PREAMBLE

The meaning of the terms used in this Preamble and in the General Terms and Conditions is clarified in § 1 Links Terms and §2 Quest Terms. First, however, the difference between „Links“ and „Quest“ should be explained.

 Links are mere references to foreign quest providers. Escapelist contains these for information purposes only and is not liable for the content of linked websites.

 Quest are »bookings« of specific events organized by a specific organizer booked through Escapelist.

 The Escapelist catalog is operated by Phobia GmbH, FN 426123 b, Himmelpfortgasse 17, A-1010 Vienna, Austria (here in after referred to as »the Company«). 

As far as pronouns referring to persons are given only in masculine form, they refer to both women and men in the same way.

§ 1 GENERAL TERMS AND CONDITIONS 

LINKS

1. APPLICATION, CONCLUSION OF CONTRACT

  1. The company Phobia GmbH (Firstescape), FN 426123 b, Himmelpfortgasse 17, A-1010 Vienna, Austria (hereinafter »Company«) provides its services exclusively on the basis of the following General Terms and Conditions. These apply to all legal relationships between the company and the customer, even if not expressly referred to. The terms and conditions apply to all services of the company.
  2. In each case, the valid version at the time of the conclusion of the contract, which is available on the company's website, is decisive. Deviations from these as well as other supplementary agreements with the customer are only effective if the company confirms them in writing.
  3. Any terms and conditions of the customer will not be accepted, even if they are known, unless otherwise agreed in writing in an individual case. A further objection to the customer's terms and conditions by the company is not required.
  4. Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the liability of the remaining provisions and the contracts concluded on their basis. An effective one that comes closest to the purpose shall replace the ineffective provision.
  5. The offers of the company are non-binding.

 2. LIMITATION OF LIABILITY

  1. This website is operated by the company under the name Escapelist and contains a list of links to external Quest providers. The user has the opportunity to follow the link and book directly on the provider side.
  2. The external websites are completely independent and beyond the control of the company.
  3. For the correctness and completeness of the information on the linked websites no guarantee can be given. For this reason, any liability for any damage in connection with the use of the information offered is excluded. The mere use of this website does not create any contractual relationship between the user and the provider / publisher. In case of booking via the link provided on this page, the contract is concluded directly between the third party and the customer.
  4. As far as this website links to other websites, it is pointed out that there is no influence on the design and content of the linked websites and their contents are not adopted. The company assumes no liability for the content of the linked websites or external links attached to these pages. The company also assumes no liability for the completeness and correctness of the linked websites, for the functionality of the links or the constant accessibility or availability of external websites.
  5. For the linked websites, any unlawful content was unknown and unrecognizable to the company at the time of linking. In the knowledge of facts or circumstances, from which an illegal activity or information becomes apparent, the link will be removed immediately.
  6. In no event will the Company be liable for any damages of any kind whatsoever arising out of or in connection with access to the Website, access to, use or retrieval of its contents or links to external websites established on the Website.

§ 2 GENERAL TERMS AND CONDITIONS

 QUEST

 1. APPLICATION

  1. The company Phobia GmbH (Firstescape), F FN 426123 b, Himmelpfortgasse 17, A-1010 Vienna, Austria (hereinafter "Company") provides its services exclusively on the basis of the following General Terms and Conditions. These apply to all legal relationships between the company and the customer, even if not expressly referred to. The terms and conditions apply to all services of the company.
  2. In each case, the valid version at the time of the conclusion of the contract, which is available on the company's website, is decisive. Deviations from these as well as other supplementary agreements with the customer are only effective if the company confirms them in writing.
  3. Any terms and conditions of the customer will not be accepted, even if they are known, unless otherwise agreed in writing in an individual case. A further objection to the customer's terms and conditions by the company is not required.
  4. Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the liability of the remaining provisions and the contracts concluded on their basis. An effective one that comes closest to the purpose shall replace the ineffective provision.
  5. The offers of the company are non-binding.

2. CONCLUSION OF CONTRACT, SERVICE PROVISION

  1. The company provides a mediation service between a customer and an external Escape-Room-Betreiber. Contracts resulting from the provision of experiences via the Escapelist website and the customer are subject to the following terms and conditions of the company's »Quest«. The agency contract is concluded between the customer and the company.
  2. In the case of service delivery contracts mediated by the Company between the external Escape Room operator and the customer, the terms and conditions of the respective organizer apply, with the exception of the cancellation and payment conditions. The contractual partner for the provision of services from the time of placement is the respective external Escape Room operator. The company has no influence on the conditions at which the mediated quests are conducted.
  3. The customer concludes both contracts - agency contract and service contract - with the respective contractual partner for himself and possibly all other participants for whom he books. The customer is obliged to inform any other customers for whom he books about all conditions

3. BUSINESS CONTENTS / DESCRIPTION OF THE SERVICE

  1. The company ensures the arrangement of quests between customers and external Escape Room operators and acts thereby exclusively as an intermediary. The performance of mediated quests is not part of the company's obligations, but is provided by the respective provider on its terms.
  2. The mediation service of the company consists, inter alia, in the chargeable provision of booking options via the website Escapelist.
  3. With the realization of the booking at the external Escape Room operator and order confirmation, the agency's performance is deemed to have been provided.

4. PRICING

  1. The price offered on the day of the order on the website Escapelist is binding. All indicated prices are endprices. All prices include the statutory value added tax.

5. BOOKING / PAYMENT

  1. The booking is effected via the website Escapelist.
  2. The payment is to be made in advance. Payments can be made online at the stage of booking. An unpaid reservation with payment on the spot on the booked date is not possible. The payment should be made immediately upon receipt of the invoice and without deductions, unless special terms of payment are agreed in writing in individual cases.
  3. All services of the company that are not expressly compensated by the agreed fee will be remunerated separately. All expenses of the company are to be reimbursed by the customer.
  4. In case any benefits of the enterprise are for any reason thwarted by the customer, the agreed compensation should be paid to the enterprise. The provision on compensation exemption of § 1168 General Civil Code (ABGB) is not applicable.
  5. For the terms of payment only the terms and conditions of the company apply. Any deviating terms and conditions of the external escape room operators are not applicable.

6. PARTICIPATION IN EXTERNAL QUESTS

  1. Participation in the external quests may be subject to individual requirements. By booking, the customer declares that all participants meet the published individual requirements for each quest.
  2. The Company disclaims all liability for any adverse consequences that Customer or any other Participant may suffer as a result of failure to meet the personal requirements for the Quest. A refund is excluded. The conditions for participation can be found on the website of the respective Escape Room operator and can be requested directly from the Escape Room operator.

7. COMPUTING SERVICES

  1. The company provides mere intermediary services. Customers are required to inform themselves when booking an external quest about the terms and conditions of the respective external Escape Room operator.
  2. If the customer makes false statements regarding his person, his address, his telephone number or e-mail address, neither the company nor the external Escape Room operator assumes liability for the potentially disadvantageous consequences. The customer is liable for the accuracy of the personal data of all participants.
  3. The company assumes no liability for any disruption of services from the date of placement.
  4. There is no claim to mediation of a particular quest a particular place with a particular provider.

8. DATA PROTECTION

  1. The company handles the personal data of customers in compliance with all legal data protection regulations.
  2. The customer agrees that his personal data for the purpose of contract fulfillment and support of the customer as well as for own advertising purposes, for example for the sending of offers, advertising leaflets and newsletters in paper and electronic form are automatically supported, stored and processed. The client agrees that electronic mail will be sent to him for advertising purposes until further notice.
  3. This consent can be withdrawn at any time in writing by e-mail, fax or letter.

9. CANCELLATION TERMS

  1. For organizational reasons, the cancellation of a booked and paid appointment is not possible. According to the terms and conditions of the external Escape Room operator, an appointment change is possible.
  2. The cancellation of the booking and thus the resignation of the customer from the agency contract is excluded according to § 18 Abs 1 Z 10 FAGG.
  3. For the cancellation conditions, only the general terms and conditions of the company apply. Any deviating terms and conditions of the external escape room operators are not applicable.
  4. Cancellations by the external escape room operator are possible. The cancellation is made directly to the customer. The type and timing of a possible cancellation by the external Escape Room operator are regulated by the terms and conditions of the external Escape Room operators.
  5. If the number of participants is changed, partial reimbursement is not applicable.

10. DESCRIPTION OF EXTERNAL QUESTS

  1. The descriptions of the external escape room operators apply.
  2. External escape room operators are responsible for complying with all copyright laws regarding the photographs, images, texts, scenarios, descriptions, etc. used.
  3. Information on availability is shown on the website for the individual quests and correspond to the information of the respective Escape Room operator at the time of their recruitment.
  4. Only the respective external escape room operator is responsible or the description and execution of the quest games.

11. LIABILITY AND WARRANTY

  1. The company is liable for the provision of the service in accordance with the statutory provisions of the warranty. However, the Company is not liable for the provision of the mediated services by the Organizers, but only for the careful selection of the respective Organizer. The proper placement of the Quest and for the proper and demonstrable transmission of information, advertisements, declarations of intent and payments between customers and the external Escape room operator as part of the mediation of the respective quest at the respective external escape room operator and vice versa.
  2. The liability of the company for contractual breaches of duty and tort is limited to intent and gross negligence.

12. CHANGES TO THE TERMS

  1. The company reserves the right to change these Terms and Conditions at any time without notice. The current version is available on the website Escapelist for retrieval.

13. PLACE OF EXECUTUION

  1. Place of execution is the registered office of the company.

14. JURISDICTION AND APPLICABLE LAW

  1. The place of jurisdiction for all disputes arising between the company and the customer in connection with this contractual relationship shall be the competent court at the registered office of the company. Regardless, the Company is entitled to sue the Customer at his general venue.
  2. Austrian law applies exclusively, excluding the reference standards of the IPR and the UN Convention on the International Sale of Goods