suffered by you or a third party, in connection with the booked activities and/or catering services, unless there is damage which is a direct consequence of Libéma's failure to fulfil the agreement, or failure to fulfil it on time or properly, and only if there is intent or gross negligence on the part of Libéma. Libéma shall never be liable for consequential damages.
2. In the event of liability of Libéma, this shall at all times be limited to compensation of direct damages and compensation shall never exceed the amount paid out in the relevant case under Libéma's liability insurance plus the amount of the excess. Libéma shall in no case be liable for consequential damages such as possible loss of profit.
3. The main booker expressly indemnifies Libéma against (damage) claims of third parties.
Article 10: Processing of personal data
1. Libéma shall process your personal data with care and shall comply with the laws and regulations for the protection of personal data. The data provided by you during the booking procedure will be processed by us, inter alia, to execute the agreement between you and Libéma and to comply with our legal obligations. Without this personal data, your booking may be delayed or made impossible and your order may be cancelled. The data you provide will be kept as long as necessary for, among other things, the purpose described above. The processing of personal data is subject to the Privacy Statement of the Libéma park in question.
2. For payment of your booking, Libéma uses the payment services of Mollie. Mollie is the data controller in this respect. Mollie's privacy statement applies to the processing of personal data by Mollie.
3. If you have any questions about the processing of your personal data or wish to view, amend or have this data deleted, a visit to the park, your booking confirmation, about e-tickets, these general terms and conditions and/or the park regulations, you can contact the Contact Center by telephone on telephone number 088-9000360 (Monday to Friday from 8:30 - 17:30 and Saturday from 9:00 - 17:00), or send an e-mail to info@libemafunfactory.nl.
Article 11: Force majeure
1. Libéma is not bound to fulfil its obligations arising from the booking confirmation if it is prevented from doing so as a result of force majeure. Force majeure on the part of Libéma means any circumstance outside Libéma's direct sphere of influence which prevents or hampers the normal performance of the booking confirmation, such as, inter alia: strike, government measures, failure of third parties to perform (on time or in full), etc. Libéma shall in such case not be obliged to compensate damage and/or costs.
Article 12: Conversion
1. If an article or part of an article of these general terms and conditions is destroyed or found to be null and void, the general terms and conditions shall remain intact and applicable for the remainder.
Article 13: Applicable law and choice of forum
1. All agreements, in whatever form, and these general terms and conditions shall be governed by Dutch law.
2. Unless another court is competent on the basis of mandatory law, only the competent court in the district of Oost - Brabant is competent to adjudicate disputes between the parties.