Terms Conditions

1. SCOPE OF APPLICATION

All business relationships between THE ROOM Live Escape Game Berlin UG (limited liability), Ruschestraße 64-66, 10365 Berlin (hereinafter: THE ROOM) and the customer are governed exclusively by the following General Terms and Conditions. Differing terms and conditions of the customer shall not become part of the contract even without express objection by THE ROOM, even in the event of our performance.

2. Offers, Ordering Process, Conclusion of Contract, Correction of Input Errors, Storage of Contract Text

2.1 Tickets and vouchers for THE ROOM can be purchased via our website www.the-room-berlin.com or during our opening hours at our business premises. Only persons of legal age are authorized to make purchases.

2.2 The ticket and voucher offers in our web shop constitute a non-binding invitation to order tickets or vouchers for THE ROOM. By clicking the “Book now” button, the customer submits a legally binding offer to purchase the tickets or vouchers in the shopping cart. Before submitting the order, the customer can view and change the data at any time. Required information is marked with an asterisk (*). The message automatically generated by us after the order has been sent documents that your booking has been received by us, but does not yet constitute acceptance of the customer’s offer. The contract is only concluded upon our declaration of acceptance, which is sent in a separate, additional email (booking confirmation). With the booking confirmation, the customer receives the tickets that entitle access to the respective booked game. In the event that the customer has ordered a voucher, the voucher code will be communicated to them in the booking confirmation email, which entitles the customer or the person to whom the customer passes on the voucher to use the voucher amount as a means of payment when purchasing tickets.

2.3 The customer must ensure that the email address provided for order processing is correct and sufficiently configured (e.g., with regard to spam filters) and has sufficient free storage space.

2.4 The customer can correct input errors at any time during the ordering process by clicking on and correcting the form fields.

2.5 The information from the ordering process will be sent to the customer again with the email confirmation of the order.

3. Prices, Payment Terms

3.1 The prices stated in our web shop include statutory VAT.

3.2 Payment for tickets and vouchers ordered in our web shop is made by credit card (VISA and Mastercard), instant bank transfer, PayPal, Giropay, iDeal, Bancontact, or on-site with us in cash, by EC card, or credit card. We reserve the right to accept additional payment methods in individual cases and to refuse payment methods in individual cases.

4. Right of Withdrawal

(1) A customer who is a consumer (cf. § 1 paragraph 2 of the Terms and Conditions) has a right of withdrawal when purchasing a voucher. The details of the consumer’s right of withdrawal are set out in the withdrawal instructions and the withdrawal form of the provider in the annex to these Terms and Conditions.

(2) According to § 312g paragraph 2 sentence 1 no. 9 BGB, there is no right of withdrawal for contracts for the provision of services related to leisure activities if the contract provides for a specific date or period for the provision. The purchase of tickets for games at THE ROOM can therefore not be withdrawn by the customer. THE ROOM is free to offer refunds as a goodwill gesture.

5. Booking Conditions

5.1 THE ROOM is a team game for people aged 5 to 99. From the age of 8, children count as full payers and can play the game “Go West” alone after consultation. Children under 8 may play for free according to the number of adults, provided the maximum number of participants is not exceeded.

5.2 THE ROOM is entitled to refuse visitors access to the game rooms if there is reason to believe that the person(s) concerned will disrupt general business operations or harass other visitors due to alcohol or drug consumption or for other reasons. No refund of the ticket price or voucher value will be made in these cases.

5.3 Please note that our games are a live event. Since the game rooms are specially prepared for each booking and blocked for the booked time period, it is your responsibility to arrive on time for the booked time period. In the event of delays, THE ROOM reserves the right to refuse entry to the relevant game. The ticket expires and there is no entitlement to a refund.

5.4 Bringing your own food and drinks is not permitted.

5.5 It is not permitted to bring bulky or dangerous objects, fireworks or other pyrotechnic objects, weapons and dangerous tools, spray cans, noise instruments, laser pointers, bottles, cans, intoxicants, and animals—with the exception of those required to assist with physical or mental disabilities.

5.6 Bringing mobile phones, image, film, and sound recording devices into the game rooms is not permitted.

5.7 It is not permitted to create sound, image, or film recordings during the games or of the premises, or to transmit or distribute such recordings in whole or in part via the internet or other media (including mobile communications).

5.8 Significant or repeated violations of laws or these conditions may be punished with expulsion from THE ROOM premises without refund of the ticket price or voucher value and with a ban from the premises.

6. Service Changes

Content deviations and changes to the games after booking are only made when necessary, provided they are not significant and do not substantially affect the overall content or effect of the booked game.

7. Sound, Image, and Film Recordings

THE ROOM is entitled to create sound, image, and film recordings of the customer and their fellow players during the games that are necessary for conducting the game.

8. Liability

In the event of impossibility and delay, as well as in the event of a breach of essential contractual obligations, we are also liable for slight negligence, but then limited to the typical foreseeable damage. Essential contractual obligations are those contractual obligations whose fulfillment enables the proper performance of the contract in the first place and on whose compliance the contractual partner regularly relies and may also rely. Typical, foreseeable damages are those that fall under the protective purpose of the respective violated contractual norm. Otherwise, we are not liable for slight negligence. The above limitations of liability also apply to our organs and vicarious agents.

9. Set-off, Contract Language

9.1 The customer is only entitled to set-off if their claim is undisputed or has been legally established, unless it is a claim arising from the same contractual relationship. A right of retention is only available to the customer if their counterclaim is based on the same contractual relationship.

9.2 The contract is concluded in German. All disputes arising from the legal relationship between the customer and us are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn. The application of UN sales law is excluded.

Status: December 2018