General terms and conditions

General terms and conditions

A. General regulations to the trading conditions

B. General provisions governing the contractual relationship

C. Special conditions for offline bookings

D. Special conditions for e-commerce (esp. booking at https://www.adventurerooms.de/airlines/)

E. General Terms of Use for ParticipantsF. Final provisions

A. General regulations to the trading conditions

1. scope of application, authority to make changes, contents of contract, change of contractual partner

1.1 These General Terms and Conditions apply to transactions between AdventureRooms Deutschland Ost GmbH Königsbrücker Straße 85, 01099 Dresden, Germany (hereinafter referred to as “AdventureRooms”) and its contractual partners (hereinafter referred to as “Customers”).

1.2 AdventureRooms offers customers (consumers and entrepreneurs) the opportunity to participate in real-time games (Escape Room simulations). A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity (§ 13 BGB). Entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction (§ 14 Paragraph 1 BGB).

1.3 These GTC are an essential part of every concluded contract. They shall also apply to future business relations with the customer without their renewed express inclusion being necessary. In principle, the following essential contractual provisions apply in the listed order: Individual contract (in particular offer and acceptance); special (product- or service-related) contractual conditions (BVB) of AdventureRooms, in particular for certain services, the general terms of use for participants, the present General Terms and Conditions.  The currently valid version can be viewed on the Internet at https://www.adventurerooms.de/dresden/agb/ and called up at any time. The customer also has the option of printing out or saving the GTC and BVB (pdf file).

1.4 Deviating terms and conditions of the customer as well as changes and additions shall only be valid if they are recognised by AdventureRooms. This also applies if the customer’s general terms and conditions have not been expressly contradicted.

1.5 AdventureRooms can change the General Terms and Conditions at any time without stating reasons, even with validity for an existing contractual relationship. AdventureRooms will inform the customer about changes in text form (e-mail) at least 14 working days before they come into effect. The customer’s consent is deemed to have been given if he has not indicated his rejection within 14 days of notification of the changes. The AdventureRooms will point out this approval effect to the customer separately. Should a change change change the services or deviate from the content, the intended adjustment must be reasonable taking into account the interests of the customer.

1.6 AdventureRooms may assign the performance of contractually agreed deliveries and services to subcontractors. AdventureRooms may also transfer its rights and/or obligations from the contractual relationship to one or more third parties (assumption of contract and/or debt, assignment). The customer has the right to withdraw from the contract in case of assumption of contract and/or debt.

B. General provisions governing the contractual relationship

2. contract offer, contract conclusion and contract adjustments

2.1 All presentations and other service descriptions, in particular on the https://www.adventurerooms.de/dresden/ website, are non-binding.

2.2 The essential contractual provisions shall be set out in an individual contract. The customer shall specify the desired service (rooms, number of participants, date) as well as the necessary truthful personal data. If a third party (in particular a sales partner of AdventureRooms) has participated in the conclusion of the contract, AdventureRooms does not recognize objections of the customer which the customer derives from an additional contractual relationship with the third party.

2.3 A contract is only concluded when AdventureRooms has unconditionally accepted the customer’s offer or begins with the owed acts of performance (e.g. provision of the concrete rooms). In the latter case, the customer waives receipt of the declaration of acceptance.

2.4 The reservation of a room by the customer is a binding offer according to § 145 BGB to conclude a contract. The prerequisite is the availability of the room, the payment of a deposit and the proper completion of the booking process. AdventureRooms is entitled to refuse a reservation/booking without stating any reasons, in particular no advance payment.

2.5 The concrete order and/or master data of the customer are stored with AdventureRooms. The customer can contact AdventureRooms via a contact form (https://www.adventurerooms.de/dresden/#kontakt, using the e-mail address dresden(at)adventurerooms.de or by telephone at the service hotline: 49 (0) 351 323 40 70 5) to change the address, address or the booking period or payment method. This happens in the E-Commerce process for the security of the customer, over an encoded data communication (TSL/ SSL – Transport Layer Security/ Secure Sockets Layer).

2.6 AdventureRooms are to be indicated immediately all facts essential for the business relation, in particular changes of the name, the address, the counter account, the disposal or obligation ability of the customer or the persons entitled to represent him as well as announced representation or disposal authority (in particular contact person). If the customer culpably fails to notify us of any changes to his contractual data, he shall bear the costs of determining the data necessary for the execution of the contractual relationship.

2.7 Should it turn out that the customer has provided AdventureRooms with incorrect and/or incomplete information (e.g. to meet the customer’s conditions for participation/suitability, or to provide the customer with the necessary information), AdventureRooms shall be obliged to bear the costs for the determination of the data necessary for the execution of the contractual relationship. participant) about the provision of the contractual services or, despite their request, has not made essential information about the provision of the contractual services fully or partially accessible and AdventureRooms incurs additional costs as a result of the inadequate procurement of information, which were not foreseeable before the conclusion of the contract, AdventureRooms is entitled to demand subsequent negotiations with the aim of an appropriate and reasonable adjustment of the remuneration and/or service description for the customer. Should the contracting parties be unable to agree, AdventureRooms is entitled to suspend the contractual services and/or terminate the contract in whole or in part for good cause.

3. prerequisites for participation as well as duty of cooperation of the customer

3.1 Customers and separate participants (up to 12 players) are eligible to participate. Persons entitled to use the services must meet the following minimum requirements: a minimum age of 16 years, fulfilment of the physical and mental conditions described separately prior to participation, and participation in a training/instruction course prior to the commencement of AdventureRooms services.

3.2 Performance dates and deadlines are only binding if they have been confirmed by AdventureRooms. The customer undertakes to inform AdventureRooms in good time of the necessity of any postponements in order to enable AdventureRooms to make appropriate arrangements.

3.3 Unforeseeable, unavoidable events that are beyond the control of AdventureRooms and for which AdventureRooms cannot be held responsible, such as force majeure, release AdventureRooms from the obligation to perform for the duration of such events. Agreed performance periods shall be extended by the duration of the disruption; the customer shall be informed of the occurrence of the disruption in an appropriate manner. If the end of the disruption is not foreseeable or if it lasts longer than one month, each party is entitled to terminate the contract. This applies mutatis mutandis if the aforementioned circumstances occur at a subcontractor of AdventureRooms.

3.4 The customer must provide AdventureRooms with all information and documents required for the performance of the services (in particular, if requested, identification papers) in good time, pay any agreed down payments as agreed, grant approvals and releases and carry out any other necessary cooperation actions.

3.5 The customer exempts AdventureRooms from all claims of third parties (including the costs of legal proceedings) which exist or are asserted due to violations of the above obligations or the General Terms of Use for participants.

4. cancellation and termination

4.1 The customer is obliged to leave the rooms properly at the end of the agreed period of use. If the customer continues to use the rooms, the usage relationship will not be extended in accordance with § 545 BGB (German Civil Code).

4.2 AdventureRooms is entitled to cancel the contract in the event of non-payment of the down payment within a period of 4 days after conclusion of the contract. The customer has the possibility to terminate the contract unilaterally in the following cases,

4.3.1 Free cancellation up to 120 hours before the start of the service,

4.3.2 Cancellation up to 48 hours before the start of the service (non-refunding of the deposit),

4.3.3 Cancellation with costs in the period of 48 hours up to the beginning of the service (payment of the full agreed remuneration). The customer shall be permitted to prove that no damage was incurred or that the damage was significantly lower than the lump sum.

4.4 If the agreed contractual remuneration opens up the possibility of cancellation free of charge and/or with costs, the customer must exercise his rights in due time. Irrespective of this, AdventureRooms is at liberty to terminate the contract with the customer in an orderly or extraordinary manner. An extraordinary termination is possible in particular if an important reason, e.g.

4.4.1 Significant deterioration of the customer’s financial situation,

4.4.2 Improper use or use in contravention of clause 4,

4.4.3 there are outstanding remuneration claims which have not been settled despite a reminder.

5. remuneration and terms of payment

5.1 If the contracting parties have not agreed on a specific remuneration, this shall be determined according to the AdventureRooms price list valid at the time of conclusion of the contract or, if no such price list exists, according to the usual remuneration (within the meaning of § 632 paragraph 2 BGB) plus ancillary costs (e.g. fuel expenses as well as statutory sales tax). Discounts are not granted.

5.2 The remuneration is to be paid for the agreed performance period in accordance with the staggering according to 4.3, i.e. refunds are not made in the event of a delayed start of performance by the customer/the participants, failure to reach the agreed number of participants, non-acceptance of the General Terms and Conditions of Use for Participant Conditions or premature termination by the participants.

5.3 The customer is obliged to make the agreed down payment (at least € 25.00) after booking. The remaining balance is to be paid immediately before the start of the services at the event location.

5.4 AdventureRooms is not obliged to accept cheques or bills of exchange; the acceptance of bills of exchange or cheques does not in any case imply a deferment of payment. Bills of exchange charges shall be borne by the customer; bills of exchange shall only be accepted on account of performance. 5.5 Unless otherwise agreed in individual cases, the following terms of payment shall apply:

5.5.1 The down payment is due upon conclusion of the contract; the remaining payment is due before the commencement of performance.

5.5.2 AdventureRooms will send the customer an invoice for the contractual services rendered (exclusively electronically and/or in text form). The customer is allowed to pay the deposit by PayPal, Klarna/ IMMEDIATELY bank transfer as well as credit card or the balance in cash. The claims are payable with invoicing, unless AdventureRooms indicates a separate payment period in the invoice. If a trustee service/payment service provider (e.g. PayPal) is used, this AdventureRooms enables the customer and the AdventureRooms to process the payment with each other. The trustee service/payment service provider forwards the customer’s payment to AdventureRooms. Further information can be found on the website of the respective trust service/payment service provider.

5.5.3 If the customer does not pay within 7 days of receipt of the invoice or within the payment period stated in the invoice, or if the customer does not pay within an otherwise agreed payment period, he shall be in default in accordance with § 286 Para. 2 No. 1 or 2 BGB without further reminder, with the result that default interest shall be owed in accordance with § 288 Para. 1 BGB.

5.5.4 If the customer defaults on his payment obligations, AdventureRooms will charge a reminder fee for each reminder (at least € 3.00). AdventureRooms reserves the right to assert further damage caused by default or to refuse performance/cancellation according to 4.3.

5.6 The customer must raise objections in writing to the billing of the services provided by AdventureRooms within fifteen (15) working days of receipt of the invoice. After expiry of the aforementioned period, the invoice shall be deemed to have been approved by the customer. AdventureRooms undertakes to draw the customer’s special attention to the intended significance of his conduct at the beginning of the period.

6. liability of the contracting parties

6.1 In the event of damage to the furnishings of the rooms or the means of performance made available as well as breaches of the General Terms of Use, the customer shall be liable in principle in accordance with the general rules of liability.

6.2 AdventureRooms is liable, regardless of the legal basis, for damages or compensation for futile expenses in the full amount only for damages of the customer due to intentional or grossly negligent conduct, fraudulent concealment of a defect, in the case of the assumption of express guarantees as well as warranted properties of quality and/or durability, in the case of damages from injury to life, body or health, for claims arising from product liability as well as in the case of mandatory statutory regulations.

6.3 In the event of a negligent breach of material contractual obligations (cardinal obligations), AdventureRooms is liable – notwithstanding the cases mentioned in paragraph 2 – only to a limited extent for damage typical of the contract and reasonably foreseeable at the time of conclusion of the contract. Cardinal obligations are obligations the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and the observance of which the contractual partner may regularly rely on.

6.4 Several cases of damage which have the same cause of damage shall be regarded as one damage event (continuation context/unit of facts).

6.5 AdventureRooms merely makes the contractual services available for use by the customer and is not liable for damages incurred by the customer through the use of these (misuse).

6.6 Otherwise, AdventureRooms shall not be liable for material damage or financial loss (in particular lost profits, futile expenses, indirect damage or consequential damage). Insofar as applicable, legally mandatory liability regulations remain unaffected.

6.7 Insofar as the liability of AdventureRooms towards the customer is limited or excluded, this applies accordingly to legal representatives, employees, freelancers and other vicarious agents of AdventureRooms.

7. statute of limitations

7.1 According to the statutory provisions, claims based on intentional or grossly negligent actions of AdventureRooms, a legal representative or vicarious agent of AdventureRooms as well as claims for damages resulting from injury to life, body or health shall become statute-barred.

7.2 For all other contractual and legal claims against AdventureRooms, the limitation period is one (1) year. The same period applies to other warranty rights of the customer.

8. data protection and confidentiality

8.1 AdventureRooms undertakes to treat all confidential information as confidential for an unlimited period of time and to use it only for the agreed purpose and to comply with the applicable data protection and data security regulations.

8.2 All personal data disclosed will be collected, processed or used exclusively in accordance with the applicable data protection conditions (details on this can be found in the data protection declaration – available at https://www.adventurerooms.de/dresden/datenschutz/).

8.3 Within the framework of the processing of payments (cf. 6.), as well as the delivery, personal data of the customer may be passed on to the respective recipients for a specific purpose and processed by them. A use for foreign business purposes (e.g. advertisement and address trade) does not take place.

8.4 For security reasons, the rooms are equipped with video surveillance. This optical-electronic measure enables AdventureRooms (represented by game leaders located at the venue) to observe the participants during the performance period or to pursue actions or omissions. The data processing is done for the avoidance of health risks or game theoretical risks for the participants. As a matter of principle, there will be no recording. The data that can be recorded in exceptional cases will be deleted immediately after the end of the service, unless the interests or fundamental rights and freedoms of the person concerned, which require the protection of personal data, predominate, A further recording or processing for other purposes does not take place.

C. Special conditions for offline bookings

9. booking with AdventureRooms If it is possible, the services can be booked directly at the AdventureRooms location. The regulations apply accordingly if not explicitly applicable.

D. Special contractual relationships for e-commerce (in particular at https://www.adventurerooms.de/dresden)

10. conclusion of a contract in e-commerce (in particular under https://www.adventurerooms.de/dresden/)

10.1 The customer may submit an offer to conclude a contract for the service requested by him. For this purpose, after entering the required minimum registration data: first name and surname, company/institution/organisation address (street, city, postal code), e-mail address and telephone number, desired room and number of participants, date and time of participation, he must submit an offer to conclude a contract by clicking on the “Order and pay” button. The required data must be provided completely and truthfully.

10.2 Before submitting the order declaration, the customer has the opportunity to check, change or correct all details again, in particular to identify or correct input errors.

10.3 The customer receives a technical confirmation of receipt in text form (by e-mail message) after submitting his contract offer. This confirmation of receipt of the offer does not yet constitute a declaration of acceptance pursuant to Section 2.3 (cf. under B.).

10.4 The customer shall receive a separate order confirmation on a permanent data carrier (e-mail message) immediately after conclusion of the contract, in which the contents of the contract are reproduced.

11. special rights and obligations of the contracting parties in e-commerce

11.1 The customer may not violate legal prohibitions, morality and the rights of third parties (trademarks, name rights, copyrights, data protection rights, etc.) through the measures arranged by him in connection with the provision of services by AdventureRooms (access to the website or participation in services). He may use the services of AdventureRooms for his own purposes.

11.2 AdventureRooms expressly points out to the customer that data protection for data transmissions in “open networks”, such as the Internet, cannot be comprehensively guaranteed according to the current state of the art. Third parties may under certain circumstances be technically in a position to intervene in network security without authorisation and to inspect data traffic. The customer is responsible for the security and backup of the stored data.

12. right of revocation for consumers with the acquisition of coupons

12.1 Consumers (see point 1.2) are free to revoke the contract declaration according to the conditions laid down in the declaration of revocation see 12.5 (or visible under url ) if they purchase a voucher for performance from AdventureRooms.

12.2 According to § 312g paragraph 2 no. 9 BGB, the right of revocation does not exist, unless otherwise stipulated, for example in the case of contracts for the provision of services in the areas of the provision of further services in connection with leisure activities, if the contract provides for a specific date or period for the provision. This is therefore excluded for the provision of services with the exception of the purchase of vouchers by AdventureRooms.

12.3 The right of revocation expires at the latest twelve months and 14 days after the beginning of the revocation period. In the case of a contract for the provision of services, the right of revocation shall also expire if the entrepreneur has completely provided the service and has only begun to provide the service after the customer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of revocation when the contract has been completely fulfilled.

12.4 In the event of revocation, the customer shall bear the direct costs of returning the goods.

12.5 Cancellation Policy

E. General Terms of Use for Participants

13. general conditions for participation

13.1 The client or the participants are aware that the services provided by AdventureRooms may impair the psychological and physical constitution of the person concerned. Game tasks and puzzles can be solved without significant effort.

13.2 Before the start of the service, each participant will be informed of any risks that may arise and will be instructed or trained by employees/playing instructors of AdventureRooms on how to deal with or the basic rules of conduct.

13.3 Participation is only possible if the person concerned expressly declares his or her agreement with the resulting risks (see also 15) within the framework of a separate instruction sheet.

13.4 All participants are entitled at any time to cancel the use of services or to end and/or leave games that have already begun. For this purpose, it is sufficient to contact the administrator, who can visually and acoustically follow the event during the entire performance period via video surveillance.

13.5 Participants are not permitted to photograph, film, describe in detail or otherwise make publicly accessible the services of AdventureRooms without written consent. If the participant culpably violates the above regulation, AdventureRooms is entitled to demand from the participant a contractual penalty to be determined by AdventureRooms at its reasonable discretion, which in the event of a dispute must be reviewed by the competent court.  The assertion of claims for damages remains reserved.

14 Special conditions for participation / delimitations

14.1 The client or the participants are aware that the services provided by AdventureRooms may impair the psychological and physical constitution of the person concerned. The game-theoretical approach of AdventureRooms can therefore be associated with a restriction of physical integrity as well as physical integrity. This includes in particular:

14.1.1 Entering dark, narrow and unlit rooms or places (possibly causing anxiety or phobia),

14.1.2 the possibility to tie up participants and/or lock them up separately or at the exit (e.g. restriction of freedom of movement),

14.1.3 cause the participants to act or refrain from acting (restriction of freedom of resolution)

14.2 AdventureRooms welcomes the participation of people with disabilities in the services offered, but points out that in this case participation may be difficult or impossible; to this extent AdventureRooms requests coordination with AdventureRooms before using the services. It is the participant’s free decision to use the AdventureRooms services (including physical, mental and motor skills). Participants are not eligible to play:

14.2.1 with cardiac writers / heart complaints as well as high blood pressure or cardiovascular diseases or vascular anomalies),

14.2.2 relevant diseases such as claustrophobia and/or epilepsy, 14.2.3 persons under the influence of drugs or alcohol, and

14.2.4 other disorders of the motor movement or central nervous system.

14.3 In consideration of the above, participants are generally not permitted to do so:

14.3.1 to handle performance/tasks with the use of force or force.

14.3.2 to prevent other participants from aborting their participation or to force them to act or refrain from acting against your will,

14.3.3 technical precautions (e.g. cable ducts, video cameras, exits or escape routes subject to fire protection or sovereign regulations) to block, bypass and/or deliberately or intentionally destroy them.

14.4 The participant affirms that he is physically unharmed and in a position to use the services at his own risk. AdventureRooms is not liable to participants for damage to property or the body, life or health or impairments that arise and/or can arise as a result of the participants’ own risk-related actions, in accordance with Item 6 of the General Terms and Conditions.

F. Final provisions

15. final provisions

15.1 Amendments or supplements to the terms and conditions must be made in writing. If AdventureRooms does not insist on the full and/or partial observance or fulfilment of one of the conditions or provisions as well as the supplementary regulations, this shall not be understood as acknowledgement of the act of infringement or waiver of a future application of the relevant condition, provision, option, right or remedy.

15.2 The customer may only set off claims for remuneration against AdventureRooms with legally established claims or claims recognised by AdventureRooms.

15.3 The assignment or pledging of claims or rights to which the customer is entitled against AdventureRooms is excluded without the consent of AdventureRooms.

15.4 The law of the Federal Republic of Germany shall apply exclusively to the exclusion of international private law (in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG) or conflict of laws (IPR)). Place of performance (as well as place of jurisdiction in the event that the customer is a merchant, legal entity under public law or special fund under public law) for all disputes arising from or in connection with this contract is the registered office of AdventureRooms. AdventureRooms is also entitled to sue the customer at his general place of jurisdiction. Any exclusive place of jurisdiction remains unaffected.

15.5 The invalidity, unenforceability or ineffectiveness of individual provisions of the terms and conditions, even if they are incorporated later or regulated in a supplement, does not affect the validity of the remaining provisions. Instead of the invalid, void or unenforceable condition, a condition shall be deemed agreed which, as far as legally possible, comes closest to what is economically intended in accordance with the sense and purpose of the invalid, void or unenforceable condition. The same shall apply to unintended loopholes; in such a case, a condition shall be deemed agreed which comes closest to what would have been regulated in accordance with the spirit and purpose of the present contract if the parties had been aware of the loophole; or should a condition be ineffective with regard to a period of time or a fixed conduct.