General Terms and Conditions

General terms and conditions

§ 1 Scope of application / definitions

(1) For the business relationship between the provider Zenner Entertainment GbR: Zenner,
René / Zenner, Marcel, Cottaer Straße 15, 01159 Dresden (hereinafter: “EXPERIENCE”)
DRESDEN”), the person booking the events (hereinafter referred to as “Customer”) and the Participants in the
Events (hereinafter referred to as “Participants”), (hereinafter referred to collectively as “Parties”) shall be deemed to be
exclusively the following General Terms and Conditions of Business in their respective version at the time of the
of the conclusion of the contract. For the sake of better readability the following is uniformly used
the masculine form of the contracting parties, there is no discriminatory
Intent.
(2) Deviating general terms and conditions of the customer / participant will not be
unless EXPERIENCE DRESDEN expressly agrees to its validity in writing.
to.
(3) EXPERIENCE DRESDEN concludes the contract with consumers and companies. The
The customer is a consumer within the meaning of § 13 BGB (German Civil Code), insofar as the purpose of the ordered deliveries is not to be
and services are not predominantly commercial or self-employed professional or trade
activity can be attributed to. On the other hand, according to § 14 BGB (German Civil Code), an entrepreneur is any
natural or legal person or partnership with legal capacity who, at the time of the conclusion of the contract
of the contract in the exercise of their commercial or self-employed professional activity
is acting.

§ 2 Conclusion of contract

(1) A booking can be made via the website of EXPERIENCE DRESDEN at www.experience-
dresden.com (hereinafter: “Website”), as well as by telephone and e-mail.

(2) When booking via the EXPERIENCE DRESDEN website, the following applies: The Customer may
on the website select different Escape Rooms and set an appointment. The
Service can be placed in the shopping cart via a button. Via the button
“Book with payment” he gives a binding request to purchase the goods in the shopping cart.
the services provided. Before submitting the order, the customer may at any time
change and see. The general terms and conditions including revocation instruction and the
Data protection regulations must be confirmed by the customer before placing the order.
EXPERIENCE DRESDEN will then send the customer an order confirmation.
(3) The following applies to bookings made by e-mail or telephone: After declaration by the customer, DRESDEN shall receive
EXPERIENCE DRESDEN by e-mail. The offer must be sent by the customer to
be confirmed by e-mail in order to conclude a contract.
(4) Booking changes require the written confirmation of the customer to be valid.
EXPERIENCE DRESDEN.

(5) The contract shall be concluded in German. The text of the contract shall be signed in the
of data protection and can be printed out by the customer.

§ 3 Conditions for Participation / Duties of Conduct

(1) In principle, the instructions of EXPERIENCE DRESDEN and its employees must be observed.
to follow.
(2) The customer must ensure that all participants of the group are informed about the GTC.
be informed.
(3) Participation under the influence of alcohol and/or drugs is therefore the carrying along of
dangerous objects is forbidden. It is also forbidden to participate in
Clothing that violates legal regulations (e.g. right-wing radical symbols),
pornographic or homophobic content).
(4) In the case of illnesses that may be relevant for this event, we kindly ask you to
Consultation before booking or with local staff. Each participant is responsible for
to decide responsibly whether the person responsible for the health requirements for the
participation. It is pointed out that in the rooms narrow places and
can occur in the dark. Participants with infectious diseases are the participation
is forbidden. Should there be a medical incident during the game, the player is not permitted to
to draw attention to himself immediately. The game management can follow the action via
Watch the camera.
(5) Underage participants must assure that the consent of a
of a parent or guardian. Certain rooms may provide for a minimum age, which can be
can be seen on the website.
(6) All participants must arrive on time. In the case of
Exceeding more than 15 minutes, EXPERIENCE DRESDEN is entitled to the participation
to refuse.
(7) The bringing of animals and the consumption of food shall be prohibited in the escape rooms.
not allowed. EXPERIENCE DRESDEN may, in individual cases, require the use of a
Approve exception.
(8) Escape doors and escape routes shall be kept clear and shall not be obstructed.
(9) The publication of instructions for solutions and the recording of pictures/videos of the
Escape rooms are forbidden for all participants. EXPERIENCE DRESDEN reserves the right to refuse to accept any
the assertion of claims for damages.

§ 4 Services provided by EXPERIENCE DRESDEN

(1) For the scope of the contractual services, only the service descriptions, which are
Information in the booking confirmation and on the website binding.

(2) EXPERIENCE DRESDEN shall provide the information required for the event.
equipment (premises and objects) is available.
(3) Before the event, EXPERIENCE personnel will instruct the participants in the game.
During the event the staff of EXPERIENCE DRESDEN will be available as
game management at your disposal.

§ 5 vouchers

(1) The voucher can also be sent by e-mail.
(2) A payment of the value of the voucher is excluded.

§ 6 Prices, Terms of Payment

(1) All prices on the website and in offers of EXPERIENCE DRESDEN are understood as follows
including the statutory VAT. Paypal fees are charged by EXPERIENCE DRESDEN
carried.
(2) If payment by invoice is agreed, the following shall apply: The payment of the
The purchase price is due immediately upon conclusion of the contract, unless otherwise stated on the invoice.
are reported. If the due date of the payment is determined according to the calendar, then the customer comes to
already in default due to failure to meet the deadline. In this case, he has to pay the provider for the
year to pay default interest in the amount of 5 percentage points above the base rate. If the customer
If the customer is an entrepreneur, the default interest amounts to 9 percentage points above the basic interest rate.
The customer’s obligation to pay interest on arrears shall include the assertion of the following
further damages caused by delay by the provider.

§ 7 Exclusion from the event

EXPERIENCE DRESDEN personnel are entitled to withdraw participants from the event.
or to order a pause or interruption of play if a participant
violates the rules of the game or these GTC. In this case, the player shall be entitled to
participant is not entitled to a refund.

§ 8 Failure / Interruption / Cancellation of the match

(1) Employees of EXPERIENCE DRESDEN reserve the right to cancel the contract at any time.
event for safety reasons and to continue it later. Is
continuation is no longer possible, the customer shall remain obliged to make payment, provided that the
The loss is not attributable to the fault of EXPERIENCE DRESDEN.
(2) In the event of cancellation or termination at its own request, the service shall not be refunded.
and there is no entitlement to an alternative date. Must an event that has already begun
are aborted by unforeseeable events – in particular force majeure -, then
the customer is not entitled to compensation claims due to the failure.

§ 9 Liability of EXPERIENCE DRESDEN

(1) Claims for damages by customers and participants are excluded. Of which
except for claims for damages by customers and participants arising from the violation of the
of life, body, health or from the violation of essential rights, duties or
contractual obligations (cardinal obligations) as well as liability for other damages based on a breach of
intentional or grossly negligent breach of duty on the part of EXPERIENCE DRESDEN, its subsidiaries, affiliates or
legal representatives or vicarious agents. Essential contractual obligations are
those whose performance is necessary to achieve the objective of the Treaty.
(2) In the event of a breach of essential contractual obligations, EXPERIENCE DRESDEN shall only be liable for
the foreseeable damage typical of the contract, if this is caused by simple negligence
unless it is a matter of claims for damages by the customer or a claim for damages by the customer.
participant from an injury to life, body or health.
(3) EXPERIENCE DRESDEN shall not be liable for lost or damaged goods.
Valuables.
(4) The restrictions of paras. 1 to 3 shall also apply in favour of the legal representatives.
and vicarious agents of EXPERIENCE DRESDEN, if claims are asserted directly against them.
be asserted.

§ 10 Liability of customers and participants

(1) Damage the customer or the participants to furnishings in the
EXPERIENCE DRESDEN’s premises or are these due to the fault of EXPERIENCE DRESDEN.
customer or a participant, the participant is responsible for the repair or replacement of the
Replacement costs. The type and manner of liability shall be governed by the statutory provisions.
regulations.
(2) Other participants shall be taken into consideration during the event.

§ 11 Right of withdrawal of the customer

(1) The customer has no right of withdrawal when booking an escape room. The
According to § 312g Abs. 2 Nr. 9 BGB, the right of revocation does not apply to contracts for the provision of services.
of services related to leisure activities, if the contract is concluded for the
the provision of a specific date or period. The escape room acts as a
it is such a time-bound leisure activity.
(2) Deviating from this, the customer has to pay a fee when ordering vouchers.
Right of withdrawal, which is structured as follows:
(a) Consumers shall in principle have a statutory right of withdrawal when concluding a distance selling transaction.
right of revocation, which the provider may exercise in accordance with the statutory model on the revocation page.
informed. Paragraph (b) contains the exceptions to the right of withdrawal, paragraph (c) contains
a sample revocation form.

§ 12 Data protection

(1) The customer is not entitled to the storage of personal data within the scope of the business relationship.
EXPERIENCE DRESDEN, in compliance with the data protection laws, in particular the BDSG
and the DSGVO. Data will not be passed on to third parties insofar as this is
is not necessary for the execution of the contract or there is a consent.
(2) Insofar as the customer transmits the data from third parties, the customer assures that he/she is in possession of a
EXPERIENCE DRESDEN has obtained the consent of the third party and will indemnify and hold EXPERIENCE DRESDEN harmless from any
claims in this respect.
(3) EXPERIENCE DRESDEN may monitor the premises via camera in order to
to follow the action of the game and to give hints if necessary. Camera shots are taken
will be deleted immediately, there will be no publication.
(4) The rights of the customer or the person affected by the data processing result from the following
in particular from the following standards of the DSGVO:
– Article 7 (3) – Right to revoke consent under data protection law
– Article 15 – Right of the data subject to obtain information, right of confirmation and right of access to information
Provision of a copy of personal data
– Article 16 – Right to rectification
– Article 17 – Right to cancellation (“right to be forgotten”)
– Article 18 – Right to limitation of processing
– Article 20 – Right to data transferability
– Article 21 – Right of appeal
– Article 22 – Right not to rely exclusively on an automated system
processing – including profiling – to be subjected to a decision based on
turn
– Article 77 – Right to complain to a supervisory authority
(5) To exercise the rights, the customer or the person concerned is asked to send an e-mail to
EXPERIENCE DRESDEN or, in the event of a complaint, to the competent supervisory authority.

(6) Otherwise, reference is made to the data protection declaration on the website.

§ 13 Settlement of disputes

(1) The EU platform for out-of-court online dispute resolution is available at the following address
Internet address reachable:
https://ec.europa.eu/consumers/odr/
(2) EXPERIENCE DRESDEN shall not be obliged to participate in any dispute settlement proceedings prior to a
consumer arbitration board.

§ 14 Final provisions

(1) Contracts between EXPERIENCE DRESDEN and the customer shall be governed by the laws of the Federal Republic of Germany.
Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The
statutory provisions limiting the choice of law and its applicability
of mandatory regulations, in particular of the country in which the customer, as a consumer, has his
the usual place of residence shall remain unaffected.
(2) Insofar as the customer is a merchant, a legal entity of the public sector or a
law or a special fund under public law, the place of jurisdiction for all disputes arising out of or relating to the
Disputes arising from contractual relationships between the parties the domicile of EXPERIENCE
DRESDEN in Dresden.
(3) Even in the event of the legal invalidity of individual points, the remaining provisions of the contract shall remain unaffected.
parts are binding. The ineffective points shall be replaced, if any, by the ineffective points.
legal regulations. Insofar as this would result in unreasonable hardship for one of the contracting parties
the contract as a whole becomes ineffective.

Status: 14.03.2019