Flying Dinner

General Terms and Conditions Escape City GmbH

1. Scope
These General Terms and Conditions (“GTC”) apply to the entire business operations of Escape City GmbH (hereinafter referred to as “Company”). The Company offers professional event organization services.

2. Conclusion of Contract
The contract is concluded when the customer accepts the Company’s offer regarding the purchase of products and/or services.

The contract is also concluded when the customer avails themselves of the services offered by the Company and/or orders or directly purchases products through the Company’s online shop.

3. Prices
Unless otherwise stated, all prices are in Swiss Francs (CHF) and exclude any applicable value-added tax (VAT).

The prices do not include any other applicable taxes, packaging, and shipping costs.

The Company reserves the right to change prices at any time. The prices valid at the time of contract conclusion on the website and according to the Company’s price list shall apply.

If a commission has been agreed upon, it becomes due upon the Company’s fulfillment of its obligations. Whether the end customer pays the customer has no influence on the creation and due date of the commission; what matters is the Company’s fulfillment of its obligations.

4. Payment
The Company generally offers customers the option to purchase products/services through its webshop.

Payment by invoice is possible in individual cases and by prior agreement.

If such an invoice is not paid within the specified payment period, the customer will receive a warning. If the customer fails to settle the invoice within the specified grace period, they will automatically be in default.

From the moment of default, the customer is liable for default interest at a rate of 5% (five percent).
Offsetting the invoiced amount against any customer claims against the Company is not permitted. The Company reserves the right to refuse delivery or provision of services in case of payment default.

5. Terms of Use and Participation
The games are only accessible to participants aged 10 and above, unless accompanied by an adult. (In case of doubt, the game master decides.)

The consumption of drugs and alcohol is strictly prohibited.

Persons suffering from claustrophobia, epilepsy, cardiovascular diseases, or panic attacks are kindly requested not to participate in the games.

Each participant is obliged to be present during the entire briefing before the game and to follow the instructions of the organizer. The equipment must be handled carefully and returned in proper condition.

Filming and photographing the puzzles and routes, as well as copying the puzzles and games, are prohibited.
Participation is at one’s own risk. Insurance is the responsibility of the participants or their legal guardians if they are minors. Participants are fully liable for any damage they cause to facilities and objects. In the event of negligently caused material damage by a player, they may be obliged to pay compensation.

By accepting these terms and conditions, the customer confirms that they meet the aforementioned requirements for purchasing the products and services offered by the Company.

6. Company’s Obligations

6.1. Delivery / Delivery Dates
Delivery will be made within 21 (twenty-one) working days from the date of order. If timely delivery is not possible, the Company will inform the customer within 5 (five) working days from the date of order and communicate the new delivery date.

Unless otherwise agreed, the registered office of the Company shall be the place of performance. The Company fulfills its obligations by handing over the ordered products to the agreed carrier. If no carrier is agreed upon, the Company is free to choose a carrier. The agreed delivery costs must not be increased by the choice of carrier.

6.2. Provision of Services
The services are based on the service description on the website. Special requests and additional agreements by the player are only valid if they have been confirmed in writing by the provider.

6.3. Assistants
The parties explicitly have the right to engage assistants to fulfill their contractual obligations. They must ensure that the engagement of assistants complies with all mandatory legal provisions and any applicable collective bargaining agreements.

7. Prohibition of Poaching and Hiring
Without the explicit written consent of the company, the customer may not poach or hire employees or other assistants of the company, either for their own account or on behalf of a third party. Even after termination of the contractual relationship, the customer is prohibited from employing or engaging employees or other assistants of the company in any way, directly or indirectly. This prohibition applies for a period of one year after the termination of the contractual relationship and is limited to the area of activity of the respective employee or assistant.

8. Cancellation of Appointments by the Customer “Group of 10 or more participants”
For scheduled appointments for groups (more than 10 participants), cancellation is free of charge up to 14 (fourteen) days before the appointment. In the case of a late or no-show cancellation, costs will be incurred.

8.1. Cancellation of Appointments by the Customer “for one person”
For scheduled appointments to provide the contracted service, cancellation is free of charge up to 48 (forty-eight) hours before the appointment. In the case of later cancellation or non-appearance, the full amount is due.

8.2. Participant Changes by the Customer
The company is aware that participant changes cannot be avoided. Therefore, the following restrictions apply:

For group bookings of up to 100 (one hundred) people, a maximum change in the number of participants of minus 10% (ten percent) is accepted. Anything above this minus 10% (ten percent) will be charged at 50% (fifty percent) of the arrangement to the customer.

For group bookings between 100 (one hundred) and 300 (three hundred) people, a maximum change in the number of participants of minus 20% (twenty percent) is accepted. Anything above this minus 20% (twenty percent) will be charged at 50% (fifty percent) of the arrangement to the customer.

Example: 40 people are registered
If up to 4 people do not come, there will be no additional costs.
If 6 people out of 40 do not come, 2 people will be charged at 50%.

8.3. Cancellation of Appointments by the Provider
The provider reserves the right to cancel accepted reservations at any time. In this case, the player has no claims against the provider. The paid price will be fully refunded.

8.4. Exchange (for products, vouchers)
Product exchanges are generally excluded.

9. Warranty
The company guarantees that the product complies with the product specifications as stated on the online shop. If the customer notices any deviations upon delivery/pickup, they must immediately notify the company, but no later than 5 days after delivery/pickup; otherwise, the product will be deemed approved.

The company guarantees the absence of defects in the product for a maximum duration of 12 (twelve) months.

Any defects must be promptly reported to the company. It is up to the company to decide whether the defective product will be repaired or replaced. Only if replacement or repair is not possible, the customer is entitled to a reduction or refund of the purchase price.

Claims for reimbursement of costs for repairs by third parties are excluded. During the repair period, the customer is not entitled to a replacement product. The warranty for the repaired element starts anew, while the original warranty period continues for the remaining elements of the product.

The company guarantees the provision of agreed services in a quality customary in the industry.

10. Liability
Liability for any indirect damages and consequential damages is fully excluded.

Liability for direct damages is limited to the selling price of the product/service. This limitation of liability does not apply to direct damages caused by gross negligence or intent.

The customer is obliged to immediately report any damages to the company. Any liability for auxiliary persons is fully excluded.

11. Intellectual Property Rights
All rights to the products, services, and any trademarks belong to the company or the company has the right to use them from the owner.

Neither these terms and conditions nor any related individual agreements imply the transfer of any intellectual property rights unless explicitly mentioned.

Furthermore, the customer is prohibited from reusing, publishing, or making available any information, images, texts, or other materials received in connection with these provisions, unless expressly authorized by the company.

If the customer uses content, texts, or visual materials in connection with the company that are protected by third-party rights, the customer must ensure that no third-party rights are violated.

The company explicitly reserves the right (and the customer explicitly agrees by signing these terms and conditions) to use the images taken by the company from the customer for advertising purposes. These images may be used by the company on social media channels, the website, and/or on the Google listing/TripAdvisor for self-promotion purposes.

12. Data Protection
The company may process and use the data collected during the conclusion of the contract to fulfill its obligations under the contract. The company takes the necessary measures to protect the data in accordance with legal requirements. The customer fully agrees to the storage and lawful use of their data by the company and is aware that the company is obliged and authorized, by order of courts or authorities, to disclose information to the customer or third parties. Unless expressly prohibited by the customer, the company may use the data for marketing purposes. The necessary data for performance may also be disclosed to commissioned service partners or other third parties.

Furthermore, the data protection provisions apply.

13. Amendments
These general terms and conditions may be amended by the company at any time. The new version will come into effect 30 (thirty) days after it is published on the website by the company. For customers, the version of the terms and conditions that is in effect at the time of contract conclusion generally applies, unless the customer has agreed to a newer version of the terms and conditions.

14. Priority
These terms and conditions take precedence over any older provisions and contracts. Only provisions from individual agreements that further specify these terms and conditions.

15. Severability Clause
If any provision of this contract or any attachment to this contract is or becomes invalid, the validity of the remaining provisions of the contract shall not be affected. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to achieving the intended economic purpose of the invalid provision. The same applies to any contractual gaps that may arise.

16. Confidentiality
Both parties, as well as their agents, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation shall remain in force even after the termination of the contract. 1. Force Majeure

If the timely performance by the company, its suppliers, or third parties involved becomes impossible due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, lightning, wars, riots, civil wars, revolutions, and uprisings, terrorism, viruses, sabotage, strikes, nuclear accidents or reactor damage, insolvency, or delayed delivery by a supplier, the company shall be relieved of the performance of the affected obligations for the duration of the force majeure and a reasonable period thereafter. If the force majeure lasts longer than 60 (sixty) days, the company may terminate the contract. The company shall fully refund any consideration already received from the customer.

Any further claims, in particular claims for damages arising from force majeure, are excluded.

17. Agents and Distributors
The customer acknowledges that any distributors or agents work independently and are therefore independent of the company. Any potential claims against distributors or agents must be directly asserted against them. The company shall not be liable for any breaches of contract by distributors or agents.

18. Applicable Law / Jurisdiction
These terms and conditions are governed by Swiss law. Unless mandatory legal provisions prevail, the court at the company’s registered office shall have jurisdiction. The company is free to file a lawsuit at the defendant’s place of business. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.

As of 01.02.2022