General
These terms and conditions apply to all visitors to the Motion Experience. Deviations are valid only if agreed in writing.
Definitions
1.1. In these Terms and Conditions, the following terms shall have the meanings as defined below.
Terms and Conditions: these terms and conditions for the Motion Experience;
Clause: a clause of these General Terms and Conditions;
Visitor: anyone visiting the Experience, with or without a valid admission ticket;
Child Visitor: a Visitor up to and including 12 years of age visiting the Experience;
Motion Experience: the “Motion experience” located at Piazza 64,2nd floor in Eindhoven, operated by or on behalf of Motion;
Consumer: a Visitor or anyone else who uses the Motion website and/or, or any other person who enters into a contract with Motion;
Parties: Motion and the Visitor together;
Admission Ticket: an admission ticket or any other similar admission ticket (e.g., a personal invitation) pursuant to which a Visitor is granted access to the Experience;
Access Card: a ticket available for purchase pursuant to which a Visitor is granted access to the Experience;
Motion: Dinner in Motion B.V.
1.2. Headings and subtitles are for convenience only and do not affect the interpretation of these Terms and Conditions.
1.3. A reference in these Terms and Conditions to “he” or “his” may also mean “she” or “her” if the context so requires.
Applicability
These Terms and Conditions apply to all visitors to the Experience and to all agreements between Motion and a Guest.
Access the Experience
3.1. Only upon presentation of a valid Admission Ticket will the Visitor have permission to enter the Experience.
3.2. Child Visitors are welcome in the Experience at all opening hours and must be accompanied by at least one adult chaperone per group at all times. Unaccompanied Child Visitors may be denied (further) access to the Experience.
3.4. The opening hours of the Experience will be communicated by Motion through its website www.Motionexperience.nl and/or through other means of advertising and/or direct communication by or on behalf of Motion. Any (incorrect) publication of opening hours of the Experience is not at Motion’s risk and expense and cannot be relied upon by the Visitor. The above opening hours may, at Motion’s sole discretion, be changed at any time and without prior notice in that regard, without entitling the visitor to a refund of the price for the Access Card. If, due to the change in opening hours, the Visitor cannot visit the Experience on the day for which the Access Card is valid, the Access Card may be exchanged for an Access Card valid on another day.
Access cards
4.1. Ticket prices will be communicated by Motion through its website www.motionexperience.nl and/or through other means of advertising and/or direct communication by or on behalf of Motion. The above prices are subject to change, at Motion’s sole discretion, at any time and without notice hereof. Any (incorrect) publication of prices for Admission Tickets by third parties is not at Motion’s risk and expense and cannot be relied upon by the Visitor.
4.2. Tickets can only be purchased on the website www.motionexperience.nl or from an official Motion reseller.
4.3. Motion carries no obligation, except as otherwise stated in these Terms and Conditions, to refund or exchange an unused Access Card, nor is the Visitor entitled to a refund or any other compensation for a lost or stolen Access Card.
Experience rules
5.1. In the Experience, the Visitor is obliged to behave in accordance with public order and morality and, for the avoidance of doubt, with these General Conditions. The Visitor is required to follow all directions and instructions given by persons identifiable as Motion personnel. If the Visitor, in the sole discretion of the Motion staff, acts in any way in violation of the foregoing in this Clause 5.1, the Visitor may be denied (further) access to the Experience without any right to compensation for any damages or any refund of the Entrance Ticket or other Ticket.
5.2. Only (hand) bags or luggage small enough to fit in the locker facilities provided may be taken into the Experience building. Only phones and cameras may be brought into the exhibition area of the Experience. Bags are not allowed in the exhibition area of the Experience unless the Visitor needs supplies for medical reasons and/or baby care. The decision as to which property may or may not be taken into the Experience building and/or exhibition area of the Experience is at the sole discretion of Motion staff. The visitor acknowledges and agrees that Motion is in no way responsible for damage to or loss of property left behind by the visitor.
5.3. The Visitor acknowledges and agrees that Motion personnel may, for security reasons, request that the Visitor have their (hand) bag or luggage checked and that the Visitor is obligated to comply with such request.
5.4. Visitors are encouraged to take photos and/or videos within the Experience for personal use, provided only cell phones or DSLR/compact cameras are used. Additional accessories such as selfie sticks, tripods, lights, flashes and other professional (video) equipment are not allowed in the Experience and may not be used without Motion’s prior written permission.
5.5. Commercial photo shoots, the creation of any commercial or branded material, press interviews, media shoots and the use of professional video equipment are not permitted without prior written permission from and guidance from (a representative of) Motion. Any commercial or branded material captured or released without written permission remains the property of Motion and should be treated as such. Publication of the aforementioned unauthorized material by commercial entities will be met with legal action.
5.6. The Experience is smoke-free: smoking is not permitted anywhere in the Experience building.
5.7. Eating and/or drinking in the Experience is only allowed in the designated areas. The consumption of refreshments from outside the Experience by the Visitor is not permitted.
5.8. No animals are allowed in the Experience building, with the exception of official service dogs.
5.9. The Motion Experience is not meant to be experienced with narcotics; it is impressive enough on its own. Therefore, drugs and alcohol are not allowed during the Experience.
Motion Shop
6.1. Motion Experience sells merchandise and other products in the physical shop at Motion and online through its website motionexperience.co.uk.
6.2. Any item referred to in Clause 6.1 purchased by a Customer in the Motion Shop may be exchanged in the Motion Shop within 14 days of purchase upon presentation of a receipt or other proof of payment, if and to the extent the item purchased is defective or faulty.
6.3. The Home Shopping Terms and Conditions apply to all (online) distance contracts between Motion Experience and the Client. In particular, this concerns the right of withdrawal, method of payment, shipping costs, dispute resolution and other terms and conditions.
Visitor’s Liability
7.1. The Visitor is liable to Motion for damages caused by him. Each member of a group of Visitors is jointly and severally liable to Motion for damages caused by (a member of) the group.
7.2. Adult companions of Minor Visitors are responsible for the conduct of the Minor Visitors they accompany and may be held liable by Motion for any damages caused by those Minor Visitors.
Liability of Motion
8.1. Entry to the Experience is at the visitor’s own risk and expense. Motion shall not be liable for any damages suffered by the Guest, except in the event of Motion’s attributable failure to perform its agreement with the Guest, in which case Motion shall only be liable for any direct damages suffered by the Guest as a result of such attributable failure.
8.2. Direct damages as mentioned in Clause 8.1 include:
8.3. Motion shall not be liable for any indirect or consequential damages incurred by Guest, including intangible damages.
8.4. Any liability of Motion is further limited to any of the following: (i) any amount paid to Motion by its insurance company with respect to the Visitor’s injury; or (ii) any amount paid to Motion by a third party with respect to the Visitor’s damages.
8.5. The limitation of liability of this Clause 7 may not be invoked by Motion if and to the extent the relevant damages result from Motion’s willful or gross negligence, including willful and gross negligence by a director of Motion. The foregoing in this Clause 7.5 is expressly not applicable in the event of intent or gross negligence of Motion’s employee(s).
Privacy and Intellectual Property
9.1. The privacy of its guests is of great importance to Motion. Please see Motion’s privacy policy at https://www.client-sites.nl/twogether-promotions
9.2. The Visitor acknowledges and agrees that Motion may take photographs and video footage within the Experience (in which the Visitor may be visible) for publicity and/or commercial purposes, which photographs and video footage are the (intellectual) property of Motion.
9.3. The Visitor may take photographs or record videos in the Experience for personal use only. The Visitor acknowledges and agrees that any photo or video footage from the Experience made public by the Visitor (e.g., on social media) is the intellectual property of Motion and may be used by Motion for publicity and/or commercial purposes.
Complaints
Any complaints by Guest may be submitted to Motion via email (support@client-sites.nl). The Visitor can also go to the entrance desk of the Experience and request a complaint form, which can be submitted directly or via e-mail (to the above e-mail address) to the entrance desk.
Governing law and jurisdiction
10.1. All agreements between Motion and Guest and these Terms and Conditions shall be interpreted in accordance with and governed by Dutch law.
10.2. All disputes arising from or related to an agreement between Motion and Guest and/or these Terms and Conditions shall be submitted in first instance or summary proceedings exclusively to the competent court in ‘s-Hertogenbosch.
Final Determination
If and to the extent that one or more Terms of these General Conditions are at any time void or voided in whole or in part, the other Terms of these General Conditions shall remain in full force and effect.
