General Terms and Conditions of EXITROOM GmbH
for the booking and implementation of live-escape events
1. Scope of application of the GTC
1.1 These General Terms and Conditions regulate the business relations between EXITROOM GmbH as organizer and those customers who book a Live-Escape-Room via “exitroom.com” or otherwise.
1.2 Provider and organizer
EXITROOM GmbH, Gerlachstrasse 39, 14480 Potsdam
represented by the managing director, Mr. Alexander Pevzner (Dipl.-Kfm.)
Registered at the local court Potsdam HRB 24294 P
Sales tax ID: DE277204392
Mobile: 0176 60301366
e-mail: info (at) exitroom.de
2. general provisions for the service
2.1 EXITROOM GmbH, hereinafter referred to as the Organizer, operates Live-Escape Rooms, which are carried out in rooms or room systems. The goal of the events is to solve the puzzles within a certain time and thus to escape the room.
2.2 The validity of these terms and conditions extends to all civil law relationships in connection with the Live-Escape Rooms.
2.3 By booking a date for an event of the organizer or by purchasing a voucher or other article or by signing an agreement for the realization of a special event, the customer accepts these terms and conditions as legally binding within the scope of the contractual relationship.
2.4 Any terms and conditions contrary to or deviating from these General Terms and Conditions are hereby rejected, unless the Organiser expressly agrees to them. This consent must always be given in writing. This shall also apply if reference is made to the customer’s GTC in the context of placing the order and the Organiser provides his services without reservation.
3. bookings and data protection
3.1 The booking of the events is preferably done via the booking system “Bookingkit” of the service provider bookingkit GmbH (“www.bookingkit.de”). The bookingkit GmbH provides its services as a vicarious agent of the organiser. The booking confirmation only and exclusively entitles the participant to attend the booked event on the specified date.
3.2 Rebooking changes are generally not possible. A rebooking can, however, be made by the organiser as a gesture of goodwill, taking into account the time remaining until the booked date. With the start of the event, the customer’s claim to the allocation of the room provided for in the booking expires. The organizer reserves the right to assert a claim for damages against the customer up to the amount of the expired booking price for futile room rent, personnel costs incurred and lost profits. In these cases, the claim for damages will be offset against the payments made by the customer.
3.3 The Organiser shall ensure that the data of the customers or participants are not passed on to third parties without their written consent, unless and insofar as this is necessary for the execution of the event and the settlement of bookings.
3.4 The Organiser shall ensure that customer data is treated confidentially in accordance with the data protection guidelines.
3.5 At the end of an event, group pictures are usually taken, which are posted on the Facebook fan page with the consent of the customers. Each customer can object to both the creation of the pictures and their publication at any time.
3.6 If a customer does not appear at the bindingly ordered date, the payment obligation remains in force.
3.7 A change of the order (e.g. time or number of participants) is excluded and is only for the goodwill of the provider.
4.1 Vouchers are only valid for the service listed on them and include the legal value added tax.
4.2 A claim for payment of the vouchers is excluded.
4.3 Vouchers issued by the Organiser lose their validity at the end of the first full calendar year following the date of issue of the voucher. After this period, the customer has no legal claim to the provision of services by the Organiser.
5. No actual deprivation of liberty, event expiry
5.1 For security reasons, the events are designed in such a way that customers are not actually prevented from leaving the room at any time. However, leaving the room generally results in an event being cancelled, unless it was necessary to leave the room. Leaving the room is required, for example, in case of unforeseeable health problems of a participant, a fire alarm or similar events.
5.2 For security reasons, the event room and the publicly accessible rooms will be monitored by video; there will be no permanent recording.
5.3 The participants should be there approx. 15 minutes before the start of the event in order to be instructed by the event manager.
5.4 In case of a delayed start of the event, the time of the event will be shortened accordingly, provided that the customer(s) is/are responsible for the delay and a normal course of the event is still possible in the remaining time.
6. protection of minors, suitability of the events
The organizer has to take care that the regulations of the law for the protection of minors (JuSchG) are observed and reserves the right to check the age of the customer in a suitable way.
The events are suitable for all visitors from the age of 16 who do not suffer from an illness or psychological impairment which could endanger their own health or that of others when participating in a live-escape event. Participants under the age of 16 may only participate in the event when accompanied by an adult.
7. No right of withdrawal according to distance selling law
With the service of enabling bookings for the live escape rooms via the Internet or by telephone, the organiser offers services from the field of leisure events. The law on distance selling according to § 312 g paragraph 2 No. 9 BGB does not apply to these services. This means that there is no right of revocation with regard to the declaration of intent regarding the bookings.
8. liability of the organiser, obligation to pay compensation
8.1 The organizer is not liable for lost wardrobe or lost or stolen valuables. The Organiser does not assume any duties of care in this respect.
8.2 Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the organiser, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the aim of the contract.
8.3 In the event of gross technical defects within the framework of the event, the customer is entitled to reimbursement of the booking price. Any further compensation is excluded, unless it is based on intent or gross negligence of the organizer or his vicarious agents.
9. rules of conduct for participants
9.1 All events in the rooms as well as the equipment of the rooms belong to the protected works according to § 2 Copyright Act. Customers are generally prohibited from taking photographs and making video or audio recordings, but may be permitted by the organiser upon request. In the event of unauthorized recording of an event or parts of an event, the organizer reserves the right to assert civil law claims and to file criminal charges.
9.2 The carrying of food and beverages in the event room as well as the consumption of food and beverages brought along in the event area is generally not permitted, but can be permitted by the Organiser on request.
9.3 Smoking is prohibited in the entire event area without exception.
9.4 The Organiser may refuse a customer access to the event area if there is reason to fear that the person concerned will disturb the performance or general business operations or annoy other visitors due to alcohol or drug consumption or for other reasons.
9.5 Animals must remain outside.
9.6 The customers commit themselves to a careful use of the furnishings and inventory of the event rooms for the duration of their stay at the venue. In the event of grossly negligent or intentional damage, the organizer reserves the right to make civil law claims and to file criminal charges against the person responsible for the damage.
9.7 The use of mobile phones is not permitted in the event rooms. The use of laser pointers and flashlights brought along is prohibited.
9.8 The organizer exercises the householder’s rights for the event area through the event managers present. The instructions of the event managers are to be followed.
10. severability clause
If individual provisions of these GTC are or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the content of the invalid provision.