Terms and Conditions

1. General

1.1 Spybrain Escape Cologne („Spybrain Escape Cologne“ or „Spybrain“) offers the following:

• Indoor Escape Rooms (Escape Rooms) for teams of 3–8 people
• Outdoor-Rallyes for groups
• Bollerbattle (mobile event format)
• Online games for virtual teams

1.2 Persons aged 11 and over are eligible to participate. Children up to the age of 16 must be accompanied by an adult and have the consent of a parent or guardian. The event is not suitable for people with mental illness, asthma, heart disease or other serious illnesses. Für die Indoor Escape Rooms und Outdoor-Rallyes gilt: Teilnahmeberechtigt sind Personen ab 11 Jahren. Bei abweichenden Angaben gilt das im Buchungsformular angegebene Mindestalter. Kinder und Jugendliche bis 16 Jahren benötigen zwingend die Begleitung durch einen Erwachsenen sowie das Einverständnis der Erziehungsberechtigten.

1.3 The Indoor Escape Rooms are not suitable for people with mental illness, asthma, heart disease or other serious illnesses. Each participant must ensure that he/she is in a healthy physical and mental condition.

1.4 Each participant confirms by accepting these T&C, that he/she is in a healthy physical and mental condition to participate in the respective experience activity and undertakes responsibility for this.

2. Booking conditions

2.1 All offers of Spybrain (Indoor Escape Rooms, Outdoor-Rallyes and Online-Games) can only be booked via the official website www.spybrain-escape.de. The Bollerbattle can be booked via www.spybrain-escape.de or via www.bollerbattle.de.

2.2 The booking person must be at least 18 years old and fully capable of contract.

2.3 The contract between the customer and the provider comes into existence through the booking confirmation, which is sent by email to the email address specified by the customer. It is recommended to check the spam folder as well.

2.4 The booking confirmation contains a booking number, which must be provided when making any inquiries or appearing on site.

2.5 The customer is obligated to report any errors in the booking confirmation or invoice immediately to the provider.

2.6 The data collected during the booking is stored and processed in accordance with the applicable data protection regulations. Further information can be found in our privacy policy under www.spybrain-escape.de/en/privacy/.

3. Prices and payment conditions

3.1 All prices specified include the applicable VAT.

3.2 The full payment must be made in advance at the time of booking (prepayment). The following payment methods are available:

• PayPal
• Bank transfer
• Credit card
• Payment on account (only for corporate customers after prior agreement) against a fee of 10 €

3.3 If more participants than originally booked appear on the day of the event, a subsequent booking can be made on site. The payment for additional participants can be made on site by cash or card payment.

3.4 The current prices are displayed to the customer during the booking process and in the booking confirmation/invoice.

3.5 The provider reserves the right to correct obvious errors in advertised or confirmed prices and will inform the customer immediately in case of such an error. The customer then has the right to accept the booking at the corrected price or to withdraw from the contract.

3.6 Special prices, discounts and promotions can be time-limited or quantity-limited and are not combinable with other offers or vouchers, unless expressly stated otherwise.

3.7 If a discounted Wednesday appointment (Escape Day) was booked and the appointment is moved to another, non-discounted weekday, the respective standard rate applies at the time of the move. The resulting price difference must be paid by the customer.

4. Cancellation and refund

4.1 After receipt of the booking confirmation, the following cancellation conditions apply:

4.2 For cancellations by the customer, the following conditions apply:

4.2.1 For Indoor Escape Rooms and Bollerbattle:

• Cancellation more than 14 days before the booked appointment: The booking can be cancelled free of charge.
• Cancellation 14 days up to 48 hours before the booked appointment: The booking is converted into a voucher. Its validity period is 365 days.
• Cancellation less than 48 hours before the booked appointment: The booking is converted into a voucher, a service fee of 30 € is due and deducted from the voucher amount.
• For non-appearance („No-Show“) or not appearing on time: 100 % of the booking price is due.

4.2.2 For Online-Games and Outdoor-Rallyes:

• After purchase, cancellation or refund is excluded.

4.3 Legal right of withdrawal: The sale of tickets for a musical, theater, concert, sports or other leisure event does not constitute a distance selling contract (“Fernabsatzvertrag”) as of § 312b BGB (German legislation applies). This means that the customer has no legal right of withdrawal. Each booking of an appointment is therefore binding and obligated to pay the booked appointment.

4.4 Cancellations must be made by email to info@spybrain-escape.de oder über das contact form on www.spybrain-escape.de. The time limit for compliance is the time of receipt of the message at the provider.

4.5 Cancellations/changes on our part:

• Should we have to cancel or change an appointment due to unforeseeable events, you have the right to accept this change or to receive a full refund of the purchase price.
• The provider will endeavour to offer the customer an alternative appointment.

4.6 The exchange or refund of vouchers is excluded.

5. Higher force

5.1 The provider does not assume any liability or compensation in the event of higher force.

5.2 Higher force is defined as unpredictable, unavoidable and extraordinary events that cannot be prevented even by the utmost care, particularly:

• Natural disasters (e.g. floods, earthquakes, storms)
• Epidemics or pandemics and resulting legal regulations
• Military conflicts, terrorist attacks, civil unrest
• Strikes, blockades or other operational disruptions
• Power outages or technical defects that are not attributable to the provider

5.3 In the event of higher force, the provider will inform the customer as soon as possible and endeavour to offer an alternative appointment.

6. Liability

6.1 We shall only be liable for simple negligence – except in the event of injury to life, limb or health – if material contractual obligations (cardinal obligations) are breached. Liability is limited to the foreseeable damage typical of the contract, but not exceeding the amount of the ticket price booked.

6.2 Liability for indirect and unforeseeable damage, loss of production and use, loss of enjoyment, loss of profit, loss of savings and financial loss due to third-party claims is excluded in the event of simple negligence – except in the event of injury to life, limb or health.

6.3 Any further liability beyond the scope of this contract is excluded, regardless of the legal nature of the claim asserted. However, the above limitations or exclusions of liability shall not apply to strict liability prescribed by law (e.g. under the German Product Liability Act) or liability under a no-fault guarantee.

6.4 Insofar as liability is excluded or limited in accordance with Sections 1 and 2, this shall also apply to the personal liability of employees, workers, representatives, organs and agents of Spybrain GbR.

6.5 The provider does not assume any liability for personal belongings of the participants. In the Indoor Escape Rooms, the participants can take their personal belongings into the game room. In the Outdoor-Offers, the personal belongings remain with the participants. It is recommended to leave valuable items at home if possible.

6.6 The participants are obligated to follow the instructions of the staff. In case of violation of instructions of the staff, the AGB or the safety instructions, the provider may exclude the participants from the game. In this case, there is no claim for a refund of the entrance fee.

7. Other

7.1 Pünktlichkeit:

The participants are obligated to appear on time at the booked appointment at the agreed location.

In case of lateness, the game time is shortened accordingly. No refund of the entrance fee is provided in this case.

7.2 Damage: The customer is liable for all damage caused by him or other participants in the premises. Intentional damage is subject to criminal prosecution.

7.3 Alcohol and drugs: Alcoholics or people under the influence of drugs are not allowed to enter the premises or participate in any of the provider's offers. No refund of the entrance fee is provided in this case. The provider reserves the right to exclude people who are obviously intoxicated or under the influence of drugs from the game.

7.4 Copyright: The entire premises, facilities and stories are protected by copyright. Audio and video recordings are not permitted and are subject to legal prosecution.

7.5 Photography and Social Media: Photography is permitted in the areas of stay, but not in the game rooms themselves. Publication in social media, which contains hints about the solution of the puzzles, is prohibited.

7.6 Smoking, eating and drinking: Smoking is prohibited in all premises. The consumption of brought food and drinks is also not permitted.

7.7 Animals: The bringing of pets is not permitted.

7.8 House rules: The provider exercises the house rules and can exclude the participants from the game in case of violations of these AGB, the safety instructions or improper behavior. In this case, there is no claim for a refund of the entrance fee.

8. Special provisions for Online-Games and Outdoor-Rallyes

8.1 For Online-Games and Outdoor-Rallyes (Smartphone-Rallyes) digital content or concepts are provided immediately after purchase.

8.2 By purchasing an Online-Game or an Outdoor-Rally, the customer acquires a usage right.

8.3 The transfer of Online-Game or Outdoor-Rally content to third parties, the publication or commercial use is prohibited.

8.4 The provider does not guarantee the compatibility of the Online-Games with the hardware or software of the customer.

8.5 In the case of Outdoor-Rallyes, the provider does not assume any liability for any disruptions caused by weather conditions, temporary inaccessibility of stations or other external circumstances that could disrupt the activity.

9. Special provisions for Boller Battle

9.1 The Boller Battle is a mobile outdoor event format that is conducted at various public locations.

9.2 All events take place even in rain/cold. Excluded are extreme weather conditions.

9.3 In the case of an extreme weather situation / prolonged rain, the provider contacts the event organisers in the morning to find a replacement solution. If the event is cancelled due to bad weather conditions, the provider will refund the amount paid by the Spybrain GbR. If possible, the provider can offer a replacement event at a different date after agreement.

9.4 All participants are responsible for themselves to appear in weather- and environment-appropriate clothing and footwear. The provider reserves the right to exclude participants who appear in significantly unsuitable clothing from the event for their own safety.

9.5 The provider does not assume any liability for weather-related disruptions, unless these fall under extreme weather conditions as specified in 9.2.

10. Vouchers

10.1 The validity of vouchers is 3 years after the expiry of the purchase year. Excluded from this are vouchers issued in the context of a cancellation as specified in point 4.2.1 – these are valid for 365 days from the date of issue.

10.2 Vouchers can be redeemed for all offers of the provider (Indoor Escape Rooms, Outdoor-Rallyes, Boller Battle and Online-Games) if no explicit limitation is stated on the voucher.

10.3 Vouchers cannot be redeemed for cash or exchanged.

10.4 A cash payment of the voucher value or

11. Privacy

The collection, processing and use of personal data is carried out in accordance with the statutory data protection regulations. This applies to all offers of the provider (Indoor Escape Rooms, Outdoor-Rallyes, Boller Battle and Online-Games). Further information can be found in our privacy policy under www.spybrain-escape.de/en/privacy/.

12. Online dispute resolution and consumer dispute resolution

12.1 The European Commission provides an online dispute resolution platform (OS) which can be found at https://ec.europa.eu/consumers/odr/.

12.2 The provider is not willing and not obliged to participate in a dispute resolution procedure before a consumer dispute resolution body.

13. Final provisions

13.1 Applicable law: For all legal relationships between the customer and the provider, only the law of the Federal Republic of Germany is applicable, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2 Jurisdiction: If the customer is a merchant, a public legal person or a public-law special fund, the seat of the provider is the exclusive jurisdiction for all disputes arising from the contract.

13.3 Salvatory clause: If individual provisions of these AGB are invalid or unenforceable, or become invalid or unenforceable after conclusion of the contract, the validity of the AGB as a whole remains unaffected. The valid and enforceable provision shall take the place of the invalid or unenforceable provision, the economic purpose of which the contracting parties pursued with the invalid or unenforceable provision.