Terms and Conditions
Article 1. Definitions
The terms shown in these General Terms and Conditions with a capital letter have the following definitions:
1. General Terms and Conditions: these General Terms and Conditions for Visitors.
2. Visitors: (i) every natural person who enters the buildings and/or premises of Jump XL, as well as in the case of minors their parent or legal representative and/or (ii) every natural person or legal person who in anyway concludes an Agreement directly or indirectly with Jump XL.
3. Group: 2 (two) or more Visitors that undertake an organised visit to Jump XL.
4. Jump XL: Jump XL Services B.V. with its registered office and principal place of business in Eindhoven and registered with the Chamber of Commerce under number 61156426, its directly and indirectly affiliated subsidiaries and holdings that use the Jump XL brand.
5. Agreement: every agreement with Jump XL on the basis of which Jump XL provides services or supplies products to the Visitor.
6. Admission Ticket: a ticket that provides the Visitor with access to one of the Jump XL trampoline parks during opening hours.
7. Website: www.jump-xl.com.
Article 2. Applicability
1. These General Terms and Conditions are applicable to (i) every visit to a Jump XL establishment and/or (ii) all legal relationships between Jump XL and the Visitor, including in any event the Agreement, and to all offers and quotes from Jump XL.
2. These General Terms and Conditions are provided reserving an Admission Ticket via the Website of Jump XL and are also available at the ticket office of every Jump XL establishment. The explicit or tacit acceptance of these General Terms and Conditions which is provided when entering into an Agreement or when making a reservation means acceptance of the applicability and contents of the General Terms and Conditions.
3. Deviations from these General Terms and Conditions are only valid if they are agreed explicitly and in writing and shall only be applicable for the relevant Agreement.
4. If a provision in these General Terms and Conditions conflicts with the Agreement then the provision in the Agreement shall prevail. In the event of conflict between the provisions of these General Terms and Conditions and the information material available for the Visitor on the Website and in the Jump XL establishments then the provisions of these General Terms and Conditions shall prevail.
5. The applicability of general terms and conditions or terms and conditions of purchase of the Visitor is explicitly rejected by Jump XL.
Article 3. Offers, quotes, formation of Agreements
1. All announcements made by Jump XL or information otherwise provided, such as opening times and charges, are without obligations and are subject to changes.
2. Jump XL accepts no liability for potential errors in announcements, offers, notifications or information otherwise provided to the Visitor by Jump XL, or for errors made when Admission Tickets are sold by third parties.
3. An Agreement shall be formed on acceptance by the Visitor of an offer from Jump XL, unless it concerns an Agreement that is concluded via the Website in which case the Agreement shall be formed at the moment that Jump XL has sent the Visitor an e-mail confirmation.
4. An Admission Ticket can be purchased at the ticket office of the relevant trampoline park or be reserved in advance via the Website. An Admission Ticket shall become invalid by the mere lapse of the time stated on the Admission Ticket.
5. An Admission Ticket is personal and is only valid for the Jump XL establishment for which it has been issued. Without the permission of Jump XL, offers, quotes and Agreements from Jump XL may not be inspected by third parties. Third parties cannot derive any rights from offers, quotes and Agreements made by Jump XL.
Article 4. Access to Jump XL trampoline parks
1. The Visitor is only entitled, on presenting a valid Admission Ticket, to enter the Jump XL trampoline park space as stated on the Admission Ticket.
2. Children under the age of 7 may only visit the Jump XL trampoline park when accompanied by an adult. Children between the ages of 7 and 18 may visit the Jump XL trampoline park without adult supervision, though only after handing over written permission from their parents/legal representatives.
3. Parents/ carers and other supervisors are responsible at all times for and accountable for the behaviour of minors, individuals or Group(s) that they are supervising.
4. Jump XL retains the right to refuse entry to Visitors without having to give reasons and it is not liable for any loss which may arise directly or indirectly from such refusal.
Article 5. Visitor obligations
1. The Visitor is obliged at all times to adhere to these General Terms and Conditions, the house rules and the safety instructions as notified on the Website, around the premises and in the buildings of Jump XL and to the directions and instructions issued by the staff of Jump XL and/or by another third party or other third parties engaged by Jump XL.
2. The Visitor must be present at the relevant Jump XL establishment 15 minutes before the agreed activity. In the event that the Visitor or the Group fails to turn up or turns up late then Jump XL shall have the right to regard the Agreement as terminated in accordance with that which is stipulated in these General Terms and Conditions, unless this is unreasonable with due regard for the duration of the delay – such being in the sole opinion of Jump XL. In any event, the Visitor or the Group has no right to extent the activity or to catch up on the activity at another time.
3. Prior to commencing the activity in the trampoline park, the Visitor is obliged to familiarise himself/herself with the house rules and the safety instructions as notified on the Website, around the premises and in buildings of Jump XL. The Visitor is deemed to be familiar with the house rules and safety instructions prior to commencing the activities in the trampoline park.
4. If, in the opinion of (a member of staff of) Jump XL the Visitor is in any way acting in conflict with these General Terms and Conditions, the house rules and the safety instructions and/or the (customary) directions and instructions of the Jump XL staff and/or another third party or other third parties engaged by Jump XL, then the Visitor can be refused (further) access to the Jump XL establishment. In that case, Jump XL shall not be liable to pay for any losses and/or to refund the amount that the Visitor has paid for his/her Admission Ticket, whether or not via a third party.
5. If the Visitor repeatedly fails to follow the provisions of the General Terms and Conditions, the house rules and/or the directions and instructions given by staff of Jump XL or by a third party or third parties engaged by Jump EL or fails to do so fully or immediately or if they are breached, then Jump XL can refuse the Visitor access to the JUMP XL establishment(s) for a specific period.
6. Only Visitors that are in good health are permitted to take part in activities on the trampoline. The Visitor declares that he/she, to the best if his/her knowledge, is in a physically good condition and that there is no other impediment standing in the way of safe participation in the activities on the trampoline (for example, psychological / mental conditions or for example pregnancy, which would form an impediment for safe participation in activities on the trampoline). If in doubt about participating in the activities, it is the responsibility of the Visitor to refrain from such activities.
7. The Visitor is not permitted to participate in activities in the trampoline park whilst under the influence of alcohol, drugs or medication.
8. The Visitor is not permitted to bring his/her own food and drink and to consume it in the Jump XL buildings.
9. In the event of destruction, damage, disappearance, misappropriation or theft of property by the Visitor, Jump XL has the right (a) to refuse the Visitor access to the premises, (b) impose an access ban to one or more premises on the Visitor for a specific period, (c) report the incident to the police and (d) hold the Visitor liable for the damage suffered, including though not limited to loss suffered and lost profit.
Article 6 Reserving Admission Tickets
1. Admission Tickets can be reserved in advance in person at the ticket office or by calling a Jump XL establishment or in writing via the Website. A reservation via the Website is deemed to have been made if the Visitor has completed the reservation form and sent it to Jump XL electronically by clicking on the confirmation button on the Website. Jump XL can attach further conditions to a reservation. The Agreement shall be formed on acceptance of an offer from Jump XL.
2. Payment for ordered services or products must be made via one of the payment options as offered from time to time by Jump XL.
3. In accordance with Article 6:230p sub e of the Dutch Civil Code, the right of withdrawal is not applicable to Agreements for the provision of services relating to leisure activities if the Agreement states a specific time or a specific period of compliance and the Visitor has no right to termination of the Agreement. In all other cases, for a period of 14 days after receipt of the e-mail confirmation from Jump XL, the Visitor has the right to terminate an Agreement formed via the Website.
Article 7. Payment
1. Jump XL does not supply any products or provide any services on account. Payment is to be made no later than at the point the Visitor is about to enter the relevant Jump XL premises.
2. The Visitor must immediately check the invoice or ticket receipt on settlement and check any refund for correctness. If the Visitor does not raise a complaint immediately then Jump XL shall not be liable for dealing with the complaint at a later stage. Every right of claim of the Visitor shall be cancelled if a claim is not made immediately and no legal claim has been instigated within one year after the complaint.
3. In all cases, in which the parties have agreed a form of payment other than a cash payment, the payment by the Visitor of the amounts owing to Jump XL must be made within 14 days after the date of the invoice and into the bank account stated on the invoice, no later than prior to the Visitor entering the relevant Jump XL premises.
The Visitor has no right to payment set off, deduction or suspension.
4. If a Visitor has not paid within the period stated in Article 7 paragraph 3, the Visitor shall be immediately in breach and without further need for notification of default and without prejudice to its other rights, Jump XL shall be entitled to charge statutory interest from the due date of the invoice and the Visitor shall be liable for paying the actual legal and extrajudicial collection) costs incurred by Jump XL. If the Visitor is a consumer then extrajudicial costs shall be charged in accordance with the Netherlands Extrajudicial Collection Costs (Fees) Decree.
5. Jump XL shall never be obliged to offer a refund for a non-used Admission Ticket.
Article 8 Cancellation
1. The following arrangement is applicable for cancellation of an Agreement:
a. in the event of cancellation up to 48 hours prior to the day of the reserved activity, the Visitor is liable for paying 50% of the principal sum of the Agreement; and
b. in the event of cancellation less than 48 hours prior to the day of the reserved activity, the Visitor is liable for the full principal sum.
2. Any amounts to be refunded by Jump XL on the basis of Article 8.1 sub a. shall be refunded to the relevant Visitor within 14 days after the day of the reserved activity.
Article 9. Liability of Jump XL
1. Entering the buildings and premises of Jump XL and participating in activities on the trampoline is at the expense and risk of the Visitor. The Visitor understands and accepts that entering the buildings and the premises of Jump XL and participating in activities on the trampoline involves risks to health and that this can result in damage to property and serious physical injury.
2. Jump XL is not liable for any loss whatsoever suffered by the Visitor unless the loss is the direct consequence of gross negligence or an intentional act on the part of Jump XL.
3. Jump XL is not liable for any consequential loss, trading loss or indirect loss suffered by the Visitor which is the result of failure by Jump XL to comply with the Agreement or to comply with it in a timely manner or properly.
4. Except in the event of an intentional act and/or gross negligence, Jump XL is not liable for theft, disappearance, damage and/or loss of the Visitor’s property, even in the event that use is made of the Jump XL safes. The Visitor indemnifies Jump XL against all such claims.
5. Jump XL is not liable for any damage suffered by the Visitor as a result of any deeds or omissions by third parties it engages for performance of the Agreement.
6. Jump XL’s liability is at all times limited to the amount of the sum of the Agreement and in any event to the amount paid out by Jump XL’s liability insurance policy in the relevant case.
7. The Visitor’s rights to claim for whatever reason against Jump XL in connection with a visit to Jump XL shall be cancelled in each case if the Visitor has not immediately or, if this is not reasonably possible, has not within a maximum of 7 days after the moment at which the Visitor became aware of or could reasonably have become aware of the existence of these rights, instigated a legal claim against Jump XL.
8. The Visitor is liable for all damage suffered by Jump XL in relation to a breach and/or unlawful act (including a breach of the house rules and safety instructions and/or failure to adhere to the reasonable instructions of staff of Jump XL or of a third party or third parties engaged by Jump XL) by the Visitor or by visitors who are accompanied by the Visitor or who visit Jump XL under the Visitor’s supervision.
Article 10. Complaints procedure
1. In the event of a complaint, the Visitor is obliged to report his/her complaint to the manager of the relevant Jump XL establishment immediately, or if this is not reasonably possible, within a maximum of 7 days after leaving the Jump XL establishment.
2. In response to the complaint, the Visitor and the establishment manager of Jump XL shall attempt to find a solution through mutual dialogue. If the parties are unable to reach agreement, the Visitor can submit the complaint to the management board of Jump XL within 14 days after his/her visit to Jump XL.
Article 11. Force majeure
1. Jump XL is not responsible for meeting any obligations under the Agreement if and for as long as Jump XL is prevented from doing so as a result of a situation which, by virtue of the law, legal act or generally accepted standards, cannot be attributed to Jump XL. Force majeure in respect of Jump XL also means: strike within the Jump XL business and exceptional circumstances or disasters that make compliance with the Agreement impossible or unjustified (including technical faults).
2. Loss suffered by the Visitor as a result of force majeure, other than a refund or cancellation of the price of the part of the Agreement affected by force majeure, shall never be eligible for compensation.
Article 12. Other provisions
1. Changes to the Agreement shall only come into force after they have been recorded in writing by Jump XL and confirmed in writing by the Visitor.
2. The applicability of these General Terms and Conditions shall not affect any applicability of other (contractual) terms and conditions and/or regulations of Jump XL.
3. If any provision from these General Terms and Conditions or the Agreement is fully or partially void and/or invalid and/or may not be enforceable as a result of any statutory regulation, court ruling or otherwise, then this shall have no effect whatsoever on the validity of all other provisions of these General Terms and Conditions or the relevant Agreement.
4. Without prejudice to that which is stipulated in Article 14 paragraph 3, the parties shall enter into dialogue in order to agree new provisions to replace the void or invalid provisions. In doing so, they shall seek alignment as far as possible with the purpose and essence of the void or invalid provisions.
5. Jump XL retains the right to change these General Terms and Conditions.
6. These General Terms and Conditions and the Agreement are governed exclusively by Dutch law.
7. All disputes shall be settled by the competent court in the Netherlands.