These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
Below are the standard provisions set forth by GameTruck. Please contact your local operator for terms specific to your region.
At the time of booking, Customer authorizes GameTruck to charge a non-refundable deposit in the amount of 50% the quoted price for reservation of the event. Events booked online are for private small events (20 participants or less). These pricing packages are not valid for larger group or public events. If you are interested in discussing options for a large event please contact us directly so we can assure that we are able provide you and your guests with an exceptional GameTruck experience.
Customer authorizes GameTruck to charge the remaining invoice balance beginning 48 hours prior to the event, although in many instances final payment is collected at the conclusion of your event.
Because people often book parties well in advance, customer recognizes that times reserved are in short supply. Therefore should Customer request a cancellation within 21 days of the event, or Customer is a no show for the event, the full remaining balance of the invoice will be due.
GameTruck will make every reasonable effort to deliver party merchandise before the day of the event. For party packages booked less than 8 calendar days before the event, Customer understands items may arrive after the event. All merchandise sales are final. No returns or exchanges are offered.
GameTruck will make every reasonable attempt to deliver an event. Forecast of bad weather is not an exception to the cancellation policy. However, if an event is affected by unsafe weather (tornado warnings, high winds, heavy snow, unsafe roads, or flooding), GameTruck reserves the right to reschedule your event. No refund will be issued for this reschedule.
For Video Game Parties, prior to arrival please allocate 60 feet (approximately 7 parking spaces) for the game trailer to park that is free of hazards and foot traffic. To avoid damage to customer and GameTruck property, we reserve the right to refuse to pull a game trailer onto customer property. Delays caused by clearing space for the truck and trailer will not prevent us from leaving at the scheduled time.
A permit is only required if we will need to park in a "No Parking" zone. GameTruck trailers are no wider than any contractor or landscaper vehicle and in most cases parking outside the home at the curb is not an issue. If a parking permit is required it will be the responsibility of Customer to arrange for one.
These pages, the content and infrastructure of these pages, and the online accommodations reservation service provided on these pages and through the website (the "service") are owned, operated and provided by GameTruck Licensing, LLC. ("GameTruck.com", “GameTruckParty.com”,"us", "we" or "our") and are provided for your personal, noncommercial use only, subject to the terms and conditions set out below.
1. Scope of Our Service
Through the website, we (GameTruck Licensing, it’s franchisees, and its affiliate (distribution) partners) provide an online platform through which GameTruck franchise businesses (provider) can advertise their event services for reservation, and through which visitors to the website can make such reservations. By making a reservation through GameTruck.com, you enter into a direct (legally binding) contractual relationship with the local franchise business at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the service provider, transmitting the details of your reservation to the relevant provider and sending you a confirmation email for and on behalf of the service provider.
When rendering our services, the information that we disclose is based on the information provided to us by service providers. As such, the service providers are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or nondelivery of information. Each service provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website.
Our services are made available for personal and noncommercial use only. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
The prices on our site are highly competitive. All prices on the GameTruck.com and GameTruckParty.com website are for private functions for the date reserved are displayed including sales tax (if applicable) and all other taxes (subject to change of such taxes), unless stated differently on our website or in the confirmation email. Applicable taxes may be charged by the service provider in the event of a noshow or cancellation fee. Any deposits collected are non-refundable.
Sometimes cheaper rates are available on our website for a specific time and date, however, these rates made by service providers may carry special restrictions and conditions, for example in respect to cancellation and refund. Please check the party rate details thoroughly for any such conditions prior to making your reservation.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such.
3. Privacy and Cookies
GameTruck.com respects your privacy. Please take a look at our Privacy and Cookies Policy for further information.
4. Credit Card
A non-refundable deposit must be paid to the service provider to secure the reservation by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit/debit card or bank account to the bank account of the service provider through a third party payment processor.
For certain rates or special offers, please note that your credit card may be preauthorized or charged (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the event details thoroughly for any such conditions prior to making your reservation.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at $50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges you the deductible because of unauthorized transactions resulting from a reservation made on our website, we will pay you this deductible, up to an aggregate amount of $50 (or the equivalent in your local currency). In order to be indemnified, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (email@example.com). Please state 'credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using GameTruck.com's secure server and the unauthorized use of your credit card resulting through our default or negligence and through no fault of your own while using the secure server.
5. Cancellation and Noshow
By making a reservation with a service provider, you accept and agree to the relevant cancellation and noshow policy of that service provider, and to any additional (delivery) terms and conditions of the service provider that may apply to your reservation or during your event, including for services rendered and/or products offered by the service provider (the delivery terms and conditions of a service provider can be obtained with the relevant service provider). The general cancellation and noshow policy of each service provider is made available on our website on the service information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Applicable city/tourist tax may still be charged by the service provider in the event of a noshow or charged cancellation. Please check the event details thoroughly for any such conditions prior to making your reservation. Please note that a reservation may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) non-refundable deposit amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the service provider and the reservation. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (nonrefundable) prepaid amount unless the service provider agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the service provider's cancellation, (pre)payment and noshow policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and noshow policy of the service provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you will be late or delayed in starting your event, or have another problem that will prevent the service provider from delivering your event in a timely fashion, make sure to (timely/promptly) communicate this with the service provider so they know what expect you to avoid cancellation of your event or charge of the noshow fee. Our customer service department can help you if needed with informing the property. GameTruck.com does not accept any liability or responsibility for the consequences of your delayed event or any cancellation or charged noshow fee by the service provider.
6. (Further) Correspondence and Communication
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your event date, giving you information on your event and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and event,(ii) an email which we may send to you promptly after your event inviting you to complete our host review form, (ii) and future emails containing information about services and offers. Please see our Privacy and Cookies Policy for more information about how we may contact you.
GameTruck.com disclaims any liability or responsibility for any communication with the service provider on or through its platform. You cannot derive any rights from any request to, or communication with the service provider or (any form of) acknowledgement of receipt of any communication or request. GameTruck.com cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the service provider.
In order to duly complete and secure your reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
7. Ranking, Preferred Program, Stars and Host Reviews
The default setting of the ranking of service providers on our website is "Recommended" (or any similar wording) (the "Default Ranking"). For your convenience, we also offer other ways to rank the service provider. Please note that the Default Ranking is created through a fully automated ranking system (algorithm) and is based on multiple criteria.
The completed host review may be (a) uploaded onto the relevant service providers information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the accommodations, and (b) (wholly or partly) used and placed by GameTruck.com at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by GameTruck.com. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The host review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on our website, (iii) the services rendered or the products offered by the accommodation provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, nonperformance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether the service provider charges you (or has charged you) for your reservation, or we are facilitating the payment of the event price, you agree and acknowledge that the service provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the event price to the relevant tax authorities. GameTruck.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the room price to the relevant tax authorities.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that GameTruck.com may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Booking.com at its discretion sees fit. You are granting GameTruck.com a nonexclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Booking.com at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, franchise owners) due to GameTruck.com publishing and using these photos/images. GameTruck.com does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of GameTruck.com. GameTruck.com disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Booking.com at any time and without prior notice.
9. Intellectual Property Rights
Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by GameTruck Licensing, LLC its suppliers or providers.
GameTruck.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Booking.com. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting English language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or nonbinding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or nonbinding provision, given the contents and purpose of these terms and conditions.
11. About GameTruck.com and the support companies
The online accommodation reservation service is rendered by GameTruck Licensing, LLC, a private Delaware limited liability company, having its offices at 1501 W Fountainhead Pkwy Suite 520 Tempe, AZ 85282.
GameTruck Licensing, LLC has its headquarters in Tempe, AZ and is supported by various affiliated group companies (the "support companies") throughout the world. The support companies only provide an internal supporting role to and for the benefit of GameTruck Licensing, LLC. Certain designated support companies render limited customer care support services (only by telephone). The support companies do not have any website (and do not in any way control, manage, maintain or host the website). The support companies do not have any power or authority to render the service, to represent GameTruck Licensing, LLC or to enter into any contract in the name of, for or on behalf of GameTruck Licensing, LLC. You do not have a (legal or contractual) relationship with the support companies. The support companies do not operate and are not authorized to act as any form of process or service agent of GameTruck Licensing, LLC. GameTruck Licensing, LLC does not accept nor assume any domicile at any place, location or office in the world (also not at the office of its support companies), other than its registered office in Tempe.
12. Governing Law and Disputes
GameTruck Licensing, LLC is committed to customer satisfaction. We will try to resolve any concerns or problems with our services that you have. If we are unsuccessful, you may pursue a claim against GameTruck Licensing, LLC as explained in this Disputes provision. This Disputes provision lays out: (1) the initial process you must follow by reporting your claim to GameTruck Licensing, LLC prior to filing any arbitration or law suit in accordance with this Disputes provision; and, if we are unable to resolve your claim, (2) the recourse that you have to arbitration.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Arizona law. By using this website, you agree that any and all disputes arising out of or relating to your use of this website, or other services provided by GameTruck Licensing, LLC or the support companies in connection with your use of this website (including the interpretation and scope of this clause and the arbitrability of the dispute), will be resolved via mandatory, binding arbitration.
Nothing in this Disputes provision shall be read to create any legal rights that do not otherwise exist under the law or constitute any waiver of any personal jurisdiction defense, nor shall this Disputes provision give you the right to pursue any claim for relief that is not cognizable under the law.
Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (in each case, a "Dispute"), the Dispute shall first be submitted to mediation on an expedited basis in the city in which GameTruck Licensing, LLC's headquarters is located, currently Tempe, Arizona, administered by the Judicial Arbitration and Mediation Service ("JAMS"), or its successor, in accordance with the JAMS rules and procedures then in effect. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the Dispute and the relief requested, with the expectation that the first mediation session shall occur within forty-five (45) days of such written request. The party seeking the mediation must submit the following in addition to any demand or filing required by JAMS: a full and specific description of the claims under this Agreement including without limitation an identification of the specific provisions that the other party has breached, documentary evidence of the facts alleged by the complaining party and a declaration under penalty of perjury that all facts stated in the claim and documentation are true and correct and do not fail to state facts known to the complaining party that are material to the determination of the Dispute. The parties will cooperate with JAMS and with one another in selecting a neutral mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The mediator must be a retired judge or an attorney experienced in complex commercial transactions. If the parties are unable to select the mediator within ten (10) business days after receipt of the mediation notice by JAMS, then JAMS shall designate the mediator. The parties covenant that they will (i) participate in the mediation in good faith, (ii) share equally in the costs of the mediator and related JAMS administrative costs, and (iii) pay in advance the estimated reasonable fees and costs of the mediation, as may be specified in advance by the mediator. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any reference, arbitration, litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. In the event it is necessary, any party may file a motion to compel the other party to participate in the mediation and the prevailing party shall be awarded its costs and expenses, including reasonable attorneys’ fees in connection with such motion. If the Dispute is not resolved within ten (10) business days after the first mediation session, either party may (a) give written notice to JAMS and the other party that the mediation is terminated and (b) submit any remaining Dispute to binding arbitration pursuant to Section 18J(3) below. GameTruck Licensing, LLC (3) If the parties are unable to resolve the Dispute, then the parties shall submit the Dispute to final and binding arbitration in the city in which GameTruck Licensing, LLC's headquarters is located, currently Tempe, Arizona, administered by JAMS, or its successor, in accordance with the rules and procedures of JAMS then in effect. The parties agree that any and all Disputes that are submitted to arbitration in accordance with this Agreement shall be decided by one (1) neutral arbitrator who is a retired judge or attorney is experienced in complex commercial transactions. If the parties are unable to agree on an arbitrator, JAMS shall designate the arbitrator. The parties will cooperate with JAMS and with one another in selecting the arbitrator and in scheduling the arbitration proceedings in accordance with applicable JAMS procedures. The arbitration shall be conducted in accordance with the JAMS Comprehensive Rules. Any party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The party seeking arbitration must submit the following in addition to any demand or filing required by JAMS: a full and specific description of the claims under this Agreement including without limitation an identification of the specific provisions that the other party has breached, documentary evidence of the facts alleged by the complaining party and a declaration under penalty of perjury that all facts stated in the claim and documentation are true and correct and do not fail to state facts known to the complaining party that are material to the determination of the Dispute. Any award issued as a result of such arbitration shall be final and binding between the parties thereto and shall be enforceable by any court having jurisdiction over the party against whom enforcement is sought. The parties expressly acknowledge and understand that by entering into this Agreement, they each are waiving their respective rights to have any Dispute between the parties hereto adjudicated by a court or by a jury.