TERMS AND CONDITIONS of:
Bookaball Exploitation BV, trading as bookaball
Egelenburg 2 - 1081 GK - Amsterdam
Chamber of Commerce No. 89584945
Email [email protected]
Art. 1 APPLICABILITY
1.1 These Terms and Conditions apply to the bookaball service, hereinafter referred to as the ‘Service’, which consists of providing a reservation system for the benefit of the party renting a court, hereinafter referred to as the ‘Tenant’, to the person who wishes to avail of this service from the Tenant, hereinafter referred to as the ‘Player’.
1.2 If translations of these Terms and Conditions are in use, the version in the Dutch language prevails over the version(s) in another language.
Article 2 OBLIGATIONS BOOKABALL
2.1 Bookaball makes its platform available to Player and Tenant with the Service, enabling the Player to reserve and pay for one or more services or products from the Tenant. The obligation of bookaball consists of making the platform available to Player and Tenant, receiving and processing the reservation, receiving the payment involved by the Player, communicating the Player’s reservation to the Tenant, and making the payment made by the Player available to the Tenant. These Terms and Conditions only provide rules regarding this relationship between Bookaball and the Player.
2.2 Thus, through bookaball’s platform, an agreement is formed between Player and Tenant, hereinafter referred to as ’the Agreement’. Bookaball only mediates and is not a party to this Agreement. This means that the Player can direct a complaint concerning the quality of the Agreement or a damage claim resulting from the Agreement solely to the Tenant.
Article 3 OBLIGATIONS PLAYER
3.1 The Player, after registration, obtains the right to use the platform and reserve the desired services or products from the Tenant. The Player undertakes to carry out their registration correctly and truthfully and will not abuse or use their registration and/or bookaball’s platform improperly.
3.2 The Player is immediately and legally in default if they do not fully or partially comply with any obligation arising from this Agreement. In that case, as well as if Bookaball anticipates that a Player may not meet their obligations, bookaball has the right to take appropriate measures. These may include limiting the Player’s access to the platform and/or suspending its obligations towards the Player, without any obligation to compensate for damages.
Article 4 THE AGREEMENT BETWEEN PLAYER AND TENANT
4.1 The Agreement between Player and Tenant is formed according to the method described in the Tenant’s Terms and Conditions.
4.2 Within twenty-four (24) hours after an (online) reservation, the Player receives an email with a booking confirmation, which serves as proof of booking. The Player is obliged to check the booking confirmation and immediately notify the Tenant in writing of any errors in this reservation.
4.3 The Player owes the price stipulated in the Agreement for the reservation. This is prepaid through the bookaball platform using the common payment methods used by bookaball.
4.4 Tenant may request an additional fee on the spot for any additional services.
4.5 All accounts, including accounts for cancellation or No-Show, are due by the Player at the moment they are presented to him.
4.7 Notwithstanding provisions of mandatory law, the Player does not have the right to suspend or offset his payment obligations towards the Tenant.
4.8 Complaints of any nature concerning the execution by the Tenant of an Agreement do not suspend the Player’s payment obligation and can only be brought to the Tenant’s attention in writing.
Article 5 CANCELLATION BY THE PLAYER
5.1 Cancellation by the Player must be made via bookaball’s platform and is subject to the Tenant’s terms and conditions. The applicable terms depend on the Tenant for whom the reservation was made and can therefore vary. The Player can derive no rights from a verbal cancellation.
5.2 In all cases of non-appearance without timely cancellation, the Player is obliged to pay for the agreed service.
Article 6 COMPLAINTS
6.1 Any deficiencies in the operation or billing of the Service provided by bookaball must be brought to bookaball’s attention in writing by the Player within two working days after delivery. If not, bookaball has the right to not process any claims regarding this. The Player can no longer assert any rights if the notification is later than two working days.
6.2 Bookaball will handle submitted complaints adequately and inform the Player about the resolution.
Article 7 LIABILITY
7.1 Bookaball can only be liable for defects in the Service provided by her, insofar as the defects are her fault, and the Player suffers damage as a result. Bookaball’s liability is in all cases limited to direct damage and up to the amount to which bookaball’s business liability insurer provides coverage in the particular case. If this insurer does not provide coverage for any reason, bookaball’s liability is limited to the amount involved in the particular reservation from which the damage arose.
7.2 Bookaball is never liable for damage suffered by the Player as a result of a cause attributable to the Tenant or to the Player. Bookaball refers in this regard to possible exclusions or limitations of the Tenant’s liability in its Terms and Conditions. The Player is aware that participation requires good health and declares that they meet this requirement and that they have sufficiently prepared for the activity(s) in which they participate through training or otherwise. The Player plays at their own risk.
Article 8 FORCE MAJEURE
8.1 Bookaball is not liable for damage resulting from force majeure. Force majeure includes all foreseeable or unforeseen circumstances that are beyond bookaball’s control, including but not limited to: (a) weather conditions, (b) problems with and/or severe disruptions from suppliers such as utility companies, (c) failure to deliver necessary materials by third parties, (d) strikes, (e) absenteeism of staff due to illness, (f) Pandemic/epidemic, etc.
8.2 In the event of force majeure, bookaball has the option to suspend its obligations until the force majeure situation has ceased to exist, or to terminate the agreement wholly or partially. In both cases, the Player has no right to any compensation. If the force majeure period lasts longer than thirty (30) days, the Player is also entitled to terminate the Agreement partially (for the future), provided that the Tenant is entitled to send an invoice for the Services already rendered.
Article 9 PROCESSING OF PERSONAL DATA
9.1 Bookaball uses the obtained personal data of the Player for the execution of its Service. To this end, it provides the Player’s personal data to the Tenant. Both bookaball and the Tenant are regarded as the Data Controller regarding the Player, as referred to in the GDPR.
9.2 Regarding the manner of processing personal data of the Player by bookaball, she refers to her privacy statement. Bookaball will keep a processing register in which all possible breaches are recorded.
Article 10 AMENDMENTS
10.1 Bookaball is authorized to make changes to these Terms and Conditions at any time.
10.2 In case of nullity or annulment by the Player of one or more provisions of the Terms and Conditions, the remaining provisions of the Terms and Conditions remain fully applicable to the Agreement. The parties will consult to replace a null or annulled provision of the Terms and Conditions with a provision that is valid and non-annullable and that corresponds as much as possible to the purpose and scope of the null or annulled provision.
Article 11 APPLICABLE LAW AND COMPETENT COURT
11.1 These Terms and Conditions are governed by Dutch law.
11.2 All disputes of any nature whatsoever that arise between bookaball and the Player as a result of the Service provided by bookaball will be exclusively settled by the Court of Noord-Holland, location Amsterdam.