General
These General Terms and Conditions regulate the business relationships between:
Adeltium d.o.o., Rapska 3, Varaždin and Arqup, vl. Vanessa Anamile Minhuey Espinoza, Rapska 3, Varaždin
in further text jointly called The Provider, and its Customer.
Within the scope of these General Terms and Conditions, a Customer is a natural or legal person who leases or buys goods or services from the Provider.
During the purchase of services offered by the Provider it is considered that the Customer is familiar with these General Terms and Conditions, and that they accept it.
The Provider runs outdoor escape games for groups.
Participants
The Provider organizes games that are normally played as part of a group. The Customer is responsible for inviting and organizing their team or teams – individual players that will take place in an activity.
Furthermore, the Customer agrees not to allow the number of participants to exceed the maximum number of participants allowed in the game.
Children under the age of 14 can only participate in the game with the consent of the Provider and only when accompanied by an adult. It is assumed that all participants are in a physical and mental condition suitable for the game.
It is also assumed that the participants are not under the influence of alcohol and/or drugs.
The Customer is responsible for ensuring that the participants arrive on time, and that every participant follows the rules as outlined above, as well as any local laws and regulations. The Customer agrees that the Provider cannot be held liable for the behavior of any of the participants, nor any other parties, nor force majeure events.
The Customer is solely responsible for choosing the team members – the Provider will not add third parties to the team selected by the Customer without the Customer‘s consent. However, the Customer understands that there might be other parties partaking in the activities organized by the Provider at the time of the game. In such cases, since the games take place outdoors, the Customer accepts that the Provider cannot guarantee exclusivity within a given timeslot or geographical location, and that possible encounters with different teams are not a defect of the game.
Booking and contract conditions
With the completion of a booking via this Website, one of the Provider‘s contractual partners or by telephone, the Customer accepts the obligation to make the payment.
The booking may only be made by an adult. The group leader must be authorized by all persons named on the booking to make a booking. With the allocation of the booking number, a binding contract is created between the Provider and the Customer.
Payment
Cashless payment via PayPal, credit card or bank transfer is possible. Cash payments are not possible for orders via the Website, but may be possible when buying through partners.
Discounts
We strive to offer our customers very good prices for our escape games. Discounts are occasionally offered as part of promotions. It is not possible to apply multiple discounts to the purchase of a voucher or the booking of an appointment.
Cancellation and changes by the Customer
For completed bookings, the Customer has no right of cancellation or return. Every booking is therefore binding, regardless of the method of payment. For scheduled games, the Customer may reschedule a game up to 1 month after the scheduled date. Games that have been purchased without a planned date may be played up to 1 month after the purchase, unless a different date is specified on the game voucher.
The Provider will strive to allow rescheduling even after the said period, but is not contractually obliged to do so.
If a game is scheduled, and the Customer does not start the game at the scheduled time (within a grace period of 15 minutes), without notifying the Provider beforehand, the appointment will be considered a no-show. In such cases, the Provider reserves the right to cancel the booking without a refund. The Provider will normally attempt to accommodate for the delay, but is not contractually obliged to do so.
Cancellation and changes by the Provider
Occasionally the Provider needs to make changes or correct errors before or after it has confirmed bookings. The Provider reserves the right to cancel confirmed bookings. If the Provider has to make a material change or cancellation, the Customer will be informed as soon as possible. In that case, the Customer can either:
a) Schedule an alternative date.
b) Or accept a full refund of any amount paid thus far related to the cancelled appointment.
Liability of the contracting parties
Defect liability
The liability of the Provider for defects in the service is limited to defects that can be attributed to intent or gross negligence. The Customer is not entitled to a reduction or refund regardless of the defects in service.
Claims for damages and reimbursement of expenses by the customer are excluded to the extent permitted by law.
Personal items that are carried are in the play and recreation rooms at the risk of the customer. Provider assumes no liability for loss, destruction or damage, except in the case of gross negligence or intent on the part of the Provider or its employees.
Force majeure
The Provider is not liable for damage caused by force majeure, riots and natural phenomena or by other reasons for which it is not responsible. Incidents (e.g. strikes, lockouts, traffic disruptions, orders from higher authorities at home or abroad) or technical faults (e.g. the information system) that were not caused by intent or gross negligence.
Computer viruses or intentional attacks on information systems by “hackers” are also considered force majeure, provided that appropriate protective measures have been taken in each case.
Customer liability
The Customer is liable for all damage to buildings or inventory caused by him, or any team member playing on behalf of the customer.
Complaints
In the event of complaints, the Provider must be contacted immediately. Any verbal notification must be made up for in writing as soon as possible.
Complaints must be submitted within 14 days of the game taking place, quoting the booking number.
Final Provisions
Croatian law applies to business relationships of any kind between the Provider and its customers, to the exclusion of the UN Sales Convention.
Insofar as individual provisions of these General Terms and Conditions are ineffective, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by an existing provision customary in the industry, or, in the absence of a permissible provision customary in the industry, the statutory provision.