General Terms and Conditions

Status: 13.07.2023

§1 SCOPE OF APPLICATION
§2 CONCLUSION OF CONTRACT AND RESERVATIONS
§3 VOUCHERS
§4 RIGHT OF EXCHANGE
§5 RIGHT OF WITHDRAWAL
§6 WITHDRAWAL BY THE ORGANIZER
§7 OBLIGATION TO PAY
§8 CONDITIONS OF USE
§9 DUTY OF CONFIDENTIALITY
§10 LIABILITY
§11 SOUND, PHOTO AND FILM RECORDINGS
§12 DATA PROTECTION NOTICE
§13 OTHER PROVISIONS

 

§1 SCOPE OF APPLICATION
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) govern all contracts between the Escape Room Witten, operated by Gloomworks Department UG (haftungsbeschränkt), Managing Director Norman Hesse, based at Hauptstraße 14, 58452 Witten (hereinafter referred to as “Escape Room Witten”), and you as our customer, which are concluded via our website, by telephone or on site. (2) The version of these GTC valid at the time of the conclusion of the contract shall apply. (3) If Escape Room Witten uses third-party providers to process the contract (e.g. for the booking process or payment processing), the terms and conditions of the respective third-party provider apply in addition.

§ 2 CONCLUSION OF CONTRACT AND RESERVATIONS
(1) The display and presentation of available dates for booking does not constitute a binding contractual offer, but an offer to the customer to book a selected Escape Room game at a specific time and thus conclude a contract. (2) The offer is accepted as soon as the customer receives the booking confirmation and a booking number. This is usually done by e-mail. (3) The concluded contract relates or is limited exclusively to the performance of the escape room game at the booked time. The sole contractual partner is the respective customer, unless the customer is expressly acting as a representative. (4) If Escape Room Witten confirms a reservation in exceptional cases, this does not lead to the conclusion of a contract and does not constitute a binding claim to the realization of the Escape Room game at the reserved time. Reservations expire automatically at the time specified in the reservation process or at the latest 48 hours before the start of the Escape Room game. (5) In the case of telephone bookings, the contract is only concluded when the booking confirmation is sent by e-mail. Only the times, prices and agreements stated in the booking confirmation apply.

§ 3 VOUCHERS
(1) The vouchers issued by Escape Room Witten are to be understood as value vouchers. The purchase of one of these vouchers entitles the customer to redeem it with an individual code as part of an online booking. (2) Escape Room Witten reserves the right to close Escape Rooms over time or to replace them with others. Escape Room Witten does not guarantee the availability of a particular Escape Room at the time of a customer’s desired redemption. The customer therefore bears the risk that their desired Escape Room is not (or no longer) available at the time of redemption. However, vouchers can be redeemed for newly opened rooms. (3) Payment of the voucher or any remaining amount is not possible. (4) Vouchers expire after a period of 3 years from the date of purchase or issue of the voucher.

§ 4 RIGHT OF EXCHANGE
(1) Escape Room Witten grants the customer the right to correct incorrect bookings by exchanging them. The customer must notify Escape Room Witten in text form (by post or e-mail) within 24 hours of receipt of the booking confirmation that a booking made is to be postponed or changed. The desired date or the desired change must be specified. Escape Room Witten will immediately send a confirmation of the rebooking or contact the customer to make further arrangements.

§ 5 RIGHT OF WITHDRAWAL
(1) The booking of one of our Escape Room games is a leisure event for which there is no right of withdrawal pursuant to § 312g para. 2 no. 9 BGB (German Civil Code) due to limited capacity and the commitment to specific dates. (2) When purchasing advance tickets, vouchers, gift packaging or other goods offered on the website of Escape Room Witten and made exclusively via means of distance communication (specifically here via our online store), the customer is entitled to a right of withdrawal in accordance with the statutory provisions. The details of the right of withdrawal are set out in detail in the following withdrawal policy:

REVOCATION POLICY
You can withdraw from this contract within fourteen days without giving reasons. The withdrawal period begins on the day the contract is concluded and ends fourteen days thereafter. In order to exercise your right of withdrawal, you must send Gloomworks Department UG (haftungsbeschränkt), Hauptstraße 14, 58452 Witten, e-mail: info@escaperoom-witten.de, telephone number 02302-9838737 a clear statement in which you communicate your decision to withdraw from this contract. For example, you can use a letter sent by post or an e-mail. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

CONSEQUENCES OF REVOCATION
In the event of withdrawal from this contract, we will refund all payments including delivery costs (with the exception of any additional costs due to a delivery method chosen by you that is more expensive than the standard delivery offered by us) within fourteen days of the day on which we receive your notification of withdrawal. The refund will be made using the same means of payment that you used for the original transaction, unless expressly agreed otherwise. You will not be charged any fees for this refund.

§ 6 WITHDRAWAL BY THE ORGANIZER
(1) Escape Room Witten reserves the right to withdraw from this contract in the event of illness of non-replaceable employees, significant defects in the affected Escape Room or force majeure. The customer will be informed immediately and can either make a rebooking or request a refund free of charge. (2) Escape Room Witten reserves the right to postpone or cancel events for operational, technical or other reasons. In this case, Escape Room Witten will endeavor to offer an equivalent replacement at short notice. If this is not possible, the ticket will remain valid or the purchase price will be refunded free of charge at the customer’s request. However, further claims against Escape Room Witten, such as claims for damages (travel costs, accommodation, etc.), are excluded if an equivalent replacement is offered or the event is canceled. Cancellation due to force majeure remains unaffected.

§ 7 COMPENSATION OBLIGATION
(1) If the customer does not keep the agreed appointment, he loses the right to the booked service. However, the obligation to pay Escape Room Witten remains in force. (2) The customer has the option of canceling the booking free of charge up to two weeks before the start of the event, unless this is excluded in accordance with section 4 of these GTC. In the event of cancellation up to one week before the start of the event, a refund or price reduction of 50% of the agreed fee shall be made in the form of a voucher. In the event of cancellation up to 72 hours before the start of the event, the customer shall receive a refund of 25% of the fee in the form of a voucher. (3) It is generally possible to add additional persons to the booking at a later date. In this case, the price per person of the original booking will be charged per additional participant.

§ 8 TERMS OF USE
(1) By using our Escape Rooms, the customer undertakes to follow all instructions given by Escape Room Witten staff. The customer is obliged to treat the furniture and utensils of the Escape Room with care and to report any damage caused immediately. Under no circumstances is violence or excessive force required to solve the puzzles. Damage caused by the deliberate use of excessive force or violence shall be borne by the perpetrator. This also includes consequential damage caused by the loss of use of the escape room game due to repair work. (2) The use of the escape rooms under the influence of alcohol or in any other intoxicated state is not permitted. Escape Room Witten reserves the right to refuse access. (3) Persons under the age of 14 may only use the Escape Rooms when accompanied by a parent or guardian. (4) If the customer hands in their wardrobe for safekeeping free of charge, they are responsible for ensuring that no valuables (wallets, smartphones, etc.) are left in their jackets and bags. Escape Room Witten is not liable for any loss of or damage to wardrobe and valuables if the customer hands them in for safekeeping free of charge. During the game, separate facilities are available in the Escape Rooms for the safekeeping of coats and valuables.

§ 9 DUTY OF CONFIDENTIALITY
(1) The Escape Room game is based on a game idea that focuses in particular on puzzles and their solutions. The customer therefore undertakes not to publicly publish the puzzles contained in the Escape Room and their solutions as well as the course of the Escape Room. This applies in particular to sharing in social networks, rating portals or forums that are publicly accessible.

§ 10 LIABILITY
(1) Escape Room Witten’s liability towards the customer is governed by the applicable statutory provisions. In the case of intent and gross negligence, Escape Room Witten is liable for damages or compensation for futile expenses. In all other cases, Escape Room Witten is only liable if a contractual obligation has been breached, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligation). Escape Room Witten’s liability for damages resulting from injury to body, life or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

§ 11 SOUND, PHOTO AND FILM RECORDINGS
(1) Sound, photo and film recordings are prohibited in all Escape Room Witten premises for copyright reasons. This applies regardless of the type of device used to make the recordings. In the event of a breach of the recording ban, a contractual penalty shall be due, without prejudice to further claims, the amount of which shall be determined at the reasonable discretion of Escape Room Witten, but not exceeding EUR 10,000.00 per individual case. Recording devices and cameras of any kind may not be brought into the puzzle rooms. They must be handed in for safekeeping before the start of the event. (2) In the event of a violation, the staff is entitled to confiscate recording devices and cameras and retain them until the end of the event. Sound, photo and film recordings and recording materials of any kind on which parts of the event are recorded may be confiscated and retained by Escape Room Witten. They will be returned to the owner if the owner has agreed to the deletion of the recordings and the deletion has taken place. (3) The story twists and puzzle solutions in the Escape Rooms are business secrets of Escape Room Witten and may not be disclosed to third parties. In the event of a violation, Escape Room Witten will take legal action against the perpetrator and claim all damages incurred. (4) Escape Room Witten is entitled to make and store audio, photo and film recordings of the customer and his companions during the events, which go beyond the mere documentation of current events (right to one’s own image). These recordings serve the purpose of being able to attribute possible damage on the premises of Escape Room Witten to the respective perpetrator. In addition, the game master must be able to follow the progress of the game visually and acoustically at all times in order to be able to provide information or otherwise intervene if necessary. In the event of deliberate or negligent damage to the premises of Escape Room Witten by the customer or their companions, Escape Room Witten expressly reserves the right to pass on the recordings in the context of legal proceedings or other competent authorities. In addition, Escape Room Witten is entitled to use these audio, photo and film recordings of the customer and his/her companions later for its own advertising purposes. The customer and his/her companions expressly declare their consent to this without having to sign a separate declaration of consent and waive any claim to remuneration. (5) Participation in the game without audio, photo and film recordings is not possible.

§12 DATA PROTECTION NOTICE
(1) Escape Room Witten collects, processes and uses your personal data, especially your contact details, to process your order, including your e-mail address and postal address, if you provide them to us. Further information can be found in our privacy policy. (2) If Escape Room Witten collects data from customers as part of the event processing, the data protection provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) are observed at all times. Escape Room Witten treats this data with particular confidentiality and uses it exclusively for the purpose of processing the contract (specifically for processing and confirming the online ticket booking or reservation). The data will not be passed on to third parties.

§13 OTHER PROVISIONS
(1) Should a provision of this contract be or become invalid or should the contract contain a loophole, the validity of the remainder of the contract shall remain unaffected. (2) Contracts concluded in accordance with these GTC are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Öffnungszeiten

Montag bis Mittwoch:
Geschlossen (auf Anfrage möglich)
Telefonisch erreichbar von 12:00 Uhr - 18:00 Uhr

Donnerstag:
Geöffnet von 16:00 Uhr - 22:00 Uhr
Telefonisch erreichbar von 12:00 Uhr - 22:00 Uhr

Freitag:
Geöffnet von 12:00 Uhr - 22:00 Uhr
Telefonisch erreichbar von 10:00 Uhr - 22:00 Uhr

Samstag:
Geöffnet von 12:00 Uhr - 22:00 Uhr
Telefonisch erreichbar von 10:00 Uhr - 22:00 Uhr

Sonntag:
Geöffnet von 12:00 Uhr - 22:00 Uhr
Telefonisch erreichbar von 10:00 Uhr - 22:00 Uhr

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