Contractual conditions within the framework of purchase contracts concluded via the platform http://www.thout.de
between
sly interactive
Sebastian Michels
Jahnstr. 2
41363 Jüchen
– hereinafter referred to as “Provider” –
and
the users of this platform designated in § 2 of these GTC – hereinafter referred to as “Customer/Customers”.
§ 1 SCOPE OF APPLICATION
The business relationship between the supplier and the customer is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 CONCLUSION OF CONTRACT
(1) The presentation of products on the http://www.thout.de platform does not constitute a legally effective offer. The presentation of the products merely invites the customer to submit an offer.
(2) The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the “Order with obligation to pay” button in the final ordering step. The customer can change and view the data at any time before submitting the order.
(3) The customer has the option of submitting an offer to the provider by telephone or email. In addition to stating the product or service request, the customer’s submission of an offer becomes binding by providing a (billing) address.
(4) The contract between the provider and the customer is only concluded by a declaration of acceptance by the provider. The declaration of acceptance is the confirmation of receipt (order confirmation) by e-mail with the subject “Your booking with THOUT”.
(5) In the area(s) specified in para. 3, the delivery of the goods/service (the booking or voucher code) will be carried out. The text of the contract (consisting of the order/order confirmation and GTC) is sent to the customer in this way on a durable medium (e-mail) by the provider. The text of the contract is stored in compliance with data protection regulations.
(6) The provider reserves the right to revoke the conclusion of the contract within 14 days without giving reasons.
(7) The contract is concluded in the language: German.
§ 3 AVAILABILITY OF GOODS & SERVICES
(1) The booking unit purchased by the customer only and exclusively entitles the customer to attend the booked event on the date stated on the order confirmation. In principle, only the ticket codes issued by the provider are valid for admission. Further services are not included unless they have been expressly stated in the text of the contract.
(2) If the customer arrives late and therefore does not appear at the selected booking time, the agreed service cannot be provided and admission to the event cannot be granted. In the event of non-attendance, the customer’s entitlement to the event shall lapse. The obligation to pay the total price of the order remains in force (see § 10).
(3) If the booking or voucher code is lost after the contract text has been sent, no replacement is guaranteed by the provider.
(4) The commercial resale of the provider’s booking or voucher codes by unauthorized third parties is prohibited without the written consent of the provider.
(5) Booking codes, vouchers and any goods remain the property of the provider until the final invoice amount has been paid in full.
(6) The customer shall only be entitled to make a booking if the invoice amount has been paid in full and the value date has been set before the start of the booking period.
§ 4 VOUCHERS
(1) Vouchers in which an equivalent value in the form of a service or goods is clearly specified shall apply exclusively to the specific goods. The prices are inclusive of VAT.
(2) Vouchers in the form of value vouchers are a voucher with a nominal value in euros, which entitles the holder to use this value voucher as a means of payment for the purchase of services offered by the provider.
(3) Vouchers are independent of the day, room, number of persons and start time along the event room offer.
(4) Vouchers issued by the provider are redeemable for three years (acquired after 01/24) from the day the voucher code is issued (regardless of the method of acquisition). The customer shall have no legal claim to the provision of services after expiry of the deadline.
(5) Remaining amounts shall remain assigned to the voucher code issued so that they can be used to pay for a benefit using the voucher code again. The term and thus the validity of a voucher remains unchanged by the pro rata use of a voucher, so that after the expiry of the period, the customer no longer has a legal claim to the provision of services by the provider for any remaining amounts.
(6) Remaining amounts of the vouchers cannot be refunded or paid out.
(7) The customer can obtain information about (remaining) amounts and/or duration by sending an email request to mail@thout.de, stating a purchase reference (voucher code / name / address / booking code).
(8) Vouchers are not personal and are transferable to third parties.
§ 5 PRICES AND SHIPPING
(1) All prices stated on the provider’s platform include the applicable statutory value added tax.
(2) The dispatch takes place exclusively by e-mail.
§ 6 DATA PROTECTION AND DATA PROCESSING
(1) The provider collects customer data as part of the processing of contracts. In particular, it observes the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) in the currently valid versions. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) The provider or third-party ticket sellers authorized by the provider are connected to the provider’s central billing system. The data collected will only be stored on the provider’s central server in accordance with the data usage declaration (hereinafter referred to as “DNE”) and in strict compliance with the existing legal regulations.
(3) The customer has the rights to information, correction and deletion with regard to personal and usage-specific data as guaranteed by the Federal Data Protection Act. These rights are to be exercised by sending a message by post (for contact details see “Provider” definition) or by e-mail to widerruf@thout.de
§ 7 CONSENT TO THE RECEIPT OF E-MAILS AND/OR SMS
(1) By agreeing to these GTCs, the user consents to the receipt of e-mails and/or text messages that are necessary for the execution or confirmation of the booking recorded upon conclusion of the contract. Consent also includes e-mails that are intended to draw attention to special services of the provider (such as new theme rooms or similar). Revocation of this consent is only possible after expiry of the booking period selected when the contract was concluded. The revocation must be made in writing by post (see “Provider” for contact details) or by e-mail to widerruf@thout.de.
§ 8 OBLIGATION OF THE CUSTOMER TO INSPECT
(1) The customer is obliged to check the contract text received for completeness and correctness upon receipt. Any discrepancies or alleged errors in the text of the contract must be reported within 24 hours by email to mail@thout.de. Later feedback/complaints are excluded from any warranty.
§ 9 NO RIGHT OF REVOCATION UNDER DISTANCE SELLING LAW
(1) With the service of obtaining booking times for the experience at THOUT – The House Of Unwritten Tales via the Internet, the Provider offers services in the field of leisure events. The distance selling law does not apply to these in accordance with § 312 g paragraph 2 no. 9 BGB. This means that there is no right of withdrawal with regard to your declaration of intent concerning the booking time purchased via the Internet.
§ 10 CANCELLATION / NON-COMMENCEMENT OF BOOKINGS
(1) Cancellation by the customer free of charge is possible up to 15 days before the booking date.
(2) Cancellations must always be made in writing (by letter post or e-mail to mail@thout.de) to the attention of the provider in order to meet the deadline.
(3) In the event of a timely cancellation, payments already made can be refunded. If (value) vouchers have been used for (pro rata) payment, a coupon can be issued that corresponds to the voucher value used. The term of the voucher is set to the (remaining) term of the voucher used for the booking. If the term of the underlying voucher has expired between the time the contract is concluded and the time it is canceled, no voucher can be issued or any other type of refund made. The amount paid in vouchers expires.
(4) If a booking is not canceled by the customer in due time and/or if the customer does not appear or does not appear on time for the booked event, all claims against the provider shall lapse. Payments already made will not be refunded or replaced.
(5) If the customer still has outstanding payments for services that were not canceled and/or not commenced in due time, a cancellation fee of 60% of the booking value will be charged to the customer after the booking date has passed and demanded with a payment term of 14 days.
(6) Payments already made by the customer for services that could not be used in full due to the customer’s fault (e.g. the appearance of fewer participants on the day of the event than previously booked) cannot be refunded (pro rata).
§ 11 POSTPONEMENT / NON-COMMENCEMENT OF BOOKINGS
(1) The customer may change the date free of charge up to 15 days before the booking date.
(2) In order to meet the deadline, postponements must always be made in writing (by letter post or via e-mail to mail@thout.de) for the attention of the provider.
(3) If the customer wishes to deviate from the services agreed upon conclusion of the contract (other than scheduling), approval is at the discretion of the provider. There is no entitlement to change the agreed services.
(4) Requests to postpone bookings for which (value) vouchers have been used whose term has expired between the date of conclusion of the contract and the date of postponement cannot be granted.
(5) If a booking is not registered by the customer in due time for rescheduling and/or if the customer does not appear or does not appear on time for the booked event, all claims against the provider shall lapse. Payments already made will not be refunded or replaced.
(6) Section 10 (5) shall apply accordingly to outstanding payments for room bookings that have not been postponed and/or not taken up by the deadline.
§ 12 LIABILITIES OF THE PROVIDER / OBLIGATION TO PAY COMPENSATION
(1) The provider is not liable for lost clothing or lost or stolen valuables.
(2) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(3) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by negligence, unless the Customer’s claims for damages are based on injury to life, limb or health.
(4) The restrictions of §11(2) and §11(3) also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(5) The provider is not liable for damage caused by third parties (in particular other visitors). Unless the provider or its legal representative or vicarious agent has contributed to the damage through gross negligence or intent. The limitations of liability do not apply in the event of injury to life, limb or health.
§ 13 PROHIBITED BEHAVIOR OF THE CUSTOMER
(1) All events in the rooms and the rooms themselves are protected works under copyright law (§ 2 UrhG). Taking photographs and making film, video or audio recordings is prohibited. The provider reserves the right to file a criminal complaint with the criminal prosecution authorities in the event of unauthorized recording of an event or parts of an event.
(2) It is not permitted to bring in or consume food and beverages on the entire event grounds.
(3) Smoking is prohibited in all areas of the venue.
(4) The provider, its legal representative or vicarious agent has the right to refuse a customer access to the event venue or room at any time if there is reason to fear that the person concerned could disrupt the performance or general business operations or disturb other visitors due to alcohol or drug consumption or for other reasons.
(5) Animals of any kind are not permitted. An exception may be the carriage of guide dogs, provided that prior agreement has been made by e-mail to mail@thout.de.
§ 14 REQUIRED BEHAVIOR OF THE CUSTOMER
(1) For the duration of the stay at the venue, the customer undertakes to use the premises with due care, in particular the furnishings and fixtures of the rooms. All rooms in THOUT – The House Of Unwritten Tales are under video surveillance. The provider reserves the right to prosecute under civil law in the event of any culpable damage and also to prosecute under criminal law in the event of willful damage. To clarify the question of guilt, a recording of the stay can be secured and handed over to the authorities in the course of further investigations.
(2) In the event of a deviation from the intended use and in the event of damage in one of the rooms provided, a recording of the stay may be saved to clarify the question of guilt and handed over to the authorities in the course of further investigations.
(3) Objects of any kind found in the venue must be handed in to the staff.
(4) The customer undertakes to follow the instructions of the provider, its legal representatives or its vicarious agents and to refrain from disrupting operations of any kind. Cell phones and other electronic means of communication as well as acoustic signaling devices of any kind are not permitted in the play areas. The use of optical pointing devices (laser pointers), flashlights or light apps on cell phones is prohibited. In the interest of a trouble-free event, the provider, its legal representative or vicarious agent shall be entitled to request the user of one of the aforementioned devices to shut it down immediately or to ask the customer to leave the event.
(5) A refund of any payments made is excluded if the customer has been asked to leave the venue by the provider, its legal representatives or vicarious agents due to violation of the above-mentioned bids.
§ 15 EXPULSION AND BAN FROM THE HOUSE
(1) In the event of violations of the above provisions of § 11 and § 12, the provider, its legal representatives or vicarious agents shall be entitled to expel the respective visitor from the premises. Without prejudice to its other rights, the Provider is entitled to issue a temporary or permanent ban from the premises in the event of significant or repeated disruption and in the event of breaches of these provisions in individual cases.
§ 16 BEST LIST / CHALLENGE MODE
(1) Customers who have selected the “Challenge mode” option during the booking process may use their room experience with an extension of the challenge rules and thereby attempt to qualify for the leaderboard of the selected room.
(2) The “challenge mode” can be added and canceled free of charge at any time before the start of the room by the customer vis-à-vis the provider, its legal representatives or vicarious agents on site.
(3) The “challenge mode” is a separate gaming experience. The mode can also have a negative impact on the customer’s subjective gaming experience in individual cases due to the changed procedure in accordance with the applicable rules. As the addition is an optional extension in accordance with the customer’s wishes, a refund is excluded against the background of the “satisfaction guarantee”.
(4) Customer groups are required to choose a group name upon successful completion of the room and its game purpose in compliance with the additional rules of the “challenge mode” and to name it on site to the provider, its legal representatives or vicarious agents, which will be published on the website www.thout.de/bestenliste/ stating the ranking achieved and a date with the playing time achieved, provided that the playing time achieved should be sufficient for a ranking among the top ten groups.
(5) The customer has no right to publication. However, it is generally only not granted by the provider if the chosen group name is immoral, xenophobic or of a similar nature, or if there are discrepancies in the fulfillment of the room against the background of the purpose of the game.
§ 17 FINAL PROVISIONS
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and private international law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, where applicable. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 ABS. 1 ODR-VO AND § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
