Terms and Conditions Online Escape
General Terms and Conditions
§ 1 Scope, general, participants, contract language
(1) These General Terms and Conditions (GTC) apply to the contract concluded between you (hereinafter “Participant”) and us, Mystery Games GmbH (Hauptstrasse 5, 27419 Tiste, UST-ID No.: DE316310626 – hereinafter “The Mystery of Sittensen Castle”) represented by the managing directors Michael Schulze and Matthias Klindworth (imprint) via the website at https://das-geheimnis-von-burg-sittensen.de/ for participation in an online game in an online escape room.
(2) Mystery House operates an online escape room comprising an online game in which participants have the task of playing their way through the game by solving several puzzles (hereinafter “online escape game”).
Participation is not recommended for persons under 12 (twelve) years of age or for persons with a nervous disorder. Minors over 12 (twelve) years of age are allowed to participate only with the consent of their parents or a legal guardian.
(3) Mystery House’s range of services is aimed equally at consumers and entrepreneurs.
For the purposes of these General Terms and Conditions,
(a) a consumer is any natural person who enters into the contract for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB) and
(b) an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity (Section 14 (1) BGB).
(4) Terms and conditions of the participant do not apply, even if Mystery House does not separately object to their validity in individual cases.
(5) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions in other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
§ 2 Online Escape Game/Duties of the Participant
(1) The online escape game comprises a period of 60-120 minutes of playing time. During the game time, participants have the opportunity to explore and solve the puzzles in the Online Escape Game via the website of Das Geheimnis von Burg Sittensen.
(2) Mystery House does not owe any particular success in this regard. The game is finished when the participants have solved all the puzzles of the online escape game. If the participants have not solved the online escape game within the playing time, the remaining puzzles can be solved further at any time after the game has started.
(3) Mystery House reserves the right to change, close or remove individual elements of the online escape game for technical, operational or other reasons without prior notification.
(4) Mystery House accepts no liability in the event that the participant has noted and accepted the rules of the game but fails to observe or comply with them and causes damage to himself or third parties.
(5) The participant is obligated to comply with the game rules announced before the start of the online escape game.
§ 3 Conclusion of Contract/Appointment
(1) The presentation of the service on the Mystery House website does not constitute a legally binding offer, but an invitation to order.
(2) Participants can book participation in the online escape game via the Mystery House website. The booking is made at https://das-geheimnis-von-burg-sittensen.de/ /. At the end of the booking process, the participant is asked to confirm that he/she has read the General Terms and Conditions of Mystery House and accepts them.
(3) The process of booking through the Mystery House website (and partner sites) is carried out in the following steps:
- Selection of the Escape Game
- Selection and authorization of the payment method (PayPal)
- Clicking on the “Order with obligation to pay” button
By clicking the “Order with obligation to pay” or “Buy” button in the last step of the booking process, you make a binding offer of booking the Mystery House service. Immediately after sending the booking, the participant receives a booking confirmation (in which an access code is assigned in each case), which represents the acceptance of the contractual offer, so that a contract between the participant and Mystery House is concluded.
The order number assigned in the booking confirmation serves as proof of the booking of the respective game. The participant must use this together with the access code to log in to the online system in order to gain access to the online game.
Each booking confirmation sent by e-mail must be checked for accuracy by the participant immediately upon receipt. If any information on the confirmation appears to be incorrect or incomplete, the participant must contact Mystery House immediately via [email protected], as it may not be possible to make changes at a later date.
Once purchased, bookings cannot be used in conjunction with any other offer, promotion or voucher or exchanged for cash. A booking can only be redeemed at the Escape Game booked in each case.
If vouchers are purchased via e-mail, telephone inquiry or on site, the participants have the option to print out the vouchers themselves (dispatch by e-mail).
(4) The service booked by the participant is exclusively decisive for the scope of the service and its processing.
The online escape game booked by the participant can only be carried out within a period of one year, beginning with the booking. After expiration of this period, the execution of the online escape game is no longer possible and the access data expire to this extent.
(5) The contractual provisions with details of the agreed services including these General Terms and Conditions as well as the cancellation policy (insofar as a so-called distance selling contract exists) will be sent to the participant by e-mail with the acceptance of the contractual offer or with the notification thereof. We do not store the terms and conditions of the contract.
(6) Any participant who is a consumer is entitled to revoke the offer in accordance with the special revocation instructions provided to him or her on our website as part of the order.
§ 4 Duration of the Contract/Rescheduling of Appointments
(1) The duration of the contract as well as the time of the service result from the specific agreements between Mystery House and the participant.
(2) The right to terminate the contract for cause remains unaffected.
§ 5 Obstruction / Force Majeure
(1) If Mystery House sees itself hindered in the execution of an order by circumstances of whatever nature, Mystery House will inform the participant of this in writing in good time. If Mystery House is not responsible for the impeding circumstances, the contracting parties will agree on an appropriate postponement of the agreed service. If the timely written notification is omitted, Mystery House cannot later refer to these circumstances.
If no agreement is reached between Mystery House and the participant, the participant is entitled to withdraw from the contract and any payments already made will be refunded.
(2) In cases of force majeure, the contracting party affected by this is released from the obligation to perform for the duration and to the extent of the effect.
Force majeure shall be any event beyond the control of the respective Contracting Party as a result of which it is prevented in whole or in part from fulfilling its obligations, including fire damage, floods, strikes and lawful lockouts as well as operational disruptions or official decrees for which it is not responsible.
The affected Party shall immediately notify the other Party of the occurrence and cessation of the Force Majeure and shall use its best efforts to remedy and limit the effects of the Force Majeure to the extent possible.
The Contracting Parties shall, upon the occurrence of Force Majeure, agree on the further course of action and determine whether, upon its cessation, the Services not performed during such period shall be subsequently delivered. Notwithstanding the above, each Contracting Party shall be entitled to withdraw from the orders affected thereby if the Force Majeure lasts for more than four weeks from the agreed date of performance. The right of each contracting party to terminate the contract for good cause in the event of force majeure lasting for a longer period shall remain unaffected.
§ 6 Prices, Terms of Payment, Prohibition of Offsetting
(1) The current prices stated in advertisements and/or Internet pages of Mystery House apply. All prices are in euros and include VAT.
(2) Payment for the service booked by the participant is made via our payment service provider PayPal.
(3) The participant has no right of set-off or retention, unless the counterclaim is undisputed or legally established.
§ 7 Right of revocation
In the case of contracts concluded outside of business premises and in the case of distance contracts, you as a consumer have a right of revocation.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must send us
Mystery Games GmbH
main street 5
27419 Tiste,
e-mail: [email protected]
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
Special notes
In the case of a contract for the provision of services, the right of withdrawal shall also expire if the entrepreneur has provided the service in full and has only begun to perform the service after the consumer has
- expressly agreed that the entrepreneur begins with the execution of the contract before the expiry of the withdrawal period and
- has confirmed his knowledge that by his consent he loses his right of withdrawal with the beginning of the execution of the contract.
End of the cancellation policy
§ 8 Confidentiality
(1) All information and data exchanged between the contracting parties in connection with the contract and its execution shall be treated confidentially by the contracting parties. This shall also apply to information exchanged prior to the conclusion of the contract as part of the contract initiation process.
(2) Disclosure of this information and data to third parties or inspection by third parties shall only be permissible if this is necessary for the fulfillment of the purpose of the contract, is permitted by law or takes place with the consent of both contracting parties in each case.
(3) The above obligations shall not apply to information,
a) which was demonstrably already known to the recipient prior to the initiation of the contract or which subsequently becomes known from a third party without violating a confidentiality agreement, statutory provisions or official orders;
b) which are public knowledge at the time of conclusion of the contract or are made public thereafter, insofar as this is not based on a breach of the contract with the participant;
c) which must be disclosed due to legal obligations or by order of a court or authority.
To the extent permissible and possible, the Recipient obligated to disclose shall notify the other Contracting Party in advance and give it the opportunity to object to the disclosure.
§ Section 9 Data Protection
(1) It is part of the quality standards of Mystery House to handle the personal data of the participants (these data are hereinafter referred to as “personal data”) responsibly. The personal data resulting from the contractual relationship are therefore only collected, stored and processed by Mystery House, as far as this is necessary for the contractual provision of services and is permitted by legal regulations, or ordered by the legislator. Mystery House will treat the personal data of the participants confidentially as well as in accordance with the provisions of the applicable data protection law and will not pass them on to third parties.
(2) Beyond this, Mystery House will only use personal data of the participants if the participant has expressly consented to this. A consent given by the participant can be revoked at any time.
(3) The participant is aware that for the implementation of pre-contractual measures and fulfillment of the contractual relationship, the collection, processing and use on the basis of Art. 6 paragraph 1 lit. b) DSGVO, among other things, of his name, consumer or entrepreneur status, address, date of birth and bank details are required.
(4) Mystery House will comply with the relevant legal provisions, in particular the General Data Protection Regulation (DSGVO), with regard to personal data of the participant.
(5) In all other respects Mystery House refers to its data protection declaration.
§ 10 Final provisions
(1) The contract existing between Mystery House and the participant is subject to mandatory international private law provisions of the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. However, if the participant is a consumer and has his habitual residence in another state, he retains protection under the relevant provisions of the state of residence, which may not be deviated from by agreement.
(2) If the participant is a merchant in the sense of § 1 paragraph 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Tostedt have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, Mystery House or the participant can take legal action before any court that has jurisdiction based on legal regulations.
(3) Mystery House draws the participant’s attention to the fact that as a consumer he also has the possibility of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013 in addition to the ordinary legal process. Details of this can be found in Regulation (EU) No. 524/2013 and at the Internet address: https://ec.europa.eu/consumers/odr.
The email address of Mystery House is: [email protected]. Mystery Games GmbH points out in accordance with § 36 VSBG that Mystery House is not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(4) Should individual provisions of this contract be invalid, this shall not affect the rest of the contract.