§ 1 Scope of application
§ 1.1 These terms and conditions apply to event contracts that are entered into as part of a booking of one of the events offered on one of the "myCityHunt" platforms between CityHunters GmbH & Co. KG as the organizer and the customer.
§ 1.2 By making a booking the customer acknowledges the following General Terms and Conditions as binding.
§ 1.3 myCityHunt team events are exclusively bookable for commercial customers. By booking, the customer confirms that he is not a consumer.
§ 1.4 Individual issues that have been agreed upon separately between the provider and the customer only have priority over the following provisions if these agreements have been made in written form.
§ 2 General Provisions
For all services (customer support, conception, organization and planning of events and the mediation of services of third parties) between the customer and the provider, these General Terms and Conditions apply exclusively. Conflicting terms and conditions established by the customer are only valid if they are explicitly accepted by the provider in written form. Any agreements deviating from or supplementing these "General Terms and Conditions" must be made in writing.
§ 3 Basis of contract
§ 3.1 By completing the booking process for team events on the Provider's website, the customer makes a binding offer to enter into a contract.
§ 3.2 The ordering process is carried out in three steps: Selection of the desired tour, entry of personal, company and payment information, confirmation of the order.
§ 3.3 The contract is concluded upon acceptance by the Provider. Acceptance must be made in writing. For this purpose, the Customer receives a purchase confirmation by e-mail.
§ 3.4 The descriptions and detailed information on the events offered provided on the Provider's website do not represent a legally binding contract offer on the part of the Provider.
§ 3.5 The contract is concluded on the basis of the details arising directly from the online booking form and these "General Terms and Conditions".
§ 4 Scope of services
§ 4.1 The content of the order confirmation determines the scope of the contractual performance. Collateral agreements or amendments that change the scope of the contractual performance must be made in writing.
§ 4.2 Statements made in advertising media, whether in electronic, printed or other form, shall not have a binding effect on the contract.
§ 4.3 The Provider shall inform the customer immediately of any changes or deviations of individual services from the agreed content of the contract that become necessary after entering into the contract. Insofar as the agreed content of the contract is not, or only insignificantly, affected by the changes, the customer shall not be entitled to terminate the contract due to these deviations. The Provider is entitled, in agreement with the Customer, to change parts of the event schedule in deviation from the service description.
§ 4.4 If the provider enters into contracts with third parties to carry out an event, such a conclusion of contract occurs with the authorization of the Customer. This applies in particular to the entering into contracts in the event sector and the entering into contracts with artists.
§ 5 Property right and copyright protection
§ 5.1 All services provided by the Provider, especially puzzle and task ideas, tours, etc., including individual parts thereof, are and remain the property of the Provider. By paying the agreed price, the Customer only acquires the right of use for the purpose agreed.
§ 5.2 Unless otherwise agreed with the Provider, the Customer may only use the services herself/himself and only for the duration of the contract. Any further use, transfer to third parties or reusing the Provider’s ideas on the part of the Customer, whether in part or in full, is not permitted.
§ 5.3 The use, duplication, or disclosure of the event content of the Provider is prohibited and may result in legal consequences, in particular claims for damages. This applies regardless of whether it is for private or business purposes.
§ 5.4 Any violation of copyright regulations will be prosecuted under both civil and criminal law.
§ 6 Changes to the booking
§ 6.1 Changes to the existing booking are only possible when booking the "Teamevent Plus" service package and are subject to the conditions stated in § 6.2. Changes to an existing "Teamevent Basic" booking are not possible.
§ 6.2 The following conditions apply only to changes to a "Teamevent Plus" booking.
§ 6.2.1 Changes to the booking can only be made via the customer interface "myHunt", to which the customer receives access upon receipt of his booking confirmation.
§ 6.2.2 Changes to the number of participants booked:
§ 6.2.3 A change of the city in which the event is to take place is possible free of charge until the Customer activates the ticket codes provided by the Provider.
§ 6.2.4 A change of the booked date (date and/or time) must be within a time frame of max. 4 months and must be communicated to the Provider via the online customer portal up to and including 7 calendar days before the scheduled event date. A change of the event date is possible a maximum of two times.
§ 6.2.5 A change of the booked language as well as the booked tour type (e.g. Escape Game, scavenger hunt, etc.) are, as far as offered by the provider at the desired location and date, possible until the day before the event.
§ 6.3 If there is an officially ordered general event restriction for the event location on the planned event date, the customer can change the date free of charge even in the case of a "Teamevent Basic" booking and also at shorter notice than 7 calendar days.
§ 7 Withdrawal from the contract
§ 7.1 The customer is entitled to withdraw from the contract at any time. The withdrawal can only be made via the online customer portal. It is expressly pointed out that the non-utilization of the service without an express declaration of withdrawal does not constitute a withdrawal from the contract. The premature cancellation of the contractual relationship obligates the customer to pay 50% of the agreed total price. In the event of cancellation at shorter notice than 7 calendar days before the event date, the cancellation fee is 100% of the agreed total price.
§ 7.2 If it has been agreed that the total amount is to be paid before the date of the event, the total amount will be charged if the agreed event fee is not paid by the date of the event and the event is cancelled as a result.
§ 7.3 The right to cancel the agreement for compelling reasons by either party shall remain unaffected.
§ 7.4 An extraordinary termination due to bad weather conditions is not possible.
§ 8 Liability
§ 8.1 Participation is at the participants´ own risk and peril. Any liability for personal injury or damage to property on the part of the provider and his assistants is excluded.
§ 8.2 The Provider's liability shall be governed exclusively by the written agreements between the parties. All claims not expressly granted herein - including claims for damages, regardless of their legal basis - are excluded, unless they are based on an intentional or grossly negligent breach of contract by the provider, a legal representative or vicarious agent.
§ 8.3 Furthermore, the contracting parties agree that any claim for damages against the Provider is limited to the agreed fee, regardless of the legal reason.
§ 9 Payment
§ 9.1 The prices for events and additional services stated in the online booking form shall apply. The prices stated are net prices, excluding the statutory value added tax.
§ 9.2 Unless otherwise agreed, the Provider's claim for payment is valid at the time of the booking confirmation by the provider.
§ 9.3 Payment on the part of the Customer can be made either by credit card or PayPal.
§ 9.4 Invoices from the Provider are due for payment without deduction within 30 calendar days of receipt of the invoice at the latest. In the event of late payment, interest on arrears at a rate of 8 percentage points above the base interest are considered to be agreed.
§ 9.5 The invoice will be sent electronically only.
§ 9.6 Changes to invoices already issued are not possible.
§ 9.7 If payment is made by PayPal or credit card, the customer will receive a link to a secure payment website no later than 3 calendar days after the event. The customer agrees to pay without deduction within 14 calendar days at the latest.
§ 9.8 If it has been agreed that the total amount is to be paid before the date of the event, the invoice of the Provider is due without deduction up to 2 working days before the date of the event. In the event of late payment, the event shall be deemed cancelled by the Customer. The cancellation conditions apply.
§ 9.9 The Provider uses a reseller (merchant of record) for the payment processing. The Provider transfers the receivable to said reseller at the time it arises.
§ 9.10 The Customer may only offset or assert a right of retention with undisputed claims.
§ 10 Warranty
§ 10.1 If the service is not provided in accordance with the contract, the customer is obliged to first demand remedy by setting a reasonable deadline. The provider may refuse to provide redress if it requires disproportionate effort.
§ 10.1.1 The provider may also provide remedy by providing an equivalent substitute service.
§ 10.2 If the service was not provided in accordance with the contract despite the setting of a reasonable deadline, the customer is obliged to notify the provider of this in writing to the complaints office within 3 working days.
§ 10.3 Delays of up to 30 minutes on the part of the provider or a vicarious agent employed by the provider shall be accepted by the customer.
§ 10.4 The provider is not obliged to check whether the event can be carried out on the date chosen by the customer without restrictions, e.g. through major public events, demonstrations, weather conditions or similar.
§ 11 Compensation for damages
§ 11.1 The contracting parties agree that any claim for damages against the provider is limited to the agreed fee, regardless of the legal basis.
§ 11.2 Claims for damages by the customer, in particular due to impossibility of performance, positive violation of claims, culpa in contrahendo, defective, delayed or incomplete performance or due to tortious acts are excluded, unless they are based on intent or gross negligence on the part of the provider.
§ 12 Publication of names, image and sound material
§ 12.1 The Provider is entitled to use the customer's company logo for self-promotional purposes.
§ 12.2 The participants agree that the Provider may publish images and sound recordings made by participants or the Provider during the scavenger hunts or similar activities for the Provider’s commercial purposes.
§ 12.3 If a participant does not agree to the publication of image or sound recordings in which he or she can be clearly identified, an express written agreement must be made between the participant concerned and the Provider regarding the manner of use of the recorded material.
§ 12.3.1 If image material of the participant concerned has been used for paid advertising purposes, in particular print media, advertising videos, or online advertising campaigns, the participant may be denied permission to recall the advertising media concerned.
§ 13 Applicable law
German law shall apply exclusively to the legal relationship between the customer and the provider and to the question of a validly concluded contract and its pre- and post-effects.
§ 14 Place of jurisdiction
Nuremberg is agreed as the place of jurisdiction for all disputes arising directly or indirectly between the provider and the customer.
§ 15 Subsidiary agreements / written form
§ 15.1 The contracting parties agree to strict confidentiality towards third parties about all knowledge resulting from business transactions, even after termination of the contractual relationship.
§ 15.2 Claims and other entitlements arising from this contract may only be assigned by the customer with the prior written consent of the provider. The customer is informed that data will be stored in the course of the contract processing.
§ 16 Severability clause
Should individual provisions of these "General Terms and Conditions" be invalid, this shall not affect the binding nature of the remaining provisions and of the contracts entered into on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to its meaning and purpose.
Date: 2021-11-16
Scavenger Hunt
Treasure Hunt
Escape Game
