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General Terms and Conditions (AGB)

General Terms and Conditions of The Box Entertainment GmbH & Mission: Escape Rümlang GmbH

1. scope of application

These General Terms and Conditions (“GTC”) apply to the entire business area of The Box Entertainment GmbH & Mission: Escape Rümlang GmbH (hereinafter “Company”).
The company The Box Entertainment GmbH & Mission: Escape Rümlang GmbH offer professional event organizations.

2. conclusion of contract

The contract is concluded when the customer accepts the company’s offer or the online booking regarding the purchase of products and/or services.
The contract is concluded in any case when the customer makes use of the services offered by the company and/or orders products via the company’s online store or purchases them directly.

3. prices

Unless otherwise quoted, all prices are in Swiss francs (CHF) and exclusive of any applicable value added tax (VAT).
The prices are exclusive of any other applicable packaging and shipping costs.
The company reserves the right to change prices at any time.
The prices on the website and according to the company’s price list valid at the time the contract is concluded shall apply.
If a commission has been agreed, this shall be owed upon fulfillment of the obligations by the Company.
Whether the end customer pays the client has no influence on the accrual and due date of the commission; what is relevant is the fulfillment of obligations by the company.

4. payment

The company generally offers the customer the purchase of its products/services via its webshop with advance reservation and offers the following payment options on site: Cash, EC/Debit, Twint, credit card (Amex cards are not accepted) Vouchers and online games must be purchased via the webshop, and paid online with Paypal, credit card or Twint.
For large orders, the company may request a deposit from the customer.
Payment on account is only possible for companies.
If such an invoice is not settled within the aforementioned payment period, the customer will be warned.
If the customer does not settle the invoice within the set reminder period, he shall automatically be in default.
From the time of default, the customer shall owe default interest in the amount of 5% (five percent).
The invoiced amount may not be offset against any claims the Customer may have against the Company.
The Company shall be entitled to refuse delivery or provision of services in the event of default of payment.

5 Conditions of use and participation

The games are only open to participants from the age of 8 or 12.
(Depending on the theme)
Unless you are accompanied by an adult.
(In case of doubt, the game leader decides.)
An overview of the age restrictions can be found on the company’s homepage.
There is an absolute ban on drugs and alcohol.
Persons suffering from claustrophobia, epilepsy, cardiovascular diseases or panic attacks are requested not to take part in the games.
Every participant is obliged to be present during the entire briefing before the game, the instructions of the organizer are binding and must be followed.
The equipment must be handled with care and returned properly.
Filming and photographing the puzzles and routes is prohibited, as is copying the puzzles and games.
Participation is at your own risk.
Insurance is the responsibility of the participants or their legal representatives if they are minors.
Participants are fully liable for any damage they cause to equipment and objects.
In the event of damage to property caused by a participant through negligence, the participant may be required to pay compensation.
By accepting these GTC, the customer confirms that he/she fulfills the aforementioned requirements for purchasing the products and services offered by the company.

6 Obligations of the company

6.1.
Lieferung / Liefertermine

Delivery shall be made within 21 (twenty-one) working days of receipt of the order.
If timely delivery is not possible, the Customer shall be informed by the Company within 5 (five) working days of receipt of the order and the new delivery date shall be communicated.
Unless otherwise agreed, the place of performance shall be the registered office of the Company.
The Company shall fulfill its obligations by handing over the ordered products to the agreed carrier.
If no forwarder is agreed, the Company shall be free to choose a forwarder.
The agreed delivery costs may not be increased by the choice of carrier.
Online vouchers and online games are usually sent by e-mail immediately after successful payment.
This happens automatically.
Should the system have an error, please contact the company.

6.2.
Dienstleistungserbringung

The services are set out in the service description on the website.
Special requests and additional agreements on the part of the player are only valid if they have been confirmed in writing by the provider.

6.3.
Hilfspersonen

The parties have the express right to engage auxiliary persons to perform their contractual duties.
They must ensure that the auxiliary person is employed in compliance with all mandatory statutory provisions and any collective labor agreements.

7. non-solicitation and employment ban

Without the express written consent of the Company, the Customer may not entice away or employ its employees or other auxiliary persons either on its own account or on the account of a third party.
Even after termination of the contractual relationship, the customer is prohibited from directly or indirectly employing employees or other auxiliary persons of the company in any way.
This prohibition shall apply until one year after termination of the contractual relationship and shall be limited to the area of activity of the employee or auxiliary person in question.
8 Cancellation of appointments by the customer “Group of 10 or more participants” In the case of agreed appointments for groups (more than 10 participants), cancellation is free of charge up to 3 (three) days before the appointment.
Cancellations made late or not at all will be charged.

8.1 Date

Cancellation by the customer “from one person” In the case of agreed appointments for the provision of the contractual service, cancellation up to 24 (twenty-four) hours before the appointment is free of charge.
In the event of a later cancellation or no-show, the full amount shall be owed.
In the event of a later cancellation or no-show, 50% of the amount shall be owed.
Whether this will be charged to the customer will be decided by the match director on the basis of the circumstances directly on site.

8.2 Participant changes by the customer

The company is aware that a change of participant cannot be avoided.
As a result, the following restrictions are imposed: No additional costs: there will be no additional costs if we are informed of the correct number of participants up to 24 hours before the event.
If one or more rooms have to be canceled, it is necessary to contact us so that we can release the rooms again.
If the number of rooms booked remains the same, it is not necessary to contact us in advance.
Group bookings of 2 (two) to 6 (six) people and 1 room: No prior agreement with the company required.
The number of participants and the costs will be recalculated on site.
Maintaining the number of rooms: If several rooms have been booked and the customer decides to use fewer rooms, all originally booked rooms must still be paid for.
For example, if 3 rooms were booked for 15 people and only 5 people show up and only use one room, the costs for all 3 booked rooms must still be paid.

9 Cancellation of appointment by provider

The provider reserves the right to cancel accepted reservations at any time.
This does not entitle the player to derive any claims against the provider.
In this case, the price paid will be refunded in full.
10. exchange (for products, vouchers) An exchange of products is generally excluded

11. warranty

The company guarantees that the product complies with the product specifications as stated in the online store.
If the customer discovers a deviation upon delivery/collection, he must notify the company immediately, but at the latest within 5 days of delivery/collection, otherwise the product shall be deemed approved.
The Company warrants that the product is free of defects for a maximum period of 24 (twenty-four) months.
The Company must be notified immediately of any defects.
The Company shall be entitled to decide whether to repair or replace the defective product.
Only if replacement or repair is not possible shall the customer be entitled to a reduction or refund of the purchase price.
The right to reimbursement of costs for third-party repairs is excluded.
During the repair period, the customer is not entitled to a replacement product.
The warranty begins anew for the repaired element; the original warranty period continues to run for the remaining elements of the product.
The company guarantees to perform the agreed services to the quality customary in the industry.

12. liability

Liability for any indirect damage and consequential damage is excluded in full.
Liability for direct damages is limited to the sales price of the product/service.
This limitation of liability does not apply to direct damage caused by gross negligence or intent.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is excluded in full.

13. intellectual property rights

The company is entitled to all rights to the products, services and any trademarks or is authorized to use them by the owner.
Neither these GTC nor any associated individual agreements contain the transfer of any intellectual property rights, unless this is explicitly mentioned.
In addition, the customer is prohibited from any further use, publication and making available of information, images, texts or other material which the customer receives in connection with these provisions, unless explicitly authorized by the company.
If the Customer uses content, texts or visual material in connection with the Company to which third parties have a property right, the Customer must ensure that no property rights of third parties are infringed.
The Company explicitly reserves the right (and the Customer explicitly consents to this by signing these GTC) that the Company may use the images it takes of the Customer for advertising purposes.
These images may be used by the company on social media channels, on the homepage and/or under the Google entry / TripAdvisor for the purpose of self-promotion.

14. data protection

The company may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the contract.
The company shall take the measures necessary to secure the data in accordance with the statutory provisions.
The customer agrees in full to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties on the orders of courts or authorities.
If the customer has not expressly forbidden it, the company may use the data for marketing purposes.
The data necessary for the fulfillment of services may also be passed on to contracted service partners or other third parties.
Furthermore, the data protection provisions shall apply.

15. changes

These General Terms and Conditions may be amended by the Company at any time.
The new version shall enter into force 30 (thirty) days after it has been published on the website by the company.
In principle, the version of the GTC in force at the time of conclusion of the contract shall apply to customers.
Unless the customer has agreed to a newer version of the GTC.

16. priority

These GTC take precedence over all older provisions and contracts.
Only provisions from individual contracts which specify the provisions of these GTC shall take precedence over these GTC.

17. severability clause

Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract.
The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision.
The same applies to any loopholes in the contract.

18. confidentiality

Both parties, as well as their auxiliary persons, undertake to treat all information provided or acquired in connection with the services as confidential.
This obligation shall remain in force even after termination of the contract.

19. force majeure

If the timely fulfillment by the Company, its suppliers or third parties involved becomes impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, viruses, sabotage, strikes, nuclear accidents or reactor damage, bankruptcy or delay in delivery by a supplier, the Company shall be released from the fulfillment of the affected obligations for the duration of the force majeure as well as for a reasonable period of time after its end.
In the event of force majeure, the Company shall be released from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end.
If the force majeure lasts longer than 60 (sixty) days, the Company may withdraw from the contract.
The Company shall reimburse the Customer in full for any payments already made.
Any further claims, in particular claims for damages as a result of vis major, are excluded.

20. agents and sales partners

The customer acknowledges that any sales partners or agents work autonomously and therefore independently of the company and that any potential claims must be asserted directly against them.
The company is in no way liable for breaches of contract by any agents and sales partners.

21 Applicable law / place of jurisdiction

These GTC are subject to Swiss law.
Insofar as no mandatory statutory provisions take precedence, the court at the registered office of the company shall have jurisdiction.
The company is free to bring an action at the defendant’s domicile.
The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.

Status, 01.01.2022