T&Cs
General Terms and Conditions
(Parts II and III of these Terms and Conditions also contain statutory information about your rights in electronic commerce as well as further mandatory information for consumers. Please note: the German-language version of these Terms and Conditions is the sole legally binding version.)
Part I: General Terms and Conditions
§ 1 Definitions
(1) Where these T&Cs confer particular rights and obligations exclusively on consumers within the meaning of § 13 of the German Civil Code (BGB) or exclusively on traders within the meaning of § 14 BGB, the following definitions shall apply:
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
(3) A trader within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession. A partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities.
§ 2 Scope of the T&Cs for Traders
(1) Where the customer is a trader within the meaning of § 14 BGB (see § 1 para. 3 of these T&Cs), these T&Cs shall apply exclusively. Any general terms and conditions of the customer shall apply only to the extent that the provider has expressly agreed to them in writing prior to the relevant conclusion of contract.
(2) Where the customer is a trader within the meaning of § 14 BGB (see § 1 para. 3 of these T&Cs), these General Terms and Conditions shall also apply to all future transactions between the contracting parties.
§ 3 Services of the Provider
(1) The provider offers paid leisure activities in the field of live escape games. The concept of a live escape game is that a group of two to twelve people must successfully complete a given mission within 60 minutes. This requires team spirit/teamwork, logical thinking and skill from the participants. Achieving this goal is supported by the assistance of a game master who monitors and controls each game on-site via camera and microphone.
(2) The provider also offers various goods for sale (e.g. games, vouchers).
§ 4 Participation
(1) Customers must be at least 18 years of age to participate in a live escape game or to purchase goods.
(2) Participation in a live escape game by persons under 18 years of age is only possible with the written consent of a person with parental authority and when accompanied by a person who has reached the age of 18. Participation requires that players consent to being monitored by the game master via a live stream throughout the entire game. No recording takes place. Participants will receive a corresponding consent form before the start of the game.
§ 5 Obligations and Responsibilities of Participants
(1) Each participant must ensure that they are physically and mentally fit to take part. Participants who suffer from claustrophobia, panic attacks, asthma, heart conditions, epilepsy, infectious diseases or other health complaints are strongly advised not to participate in the game.
(2) Participants must follow the instructions of the game master. Any form of violence is prohibited. All damage caused in the game room due to the fault of a participant shall be reimbursed by the customer.
(3) Photography and video recording are not permitted inside the game room.
§ 6 Vouchers
(1) Purchased vouchers whose equivalent value in the form of a service is clearly specified shall apply exclusively to that specific service. The value is inclusive of the applicable statutory VAT in each case. Vouchers may only be used as payment for the redemption of a service.
(2) Any claim for cash payment of vouchers against Final Escape 2.4 GmbH is excluded, without prejudice to the statutory right of withdrawal (see also Part II, No. 9).
(3) Vouchers issued by Final Escape 2.4 GmbH become invalid upon expiry of the statutory limitation period.
§ 7 Liability of the Provider
The provider's liability for claims for damages and claims for reimbursement of wasted expenditure is governed as follows:
(1) The provider is liable without limitation for damage caused intentionally or by gross negligence.
(2) In the event of a slightly negligent breach of material contractual obligations by the provider, the obligation to compensate is limited to the typically foreseeable damage. Otherwise, liability for damage caused by slight negligence is excluded. Paragraphs 3 and 4 remain unaffected. A contractual obligation is material if its performance is essential for the proper execution of the contract and the customer may reasonably rely on its fulfilment.
(3) The provider's liability for culpably caused personal injury, i.e. for loss of life, physical injury or damage to health, is unlimited. Liability under the German Product Liability Act (Produkthaftungsgesetz) and for guarantees likewise remains unaffected.
(4) The defence of contributory negligence is reserved to the provider in all cases of liability.
§ 8 Applicable Law
All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany, excluding its conflict-of-law provisions. In relation to consumers (see § 1 para. 2 of these T&Cs), this choice of law applies only to the extent that mandatory provisions of the law of the state in which the consumer is habitually resident do not conflict with the provisions of these T&Cs. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
§ 9 Place of Jurisdiction
The courts at the provider's registered office shall have exclusive jurisdiction over disputes arising from or in connection with the contract and/or these T&Cs, provided that the customer is a merchant or a legal entity under public law or a special fund under public law, or the customer has no fixed place of residence in Germany, the customer has moved their place of residence or habitual abode outside Germany after these T&Cs became effective, or the customer's place of residence or habitual abode is unknown at the time the action is brought.
Part II: Information on Electronic Commerce and Consumer Information
1. Language of Contract
The language of contract is German. These General Terms and Conditions are offered in German only.
2. Conclusion of Contract and Technical Steps Leading to the Conclusion of Contract
a) The presentation of offers on the provider's website does not constitute a binding offer by the provider, but merely an invitation by the provider for the customer to submit an offer to conclude the service contract.
b) When the customer places a service in the shopping basket, they go through an ordering process on the provider's website before submitting a binding offer. The customer must select the number of participants, their billing address and their preferred payment method. Only by submitting the online order by clicking the binding order button 'order with obligation to pay' does the customer submit a binding offer for the ordered services at the price stated in the order summary.
c) If the customer selects 'PayPal', 'Giropay' or 'Sofort' as the payment method during the ordering process, the customer's offer is accepted at the time the payment instruction is confirmed to the respective payment service provider. The contract with the provider is concluded upon the customer's confirmation of the payment instruction to the respective payment service provider.
d) If the customer selects 'credit card' as the payment method during the ordering process, the customer's offer is accepted at the time the credit card is charged, which occurs immediately after the customer submits their credit card details. The contract with the provider is concluded upon the charge being made to the credit card.
e) If the customer indicates 'payment on-site' as the payment method, the customer's offer is accepted by an order confirmation from the provider. If the customer does not receive an order confirmation within 2 hours, the customer's offer is deemed to have been rejected and no contract is concluded. In that case the customer is likewise no longer bound by their offer.
f) The customer may also make a binding booking of a provider service by telephone, fax or e-mail. In this case too, the customer's offer is accepted by an order confirmation from the provider. If the customer does not receive an order confirmation within 2 hours, the customer's offer is deemed to have been rejected and no contract is concluded. In that case the customer is likewise no longer bound by their offer.
3. Correction of Input Errors Before Submitting the Order
Customers can review an order on a separate page before it is finally submitted. Input errors can then be corrected by clicking the 'Back' button in your internet browser on the previous page or by using the relevant correction function in the ordering process.
4. Storage of the Contract Text
The order data and the T&Cs together with the withdrawal notice and withdrawal form are sent to the customer in text form together with the provider's order confirmation by e-mail. The contract text is also stored on the provider's internal systems and sent again by e-mail at the customer's request.
5. Payment Details
a) Payment of the purchase price is made using the payment options offered during the ordering process.
b) In the event of a default in payment by the customer, the provider is entitled, provided that the provider has unsuccessfully set the customer a reasonable deadline for performance or subsequent performance, to withdraw from the contract.
6. Delivery Details
a) Unless otherwise agreed prior to the conclusion of the contract, the necessary data will be delivered immediately after conclusion of the contract to the e-mail address provided by the customer.
b) Due to circumstances beyond the provider's control, such as force majeure, operational disruptions, etc., delivery may be delayed. The provider will inform the customer promptly. The customer's rights remain unaffected.
c) If delivery of the data necessary to conduct the game is impossible due to circumstances beyond the provider's control, the right to performance is excluded. In the event of non-fulfilment of the service, the provider undertakes to inform the customer promptly of the obstacles to performance and to refund any payments already made without delay.
7. Prices
a) The prices stated in the respective offers include statutory VAT and all other price components (total price).
8. Information on Warranty Conditions and Guarantees
a) Statutory warranty conditions apply.
b) If the provider grants an additional voluntary guarantee, the customer's statutory warranty rights are not thereby restricted. The guarantee applies in addition to the statutory warranty rights; the content of the guarantee and all material information required for claiming it against the provider can be found in the respective guarantee declaration.
9. Right of Withdrawal for Consumers
(1) A customer who is a consumer (cf. § 1 para. 2 of these T&Cs) has a right of withdrawal when purchasing vouchers/goods. The details of the consumer's right of withdrawal are set out in the withdrawal notices and the withdrawal form provided by the provider in the annex to these T&Cs.
(2) There is no right of withdrawal for live escape games, as these involve contracts for the provision of services related to leisure activities where the contract provides for a specific date or period for performance.
10. Main Characteristics of the Goods or Services
The main characteristics of the goods or services can be found in the provider's offers on the website.
11. Identity and Registered Address of the Provider
Our identity and registered address are as follows:
Final Escape 2.4 GmbH
vertreten durch die Geschäftsführer Herr Dr. Simon Kösters und Dr. Michael Meinke
Mäuerchen 43
42103 Wuppertal
12. Online Dispute Resolution (ODR Platform)
The European Commission provides an online dispute resolution (ODR) platform for online traders. The ODR platform is intended to facilitate the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts.
The ODR platform is accessible at the following link: http://ec.europa.eu/consumers/odr/
The ODR platform will be permanently discontinued on 20 July 2025. Complaints can still be submitted until 20 March 2025; after that date this will no longer be possible.
13. Alternative Dispute Resolution under the Consumer Dispute Resolution Act (VSBG)
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Part III: Withdrawal Notice and Withdrawal Form
If you purchase goods and/or vouchers from us as a consumer (cf. § 1 para. 2 of these T&Cs), you have the following rights of withdrawal:
Withdrawal Notice for Vouchers
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date on which the contract was concluded.
To exercise your right of withdrawal, you must inform us [Final Escape 2.4 GmbH, Mäuerchen 43, 42103 Wuppertal, Tel.: +49 (0) 202 25314151; e-mail: info@escape-stories.de] of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the enclosed model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Withdrawal Notice for Other Goods Deliveries
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last goods.
To exercise your right of withdrawal, you must inform us [Final Escape 2.4 GmbH, Mäuerchen 43, 42103 Wuppertal, Tel.: +49 (0) 202 25314151; e-mail: info@escape-stories.de] of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the enclosed model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us [Final Escape 2.4 GmbH, Mäuerchen 43, 42103 Wuppertal] without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion or Early Termination of the Right of Withdrawal
There is no right of withdrawal for contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
Exclusion of the Right of Withdrawal
There is no right of withdrawal for contracts for the provision of services relating to leisure activities where the contract provides for a specific date or period for performance.
Withdrawal Form
If you wish to withdraw from the contract, please complete and return this form.
To:
Final Escape 2.4 GmbH, Mäuerchen 43, 42103 Wuppertal, E-Mail: info@escape-stories.de
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):
— Ordered on (*) / received on (*):
— Name of consumer(s):
— Address of consumer(s):
Signature of consumer(s)
Date
(*) Delete as appropriate.
Version of T&Cs and information: 12.09.2023