1. Company information
|Company name||MysteryRooms Winter & Co.|
|Abbreviated company name||MysteryRooms Winter & Co.|
|Represented by||Vera Winter, Tanja Heise-Boyles, Michael Kleist|
|Registered office of the company||Bernastr. 33 – 3800 Interlaken – Schweiz|
|Commercial register number|
|Location of MysteryRooms games|
2 General Provisions for the Service
2.1 MysteryRooms Winter & Co. operates a game, consisting of a room or room system, in which the players’ task is to escape.
2.2 The validity of these Terms and Conditions shall extend to the contractual use of the services offered by MysteryRooms Winter & Co. (see Article 1).
2.3 In preparing these Terms and Conditions, the relevant legal requirements of the Federal Republic of Germany were considered.
Definitions of terms used in the Terms and Conditions:
|“General Terms and Conditions” or “Terms and Conditions”:||Terms and Conditions refers to the present terms and conditions in the current version.|
|“MysteryRooms Winter & Co.”||MysteryRooms Winter & Co. is the developer of the MysteryRooms Escape Game, and the intellectual property belongs exclusively to MysteryRooms Winter & Co..|
|“MysteryRooms, or game”||The object of the game is to escape from the room or room system provided by MysteryRooms Winter & Co.. For this purpose, players are required to use logical thinking, ingenuity, and technical skills.|
|“Client”||Legal person or organization that is not a legal entity or independent contractor and is booking the game, but not participating in the game.|
|“Participants or players”||Natural persons who use the service of MysteryRooms Winter & Co..|
|“Rules”||Rules of the game as stated in Attachment 1 of these Terms and Conditions shall lay down the conditions for participation in the game. Participants are required to read the game rules prior to the start of the game and will have to confirm, with their signature, that they fulfil the requirements for game participation.|
|“Participation fee”||The participation fee is the consideration paid by the client or participants to participate in the MysteryRooms Escape Game at MysteryRooms Winter & Co..|
|“Trade secret”||Trade secret includes all information, solutions, data, or other circumstances which belong to the economic interests of MysteryRooms Winter & Co. and their publication, use, or disclosure to third parties can hurt or endanger the economic or business interests of MysteryRooms Winter & Co.. For their compliance, the claimant has taken the necessary measures.|
|“Solution”||The complete or partial solutions of the tasks, puzzles, and tests of the MysteryRooms Escape Game.|
4 The Service
4.1 MysteryRooms Winter & Co. is the exclusive operator of the http://mystery-rooms.com web site.
4.2 By paying the participation fee the client and/or the participants are entitled to participate in the MysteryRooms Escape Game.
5 Booking, Appointment, and Payment
5.1 For participation in the MysteryRooms Escape Game booking an appointment by the client or participant is a prerequisite. The booking takes place exclusively online at XXX
5.2 The following payment options are available: cash payment on-site.
5.3 The applicable participation fee will be published on the web site under XXX
5.4 The Groupon vouchers are valid only for the XXX
5.5 For a valid booking the following information needs to be supplied by the client:
5.6 MysteryRooms Winter & Co. ensures that the data of the client or participant will not be disclosed without their written consent.
6 Cancellation of a Reserved Appointment
6.1 Reserved appointments may be cancelled up to 3 days before the booked appointment.
7 Obligations of MysteryRooms Winter & Co.
7.1 MysteryRooms Winter & Co. must ensure that participants have access to the reserved MysteryRooms Escape Game.
7.2 The client may participate at the appointed time at the booked MysteryRooms Escape Game according to the present Terms and Conditions. The duration of the MysteryRooms Escape Game is 60 minutes.
8 Liability of MysteryRooms Winter & Co.
8.1 At the venue of the MysteryRooms Escape Game, MysteryRooms Winter & Co. is obliged to give the participants a brief introduction and to present the game rules to the participants. Participants are required to read and sign the game rules prior to the start of the game. MysteryRooms Winter & Co. will only give access to the game to players who agree with the rules of the game and confirm this with their signature.
8.2 The rules of the game are to be found in Appendix 1 of the present Terms and Conditions.
8.3 MysteryRooms Winter & Co. provides the participants with no equipment, facilities, information, or suggestions that can lead to hazardous behavior of the participants or cause other damage. For injuries, errors, or other damages caused by the participants, MysteryRooms Winter & Co. accepts no liability.
8.4 MysteryRooms Winter & Co. assumes no liability for inevitable events that are outside of the direct or indirect influence of MysteryRooms Winter & Co. and which impair the quality of the MysteryRooms Escape Game or make its execution impossible (including but not limited to epidemics, war, terrorism, strikes, natural disasters).
8.5 For events that lead to the inability or impairment of performance and are due to the peculiarities of the internet, such as limited traffic, technical failures, or other circumstances associated with the use of the internet, MysteryRooms Winter & Co. assumes no liability.
8.6 In the event that a participant has read and accepted the rules of the game, but does not observe them or fails to comply (e.g., intoxicated state, improper behavior) and causes harm to themselves or others, MysteryRooms Winter & Co. assumes no liability.
8.7 MysteryRooms Winter & Co. assumes no liability for the deterioration of the health status of the participant, other health problems, or accidents (e.g., nausea, fainting, heart attack, claustrophobia, panic attack, asthma, etc.).
9 Participant Rights
9.1 The participant is entitled to participation in the MysteryRooms Escape Game for the reserved time slot.
10 Obligations of the Participant
10.1 The participant is obliged to comply in full with the rules contained in Annex 1 of the present Terms and Conditions.
10.2 The solutions of the MysteryRooms Escape Game are regarded as trade secrets. Partial or full release or disclosure to third parties is strictly prohibited.
10.3 Each participant must be present at the venue 10 minutes before the booked appointment so that information on how to play the game can be presented by the organizers of the game.
10.4 The game begins 5 minutes after the booked time at the latest. If the participants are not present or are unwilling to accept the rules of the game, the game cannot start. In this case, MysteryRooms Winter & Co. – in accordance with section 6.1 of the Terms and Conditions – is not obliged to refund the fee to the client or the participant.
11 Liability of the Participant
11.1 Participants must confirm with their signature that they understand the rules of the game, take part in the game at their own risk, and are liable for all damage they cause in the playroom.
12.1 The clients or the participants acknowledge that MysteryRooms Winter & Co. is the exclusive provider of the MysteryRooms Escape Game.
12.2 MysteryRooms Winter & Co. confirms that the client or participant understands, with the approval of the Terms and Conditions, that the web site operated by MysteryRooms Winter & Co., any accompanying software, graphical elements, and design are subject to copyrights. In particular, it is forbidden to copy the web site, to store it, or to decrypt the software. If the copyrights are breached, the offender is obliged to compensate MysteryRooms for the losses sustained.
13 Changing the Terms and Conditions
MysteryRooms Winter & Co. reserves the right, in justified cases, to modify the Terms and Conditions. The modification of the Terms and Conditions will be published by MysteryRooms Winter & Co. at least 8 days before the date on its web site. In the case of a change in the Terms and Conditions, after a reservation has been made, MysteryRooms Winter & Co. will seek the consent of the participant if the services performed are based on the amended Terms and Conditions. A short-term change in the Terms and Conditions will only happen when errors are corrected, a change takes place in favor of the client, or it is required by government regulations.
All parties agree to treat all information and/or data covered by trade secret as strictly confidential. Disclosures to third parties may only be made with the prior written consent of the other party.
15 Settlement of Disputes
15.1 German law applies.
15.2 In case of dispute, parties must try to make an amicable agreement. If this is not successful, then – depending on the area of responsibility – a competent German court is mandated. For questions that are not ruled by the General Terms and Conditions, the current German legislation applies – particularly the Civil Code (BGB).
16 Other Provisions
16.1 For declarations and ancillary agreements to be legally effective, they must be in writing. The Parties must take note that, to comply with the written form requirement, the use of email suffices.
16.2 Consumer complaints must be in writing to the address MysteryRooms Winter & Co., Helvetiastr. 29 – 3800 Unterseen and can also be directed to the customer service office of MysteryRooms Winter & Co..
16.3 For any other questions that are not regulated in these Terms and Conditions, the laws of the Federal Republic of Germany shall apply.
16.4 MysteryRooms Winter & Co. is entitled to suspend or adjust the game without further notice. For damages arising out of the suspension or discontinuance of the game, MysteryRooms Winter & Co. accepts no liability.
17 Validity of the General Terms and Conditions
The provisions of these Terms and Conditions will take effect from 12 March, 2014 and remain enforced until revoked or amended.
Appendix 1 to the General Terms and Conditions – Game Rules
MysteryRooms’s Live Exit Game (or Room Escape Game) consists of a room or a system of rooms. The goal of the game is to escape from this room or system of rooms. Teams have 60 minutes to solve the puzzles and riddles of the room and complete the mission. During the game, players must work together as a team and use their intelligence to solve logical puzzles and riddles.
Terms and Conditions:
- Teams must arrive 10 minutes before the scheduled game for a short pregame briefing.
- The game may start 5 minutes after the scheduled start time at the latest. If players are not present or are not ready to start the game at this time, the game cannot be started and the game fee will not be refunded.
- Participants under 16 years of age may participate only if accompanied by an adult player.
- Players participate in the game at their own risk.
- The participants acknowledge that the door of the playing area will be locked for 60 minutes and it can only be unlocked through solving the room. In justified cases, the door can be unlocked prematurely by the organizers.
- People suffering from claustrophobia, panic attacks, asthma, heart disease, infectious diseases, or other health-threatening illnesses are not advised to participate in the game. If a player with such conditions decides to participate, MysteryRooms accepts no responsibility for any resulting accidents, damages, or impairment of health.
- Strength is not needed for any of the games. Use your head, not your muscles.
Any damages caused to the play area are to be reimbursed.
- Do not touch the cameras. Do not touch objects marked with a black X.
- Playing under the influence of alcohol or drugs is forbidden.
- Taking photos and recording videos in the playroom are not allowed.
- Smoking is prohibited in the playing area.
- Players must not take any objects from the game rooms.
- Dogs and other pets are not allowed in the game room.
- The violation of any of these rules may result in immediate disqualification from the game, and no refund of the game fee will be made.
The participant acknowledges that full or partial solutions of the game or its puzzles or riddles are to be regarded as trade secret. Their publication or disclosure to any third party violates the economic, financial, and business interests of MysteryRooms.
I hereby certify with my signature that I have read and understood the rules of the game and the confidentiality clause and there is no circumstance on my part that should prevent my participation in the Game.