Content of the contract

The escapeArea, Gutbrod & Zillgener GbR, Beethovenstr. 27, 72336 Balingen, provides services to end- and business customers on the basis of the following General Terms and Conditions and the service and product description in the area of Live Escape Games. The principle of a Live Escape Game is that the group - consisting of 4-8 people - successfully completes the given mission. This requires team spirit, intelligence, logic and skill from the game participants. This is supported by the targeted assistance of a game master who monitors and controls each game via camera and microphone.

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Another subject of the contract is the implementation of online escape games. Online Escape Games are web-based games in which tasks and puzzles are solved. By sending the confirmation e-mail right after the purchase, the customers receives the access data for the Online Escape Game. The game can be played at any time up to the specified validity. The minimum age for booking customers is 18 years.  Online Escape Games do not have a fixed duration. All necessary puzzle materials are provided by the game. It is recommended to use a piece of paper and a pen, as well as to have a valid e-mail address. If needed, participants have access to an integrated help-system within the Online Escape Game.

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 1. preamble

The contract is concluded between you and escapeArea Gutbrod & Zillgener GbR, Beethovenstr. 27, 72336 Balingen (hereinafter referred to as: escapeArea).

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2. scope of application

These general terms and conditions apply to all contracts concluded in connection with the use of the game offered by escapeArea. With each booking, the customer acknowledges the validity of these general terms and conditions as binding. Agreements deviating from these general terms and conditions must be made in writing and agreed upon in advance. This also applies to general terms and conditions of the customer.

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3. general

The rooms of the escapeArea are group games in the field of Live Escape Games.

The minimum age for booking customers is 18 years.

Minors must be accompanied by an adult on the day of the event. The assumption of supervisory responsibility on our part is excluded.

The participation of people under 16 years of age is ONLY possible with a written declaration of consent from a person with parental authority and in the company of a person who has reached the age of 18. This has to be clarified in advance with the staff of the escapeArea.

 

Please bring the completed consent form with you - select HERE

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4. booking

The booking is made via the homepage. The booking is binding as soon as the booking confirmation gets sent out by e-mail. The person making the booking is responsible for ensuring that the booking confirmation reaches him/her (i.e. he/she must e.g. make sure that the confirmation e-mail has not ended up in the spam folder or contact escapeArea if he/she does not receive a booking confirmation or receives an incorrect one). The booking confirmation must be presented before the game starts.

The person booking the game must be over 18 years of age at the time of the booking and has to be authorised to make the booking by all participants in the game (for under 18s: by their legal guardians). He/she is responsible for ensuring that payment is made on time. The booking party shall ensure that all participants are in the mental and physical condition to play the game.

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5. payment

The amount of the entrance fee is shown on the website. All prices include the statutory value added tax.

• Payment on site (not for online games): The total price for the booking is payable in cash on site or by voucher for the total amount before the start of the game. If there is a difference between the voucher price and the admission price, the following applies: The remaining amount of the voucher will not be paid out. The remaining amount of the ticket price is due in cash before the start of the match. EC and credit card payments are not possible.

• Bank transfer: if the amount has not been credited to escapeArea's account before the start of the game, written proof (e.g. bank statement) of the payment must be provided.

• Payment with a voucher on site (not for online games): The remaining amount of the voucher will not be paid out. The amount still missing from the admission price is due in cash. The total price for the booking can be paid on site with a voucher for the total amount. If there is a difference between the voucher and the admission price, the following applies: The remaining amount of the voucher will not be paid out. The remaining amount of the entrance fee is due in cash.

• Pay Pal/credit card: Online payment by Pay Pal or credit card is not mandatory.

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6. vouchers and tickets

Vouchers and tickets cannot be exchanged for cash. The price for a voucher is due by bank transfer or PayPal. The voucher will only be shipped after receipt of payment on escapeArea's account.

For vouchers purchased online, the statutory revocation period of 14 days from receipt of the goods applies. In case of a revocation, the costs for the return shipment to escapeArea are to be borne by the customer. Vouchers issued by escapeArea lose their validity after three years.

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7. conclusion of contract

With the sending of the booking confirmation by e-mail, a binding contract is concluded between the booking party and escapeArea.

The description of the offer on escapeArea's homepage does not constitute a binding offer of contract.

 

8. cancellation

Cancellations are possible free of charge up to three days before the date of the event via the contact form on the homepage. The cancelling party receives a cancellation confirmation by e-mail and is responsible for it reaching him/her (i.e. he/she must e.g. make sure that the cancellation e-mail has not landed in the spam folder or contact escapeArea if he/she does not receive a cancellation confirmation or receives an incorrect one). Three days to 24 hours before the play date, half the price is due. For cancellations less than 24 hours before the booked date, the full price will be charged.
escapeArea reserves the right to cancel already booked play dates for internal reasons. In this case, any game fees already paid will be refunded. 

Cancellation of individual persons: If fewer people show up for the game than booked, a refund of the amount already paid in excess is not possible.  The minimum price of 120,-€ is also due if the minimum team size of 4 persons is not reached.

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Our Online Escape Games are excluded from the right of withdrawal. We would like to explicitly point out that the right of withdrawal of 14 days for online purchases expires with the playing of our Online Escape Games and escapeArea thereby concludes the execution of the purchase contract. The purchase price can no longer be refunded once you have logged in with the access data from the e-mail. If technical problems occur after the purchase for which escapeArea is responsible, the right of a remedy applies. Should the technical problems not be solved in the validity of the access data, the purchase price has to be refunded.

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9. punctuality

The game participants must have arrived at the premises of escapeArea 15 minutes before the date booked via the website. Please note that this is a live event. As the rooms are specially prepared for each booking and blocked for the booked time period, it is your responsibility to arrive on time 15 minutes before the booked time period and allow for delays due to traffic, public transport and other factors. Late arrivals will be deducted from the playing time. In this case, no refund of the ticket price is possible.

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10. restrictions on use

Persons under the influence of alcohol or drugs or under the influence of other intoxicants or narcotics, as well as persons with contagious diseases, are excluded from participation in the game or from staying in the premises. Persons with severe mental or physical disabilities may only participate in the game and stay in the premises if accompanied by a supervisor. Our premises are not barrier-free.
Persons with severe physical illnesses (e.g. seizures, mental illnesses with perception disorders, anxiety disorders, fainting spells, cardiovascular diseases, epilepsy) must inform the responsible persons of escapeArea before the start of the game.
escapeArea reserves the right to withdraw from the contract in all cases (even if only suspected) and to refuse use.

Bringing animals is not permitted.

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11. rules of the game and further information

• Participation is at your own risk.

• Game participants voluntarily allow themselves to be locked in one of our Escape Rooms.

• The Escape Room can be left at any time.

• An abandonment of the game does not result in a refund of the entry fee.

• All locks, doors or similar interlocks can be opened WITHOUT force using the clues provided.

• It is not necessary to put oneself in danger for any of the games, so actions that may result in injury must not be performed.

• An unsuccessful game (i.e. if the mission is not solved within 60 minutes) will not result in an admission refund.

• Smoking is prohibited during the entire stay in the premises of escapeArea.

• The instructions of the escapeArea staff must be followed. Disregard of the instructions, or non-observance of the general terms and conditions will result in exclusion from the game. In this case, the entrance fee will not be refunded.

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12. recordings

Photographs of participants may be published for publicity purposes unless there is an objection. During the game, the room will be monitored by video and sound in order to provide assistance, if necessary. These video and audio recordings will not be stored.

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13. duty of confidentiality

The customer acknowledges that all solutions, solution paths, tasks, information and details about puzzles or quests of the game are to be regarded as trade secrets. Publication and dissemination is prohibited. Photography or filming in the game rooms is also prohibited.

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14. applicable law and place of performance

German law shall apply.

Place of performance is the business premises of escapeArea. Place of jurisdiction is the company's registered office in Balingen

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15. storage of objects

Mobile phones or other devices with the help of which a video, picture or sound recording is possible may not be taken into the game rooms. escapeArea does not assume any liability for these objects stored outside the game rooms.

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16. liability

16.1. The liability of escapeArea for defects of the service is limited to such defects that are due to intent or gross negligence. The customer is not entitled to a reduction. This does not affect the customer's right to remedy defects.
Claims for damages and reimbursement of expenses of the customer, irrespective of the legal basis, in particular due to breach of duties arising from the contractual obligation and from tort, are excluded. This shall not apply in cases of mandatory liability, e.g. under the Product Liability Act, in cases of intent, gross negligence, injury to life, body or health, or breach of a condition which goes to the root of the contract.
The claim for damages due to essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability due to injury to life, body or health. This does not imply a change in the burden of proof to the detriment of the customer.
Personal belongings carried along are at the risk of the customer in the play and recreation rooms. escapeArea does not assume any liability for loss, destruction or damage, except in case of gross negligence or intent of escapeArea or its employees.
16.2. escapeArea is not liable for damages caused by force majeure, riots, war and natural events or by other incidents for which escapeArea is not responsible (e.g. strikes, lockouts, traffic disruptions, orders of higher authorities at home or abroad) or by technical malfunctions (such as the EDP system) not caused by escapeArea's fault.
Computer viruses or deliberate attacks on EDP systems by "hackers" shall also be deemed to be force majeure, provided that appropriate protective measures have been taken against this in each case.
16.3. The customer shall be liable for all damage to buildings or inventory caused by him or third parties from his area.
16.4. Claims for damages by the customer shall be limited to the amount of the invoice for the associated booking.

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17. complaints

Complaints are to be reported to escapeArea employees immediately. Any verbal notification must be followed up in writing as soon as possible.Complaints must be made within 28 days of visiting the attraction, stating the room visited and the exact time of visit.

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18. reservation of right to change

escapeArea reserves the right to change these GTCs with a notice period of six weeks as long as the changes are reasonable for the customer. Changes will be communicated to the customer in text form. If the customer does not agree with the changes, he can object to them. The customer shall be informed both of his right to object and that the amendment shall be deemed to have been approved if he does not object in writing within a period of one month from receipt of the notification of amendment.

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19. final provisions

Should individual provisions not have become part of the contract in whole or in part or be invalid, this shall not affect the validity of the remaining parts of the contract. Furthermore, §306 BGB shall apply.

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