T&C

General Terms and Conditions of NEO Escape GmbH for the Booking and Execution of Live Escape Events

1. Scope of the Terms and Conditions

1.1 These General Terms and Conditions regulate the business relationship between NEO Escape GmbH as the organizer and those customers who book a live escape room through "www.neo-escape.de" or otherwise.
1.2 Provider and Organizer:
NEO Escape GmbH, Steinstraße 5, 10119 Berlin
Represented by the Managing Director, Mr. Alexander Pevzner (Dipl.-Kfm.)
Registered at the District Court of Berlin-Charlottenburg: HRB 271168 B
VAT ID: DE451603664
Branch in Dortmund: Kaiserstraße 129, 44143 Dortmund
Phone: +49231 964 198 60
Email: dortmund(at)neo-escape.de

2. General Provisions for the Service

2.1 NEO Escape GmbH, hereinafter referred to as the organizer, operates live escape rooms conducted in rooms or room systems. The goal of the events is to solve the puzzles within a specified time and escape the room.
2.2 These terms and conditions apply to all civil law relationships related to 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 execution of a special event, the customer acknowledges these General Terms and Conditions as legally binding within the contractual relationship.
2.4 Contradictory or deviating conditions are hereby objected to unless the organizer explicitly agrees to them. This agreement must generally be in writing. This also applies if, in the course of placing an order, reference is made to the customer’s terms and conditions and the organizer performs its services unconditionally.

3. Bookings and Data Protection
3.1 Booking for the events is preferably done through the booking system “Bookingkit” by the service provider bookingkit GmbH ("www.bookingkit.de"). The bookingkit GmbH provides its services as the fulfillment agent of the organizer. The booking confirmation entitles the customer solely and exclusively to attend the booked event at the specified time.
3.2 Cancellations or rebookings are generally not possible. However, the organizer may, as a courtesy, allow a rebooking considering the remaining time until the booked date and a rebooking fee. Upon the start of the event, the customer's entitlement to the room allocated according to the booking expires. The organizer reserves the right to claim compensation for damages against the customer up to the amount of the forfeited booking price for wasted room rent, incurred personnel costs, and lost profits. In such cases, the compensation claim will be offset against the payments made by the customer.
3.3 The organizer ensures that customer data is not shared with third parties without written consent, unless and to the extent necessary for event execution and booking settlement.
3.4 The organizer ensures that customer data is treated confidentially according to the data protection guidelines.
3.5 At the end of an event, group pictures are usually taken, which, with the consent of the customers, are posted on the Facebook fan page. Each customer may object to the creation and publication of pictures at any time.
3.6 If the customer does not show up for the booked event, the payment obligation remains.
3.7 Changes to the booking (e.g., time or number of participants) are excluded and are at the discretion of the provider.

4. Vouchers

4.1 Vouchers are valid exclusively for the service listed on them and include the statutory VAT.
4.2 There is no entitlement to a cash payout for vouchers.
4.3 Vouchers issued by the organizer lose their validity at the end of the third full calendar year following the date of issue. After this period, the customer has no legal claim to services provided by the organizer.

5. No Actual Deprivation of Liberty, Event Procedure

5.1 The events are designed for safety reasons so that customers are not actually prevented from leaving the room at any time. However, leaving the room generally results in the event being canceled, unless leaving is necessary, such as in the case of unexpected health issues of a participant, a fire alarm, or similar events.
5.2 The event room and publicly accessible areas are video-monitored for safety reasons; permanent recording does not take place.
5.3 Participants should arrive approximately 15 minutes before the event starts in order to receive an introduction from the event leader.
5.4 In the event of a delayed start, the duration of the event is shortened accordingly, provided the delay is the fault of the customer(s) and a normal event procedure is still possible within the remaining time.

6. Youth Protection, Suitability of Events The organizer ensures compliance 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 are not suffering from an illness or psychological impairment that could pose a risk to their own health or the health of others during participation in a live escape event. Participants under 16 years of age may only attend the event when accompanied by an adult.

7. No Right of Withdrawal According to Distance Selling Law By offering the service of booking live escape rooms over the internet or by phone, the organizer provides leisure event services. The right of withdrawal under Section 312g Paragraph 2 No. 9 BGB does not apply. This means that there is no right of withdrawal regarding the booking declarations.

8. Liability of the Organizer, Compensation Obligation

8.1 The organizer is not liable for lost clothing or valuables. The organizer assumes no responsibility for them.
8.2 Claims for damages from the customer are excluded. Excluded from this are damage claims from the customer due to injury to life, body, health, or violation of essential contractual duties (cardinal duties) as well as liability for other damages based on intentional or grossly negligent violations of duty by the organizer, their legal representatives, or agents. Essential contractual duties are those whose fulfillment is necessary to achieve the goal of the contract.
8.3 In the case of gross technical defects during the event, the customer is entitled to a refund of the booking price. Further claims for damages are excluded unless they are based on the organizer’s intent or gross negligence.

9. Rules of Conduct for Participants
9.1 All events and the equipment in the rooms are protected works under Section 2 of the Copyright Act. Photography, as well as making video or audio recordings, is generally prohibited for customers but may be permitted upon request by the organizer. The organizer reserves the right to assert civil claims and file criminal charges in the event of unauthorized recording of an event or parts of an event.
9.2 Bringing food and drinks into the event room and consuming them in the event area is generally not allowed but may be permitted by the organizer upon request.
9.3 Smoking is strictly prohibited in the entire event area.
9.4 The organizer may refuse entry to the event area if there is reason to believe that the individual may disturb the event or the general operations due to alcohol or drug consumption or other reasons, or may harass other visitors.
9.5 Animals must remain outside.
9.6 Customers are obliged to use the equipment and inventory of the event rooms carefully during their stay at the venue. In the case of gross negligence or intentional damage, the organizer reserves the right to assert civil claims and file criminal charges against the perpetrator.
9.7 The use of mobile phones is not allowed in the event rooms. The use of laser pointers and brought flashlights is prohibited.
9.8 The organizer exercises house rules through the event leaders. Customers must follow the instructions of the event leaders.
Pandemic Regulations All changes related to pandemic containment regulations are subject to change.
Severability Clause If individual provisions of these terms and conditions are or become ineffective, the validity of the remaining provisions is not affected. In place of the invalid provision, a permissible regulation that comes closest in content to the invalid provision will apply.‍

10. Pandemic Regulations All changes related to pandemic containment regulations are subject to change.
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11. Severability Clause If individual provisions of these terms and conditions are or become ineffective, the validity of the remaining provisions is not affected. In place of the invalid provision, a permissible regulation that comes closest in content to the invalid provision will apply.