Terms and Conditions – Gladi8tor Gameflight
General
1. These terms and conditions apply to your purchase of and participation in a “Gameflight” organized by Gladi8tor Group B.V. (“us”, “we”, or “our”), a limited liability company incorporated under the laws of the Netherlands, having its statutory seat in Roermond, the Netherlands and its principle place of business at (6042 NV) Westhoven 7, Roermond, the Netherlands. By purchasing a ticket for one of our gameflights and accepting these terms & conditions, a binding agreement between you and us is constituted.
The gameflight
2. Upon your payment of the agreed fees and your compliance with these terms and conditions, you will be entitled to participate in a gameflight which shall be organized by us. To this end, you will be awarded a voucher in your Gladi8tor-account upon payment. As soon as possible, we shall inform you about the available gameflights for which you can enrol. With your voucher code, you are only entitled to pick one of our offered gameflights, unless agreed otherwise.
3. Since the final itinerary and program of a gameflight is subject to change until the moment of departure, you cannot derive any rights from any information provided prior to such gameflight. Although we shall be entitled to change the exact features and services included in a gameflight arrangement, the gameflight shall in all cases include a catered round trip flight with inflight gaming facilities as well as transfer and access to a gaming event in a preselected country. The airport of arrival shall at all times be the same as the airport of departure. You are responsible for the transportation to the airport of departure and transportation from the airport of arrival.
4. After informing you about the available gameflights for you, you shall be required to book a seat for the gameflight of your choice within 14 days. If you fail to do so within such term, you will be automatically enrolled for the gameflight departing from the airport closest to your residence.
5. If a specific gameflight is fully booked, you can either enrol for a different gameflight or enrol for a newly organized gameflight departing from the same airport, which option shall be made available upon our confirmation of the new gameflight.
6. The actual occurrence of a specific gameflight is at all times subject to sufficient participants enrolling for that specific gameflight. We reserve our right to cancel a gameflight due to insufficient participants and will inform you about the cancellation as soon as possible. In case of cancellation, you can either i) enrol for a different gameflight or ii) get a refund of your money.
7. Until your booking for a specific gameflight (see previous paragraph) is finalized, you are entitled to transfer your voucher code (and therefore the right to participate in a gameflight) to a different person. In case of such transfer, we require the personal information of the new participant as soon as possible. If we do not timely receive such information, we shall deem the ticket not to have been transferred.
8. After your booking for a gameflight is finalized or after the term as stated in paragraph 4 has lapsed, you are no longer entitled to transfer your booking to someone else. However, you can contact us in such cases to discuss the possibilities of enrolling a different gamer.
9. You acknowledge and accept that we are entitled to, at our sole discretion, to modify or amend the rules in relation to a gameflight and (gaming) events that form part thereof, the activities that form part of the gameflight, the disqualification or elimination of a participant in a gameflight as well as the prize(s) to be awarded during a gameflight and the selection of a winner.
Transportation
10. You understand and accept that the operation of the transportation to your destination is organized by third parties for which we are not responsible. Therefore, we shall not be liable for any delay, cancellations or damages in relation to such transportation, although we will work with you at all times to find a suitable solution for you in such cases. You shall direct any claims in relation to your transportation to the party that is responsible for such transportation.
11. In the unfortunate event that the originally booked flight is deemed unfit for proper transportation we shall be entitled – at our own discretion – to arrange a different, comparable type of transportation .
12. The airport of departure shall at all times be a major airport on a central location in a country in the European Union. The minimum duration of a flight shall be 1 hour and 30 minutes.
13. We shall timely provide all information required for your participation to the gameflight, including departure and arrival information. Departure and arrival shall at all times be on the same day.
14. You are solely responsible for providing the information and/or documentation required for your access to the flight which forms part of the gameflight, including a valid travel document. If, for whatever reason, you fail to provide the required information required to embark the plane, you may be excluded from the gameflight – without a right to receive a refund.
Media
15. You understand and accept that we are entitled to create and (live) broadcast footage of any and all parts of the gameflight. You grant us the right and permission to film you during a gameflight (as of the moment of your arrival at the airport of departure until the moment of your departure from the airport of arrival) and use, broadcast or otherwise exploit such footage, in whatever way known, currently or in the future and at our sole discretion.
16. You wholly and unconditionally assign to us all rights of intellectual property, including any copyrights and/or any neighboring rights, that you may have or claim with regard to your contribution to and performance in a gameflight.
17. If and in as far as you cannot assign any intellectual property right in accordance with the previous paragraph, you hereby grant us the worldwide, perpetual, irrevocable and sub licensable right to use your performance, picture, name, voice and/or any other image rights related to you, in the broadest sense and in whatever manner, known or unknown (including but not limited to reproduction, publishing and editing, modification and/or adaptation).
18. You are not entitled to any compensation for your participation in a gameflight, nor for any broadcasting of any footage which involves any image of you.
19. You understand and accept that any decision regarding the broadcasting of footage in which images of you are included rests with the us.
Liability
20. Participating in a gameflight is at your own risk and for your own account. We shall not be liable in any way whatsoever for any damages you incur in connection with your participation in a gameflight, including but not limited to damages due to loss, missing or theft, damages to personal possessions, damages due to accidents that occur as a result of or during your participation in a gameflight.
21. We shall not be liable for errors and/or omissions made during the realization of (parts of) the gameflight arrangement.
22. During the gameflight arrangement, you shall adhere to any and all:
a. additional (house) rules and/or terms which may apply to your access to the gaming event at the destination of the gaming flight and/or the flight itself;
b. instructions from our personnel, as well as flight attendants, hosts and other authorized persons;
c. applicable laws and regulations that apply during your gameflight at any given time.
23. We shall – at any given moment – be entitled to exclude you from our gameflight if you violate the previous paragraph.
24. Except in the event of gross negligence or willful intent of us or our representatives, we shall not be liable in any way whatsoever for damages of whatever nature that the you incur in connection with your participation in a gameflight, including but not limited to damages due to loss, missing or theft, or damage to personal possessions and damages due to accidents that occur as a result of or during the participation in a gameflight. The foregoing does not apply in the event that our statutory liability is proven for tortuous acts committed by us, persons engaged by us or property used by the us. However, such liability will be limited to amount paid out in the relevant case under our third-party insurance (W.A.-verzekering).
25. You shall, at least during the gameflight and a period of 1 month thereafter, maintain adequate international insurance coverage for at least EUR 1,000,000, which includes coverage in respect of:
a. an accident, illness or death, including damage or loss resulting from such accident, illness or death;
b. legal assistance;
c. regular travel insurance, including loss of baggage and luggage.
Costs and payment
26. Upon your purchase of a voucher code for a gameflight, you are due the full amount for the gameflight, as communicated on our website. Payment can only be made by means of the payment methods provided on our website.
27. Purchased voucher codes are non-refundable, unless a gameflight you enrolled for has been permanently cancelled. However, you can transfer a voucher code to a different person in accordance with paragraph 7.
28. We reserve our right to exclude you from a gameflight if payment in full for such gameflight has not been confirmed by us at least three days before the day of departure of the relevant gameflight. Any partial payment made by you up to that moment shall be refunded, however, after deduction of the costs made by us in relation to your reservation.
29. We may – at our own discretion and in accordance with the information we provide prior to your purchase of a voucher – award a fixed amount of participants in a gameflight a refund of their purchase. These free participations in a gameflight will be awarded as follows:
a. When the required amount of participants – as communicated on our website prior to your subscription – has been reached, a computer shall randomly draw from all participants the participants that shall be awarded a refund;
b. The winning participants shall be contacted by us and will – upon acceptance of their prize – be awarded with a refund;
c. Upon determining the participant that shall be awarded a refund, all other participants will be informed that the voucher giveaway has been completed.
30. The outcome of the lottery as described in the previous paragraph is final and we will not correspond with you about this outcome. However, we reserve our right to declare the outcome invalid and redraw one or more winners if we have reason to believe that the drawing was illegitimate.
31. We are entitled to award any discount or free participation to a gameflight at our sole discretion.
Privacy
32. You are solely responsible for entering correct and up to date personal data when purchasing a voucher code and finalizing your booking. Any additional costs or being excluded from a gameflight due to submitting incorrect information on our website is entirely for your own risk and account.
33. If you are under the age of 18 when entering your personal details on our website, you explicitly warrant that you have obtained your parents’ consent to enter such details and purchase a voucher for a gameflight.
34. We shall process your personal data with due care and in accordance with our privacy statement.
Miscellaneous
35. Any amendment to these terms and conditions or your purchase agreement with us is only valid if agreed by both parties in writing (including e-mail).
36. Dutch law applies to your purchase of a voucher, your participation in our gameflight and these terms and conditions. Any and all disputes in relation to a gameflight shall be submitted to a competent court in the Netherlands.