General Terms and Conditions of Exitadventure GmbH
1. scope of application
These General Terms and Conditions ("GTC") apply to the entire business of Exitadventure GmbH (hereinafter referred to as the "Company"). The company Exitadventure GmbH offers professional event organisation, with different outdoor escape games.
2. conclusion of contract
The conclusion of the contract is effected by the Client's acceptance of the Company's offer concerning the purchase of products and / or services.
The contract is concluded in any case when the customer makes use of the services offered by the company and / or orders products via the company's online shop or buys them directly.
3. prices
Unless otherwise quoted, all prices are in Swiss francs (CHF) and exclusive of any applicable value added tax (VAT).
The prices are exclusive of any other applicable taxes and exclusive of packaging and shipping costs.
The Company reserves the right to change prices at any time. The prices on the website and according to the Company's price list valid at the time of the conclusion of the contract shall apply.
If a commission has been agreed, it is owed upon fulfilment of the obligations by the company. Whether or not the end customer pays the client has no influence on the accrual and due date of the commission; what is relevant is the fulfilment of obligations by the company.
4. payment
The Company basically offers the Customer to purchase the Products/Services through its web shop and offers the following payment options electronically as part of the ordering process: Credit card (plus 3% fee surcharge), PayPal, prepayment.
In the case of a high order sum, the company can demand a deposit from the customer. In individual cases and after prior agreement, payment on account is possible.
If such an invoice is not settled within the aforementioned payment period, the customer will be sent a reminder. If the client does not settle the invoice within the set reminder period, the client is automatically in default.
From the date of default, the Customer shall owe default interest at the rate of 5% (five per cent).
Offsetting of the invoiced amount against any claim the Client may have against the Company is not permitted.
The Company shall be entitled to refuse delivery or provision of services in the event of default in payment.
5. conditions of use and participation
The games are only open to participants over the age of 10. Unless you are accompanied by an adult. (In case of doubt, the game leader will decide).
Children and young people up to 16 years of age must be accompanied by an adult.
There is an absolute ban on drugs and alcohol.
Persons suffering from claustrophobia, epilepsy, cardiovascular diseases or panic attacks are requested not to participate in the games.
Each participant is obliged to be present during the entire briefing before the match, the instructions of the organiser are binding and must be followed. The equipment must be handled with care and returned properly.
Filming and photographing the puzzles and routes is prohibited, as is copying the puzzles and games.
Participation is at your own risk. Insurance is the responsibility of the participants or the legal representatives of the participants if they are minors. Participants are fully liable for all damage to facilities and objects caused by them. In the event of damage to property caused by negligence on the part of a participant, the participant may be liable to pay compensation.
By accepting these GTC, the Customer confirms that he/she meets the aforementioned requirements for obtaining the products and services offered by the Company.
6. obligations of the company
Unless otherwise agreed, the place of performance shall be the registered office of the Company. The Company shall fulfil by handing over the ordered products to the agreed carrier. If no forwarder is agreed, the Company shall be free to choose a forwarder. The agreed delivery costs may not be increased by the choice of forwarder.
7. non-solicitation and employment ban
The Client may not entice away or employ the Company's employees or other auxiliary persons, either for its own account or for the account of a third party, without the Company's express written consent. Even after termination of the contractual relationship, the Client is prohibited from employing employees or other auxiliary persons of the Company in any way, directly or indirectly. This prohibition shall apply until one year after termination of the contractual relationship and is limited to the field of activity of the respective employee or auxiliary person.
8. date of cancellation by the client
In the case of agreed dates for groups, cancellation is free of charge up to 30 (thirty) days before the date. In the event of a missing or late cancellation, the following costs will be due:
From 30 (thirty) working days before the date 25% (twenty-five per cent) of the agreed price.
From 21 (twenty-one) working days before the deadline 50% (twenty-five per cent) of the agreed price.
AB 14 (fourteen) working days before the deadline 75% (seventy-five percent) of the agreed price.
From 0-3 (zero to three) working days before the appointment 100% (one hundred percent) of the agreed price.
8.1 Date of Cancellation by the Client "Escaperoom
In the case of agreed appointments to provide the contractual service, cancellation up to 48 (forty-eight) hours before the appointment is free of charge. In the event of a later cancellation or no-show, 100% of the amount is owed. Whether this will be charged to the client will be decided by the match director based on the circumstances directly on site.
8.2 Change of participant by the customer
The Company is aware that a change of participant cannot be avoided. As a consequence, the following restrictions are imposed:
From 14 (fourteen) days before the date 25% (twenty-five percent) of the agreed price.
From 10 (ten) days before the date 50% (twenty-five percent) of the agreed price.
AB 7 (seven) days before the date 75% (seventy-five percent) of the agreed price.
From 0-3 (zero to three) days before the date 100% (one hundred percent) of the agreed price.
9. appointment cancellation by provider
The provider reserves the right to cancel accepted reservations at any time. This does not entitle the player to any claims against the provider. In this case, the price paid will be refunded in full.
10. exchange (for products)
An exchange of products is fundamentally excluded
11. Warranty
The Company guarantees that the product complies with the product specifications as stated in the online shop. If the customer discovers a deviation upon delivery/collection, he must notify the company immediately, but at the latest within 5 days of delivery/collection, otherwise the product shall be deemed to have been approved.
The Company warrants the Product to be free from defects for a maximum period of 24 (twenty-four) months.
Any defect must be reported to the Company immediately. It is up to the Company to decide whether the defective product is to be repaired or replaced. Only if replacement or repair is not possible is the customer entitled to a reduction or refund of the purchase price.
The claim for reimbursement of costs in the case of third-party repairs is excluded. During the time of repair, the customer is not entitled to a replacement product. The warranty starts anew for the repaired element, the original warranty period continues for the remaining elements of the product.
The company guarantees to perform the agreed services in the quality customary in the industry.
12. Liability
Liability for any indirect damage and consequential damage is excluded in full.
Liability for direct damage is limited to the sales price of the product/service. This limitation of liability does not apply to direct damage caused by gross negligence or intent.
The client is obliged to report any damage to the company immediately. Any liability for auxiliary persons is fully excluded.
12.1 Liability for third-party suppliers (e.g. restaurants)
The client is liable for all damage caused to rooms, facilities, equipment and furniture through his own fault or through the fault of third parties engaged or invited by him.
Should additional costs be incurred due to extraordinary soiling, extensions (outside opening hours), these are to be borne by the customer.
13. intellectual property rights
All rights to the products, services and any trademarks are vested in the Company or it is authorised to use them by the owner.
Neither these General Terms and Conditions nor any individual agreements pertaining thereto shall include the transfer of any intellectual property rights, unless this is explicitly mentioned.
In addition, the Client is prohibited from any further use, publication or making available of information, images, texts or anything else which the Client receives in connection with these provisions, unless explicitly authorised by the Company.
If the customer uses content, texts or pictorial material in connection with the company in which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
The Company explicitly reserves the right (and the Client explicitly consents to this by signing these GTC) to use the images it takes of the Client for promotional purposes. These pictures may be used by the Company on social media channels, on the homepage and/or under the Google entry / TripAdvisor for the purpose of self-promotion.
14. data protection
The Company may process and use the data recorded within the framework of the conclusion of the contract for the fulfilment of the obligations arising from the contract. The Company shall take the measures required to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to courts or authorities or to third parties if ordered to do so. If the Client has not expressly prohibited it, the Company may use the data for marketing purposes. The data necessary for the performance of the service may also be passed on to commissioned service partners or other third parties.
Furthermore, the data protection provisions apply.
15. changes
These General Terms and Conditions may be amended by the Company at any time. The new version shall come into force 30 (thirty) days after the Company has posted it on the Website. In principle, the version of the GTC in force at the time of the conclusion of the contract shall apply to the Client. Unless the Client has agreed to a newer version of the GTC.
16. priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTCs shall take precedence over these GTCs.
17 Severability clause
Should a provision of this contract or an annex thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision.
The same shall also apply to any gaps in the contract.
18. Confidentiality
Both parties, as well as their auxiliary persons, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in force even after the termination of the contract.
19 Force majeure
If the timely performance by the Company, its suppliers or third parties involved becomes impossible as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, bankruptcy or delay in delivery by a supplier, the Company shall be released from the performance of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 60 (sixty) days, the Company may withdraw from the contract. The Company shall refund to the Client in full any payment already made.
Any further claims, in particular claims for damages as a result of vis major, are excluded.
20. agents and distributors
The Client acknowledges that any distributors or agents work independently of the Company and that any potential claims must be made directly against them. The Company shall not be liable in any way for any breach of contract by any agent or distributor.
21 Applicable law / place of jurisdiction
These GTC are subject to Swiss law. Insofar as no mandatory statutory provisions prevail, the court at the Seat of the company competent. The company is free to bring an action at the defendant's place of business. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.
Status, 01.03.2022