Playside Terms and Conditions

Playside is a trade name of Raqueta B.V.

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Article 1 - Definitions

Let's start with some terms so that we're all on the same wavelength.

• Offer/Offer (s): Any offer we make to close a deal.
• Cancellation: If you decide to cancel your scheduled activity within 24 hours of your scheduled activity, or if we do the same.
• Consumer customer (s): Just you and me, people who don't act commercially.
• Services: Everything we can do for you, including food and drink, wellness, padel and other sports activities.
• Service agreement: Simply an agreement between us for one or more of our services.
• Invoice value: The total amount that you owe us.
• Holidays: Holidays that everyone knows about.
• Guest (s): You or your group of friends who will use our services.
• Goods: Stuff and money.
• Customer (s): Including you as a consumer and companies that work with us.
• Purchase agreement: When you buy something from us, such as products.
• No-Show: If you make a reservation but don't show up without canceling it.
• Agreement (s): Agreements that we make with you.
• Products: Things that we sell, like sports gear.
• Providing Services: Just what we do - offering services.
• Business Customer (s): Companies that close a deal with us.
• Sequences: A series of lessons or job rentals that you pay in advance.
• Article titles: Just for reference, no legal value.
• Language: When we say “you,” we mean you, and when we say “we,” we mean us.

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Article 2 - Applicability of the General Terms and Conditions

• These rules apply to everything we offer and agree to, and also apply to future deals, unless we decide otherwise together.
• If you have your own rules, we say no to them unless we agree in writing.
• If there is a problem with one of our rules, the others will remain in effect.
• House rules are also part of our deal, so read them carefully!

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Article 3 - Reservations and conclusion of service agreements

• If you want to do something with us, you must let us know in time via the site, phone or email.
• Once we confirm your reservation or start executing, the deal is complete.
• We'll send you an email confirming your reservation, and you'll need to make sure everything is correct.
• If you want to change something, let us know.
• Our offers are non-binding and apply as long as we have enough capacity.
• Our images and descriptions are intended as an indication, not an exact representation.
• We do not provide options unless agreed in writing.
• We can reject/move (made) reservations if this is necessary for our company. For example, in the case of (company) events. We will then consult with you for an alternative.

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Article 4 - Settlement and payment

• You pay the price that applies when we provide the services.
• Extra services cost extra money.
• You have to pay for everything immediately, unless we agree otherwise.
• If you pay late, you also have to pay the extra costs.
• If you have a complaint, you'll still have to pay while we sort it out.
• We have the right to ask for a deposit if we find it necessary.
• You cannot use our accounts to reduce your own payments to us.
• We can deduct all our costs against what you owe us.

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Article 5 - Cancellation by customer

5.1 If you want to cancel your reservation, you must do so at least 24 hours before the service starts. Please note that verbal cancellations do not count. If you cancel, you will receive credits in your booking account worth the amount of the booking. In the case of a series of 8 weeks, it is not possible to cancel weeks, with a series of 12 weeks you have 1 option to cancel and with a series of 26 weeks you have 2 options to cancel. In these cases, the refund takes place via credits.

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5.2 If you do not show up, you must always pay the full invoice value of the agreed service (s), no matter what.

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5.3 If we have already incurred costs with third parties because of your cancellation, you must always refund those costs to us.

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5.4 For business customers, these rules apply:

• If you cancel more than three months in advance, you don't have to pay anything and you'll get any pre-paid costs back, minus administrative fees.
• If you cancel between three and two months in advance, you must pay fifteen percent of the invoice value.
• If you cancel between two and one month in advance, you must pay fifty percent of the invoice value.
• If you cancel between one month and 14 days in advance, you must pay sixty percent of the invoice value.
• If you cancel less than fourteen days in advance, you must pay the full invoice value.

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5.5 For consumers, these rules apply:

• If you cancel more than 24 hours in advance, you don't have to pay anything and get any pre-paid costs back, minus administrative fees.
• If you cancel less than 24 hours in advance, you must pay the full invoice value
  pay.

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Article 6 - Delivery of products and transfer of risk

6.1 We deliver the products to the place we have agreed.

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6.2 The delivery times that we specify are only an indication. If we do not deliver on time, you must give us a written notice of default within two business days. Then we will have a reasonable chance to deliver after all, but you are not entitled to compensation.

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6.3 If we are unable to deliver a product because it is not available, we will let you know as soon as possible. Within thirty days, we will refund the amount you paid.

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6.4 If you do not accept the products, we may store them at your expense.

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6.5 The risk of damage or loss of the products passes to you when you receive them.
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Article 7 - Inspection and complaint obligation for products

7.1 You must check the products for any defects or damage immediately after delivery. If you find something, you must inform us in writing within two business days, otherwise we will not be able to deal with your complaint.

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7.2 You can no longer file a complaint if you do so later than two business days after you could reasonably have discovered the defects.

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7.3 You may only return products if we have given written permission to do so. However, they must be in their original condition and packaging.

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7.4 The return costs are at your expense.

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7.5 If we find your complaint well-founded, we may replace the products or issue a credit note worth the invoice.

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7.6 Having a complaint does not give you the right to delay payment.
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Article 8 - Product warranties

8.1 Unless otherwise agreed, we only guarantee the properties listed in our descriptions and specifications.

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8.2 If we deliver products to you from our suppliers, we are only liable just as we can come to our suppliers.
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Article 9 - Liability and Limitation of Liability

9.1 The following applies to consumers: We are responsible for damage that you suffer as a result of our error in executing the agreement. But we only reimburse damage that is covered by or reasonably should have been covered by our insurance, taking into account our business and the market in which we operate. We do not reimburse financial loss, such as business loss or loss of profit, damage due to your own actions or omissions in violation of our instructions or the agreement, or damage due to incorrect information that you have given us.

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9.2 The following applies to business customers: We exclude all liability unless reasonableness and fairness preclude this. Here, too, we only reimburse what is covered by our insurance or should reasonably have been covered, taking into account our business and the market in which we operate.

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9.3 If it is not possible for us to take out insurance or if the insurer does not pay out, we will limit the compensation to three times the amount you paid for the agreement, with a maximum of €1,000.

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9.4 You must indemnify us against all third-party claims for damage related to our services or products, to the extent that we would not be responsible for them ourselves.

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9.5 We are not responsible for damage to or loss of goods that you bring, except if it is due to our intent or gross negligence.

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9.6 If we store your goods without asking for compensation, we are not liable for damage, except for intent or gross negligence on our part.

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9.7 We are never liable for damage to customers' or guests' vehicles, except in the event of intent or gross negligence.

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9.8 You are responsible for all damage that we or third parties suffer as a result of your actions during our services, including violation of our house rules.
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9.9 You must provide your own insurance that covers possible damage resulting from the use of our services.

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9.10 Participating in our activities requires good health and preparation. We are not responsible for injuries that occur during our activities.

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9.11 If you or your guests cause damage to our property, we can recover the damage from you.

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9.12 When used by multiple people, you, as a customer, are responsible for all guests.

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9.13 You must take all measures to prevent damage to our rented space, such as following our rules of conduct.

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9.14 In case of disorderly behavior, we can deny you access without a refund of the fee paid.

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9.15 If there are defects in the rented space, you must inform us immediately and the costs of repair are at your expense.

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Article 10 - Force majeure

10.1 If there is force majeure, which prevents us from fulfilling our obligations, this is considered a situation that is beyond our control and which makes it impossible or difficult to carry out our obligations.

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10.2 Examples of force majeure include supplier problems, strikes, absenteeism, natural disasters, war and pandemics.

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10.3 In the event of force majeure, we may choose to suspend the execution of the agreement or terminate the agreement in whole or in part. You are then not entitled to compensation.

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10.4 If we have already partially fulfilled our obligations before the force majeure occurred, we may invoice this part separately and you are obliged to pay for it as a separate agreement.

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Article 11 - Found items

11.1 Found items must be returned to us as soon as possible.

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11.2 If the owner does not report within sixty days, the items become our property.

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11.3 If we ship found items to you, the costs and risks are yours. We are not obliged to do this.

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Article 12 - Intellectual and Industrial Properties

12.1 All rights to our products and services, including copyrights and database rights, remain with us.

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12.2 We may make video and audio recordings and use them for advertising purposes. By using our services, you agree to this.
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Article 13 - Processing personal data

13.1 If we process personal data as referred to in the GDPR, we will comply with applicable laws and regulations, including the GDPR. We are then considered a data controller under the GDPR.
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13.2 We will only use personal data for the execution of the agreement and will not process more data than is strictly necessary. We take appropriate technical and organizational measures as required by the GDPR.

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13.3 We fulfill our own obligations and help the customer and/or guest fulfill their obligations under the GDPR, including the rights of the customer and/or guest (data subjects as referred to in the GDPR), such as the right to access and the right to be forgotten.

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13.4 If there is a possible breach of our obligations under this article and the GDPR, we will immediately notify the customer and/or guest and keep a record of possible breaches.
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13.5 For more information, please refer to our privacy policy.

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Article 1 - Termination

14.1 If the customer and/or guest does not or only partially comply with their obligations under the agreement, they are automatically in default and we have the right to terminate the agreement in whole or in part without further notice of default, without court intervention, by giving written notice to the customer and/or guest. In that case, we are not obliged to pay any compensation and reserve all further rights.

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14.2 In the event of bankruptcy, suspension of payment, termination, liquidation, takeover or similar situations of the customer and/or guest, or if the business customer ceases its activities, we can terminate the agreement in whole or in part by means of a written notice without further notice of default and without court intervention. Here, too, we are not obliged to pay any compensation and reserve all our further rights.

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Article 15 - Final provisions and expiry periods

15.1 We may make changes to these terms and conditions at any time, which will take effect as announced on our website. We will provide the amended terms and conditions to customers and/or guests in a timely manner.

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15.2 The invalidity of one or more provisions of these terms and conditions does not affect the validity of the other provisions. If a provision is found to be invalid, we will agree on a valid replacement that matches the scope and scope of the invalid provision as much as possible.

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15.3 Failure to exercise or defer a right under the agreement will not be considered a waiver of that right, unless otherwise specified in the terms or the agreement.

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15.4 All notices to us must be made in writing.

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15.5 Legal claims and other powers of customers and/or guests expire twelve (12) months after the law arose, unless a written claim has been filed within that period.

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15.6 Any legal claim expires if Raqueta B.V. is not brought into court within twelve (12) months of receipt of the relevant written claim, without prejudice to mandatory provisions.

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Article 16 - Applicable law and disputes

16.1 These General Terms and Conditions are governed by Dutch law.

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16.2 All disputes between Raqueta B.V. and the Customer and/or Guest as a result of the Agreement or resulting agreements will be exclusively settled by the Court in Almelo, unless a Consumer Customer opts for a different court in accordance with the law within one month of Raqueta B.V.'s written notice.