T&C

General Terms and Conditions of EXITROOM GmbH for the Booking and Performance of Live Escape Events

1. Scope of the Terms and Conditions

1.1 These General Terms and Conditions govern the business relationships between EXITROOM GmbH as the organizer and those customers who book a live escape room via “exitroom.de” or otherwise.

1.2 Provider and Organizer

EXITROOM GmbH, Gerlachstrasse 39, 14480 Potsdam
represented by the Managing Director, Mr. Alexander Pevzner (Dipl.-Kfm.)
Registered with the Local Court of Potsdam, Commercial Register HRB 24294 P
VAT ID: DE277204392
Phone:  +4930544527950
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 that take place in rooms or room systems. The goal of the events is to solve the given puzzles within a specified time and thus 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 items, or by signing an agreement for the performance of a special event, the customer acknowledges these General Terms and Conditions as legally binding within the contractual relationship.

2.4 Conflicting terms and conditions or terms and conditions deviating from these GTC are hereby rejected unless the organizer expressly agrees to them. Such consent must generally be in writing. This also applies if reference is made to the customer’s GTC in the context of placing the order and the organizer performs its services without reservation.

3. Bookings and Data Protection

3.1 Event bookings are preferably made via the “Bookingkit” booking system of the service provider bookingkit GmbH (“[www.bookingkit.de”](http://www.bookingkit.de”)). bookingkit GmbH provides its services as a vicarious agent of the organizer. The booking confirmation solely and exclusively entitles the holder to attend the booked event at the specified date and time.

3.2 Rebookings are generally not possible. However, a rebooking may be made by the organizer as a gesture of goodwill, taking into account the time remaining until the booked date. At the start of the event, the customer’s claim to the allocation of the room envisaged in the booking lapses. The organizer reserves the right to assert a claim for damages against the customer up to the amount of the forfeited booking price for futile room rental, personnel costs incurred, and lost profit. In such cases, the claim for damages will be offset against payments made by the customer.

3.3 The organizer ensures that customer and participant data will not be passed on to third parties without their written consent, unless and to the extent necessary for the performance of the event and the processing of the booking.

3.4 The organizer ensures that customer data is treated confidentially in accordance with data protection policies.

3.5 At the end of an event, group photos are usually taken which, with the customers’ consent, are posted on the Facebook fan page. Every customer may object to both the creation of photos and their publication at any time.

3.6 If the customer fails to appear at the bindingly ordered appointment, the payment obligation remains.

3.7 Any change to the order (e.g., time or number of participants) is excluded and is subject solely to the provider’s goodwill.

4. Vouchers

4.1 Vouchers apply exclusively to the service specified on them and include the statutory VAT in terms of value.

4.2 There is no entitlement to a cash payout of vouchers.

4.3 Vouchers issued by the organizer expire at the end of the third full calendar year following the date of issue. After this period expires, the customer no longer has any legal claim to performance by the organizer.

5. No Actual Deprivation of Liberty; Event Procedure

5.1 For safety reasons, the events are designed so that customers are not actually prevented from leaving the room at any time. Leaving the room generally results in termination of the event, unless leaving was required. Leaving is required, for example, in the event of unforeseeable health problems of a participant, a fire alarm, or similar incidents.

5.2 The event room and the publicly accessible premises are monitored by video for safety reasons; no permanent recording takes place.

5.3 Participants should arrive approximately 15 minutes before the start of the event to receive a briefing from the event supervisor.

5.4 In the event of a delayed start of the event, the event time will be shortened accordingly if the delay is attributable to the customer(s) and a normal event procedure is still possible within the remaining time.

6. Protection of Minors; Suitability of the Events

The organizer is responsible for complying with the provisions of the Youth Protection Act (JuSchG) and reserves the right to verify the customer’s age in an appropriate manner.

The events are suitable for all visitors aged 16 and over who do not suffer from an illness or mental impairment that could pose a danger to their own health or that of others when participating in a live escape event. Participants under 16 years of age may only take part in the event when accompanied by adults.

7. No Right of Withdrawal under Distance Selling Law

By offering the service of enabling bookings for live escape rooms via the internet or by telephone, the organizer provides services in the field of leisure activities. The distance selling law pursuant to § 312g (2) no. 9 BGB does not apply to these. This means that there is no right of withdrawal with regard to the declaration of intent concerning the bookings.

8. Liability of the Organizer; Duty to Compensate

8.1 The organizer is not liable for lost cloakroom items or for lost or misplaced valuables. The organizer assumes no safekeeping obligations in this respect.

8.2 The customer’s claims for damages are excluded. Exempt from this are claims for damages by the customer arising from injury to life, body, or health, or from the breach 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 organizer, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

8.3 In the event of serious technical defects during the event, the customer is entitled to a refund of the booking price. Any further claim for damages is excluded unless it is based on intent or gross negligence on the part of the organizer or its vicarious agents.

9. Rules of Conduct for Participants

9.1 All events in the rooms as well as the furnishings of the rooms are protected works pursuant to § 2 of the German Copyright Act (Urheberrechtsgesetz). Photography and making video or audio recordings are generally prohibited, but may be permitted by the organizer upon request. In the event of an unauthorized recording of an event or parts of an event, the organizer reserves the right to assert civil claims and to file criminal charges.

9.2 Bringing food and beverages into the event room and the consumption of brought food and beverages in the event area are generally not permitted, but may be permitted by the organizer upon request.

9.3 Smoking is strictly prohibited throughout the event area.

9.4 The organizer may refuse a customer entry to the event area if there is reason to fear that, due to alcohol or drug consumption or for other reasons, the person will disrupt the performance or general business operations or harass other visitors.

9.5 Animals must remain outside.

9.6 Customers undertake to use the furnishings and inventory of the event rooms carefully for the duration of their stay at the venue. In the event of grossly negligent or intentional damage, the organizer reserves the right to assert civil claims and to file criminal charges against the perpetrator.

9.7 The use of mobile phones is not permitted in the event rooms. The use of laser pointers and brought flashlights is prohibited.

9.8 The organizer exercises domiciliary rights for the event area through the attending event supervisors. The instructions of the event supervisors must be followed.

10. Business Customer References

The customer agrees that EXITROOM GmbH may use the customer’s name, company identifier, and company logo free of charge and objectively as a reference. This includes, in particular, use on EXITROOM GmbH’s website, in presentations, on social media channels, and in other informational or advertising material in connection with the presentation of services already rendered. Use is solely within the scope of permissible self-promotion and in compliance with §§ 5 et seq. UWG and § 15 (2) MarkenG. Advertising that creates the inaccurate impression of a special business connection or endorsement does not take place. The customer may object to the further use of its company identifiers at any time with effect for the future. Such an objection does not affect the legality of uses already made prior to receipt of the objection. There is no obligation to remove or amend references already published.

11. Severability Clause

If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid regulation that comes closest in content to the invalid provision.

All changes in connection with pandemic containment regulations are reserved.