General Terms and Conditions Indoor Mountainbike

1. Definitions

Indoor Mountainbike: : Indoor Mountainbike, having its registered office in Almere and its actual place of business at E. Heimansweg 8 in Almere.

Visitor: : Any natural person who actually takes part in or makes use of the activities operated by Indoor Mountainbike.

Participant: : The visitor who takes part in an activity, clinic or package offered by Indoor Mountainbike.

Building: : All buildings owned and/or used by Indoor Mountainbike in the course of providing its services.

Premises: : All grounds owned and/or used by Indoor Mountainbike in the course of providing its services.

Mountainbike: : A mountainbike or off-road bicycle, also referred to as an MTB or ATB (All Terrain Bicycle), is a bicycle built for off-road riding on unpaved roads or trails. This is called mountain biking. Mountainbikes have thick tyres with tread for comfort and extra grip.

2. General house rules

It is not permitted to enter the Indoor Mountainbike route without a valid admission ticket.
Entering and using the Indoor Mountainbike premises/building and route is entirely at your own risk. The premises/building and route are made available to you for normal use. You must at all times follow the instructions of Indoor Mountainbike staff and the signage on the premises/in the building and route. Indoor Mountainbike is in no way liable for any damage whatsoever arising from entering the premises, using the building or being on the route.
If the instructions of staff or the signage are ignored, Indoor Mountainbike reserves the right to deny visitors access to the premises/building and route without those persons being able to claim any refund of monies in any form whatsoever.
Indoor Mountainbike is a smoke-free sports venue. A smoking ban applies across the entire premises and throughout the building. Smoking is not permitted anywhere.
Before or during a visit to the Indoor Mountainbike route or hospitality area, the consumption of alcoholic drinks is not permitted. Indoor Mountainbike reserves the right to refuse visitors access to the Indoor Mountainbike facilities if they are clearly under the influence of alcohol or drugs.
Misuse or vandalism of the safety provisions (such as fire extinguishers, smoke detectors or fire alarm systems) is not permitted. Indoor Mountainbike reserves the right to alert the police and/or deny the offenders access to the premises/building and route without those persons being able to claim any refund of monies in any form whatsoever. Costs associated with the aforementioned misuse or vandalism will be charged to the offenders.
In the hospitality area of Indoor Mountainbike it is not permitted to consume food brought in from elsewhere.
Carrying weapons or other threatening objects is strictly prohibited on the premises/inside the building. Indoor Mountainbike reserves the right to confiscate these weapons or threatening objects, alert the police and deny the holder access to the premises/building without those persons being able to claim any refund of monies in any form whatsoever.
Physical or verbal violence, or otherwise undesirable behaviour towards other visitors, Indoor Mountainbike staff, property of Indoor Mountainbike or of visitors, will not be tolerated. Indoor Mountainbike reserves the right to alert the police and/or deny perpetrators of violence or otherwise undesirable behaviour access to the premises/building without those persons being able to claim any refund of monies in any form whatsoever.
Indoor Mountainbike reserves the right to close off (parts of) the premises/building or route to visitors without any claim to a refund of monies in any form whatsoever.
Pets are permitted (on parts of) the premises/in the building provided they are kept on a lead. Pets may not cause any nuisance to persons on the premises/in the building. Indoor Mountainbike reserves the right, in the event of nuisance in any form whatsoever, to deny pet owners together with their pets access to the premises/building without those persons being able to claim any refund of monies in any form whatsoever.
We would like to point out that CCTV is present on the premises and inside the building of Indoor Mountainbike for the protection of your and our safety and property.
Access to Indoor Mountainbike may be refused if you are tipsy or drunk. No alcoholic drinks are served to tipsy or drunk persons.
When entering and leaving Indoor Mountainbike, we ask you not to cause excessive noise such as loud talking or shouting, and not to damage or steal the property of third parties.
Using a mobile phone is not permitted if this causes nuisance to other guests.
We ask you to hand in any found objects that are not your property to one of the staff members.
Fire instructions are available for inspection at the management office. In the event of fire, do not panic; warn Indoor Mountainbike staff immediately and/or locate the nearest fire extinguisher.
Possessing, using or dealing in narcotics is prohibited.
You are permitted to enter the route with your own mountainbike. Bicycles or cycling vehicles other than mountainbikes are not admitted to the route.
It is not permitted to give clinics, lessons, training sessions or other forms of instruction on your own initiative on the premises, in the building or on the route of Indoor Mountainbike, unless explicit written permission has been requested from and granted by Indoor Mountainbike in advance. In the event of a breach, Indoor Mountainbike reserves the right to deny those involved access without any claim to a refund of monies in any form whatsoever.

3. Reservation, payment and cancellation

Reservation is mandatory for participation in the activities of Indoor Mountainbike. Reservations are made via the channels designated for this purpose by Indoor Mountainbike.
By placing a reservation you agree to these general terms and conditions.
Payment is made in the manner and within the term indicated at the time of reservation. For group reservations and packages, Indoor Mountainbike may require a deposit or full advance payment.
Cancellation of an individual reservation is free of charge up to 24 hours before the reserved time. In the event of cancellation within 24 hours before the start, or in the event of non-attendance (no-show), the full payment obligation remains in force.
Cancellation of a group reservation of 10 persons or more is free of charge up to 7 days before the reserved date. In the event of cancellation within 7 days before the start, or in the event of non-attendance (no-show), the full payment obligation remains in force.
In the event of a partial cancellation of a group reservation, whereby the number of participants is reduced within the term stated in 3.5, the payment obligation remains in force for the originally reserved number of participants.
Changes to a reservation are only possible in consultation with and after confirmation by Indoor Mountainbike, and insofar as availability permits.

4. Participant form and minors

Participation in the activities of Indoor Mountainbike is only permitted if the participant form has been completed in full and approved. The participant form must be completed before the participant enters the route.
Indoor Mountainbike notifies visitors of this at several points, including during the booking process, on the website and in the confirmation and/or reminder email prior to the visit. Failure to complete the participant form is at the participant's own expense and risk and may result in refusal of participation without any claim to a refund of monies in any form whatsoever.
Participants aged 18 and over must complete the participant form individually for themselves. Participants under the age of 18 may be included on the participant form of an accompanying adult. By completing and approving the form, this adult declares that they give permission for the participation of the minor(s) concerned and accept the resulting responsibility.
If the participant has not yet reached the age of 14, he/she must at all times be accompanied by an adult who must be present on the premises of Indoor Mountainbike and who is responsible for providing supervision.
Participants under the age of 14 who visit the park for the first time may not go onto the track independently. An adult must accompany them on the bike on the track. This does not apply to children's parties and clinics, where an instructor from Indoor Mountainbike provides the supervision.

5. Participant's own risk and liability of Indoor Mountainbike

Indoor Mountainbike is only liable for damage resulting from a material defect in the facilities it provides if this material defect can be attributed to the Indoor Mountainbike organisation, unless this defect is not due to its fault, nor is it for its account by law, by legal act or according to generally accepted standards.
Indoor Mountainbike is not liable for damage or an event that cannot be attributed to it, including: a. circumstances attributable to the visitor/responsible person, such as:

inadequate health or fitness;
inadequate personal equipment;
improper action or inaction by the visitor/responsible person;
overexertion;
overestimation of one's own abilities;
careless or reckless behaviour;
ignoring instructions, directions from staff or signage;
failure to follow one or more safety regulations;
participating under the influence of alcohol, drugs, medication or other narcotics;
consciously or unconsciously choosing a route that is too difficult; b. actions and influences of third parties not directly involved in the performance of the agreement; c. force majeure.

Visitors with relevant medical conditions are advised not to take part in the activities. Indoor Mountainbike is not liable for the onset and/or worsening of complaints and/or conditions.
No liability can be derived from the loss or theft of (personal) property.
You are permitted to wear your own equipment such as a bicycle helmet, elbow guards and knee guards. Indoor Mountainbike is not liable for the quality of these materials.
Damage to rental equipment a. Participants are fully responsible for all damage to the materials made available by Indoor Mountainbike, including but not limited to mountainbikes, protective equipment and other rented items. b. Damage to rental equipment is not covered by any limit and must be fully reimbursed by the participant, regardless of the cause of the damage, including negligence, improper use or accident. c. The participant must notify Indoor Mountainbike immediately of any damage to the rental equipment. The damage is assessed by Indoor Mountainbike, which determines the costs of repair or replacement. d. If the rental equipment is lost or is not returned in the same condition as received, Indoor Mountainbike reserves the right to charge the full replacement value. e. The participant is obliged to inspect the rental equipment before use and to report any defects immediately to Indoor Mountainbike staff. Using equipment with pre-existing defects, without reporting them, constitutes acceptance of the condition of the equipment by the participant. f. Indoor Mountainbike reserves the right to request a deposit for the use of the rental equipment. This deposit is refunded after inspection of the equipment upon return, provided no damage has been found. g. If the damage exceeds the deposit paid, the participant must pay the difference. In the event of disputes about the extent of the damage and the costs payable, an independent expert is engaged, whose judgement is binding on both parties. h. Failure to comply with these conditions may result in exclusion from further participation in the activities of Indoor Mountainbike and possible legal action to recover the damage.

6. Hospitality Indoor Boshut

At the indoor boshut, no alcoholic drinks will be served:

to persons under the age of 18;
to persons who are clearly in a state of intoxication;
when this encourages disturbance of public order, safety or decency. Requests from guests to serve unlimited drinks will be met with reticence. Participation in traffic by visitors after the consumption of alcohol will be discouraged, by recommending alternative transport or an overnight stay where possible and, if desired, assisting in arranging this.

It is not permitted to take materials such as mountainbikes inside the Indoor Boshut. You must park the mountainbikes in the designated places. You are responsible for the safety of your borrowed or own mountainbike.
You are required to order a consumption. You may only consume it within the establishment. It is not permitted to use or bring your own consumptions or consumption packaging at Indoor Mountainbike.
Property of our restaurant may not be taken outside or moved without consultation; this also includes (leftovers of) drinks and food. If you are found to have caused damage or destruction, you will be held fully liable for repair and/or replacement.
To limit waiting times for all our guests, we use one joint bill per reservation/table. Paying separately per person is not possible.
We do not accept dinner vouchers or VVV cheques, but we do have our own gift card.
Pets such as dogs are very welcome inside and on the terrace, but must be kept on a lead.
Parents are always responsible for their own children, especially along the waterside.
Any form of aggression towards guests and staff is prohibited. Disruptive and/or offensive behaviour will not be tolerated.
The Uniform Conditions for the Hospitality Industry (UVH) apply to all agreements we enter into. You can view these on our website. The UVH are binding on everyone who uses our services.

7. Obligations of the participant

You must follow the instructions of Indoor Mountainbike staff at all times.
The participant is obliged to use the equipment provided in a manner appropriate to its nature. The participant must report any defects upon receipt of the equipment to Indoor Mountainbike staff, who must record this. The participant may not make changes to the equipment or give it to third parties for use without the permission of Indoor Mountainbike staff. The participant will notify Indoor Mountainbike staff as soon as possible of any loss of or damage to equipment. At the end, the participant will hand over the equipment provided to Indoor Mountainbike staff in the same condition as the participant received it.
A participant who causes such nuisance or inconvenience that the performance of the activities on the premises/route of Indoor Mountainbike is seriously hampered, who endangers the safety of themselves or others, or who deals with nature and the environment in an irresponsible manner, may be excluded from (further) participation in the activity by Indoor Mountainbike staff, without a refund of the admission costs.
The participant is not under the influence of drugs, alcohol, medication or other narcotics that may pose a danger to the safety of themselves or others.
Participants are advised to wear mountainbike shoes. Sandals, flip-flops, clogs or other footwear are not accepted as suitable footwear for a mountainbike activity.

8. Own risk

Indoor Mountainbike accepts no responsibility for theft of and/or damage to personal property. Bringing your own (valuable) belongings is at your own risk. Lockers are available free of charge, at your own risk. In the event of loss of the key, we charge 15 euros for replacing the key.

9. Gift cards and strip cards

Gift cards and strip cards from Indoor Mountainbike are valid for the term stated on the card, or in the absence thereof for the statutory validity period.
Gift cards and strip cards cannot be exchanged for cash and cannot be refunded.
In the event of loss or theft of a gift card or strip card, no replacement or refund can take place.
Gift cards and strip cards are only valid for the products and services for which they were issued and are not valid in combination with other promotions or discounts, unless stated otherwise.

10. Visual material

During activities, events and in the facilities of Indoor Mountainbike, photos and video recordings may be made. These recordings may be used by Indoor Mountainbike for promotional purposes, including the website, social media and printed material.
By taking part in the activities of Indoor Mountainbike, you consent to the making and use of such visual material.
If you object to the use of visual material in which you are recognisably depicted, you can make this known via [email protected]. We will then remove the relevant visual material or make it unrecognisable as soon as possible.

11. Force majeure and closure

Indoor Mountainbike is not liable if it is wholly or partly unable to fulfil its obligations due to force majeure. Force majeure is understood to include: technical failures, calamities, extreme weather conditions, government measures and other circumstances beyond the control of Indoor Mountainbike.
If an activity cannot proceed due to force majeure, Indoor Mountainbike will make every effort to offer an alternative time or to provide a voucher. Refunds of amounts already paid will only take place insofar as required by law.

12. Complaints

Complaints about the services of Indoor Mountainbike can be reported via [email protected] or on site to the management.
We strive to deal with complaints as soon as possible and to handle them within a reasonable term.

13. Privacy

Indoor Mountainbike processes personal data in accordance with applicable privacy legislation. The way in which we handle personal data is described in our privacy statement, which can be consulted at www.indoormountainbike.nl.

14. Prices, changes and errors

All prices stated by Indoor Mountainbike are subject to obvious printing, typesetting and typing errors. No rights can be derived from such errors.
Indoor Mountainbike reserves the right to change prices and rates unilaterally. For reservations already confirmed, the price applies as agreed at the time of reservation.
Obvious printing and typesetting errors in these general terms and conditions, on the website, in offers or in other communications do not bind Indoor Mountainbike.

15. Amendment of the terms and conditions

Indoor Mountainbike reserves the right to amend these general terms and conditions. The most recent version can be consulted at www.indoormountainbike.nl and applies to every visit and every reservation.

16. Final provisions

These general terms and conditions of Indoor Mountainbike can be read on the website www.indoormountainbike.nl. At the visitor's request, a copy of these general terms and conditions will be sent free of charge.
Dutch law applies to these general terms and conditions and all agreements with Indoor Mountainbike, unless mandatory law provides otherwise.
Any disputes between the parties will be submitted exclusively to a competent court.
The invalidity of one or more of the provisions in these general terms and conditions does not affect the validity of all other provisions. If a provision in these general terms and conditions proves to be invalid for any reason, the parties are deemed to have agreed a valid replacement provision that approximates the invalid provision as closely as possible in purport and scope.
The use of the name and logo of Indoor Mountainbike is not permitted without the explicit permission of Indoor Mountainbike.

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