TERMS & CONDITIONS
1.1. In these Terms & Conditions (as defined hereafter), the following capitalized terms have the meaning as specified hereafter.
Child Visitor: a Visitor in the age of 10 or younger;
Clause: a clause of these Terms & Conditions;
Customer: a Visitor or anyone using the WONDR website (including the ticket shop and web shop) and/or the Experience store or any other person entering into an agreement with WONDR;
Entrance Ticket: a ticket available for purchase pursuant to which a Visitor is allowed entrance to the Experience;
Experience: all venues, including the “WONDR Experience”, “Pink Beach” and “Roller Dreams”, located at Meeuwenlaan 88 in Amsterdam, operated by or on behalf of WONDR;
Terms & Conditions: these terms and conditions for the WONDR Experience;
Parties: WONDR and the Customer together;
Proof of Admission: either an Entrance Ticket or any other proof of admission similar thereto (for example a personal invitation) pursuant to which a Visitor is allowed entrance to the Experience;
Underaged Visitor: a Child Visitor or Young Visitor;
Visitor: anyone visiting the Experience, with or without a valid Proof of Admission;
WONDR: WONDR B.V.;
Young Visitor: a Visitor in the age of 11 up to and including 13 years old.
1.2. Headings and sub headings are for convenience only and shall not affect the interpretation of these Terms & Conditions.
1.3. A reference in these Terms & Conditions to ‘he’ or ‘his’ may also mean ‘she’ or ‘her’ if the context so requires.
- Applicability Terms & Conditions
These Terms & Conditions are applicable to all Visitors of the Experience and to any agreements between WONDR and a Customer.
- Admission to the Experience
3.1. Only upon presentation of a valid Proof of Admission is the Visitor authorized to enter the Experience.
3.2. Young Visitors are welcome in the Experience during all opening hours and must at any time be accompanied by at least one adult supervisor per group. Unaccompanied Young Visitors may be refused (further) admission to the Experience.
3.3. Child Visitors are only welcome in the Experience during Kids Time and must at any time be accompanied by at least one adult supervisor per Child Visitor. Unaccompanied Child Visitors (for the avoidance of doubt, this includes groups of Child Visitors that are accompanied by fewer adult supervisors than one per each individual Child Visitor) may be refused (further) admission to the Experience.
3.4. The opening hours of the Experience are communicated by WONDR through its website www.wondrexperience.com and/or through other means of advertising and/or direct communication by or on behalf of WONDR. Any (incorrect) publication of opening hours of the Experience is not for the risk and account of WONDR and cannot be relied upon by the Visitor. The aforementioned opening hours may, to the sole discretion of WONDR, be changed at any time and without any prior communication in that regard, without the Visitor being entitled to a refund of the price for the Entrance Ticket. If due to the change in opening hours the Visitor is unable to visit the Experience on the day for which the Entrance Ticket is valid, the Entrance Ticket may be exchanged for an Entrance Ticket valid for another day.
- Entrance Tickets
4.1. The prices for Entrance Tickets are communicated by WONDR through its website www.wondrexperience.com and/or through other means of advertising and/or direct communication by or on behalf of WONDR. The aforementioned prices may, to the sole discretion of WONDR, be changed at any time and without any prior communication in that regard. Any (incorrect) publication of prices for Entrance Tickets by third parties is not for the risk and account of WONDR and cannot be relied upon by the Visitor. 4.2. Entrance Tickets are only available for purchase on the website www.wondrexperience.com or with an official reseller of WONDR.
4.3. WONDR does not, unless stated otherwise in these Terms & Conditions, have any obligation to refund or exchange any unused Entrance Ticket, nor does the Visitor have a right to a refund or any other compensation for a lost or stolen Entrance Ticket.
- Experience Rules
5.1. In the Experience, the Visitor is obliged to conduct himself in conformity with the public order and common decency and, for the avoidance of doubt, with these Terms & Conditions. Furthermore, the Visitor is obliged to comply with any directions and instructions given by the persons identifiable as WONDR staff. If, at the discretion of the WONDR staff, the Visitor acts in any way in violation of the aforementioned in this Clause 5.1, he may be refused (further) admission to the Experience without having any right to compensation for any damages or any refund of the Entrance Ticket or other Proof of Admission.
5.2. Only (hand)bags or luggage small enough to fit into the locker facilities provided may be taken into the Experience building. Only phones and cameras may be taken inside the exhibition area of the Experience. Bags are not allowed inside the exhibition area of the Experience, unless the Visitor requires baby and/or medical supplies. The decision on which items may or may not be taken into the Experience building and/or the exhibition area of the Experience is at the sole discretion of the WONDR staff. The Visitor acknowledges and agrees that WONDR is not in any way responsible for damage to or loss of any item left by the Visitor.
5.3. The Visitor acknowledges and agrees that the WONDR staff may request the Visitor to have his (hand)bag or luggage inspected for security reasons and that the Visitor has the obligation to comply with such request.
5.4. Visitors are encouraged to take pictures or shoot video inside the Experience for personal use, provided that only mobile phones or DSLR/compact cameras are used. Additional accessories such as tripods, lamps, flashes and any other professional (video) equipment are not allowed inside the Experience and may not be used without the prior written approval of WONDR.
5.5. Commercial photoshoots, creation of any and all commercial/branded material, press interviews, media shoots and the use of any professional video equipment are not permitted without prior written approval from and accompaniment by (a representative of) WONDR. Any commercial/branded material captured or released without written approval remains property of WONDR and must be treated as such. Publishing of the aforementioned unauthorized material by commercial entities shall be met with legal action.
5.6. The Experience is a non-smoking area: smoking is not permitted anywhere in the Experience building.
5.7. Eating and/or drinking in the Experience is only permitted in the designated areas. Consuming drinks and/or food brought by the Visitor from outside of the Experience is not permitted.
5.8. No animals of any kind are permitted inside the Experience building, with the exemption of official guide dogs.
- WONDR Store
6.1. WONDR sells merchandise and other products in the WONDR store inside the Experience and online through its website www.wondrexperience.com.
6.2. Any item as referred to in Clause 6.1 purchased by a Customer in the WONDR Store inside the Experience may, within 14 days after purchase, be exchanged in the WONDR Store upon production of a receipt or other proof of payment, if and insofar as the purchased item is in any way defective or faulty.
6.3. The general terms and conditions of Thuiswinkel apply to all (online) distance agreements between WONDR and the Customer. This concerns in particular the right of withdrawal, method of payment, shipping costs, dispute resolution and other conditions.
- Visitor’s Liability
7.1. The Visitor is liable vis-à-vis WONDR for any damage caused by him. Each member of a group of Visitors is jointly and severally liable vis-à-vis WONDR for damage caused by (a member of) the group.
7.2. Adult supervisors of Underaged Visitors are responsible for the behaviour of the Underaged Visitors they are accompanying and may be held liable by WONDR for any damage cause by those Underaged Visitors.
- WONDR’s Liability
8.1. Entrance to the Experience is at the Visitor’s own risk and account. WONDR is not liable for any damage sustained by the Visitor, except in the event of an attributable failure by WONDR to fulfil its agreement with the Customer in which case WONDR shall only be liable for any direct damages incurred by the Customer due to such attributable failure. 8.2. Direct damages as mentioned in Clause 8.1 are:
a. Reasonable costs for the determination of the cause and extent of the damage; and
b. Reasonable costs made for the prevention or limitation of the damage, if and insofar as the Customer is able to prove such costs have actually led to a limitation of the damage.
8.3. WONDR is not liable for any indirect or consequential damages incurred by the Customer, which includes immaterial damages.
8.4. Any liability of WONDR is furthermore limited to either of the following: (i) any amount paid out to WONDR by its insurance company with respect to the Visitor’s damage; or (ii) any amount paid to WONDR by a third party with respect to the Visitor’s damage.
8.5. The limitation of liability of this Clause 8 cannot be invoked by WONDR if and insofar as the relevant damages are a result of WONDR’s wilful intent or gross negligence, including wilful intent and gross negligence by a director of WONDR. The aforementioned in this Clause 8.5 explicitly does not apply in the event of wilful intent or gross negligence of (an) employee(s) of WONDR.
- Privacy and Intellectual Property
9.2. The Visitor acknowledges and agrees that WONDR may take photos and shoot videos (on which the Visitor may be visible) within the Experience for publicity and/or commercial purposes, which photos and video footage shall be the (intellectual) property of WONDR.
9.3. The Visitor may take photos or shoot videos in the Experience for personal use only. The Visitor acknowledges and agrees that any photo or video footage from within the Experience made public (for example on social media) by the Visitor is the intellectual property of WONDR and may be used by WONDR for publicity and/or commercial purposes.
Any complaints by the Customer may be submitted to WONDR via email ([email protected]). The Visitor may also turn to the entrance desk of the Experience and request a complaint form, which may be submitted to the entrance desk directly or via email (to the aforementioned email address).
- Applicable Law and Jurisdiction
11.1. Any agreements between WONDR and the Customer and these Terms & Conditions are construed in accordance with and subject to Dutch law.
11.2. Any dispute arising out of or in connection with an agreement between WONDR and the Customer and/or these Terms & Conditions shall, in first instance or in summary proceedings (kort geding), be exclusively submitted to the competent court of Amsterdam, the Netherlands.
- Closing Provision
If and insofar as one or more Clauses of these Terms & Conditions should at any time be, in whole or in part, be null and void (nietig) or nullified (vernietigd), then the other Clauses of these Terms & Conditions shall continue to have undiminished effect.