General Terms and Conditions Escape City GmbH
These General Terms and Conditions (hereinafter “GTC”) govern the contractual relationships between Escape City GmbH (hereinafter “Escape City”) and its customers (hereinafter “Customer”) and their game participants (hereinafter “Participants”) and are an integral part of each individual contract between the Customer, his Participants and Escape City (hereinafter “Contract”). Individual contractual provisions remain reserved and take precedence over any contradictory provisions in these GTC.
Escape City offers so-called Real Live Escape Rooms (“Escape Rooms”) in Zurich, in which the Customers and their Participants must solve various puzzles together within a certain time. In addition, Escape City offers the organization and implementation of customized private or corporate events in combination with the Escape Rooms. For more info, please visit <https://escapecity.ch/de/corporate-events/> or contact us. The exact scope of Escape City’s services is determined by the Contract between the Customer and Escape City.
3.1 Online Escape Room Bookings3.1 Online Escape Room BookingsCustomers can book and pay for one or more Escape Rooms directly online via the Escape City’s website <https://escapecity.ch/de/>. With the online payment, the Contract regarding the booked Escape Room, the selected number of Participants as well as the intended game duration for the Escape Room is legally concluded between the Customer and Escape City.
The Customer can cancel an online Escape Rooms booking free of charge up to 48 hours before the booked date and up to 4 hours before the booked date against receipt of a voucher in the same amount as the paid service. In case of later cancellation or no-show, the Customer will owe the full price for the booked services and will not be entitled to any refund.
Any reimbursement of the price will be made in principle in the same way in which the payment was made.
3.2 Customized private or corporate events In the case of customized private or corporate events in combination with the Escape Rooms, the Contract is concluded when the Customer accepts the offer made by Escape City verbally or in writing, or when the parties sign the Contract concerning the organization and execution of the event. The Customer undertakes to inform Escape City at least 7 days before the event of the definitive number of Participants on the basis of which the definitive invoice amount for the event will be calculated (number of Participants x price per Participant), unless the parties have agreed otherwise in an individual Contract.
After the conclusion of the Contract, the Customer may cancel a private or corporate event in writing up to 7 days before the event free of charge and against refund of any deposits or advances. In case of cancellation of the event less than 7 but more than 3 days before the event, the Customer owes Escape City for the resulting damage 50% of the agreed price for the event (confirmed number of Participants x price per Participant); in case of cancellation of the event less than 3 days before the event, the Customer owes Escape City for the resulting damage 100% of the agreed price for the event (confirmed number of Participants x price per Participant).
Any refund of deposits or advances shall be made in principle by the same method by which the payment was made.
3.3 Cancellation by Escape CityEscape City reserves the right to cancel accepted online bookings at any time. In this case, the Customer is entitled to a rebooking to another date or to another Escape Room, to receive a voucher in the amount of the paid price for the booked services or a refund of the price for the booked services.
For Escape Room bookings (<https://escapecity.ch/de/>) and voucher purchases (<https://escapecity.ch/de/gutscheine/>), the prices communicated on Escape City’s website at the time of booking or purchase will apply. Escape City reserves the right to correct errors in advertised and confirmed prices as errors become known. The prices published on the website refer to online payments and include applicable value added tax (VAT).
For customized private or corporate events in combination with the Escape Rooms, the prices according to the accepted offer or signed Contract between the parties apply. Unless otherwise agreed between the parties, all prices for customized private or corporate events in combination with the Escape Rooms are in Swiss francs (CHF) and exclusive of any applicable VAT.
When booking Escape Rooms as well as purchasing vouchers, payment of the purchase price is made online in advance upon conclusion of the Contract. Payment for the participation of additional Participants can also be made on site, whereby the maximum number of Participants per Escape Room may not be exceeded. If Escape Rooms are available, additional bookings can also be made on site.
In the case of customized private or corporate events in combination with the Escape Rooms, the Customer agrees to pay Escape City for the agreed services the remuneration according to the accepted offer or signed Contract. Unless otherwise agreed between the Customer and Escape City, the invoice is usually issued after the event has been completed. The payment deadline is 14 days after the invoice date.
In the event of non-payment, the Customer will automatically be in default after the expiry of the payment deadline without prior reminder and will owe Escape City default interest in the amount of 5%. Escape City reserves the right to claim damages.
Escape City provides the agreed services independently through its own personnel. However, Escape City is authorized to engage third parties as auxiliary persons (Hilfspersonen), in particular for the organization and execution of customized private or corporate events that are offered in addition to the Escape Rooms in Zurich, or to delegate the organization and execution entirely to third parties. When delegating services to third parties, Escape City is only liable for due diligence in the selection and instruction of the third party. The Customer agrees that Escape City does not have to disclose its existing agreements, orders, accounts, etc. with third parties.
Customers and Participants before the age of 12 may only participate in the Escape Rooms with the consent of their parents or if accompanied by an adult, in which case the adult counts as a Participant.
Customers and Participants who are under the influence of alcohol or drugs may be denied access to the Escape Rooms. In this case, Escape City reserves the right to deny access to the Escape Rooms to the entire group, i.e., the Customer and the Participants. In the case of Customers or Participants who are under the influence of alcohol or drugs, Escape City has the right to cancel a booking in its entirety for the Customer and the Participants, without the Customer being entitled to a refund of the price. Furthermore, the legal regulations concerning the serving of alcohol to minors apply. Smoking as well as bringing and consuming own food and beverages are prohibited.
The Customer and the other Participants will be briefed in advance by Escape City staff 15 minutes before the start of the game about the game and safety regulations. Each Customer and additional Participants are required to arrive 15 minutes prior to the start of the game, to be present during the entire pre-game briefing, and to follow the instructions given by Escape City personnel. In the event of a late arrival of the Customer and/or the additional Participants, Escape City may reduce the booked game time for the Escape Room by the amount of the delay if this jeopardizes a subsequent booking. In the event of a delay of more than 15 minutes, Escape City has the right to cancel a booking entirely, without the Customer being entitled to a refund of the price.
The equipment, the Escape Rooms as well as the furniture and utensils in them must be treated with the utmost care and according to the instructions and returned properly. Any damage must be reported to Escape City immediately.
The making of film, sound and photo recordings of the Escape Rooms and game equipment, in particular the puzzles and routes, is prohibited, as is the copying of the puzzles and games. The game equipment, including all components of the premises and especially the solutions of the puzzles are protected works and are considered trade secrets of Escape City; their disclosure or publication is strictly prohibited.
Participation in the Escape Rooms is at the own risk of the Customer and its Participants. Persons suffering from claustrophobia, epilepsy, cardiovascular diseases or panic attacks are requested not to participate in the games. Such conditions must be discussed with Escape City in advance.
The Customer is fully liable for all damages to facilities and objects of the Escape Rooms caused by him and his Participants negligently or intentionally and he is obliged to compensate the damage caused by him or his Participants.
All services provided by Escape City are performed with due care and to the best of its knowledge and belief. When involving third parties for the provision of its services, Escape City relies on reliable partners and selects them carefully. In relation to third parties, warranty claims exist only to the extent that Escape City itself can assert warranty claims against the third parties involved.
With respect to the Escape Rooms, Escape City warrants only that the Escape Rooms will conform to the specifications set forth on the website <https://escapecity.ch/de/> and will be in working order. If the Customer discovers a defect before or during the game in an Escape Room, he/she must notify Escape City immediately, otherwise he/she will lose any warranty claims. In the event of a defect, Escape City has the right to remedy the defect or, if the defect cannot be remedied within a reasonable period of time, to provide the Customer with another Escape Room or to refund the price for the service.
Escape City excludes any liability to the extent permitted by law and is liable for direct damages incurred by a Customer or his Participants in connection with the provision of the services only if such damages are proven to have been caused by gross negligence or intent on the part of Escape City. Claims for damages, regardless of their legal basis, are limited to the amount of the agreed or paid price. Escape City expressly excludes any further liability or obligation in connection with the provision of the services, in particular for indirect or consequential damages.
All intellectual property, including but not limited to copyrights, trademarks, patents and ancillary copyrights in the products and services shall remain the exclusive property of Escape City during and after the termination of the services provided by Escape City.
Customers and their Participants are prohibited from any use, publication or making available of Escape City’s intellectual property, information, images, text, etc. to which Customer and their Participants gain access in connection with Escape City’s provision of the services, unless explicitly authorized by Escape City.
These GTC may be amended by Escape City at any time. Between the Customer, his Participants and Escape City, the GTC in force at the time of the conclusion of the Contract between the Customer, his Participants and Escape City shall apply in each case.
Should any provision of the Contract or these GTC be or become invalid, this shall not affect the validity of the remainder of the Contract and the GTC. The invalid provision shall be replaced – with effect from the conclusion of the Contract – by a new provision which comes as close as possible to the invalid provision in its economic effect. The same shall apply to any loopholes in the Contract.
Except as expressly provided in the Contract or in these GTC, neither the Contract nor any rights or obligations hereunder may be assigned by the Customer without the prior written consent of Escape City.
Unless otherwise expressly provided in the Contract or in these GTC, the Customer waives his right to set off any claim against Escape City.
Amendments or supplements to Contract concluded between the Customer and Escape City require, subject to Art. 14 of these GTC, must be made in writing in order to be valid. This also applies to any waiver of the requirement of the written form. E-mails are deemed equivalent to the written form insofar as they explicitly indicate the intention of both parties to amend previously made agreements.
In the event of any discrepancies between the German and the English text of these GTC, the German text shall prevail.
All contractual relationships between Escape City and its Customers as well as Participants are governed exclusively by Swiss substantive law, excluding the Swiss Federal Act on Private International Law (IPRG) of December 18, 1987 and the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1).
Unless mandatory statutory provisions prevail, the courts at Escape City’s registered office shall have exclusive jurisdiction. Escape City is free to prosecute Customers and Participants also before the competent court of their domicile or any other competent court.