AGB

  • Offer
    1. Via the website www.theescape.ch the escape Bern GmbH, Bollwerk 4, 3011 Bern, hereinafter called “Provider”, in accordance with these Terms and Conditions (hereinafter “GTC”) provides to interested persons (hereinafter called “Player” or “Customer” wherein there are also female players and customers) Games and Events (hereinafter called the “Games”). These games are performed in game’s venues which are listed on the website of Provider.
      These GTC apply between the Provider and the Players and regulate conclusive contractual relations. The Provider reserves his right to change these GTC at any time. Such changes will be published in a suitable manner (for example, on the website www.theescape.ch) or communicate (e.g. via e-mail). On Game reservations they are applicable to valid GTC at the time of reservation.
  • Conclusion of contract
    1. A contract between the Provider and the Players comes with the payment or the deposit of the game fee. With the payment or deposit of game fee Player acknowledges to have read, understood and accepted these GTC. In addition, the Player confirms that he does not suffer from claustrophobia nor to any other game processes’ restricting disease, restriction or mental disorder.
    2. A contract between the Provider and the Customer is carried out with the payment of articles from the online shop or on location. The given quantities and prices may be adapted by the Provider at any time. Buying an amount that exceeds the stock of the supplier can only be done in agreement with the Provider, meaning an extended delivery period, which is accepted by the Customer with the payment of the contract. The Provider can withdraw at any time because of the disruptions of supplies, errors in communication of prices or stating compelling reasons and reimburse the Customer the full purchase’s price excluding any costs that occur because of any orders of supplies. The automatic reply about the purchase which the customer receives after being appointed is not to be understood as confirmation of delivery but merely indicates that the Provider received the order.
  • Prices
    1. Unless otherwise offers, all prices are in Swiss francs (CHF). All prices include applicable value added tax (VAT).
    2. The prices include shipping and payment charge and other possible applicable taxes.
    3. The Provider reserves the right to change prices at any time. At the time of the contract’s conclusion the valid prices are on the Provider’s website and according to the price list of the Provider.
  • Rules of the game
    1. The Provider reserves the right to cancel any accepted reservations at any time. Thereby, the Player cannot derive any claims against the Provider.
    2. The Players have only 60 minutes to play. If the Player is late, then their season is reduced by the length of their delay.
    3. The Player has no right to a refund of paid at the time of reservation amount.In case of cancellation, the slot will be re-opened for booking. Should the slot be booked by another party, the original party may receive a voucher valued at their booking for a future booking.
    4. In case of a missed game event without a notice (from one hour after the match), Players are required to pay the full price for the reserved Games.
    5. If the Players are ready before the end of the 60 minutes of playing time or cannot free themselves within the 60 minutes gameplay by solving all tasks or enter prematurely, they are not entitled to a refund of the match fee or a part thereof.
    6. Children under the age of 16 may only participate with an adult, the adult will be counted as a Player. The games are not suitable for children under 6.
    7. All Players are previously instructed by the staff of the Provider. The instruction begins 15 minutes before the start of the game. Only after this instruction the Players are left in the room. The maximum playing time per game (without instruction) is 60 minutes.
  • Rights and obligations of the Provider, responsibilities
    1. The Provider is responsible for compliance with all legal requirements. The Provider explains and accepts the responsibility that he has right to carry out the offered games. It shall in particular ensure that not violated by the Games are no third party rights or other rights (e.g. copyright, trademark, patent and privacy rights, rights of competition law nature) or any other applicable law or morality.
    2. The Provider has the right before or during the game not to allow one or multiple Players of the team for the game or to exclude from the game if:
      – No reservation has been made;
      – Game rules are violated;
      – The consent form is not signed;
      – The instructions from the staff of the Provider are not obeyed;
      – The furniture is damaged or stolen;
      – The behavior of one player leads to the harassment of other players;
      – The game fee is not paid in full before the game starts;
      – Disturbed public order or public morals are endangered;
      – A Player is in a state of alcoholic intoxication, behaves inappropriately or aggressive;
      – Other, when in Switzerland forced laws are violated.
    3. The Provider shall not specify any reasons for non-admission or exclusion from the game. Hence the Player cannot claim against the Provider. In particular, the Player is not entitled to holistic or partial reimbursement of the game fee.
    4. The Provider reserves the right to monitor the reception and game rooms (but not the toilets) via video. This will ensure the safety of the staff of the Provider and the Player. It’s not allowed to record images and store them over a period of more than 7 days. By paying the game fee and the associated acceptance of the GTC, the Player takes on the video surveillance knowledge and declares his express consent.
  • Rights and obligations of the Player, responsibilities
    1. The Players are jointly liable for the damages caused at the venue and in the game room. If objects, that were located at the beginning of the game in the game room, absence after the game, the Players have to compensate it to the Provider according to the price list. The Players have to deal with the venue and the game rooms and the furniture therein with the utmost care. Any damage must be reported immediately to the Provider.
    2. The Players have the opportunity to store their personal items in a lockable box at the venue. During the game, Players keep the key of the depot. Any liability for loss or damage of brought by Players personal items is conditioned on the legally permissible measure.
    3. In general, the Players are required always to follow all instructions of the Provider or its staff.
  • Warranty
    1. The statutory warranty claims are applied.
    2. Any lack is to be shown to the Provider. The Provider must determine whether the defective product is repaired or replaced. Only when a replacement or a repair is not possible, the Customer is entitled to a price reduction or refund. Entitlement to reimbursement in foreign repairs is excluded. During reparation period, the Customer is not entitled to a replacement product. The warranty starts anew for the repaired item for the remaining elements of the product continues the original warranty period. The Provider ensures the agreed services in standard quality perform.
  • Liability of the Provider
    1. The Players participate in the Games in principle at their own risk.
    2. Any contractual or non-contractual liability for damages by the Provider in connection with the participation in the offered Games or the relevant reservation process is extent permitted by law excluded. The liability of the Provider for direct damages is limited to the amount of the game fee.
    3. The above limitations do not apply to claims based on intentional or grossly negligent injury to life or limb.
    4. Any liability is also excluded for indirect and consequential damages.
  • Intellectual Property Rights
    1. All rights to the products, services and any brands stand to the Provider or it is entitled to its use by the owner. Neither these GTC nor associated Individual agreements have the transmission occurring to any intellectual property rights to the content, unless this would be explicitly mentioned. In addition, any further use, publication and making available information, images, text or other which the Customer receives in connection with these provisions is prohibited, unless it had explicitly approved by the manufacturer. If the Customer uses to which third parties have a property right in connection with the seller contents, texts or pictorial material, the Customer must ensure that no rights of third parties are violated.
  • Data backup and data protection
    1. The Provider may process and use the data collected from the contract to fulfill the obligations under the contract. The Provider shall take the measures which secure the information as required by law. The Player understands and fully agree with the storage and contractually agreed use of his data by the Provider and is aware that the Provider obliged and entitled to arrange of courts or authorities’ information the Player has to announce this or any third party. If the Player has not forbidden it explicitly, the Provider may use the data for marketing purposes. The performance data can also be forwarded to instruct service partners or other third parts. Furthermore, the data protection provisions are applied.
  • Changes
    1. These terms and conditions can be changed by the Provider at any time. The new version comes into force 30 days after activation on the website of the Provider.
    2. For the Customers basically acts the version of the GTC which is in force at the time of conclusion of the contract. It is possible, that the Customer had agreed to a newer version of the GTC.
  • Priority
    1. These GTC take precedence over any earlier provisions and treaties. Only the provisions of individual contracts which specify the provisions of these GTC are above.
  • Severability
    1. If any provision of this contract or a supplement of this contract are or become invalid, so the validity of the remaining provisions shall not be affected. The Parties shall replace the invalid provision by a valid provision which comes closest to the intended economic purpose of the invalid provision. The same holds true for any loopholes in the contract.
  • Confidentiality
    1. Both parties, as well as their assistants, undertake to treat all information which has been submitted to or acquired in connection with the services to be treated as confidential. This obligation remains even after the termination of the contract.
  • Force Majeure
    1. If the timely performance by the Provider, its suppliers or third parties brought as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, bad weather, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents resp. Reactor damage impossible, so the Provider is freed during the force majeure and a reasonable time after the end time of the fulfillment of the relevant obligations. If the force majeure lasts for more than thirty (30) days, the Provider may withdraw from the contract. The Provider has to fully refund the fee to the Customer.
  • Applicable Law and Jurisdiction
    1. These GTC are subject to Swiss law. Unless mandatory statutory provisions do, the court of the Provider’s location is responsible. The Provider is free to raise a claim at the seat of the defendant. The United Nations Convention on Contracts for the International sale of goods (SR 0.221.221.1) is explicitly excluded.

Bern, 28.01.2018 Version 01/2018