Algemene voorwaarden

1. Without prejudice to the application of any specific terms included in a separate written agreement, these general terms and conditions apply to every offer, quotation, or agreement between FUNKEY BV, located at Clematisstraat 10, 9000 Ghent, with company number 0680.777.078, and its Client or Partner. In the case of any conflict between these general terms and conditions and any separate written agreement, the provisions of the separate written agreement shall prevail. Acceptance of these general terms and conditions also implies that the Client or Partner fully waives the application of their own general terms and conditions.

2. An Activity is considered as: the team-building and group activities offered on and bookable via www.funkey.be or a company-specific URL provided by FUNKEY (FUNKEY BIZZ). A Client is considered as: someone who searches for an Activity and requests quotes via the www.funkey.be database or a company-specific URL provided by FUNKEY (FUNKEY BIZZ), or someone who books an Activity with FUNKEY. A Partner is considered as: someone who has entered into a cooperation agreement with FUNKEY for organizing an Activity.

3. FUNKEY's offers are valid for a period of 14 days unless otherwise stated in a written agreement, after which FUNKEY reserves the right to unilaterally amend the offer. The offer is considered accepted when the Client confirms it in writing. A changing, modified, or supplementary order may result in an increase in the agreed price.

4.1 The reservation with Funkey is only final after the payment of the deposit (50%).

4.2 The (deposit) invoices from FUNKEY are payable to FUNKEY within 14 days of the invoice date. In case of late payment, an interest of 10% per year is due from the invoice's due date. Moreover, after a failed reminder, a fixed penalty of 12% of the outstanding amount is due, with a minimum of €25.00.

5.1 If, at any time, there are doubts about the Client’s creditworthiness due to legal actions against the Client, non-payment or late payment of one or more invoices, and/or any other identifiable event, FUNKEY expressly reserves the right to require advance payment for any remaining services or to ask for (other) guarantees. If the Client refuses to comply with FUNKEY's request, FUNKEY reserves the right to immediately and unilaterally terminate the agreement without compensation, or, in case of non-payment, suspend its services at its discretion. Furthermore, if an invoice is not paid by the due date, all outstanding claims from FUNKEY towards the Client become immediately due without prior notice.

5.2 FUNKEY also reserves the right to immediately and unilaterally terminate the agreement without compensation if the Client fails to meet one or more of its obligations under the agreement after receiving a written notice, with a period of at least seven (7) calendar days.

5.3 When FUNKEY proceeds with immediate and unilateral termination under the conditions described above, the Client owes a fixed penalty of 10% of the total price of the order. In such cases, FUNKEY also reserves the right to claim compensation for the costs, interest, and damages it has incurred, and all claims of FUNKEY against the Client become immediately payable.

5.4 An additional service fee will be charged for FUNKEY's services. This service fee covers administrative and accounting handling and ensures that we can continue to guarantee the platform's operation. The service fee is only applied after the quote has been approved. Requesting a quote is always free of charge.

6.1 If a booking is canceled due to force majeure (weather, pandemic, etc.), FUNKEY will provide the CLIENT with a voucher for any deposit already paid so that the booked Activity can be organized at a later date. If canceled less than two working days before the event, we request the full amount as compensation.

6.2 In case of a unilateral (full or partial) cancellation of a booked Activity by the Client, the Client remains liable for the costs already incurred, including for concept, research, etc., as well as a compensation for the lost profit by FUNKEY. This compensation is set at 50% of the price from the accepted quote, without prejudice to FUNKEY's right to claim payment for any higher actual loss.

6.3 In case of unilateral (full or partial) cancellation of a booked Activity by the Client less than 14 days before the planned event, the Client remains liable for the price from the accepted quote.

6.4 If the Client wishes to reschedule the confirmed Activity to another date, a 50% additional service fee will be charged.

6.5 If the Client wishes to adjust the number of participants after confirming the Activity on a specific date, this must be done at least 14 days before the event. The final number of participants can be up to 20% lower than the original number. If the actual number is lower, the price of the original number will be reduced by a maximum of 20%.

1. FUNKEY does not guarantee the flawless operation of a computer configuration, both due to external factors (power failure, lightning, etc.) and due to issues specific to the computer configuration (network failures, etc.), where unexpected loss of programs and/or data may occur.

8.1 FUNKEY is insured for its civil professional liability with AXA (policy no. 010.730.493.391).

8.2 FUNKEY is not liable towards the Client for serious or intentional mistakes made by its Partner, employees, staff, and/or representative in the context of the Activity. FUNKEY is only liable for its own fraud, deceit, and intentional errors.

8.3 FUNKEY commits to providing the Client with information about the agreement before closing the contract.

8.4 As far as FUNKEY's performance depends on the cooperation, services, and deliveries of third parties (such as, but not limited to, the Partner), FUNKEY cannot be held liable for any damage resulting from their fault, including their serious or intentional errors.

8.5 FUNKEY is not liable for any damage or destruction of Client's objects, unless the damage or destruction is due to gross negligence by FUNKEY. If damage or loss of materials made available by FUNKEY or the Partner during events occurs, any lost or damaged item will be charged to the Client at its actual purchase price. The Client is liable for all damage caused by inappropriate or unsafe behavior by their participants or employees.

8.6 FUNKEY is not liable for damage caused to third parties as a result of the Activity. The Client agrees to take out liability insurance for the duration of the event that covers their civil liability.

8.7 FUNKEY has the right to cancel an activity if it poses a risk to its employees, materials, and/or third parties, if weather conditions could disrupt the event, or if the event is prohibited or prevented by the government for any reason (e.g., due to a pandemic). FUNKEY cannot be held liable for any form of compensation but will provide a voucher for any advance payments made by the CLIENT.

8.8 FUNKEY and the Client are not obligated to fulfill any obligation if prevented from doing so due to force majeure, except for the vouchers provided under article 8.7. Force majeure includes, but is not limited to, failure of the Partner's obligations, defects in goods, materials, or software prescribed by the Client or FUNKEY, pandemics, natural phenomena such as floods, storms, etc., and any circumstances beyond the reasonable control of the parties.

8.9 The contractual and non-contractual liability of FUNKEY and the Client is always limited to an amount of €25,000 per damage case. Any claim for compensation expires automatically if not filed with a competent court within 3 years of the facts on which the claim is based being known or reasonably known.

1. If the Activity is recorded in video or photos, FUNKEY or the Partner will request prior consent.

2. For privacy and cookie policies, refer to the Privacy Policy and Cookie Policy on www.funkey.be.

3. The invalidity of a clause in the general terms and conditions does not affect the validity of the other clauses.

4. Agreements with FUNKEY are subject to and will be interpreted according to Belgian law. Any dispute regarding the conclusion, validity, performance, and/or termination of these agreements will be settled, in the absence of an amicable solution, by the courts of the judicial district of Ghent.