Article 1 Definitions
Participant: Anyone who enters into an agreement with PARK AMSTERDAM
Sessions: All available hours during which the participant can enter the location of PARK AMSTERDAM and participate in or free use of the space or organised/programmed activities/events of PARK AMSTERDAM or its partners.
PARK AMSTERDAM: The private limited liability company PARK AMSTERDAM B.V., registered in the trade register under number 95555048, with its registered office in Amsterdam and its principal place of business at Aambeeldstraat 12 (1021 KB) Amsterdam
Participant Agreement: The agreement that PARK AMSTERDAM and a Participant enter into via the website whereby these General Terms and Conditions are accepted.
Personal data: All data provided by the Participant to PARK AMSTERDAM as shown in the Participant Agreement.
Article 2 Applicability
2.1 These Participant Terms and Conditions apply to all legal relationships between PARK AMSTERDAM and each Participant. The Participant has been able to read and download these general terms and conditions and has accepted them by ticking the acceptance box before he or she has proceeded to payment. The Participant’s General Terms and Conditions do not apply.
2.2 All stipulations in these Participant Terms and Conditions have also been drawn up for the benefit of all directors of PARK AMSTERDAM and all persons who work for PARK AMSTERDAM and/or are engaged by PARK AMSTERDAM.
2.3 Deviations from these General Terms and Conditions are only valid if they have been expressly agreed in writing.
Article 3 Participant Agreement
3.1 The Participant Agreement between the Participant and PARK AMSTERDAM is concluded at the moment that the Participant has filled in all requested information as shown in the registration form on the website and has accepted the General Terms and Conditions and has made the payment. The Participant Agreement is entered into for an indefinite period of time and can be terminated prematurely in accordance with Article 7 of these General Terms and Conditions, unless there is a day pass, week pass, annual subscription, monthly pass or a 10-ride card.
3.2 The Participant Agreement completed by the Participant and these General Terms and Conditions together form the complete representation of the rights and obligations of PARK AMSTERDAM and the Participant and supersede all previous written and oral announcements, agreements and all other correspondence.
3.3 The Participant will ensure that all information – which PARK AMSTERDAM indicates is desirable or which the Participant should reasonably understand is necessary for the performance of the Participant Agreement – is provided to PARK AMSTERDAM in a timely manner.
3.4 The Participant Agreement is personal and the Participant is not entitled to transfer the rights and obligations arising from the Participant Agreement concluded under these Participant Terms and Conditions to third parties in whole or in part.
3.5 If a Participant has entered into a Participant Agreement with PARK AMSTERDAM, the Participant is entitled to withdraw from the Participant Agreement concluded with PARK AMSTERDAM during 14 (in words: fourteen) days after signing the Participant Agreement.
3.6 If the Participant revokes the Participant Agreement in accordance with Article 3.5, the Participant will receive a refund of all payments made by the Participant to PARK AMSTERDAM, unless the Participant has already used the facilities of PARK AMSTERDAM and/or has entered the location of PARK AMSTERDAM.
3.7 If the Participant decides to purchase a new/additional product from PARK AMSTERDAM, the terms and conditions of the Participant Agreement and these Participant Terms and Conditions will remain fully applicable, unless expressly agreed otherwise in writing.
3.8. PARK AMSTERDAM has the right to unilaterally change these Terms and Conditions of Participation. PARK AMSTERDAM will inform the Participant of these changes by e-mail.
Article 4 The participant
The Participant meets the following requirements:
4.1 The Participant is 16 years of age or older when independently signing an agreement with PARK AMSTERDAM. Season tickets for children under the age of 16 must be taken out by the parents/guardians;
4.2 The Participant is 6 years of age or older when entering PARK AMSTERDAM. Deviations from this are only possible in writing;
4.3 The Participant declares to be completely healthy both physically and mentally and to be able to practice action sports such as skateboarding in a responsible manner;
4.4 PARK AMSTERDAM reserves the right to refuse Participant(s) if they are not fully physically and/or mentally capable of practicing action sports;
4.5 The Participant shall comply with the instructions of the employees of PARK AMSTERDAM;
4.6 The Participant behaves properly and adheres to the house rules of PARK AMSTERDAM at all times (as can be found on www.parkamsterdam.nl);
4.7 The participant is aware and agrees that damage related to the use or abuse of stimulating and/or mind-altering substances is at all times excluded from liability of PARK AMSTERDAM.
4.8 Damage to equipment, materials or persons deliberately caused by the Participant will be recovered from the Participant.
4.9 PARK AMSTERDAM always reserves the right to refuse Participant(s) without giving reasons.
Article 5 – Prices and payment
5.1 The subscription costs for the use of the facilities of PARK AMSTERDAM must be paid to PARK AMSTERDAM prior to their use. PARK AMSTERDAM uses the services of the all-in one platform Gymly B.V. to collect the subscription costs.
5.2 In the event of the purchase of a continuous subscription, the Participant authorizes Gymly by agreeing to these Participant Terms and Conditions to debit the subscription costs owed to PARK AMSTERDAM by direct debit.
5.3 If the payment by direct debit is not successful, Gymly will try to collect again after 14 days. If that doesn’t work, Gymly will send a payment link via email with the friendly request to pay within 14 days. If this does not happen, further postponement is not possible and Gymly will inform PARK AMSTERDAM. PARK AMSTERDAM then has the right to cancel the subscription and/or suspend or terminate its obligations with immediate effect and will prepare the final statement and charge the remaining and due subscription fee, VAT, costs and any additional costs to the Participant via Gymly.
5.4 If the Participant subsequently fails to pay the amount due from this final settlement within the specified period, a collection agency will be engaged. PARK AMSTERDAM will recover the costs of engaging the collection agency from the Participant.
5.5 PARK AMSTERDAM reserves the right to index and change its prices and rates.
Article 6 Registration and cancellation of sessions
6.1 Participant must register prior to a session via the appropriate online registration system of PARK AMSTERDAM. Without registration, it is not possible to join a session.
6.2 The participant can still unsubscribe up to one (1) hour before the start of a session. Without and/or in the event of late deregistration, one registration credit will be lost.
6.3 PARK AMSTERDAM would like to give everyone a place to participate in the session. If the cancellation is made too late, as described in article 6.2, PARK AMSTERDAM may charge an amount of five euros (€ 5.00) per late or non-cancelled session.
Article 7 Termination of the Participant Agreement
7.1 Subscription Terms. Most subscriptions at PARK AMSTERDAM are offered on a 4-weekly basis, with the exception of the strip card, the annual card, the week pass and the day pass and the monthly pass, which have a specific duration.
7.2 Notice Period for 4-Weekly Subscriptions. Participants with 4-weekly subscriptions can terminate their agreement in writing with a notice period of 4 weeks (equivalent to one period). This means that after the notice is received, the current 4 weeks still need to be completed before the 4 week notice period kicks in.
7.3 Confirmation of Termination. After receipt of the written termination, PARK AMSTERDAM will send a confirmation to the Participant within fourteen days. If the Participant has not received the confirmation in time, the Participant must contact PARK AMSTERDAM immediately. If this does not happen, PARK AMSTERDAM will assume that the termination did not take place or did not take place in time.
7.4 Notice Period After Contact. If the Participant still wants to cancel after contacting PARK AMSTERDAM, the 4 weeks in which contact was made will still be completed before the 4-week notice period starts.
7.5 Temporary Suspension. In the event of long-term illness, injury and/or pregnancy of the Participant, the Participant Agreement may be temporarily suspended or terminated after consultation and submission of a written doctor’s statement.
7.6 Immediate Termination. PARK AMSTERDAM has the right to terminate the Participant Agreement with immediate effect if: In the opinion of PARK AMSTERDAM, the Participant is guilty of inappropriate behaviour; If the Participant systematically violates the house rules of PARK AMSTERDAM; or If a third party uses the Participant’s Participant Card as a result of any omission or with the knowledge of the Participant.
Article 8 Risk and liability
8.1 PARK AMSTERDAM is solely responsible for the quality of its skatepark and the services it offers. PARK AMSTERDAM is therefore only liable if there is something wrong with the skatepark or if the service does not meet the description of the service. If a participant notices a defect, he or she must contact PARK AMSTERDAM so that PARK AMSTERDAM can rectify that defect as soon as possible. PARK AMSTERDAM has limited its liability for a failure to comply with the obligations under this agreement to the amount actually paid out by the insurer.
8.2 The Participant is aware of and accepts the risk inherent in practicing action sports. This risk may manifest itself before, during and after the use of the facilities of PARK AMSTERDAM and may have consequences for the health or physical condition of the participant.
8.3 The use of the facilities of PARK AMSTERDAM for, among other things and not limited to, the performance of action sports such as skateboarding and/or following any programme and/or activities of any kind at PARK AMSTERDAM is entirely at the expense and risk of the Participant.
8.4 Neither PARK AMSTERDAM nor its employees are liable for material and/or immaterial damage as a result of an accident or injury/injuries to the Participant and/or third parties, unless this accident is a result of a defect in the skatepark. In that case, the limitation of liability as referred to in Article 8.1 applies.
8.5 PARK AMSTERDAM and its employees do not accept any liability for damage, loss or theft of property of the Participant and/or third parties.
8.6 The Participant is liable for damage caused to property of PARK AMSTERDAM, if this damage is the result of negligence and/or fault on the part of the Participant.
8.7 The exclusions and limitations of liability as stated in this article are also stipulated for and for the benefit of subordinates of PARK AMSTERDAM and anyone else whose assistance PARK AMSTERDAM uses in the performance of the Participant Agreement.
8.8 Wearing protective clothing: The participant is aware that practicing action sports such as skateboarding involves certain risks. To reduce these risks, there is protective clothing such as knee, elbow and wrist guards and a helmet. However, in practice we see that some skateboarders choose not to wear this protective clothing. To meet both the safety and the culture of skateboarding, PARK AMSTERDAM therefore applies the following rule:
• Up to the age of 12, wearing protective clothing, that is, knee, elbow and wrist guards and a helmet, is mandatory for participation in PARK AMSTERDAM sessions.
• From the age of 12, PARK AMSTERDAM recommends wearing protective clothing during sessions, but the choice whether or not to do this is up to the participant and his/her parent/guardian.
8.9 The Participant is aware of and accepts that if the Participant chooses not to wear protective clothing during sessions of PARK AMSTERDAM, the Participant will not be able to claim the liability insurance of PARK AMSTERDAM under any circumstances.
Article 9 Personal data and privacy policy
9.1 The Participant is aware that he/she provides certain personal data to PARK AMSTERDAM, such as name, age, address and email address.
9.2 The Participant agrees to these terms and conditions and gives PARK AMSTERDAM permission to process his/her personal data in connection with (among other things) creating a membership, drawing up and sending invoices, providing information, improving our services and answering questions asked via the website, for example.
9.3 Any processing of personal data by PARK AMSTERDAM is done in accordance with the General Data Protection Regulation and its privacy policy, which can be found on www.parkamsterdam.nl
Article 10 Complaints procedure
10.1 If the Participant has a complaint about PARK AMSTERDAM or about an employee of PARK AMSTERDAM, he/she can submit this complaint via info@parkamsterdam.nl The Participant will receive a confirmation of receipt of the complaint within one week.
10.2 The complaint will be dealt with by the location manager within two weeks. The location manager will investigate the complaint. If necessary, additional information will be requested from the participant or a conversation will take place.
10.3 Within six weeks, the participant will receive a written message about the handling of his or her complaint with a description of the measures taken and a proposed solution.
Article 11 Applicable law and competent court
11.1 These Terms and Conditions are effective from 1 January 2024.
11.2 In the event that any provision in these General Terms and Conditions should be null and void or should be annulled, this shall not affect the validity of the remaining provisions. PARK AMSTERDAM and the Participant will then enter into consultations in order to agree on new provisions to replace the null and void or nullified provisions, whereby the purpose and purport of the original provision will be taken into account as much as possible.
11.3 Any legal relationship with PARK AMSTERDAM shall be governed by Dutch law. All disputes between the Participant and PARK AMSTERDAM that may arise as a result of or in connection with the Agreement will be settled by the competent court in Amsterdam to the exclusion of anyone else.
——————–