TERMS AND CONDITIONS 2022
(EXIT® LOCATION BERLIN)
- Scope of application
For all business relations between PENG Communications GmbH, Klosterstraße 62, 10179 Berlin (hereinafter named PENG) and the customer solely the following general terms and conditions apply. Any other terms and conditions of the customer will not become a contractual part even if PENG does not expressly contradict.
- Offers, ordering process, conclusion of contract, correction of input errors, storage of contract text
2.1 Tickets and vouchers for EXIT® can be purchased through our website www.exit-game.de or during our opening hours in our venue. Only adults are entitled to purchase.
2.2 The ticket and voucher offers in our webshop represent a non-committal invitation to order tickets or vouchers for EXIT®. By clicking the “Order now” button, the customer makes a legally binding offer to purchase the tickets or vouchers in the shopping cart. Before sending the order, the customer can review and change the data at any time. Required fields are marked with an asterisk (*). The booking number, automatically generated by us after sending the order documents, that your booking has been received by us, does not represent acceptance of the offer of the customer. The contract comes into existence only by our declaration of acceptance, with a separate, further e-mail (booking confirmation). With the booking confirmation, the customer receives the ticket code, which allows access to the booked EXIT® mission. In the event that the customer has ordered a voucher, the customer will be given the voucher code in the booking confirmation e-mail, allows the customer or the person who receives the value voucher to deduct the voucher amount when buying EXIT® tickets.
Vouchers purchased after 1.2.2019 can also be redeemed at our other EXIT® locations. Please send us an email in advance to email@example.com
2.3 The customer must ensure that the e-mail address provided by the customer for the order processing, is appropriately configured (eg with regard to the SPAM filter) and has sufficient free space.
2.4 During the ordering process, the customer can correct false input at any time by clicking on the fields which show the customer at which phase of the ordering process they are, thus navigating backwards or forwards. Alternatively, the customer can use the “Back” button of the browser. Furthermore, under “Check”, the customer can directly change the shopping basket, the customers data and the payment method by clicking on the respective fields via “Edit”.
2.5 The order text is not saved by us and cannot be retrieved after completion of the order process. The information from the ordering process is transmitted to the customer again with an e-mail confirmation of the order. The customer can print out the order data immediately after sending the order.
- Prices, terms of payment
3.1 The prices stated in our webshop are inclusive of the statutory value-added tax.
3.2 The payment of tickets and vouchers ordered in our webshop can be made by credit card (VISA and Mastercard), immediate payment, PayPal or on-site in cash or with debit card (we do not accpet VISA or Mastercard on-site!). We reserve the right to accept and refuse additional payment methods in individual cases.
- Payment by credit card
When paying by credit card (Visa and Mastercard), the data is transferred to Mangopay SA using Secure Socket Layer (SSL) encryption technology. The purchase price will be charged to the customer when the order is accepted. The transfer of data may take several minutes and may not be interrupted by the customer, e.g. by updating the browser page. Failure to do so may result in a double charge on the credit card account. We will reimburse eligible reimbursement claims within a maximum of 14 days from the date of the customer’s double booking. Costs arising from any chargebacks initiated by the customer are passed on to the customer. For unjustified credit card bookings, a processing fee (usually 10 EUR) will be charged. This fee will be charged to the customer.
Please note: a payment charge might be made to your credit card without a binding contract concluded with us, as this will only take place upon receipt of our booking confirmation e- mail (see section 2.2).
- DIRECT BANKING
DIRECT BANKING is a direct referral process of SOFORT AG based on the high security standards of online banking with PIN / TAN input for secure and fast processing of online purchases. SOFORT AG provides an automatic and real-time transfer to the customer’s online bank account, not accessible for merchants. The purchase price is immediately and directly transferred to the merchant’s bank account. Prerequisite for the use of DIRECT BANKING PAYMENT is only the access to an online bank account. For more information, please visit www.sofort.com.
Please note: a payment charge might be made to your bank account without a binding contract concluded with us, as this will only take place upon receipt of our booking confirmation e-mail (see section 2.2).
After completion of the order you will automatically be forwarded to the website of Sofortüberweisung.de to make the payment. Your bank account will be debited after the payment is completed by Sofortüberweisung.de.
- Payment via Paypal
PayPal is an online payment service of PayPal (Europe) S.à r.l. & Cie, S.C.A. The use of PayPal requires that you have a customer account at PayPal, where your bank or credit card data is stored. If you have selected PayPal, you will be redirected to PayPal after the order is completed. There, you log in to your PayPal account with your e-mail address and the password you entered and confirm the payment. You will receive a payment confirmation from PayPal by e-mail. PayPal charges your bank account with the corresponding purchase price and transfers this to our seller account. For further information, please visit www.paypal.de.
Please note: a payment charge might be made to your paypal account without a binding contract concluded with us, as this will only take place upon receipt of our booking confirmation e-mail (see section 2.2).
- Right of revocation
4.1 Pursuant to paragraph 312g section 2 sentence 1 No. 9 BGB (German Civil Code), there is no right of revocation for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period. Therefore, the purchase of tickets for EXIT® missions can not be revoked by the customer.
4.2 In addition the following applies: If the customer is a natural person who concludes a legal transaction for a purpose which can not be attributed predominantly to his commercial or independent professional activity (consumer), the customer is entitled to a right of revocation according to the law. § 312g i.V.m. Section 355 of the German Civil Code (BGB). Please refer to the notice of revocation for conditions and legal consequences.
- Booking conditions
5.1 EXIT® is a team game for people from 10 to 99 years. Children and adolescents who are not accompanied by a legal guardian or a full-time supervisor must submit a declaration of consent to participate in EXIT® missions signed by a parent. Under 15 years, young people can only take EXIT® missions in the presence of an adult. From the age of 10, children are considered full-paying adults. Children under 10 years are free to participate in EXIT® missions, as long as the maximum capacity of the mission is not exceeded.
5.2 PENG is entitled to refuse access to EXIT® to visitors if there is a fear that the person(s) will disrupt the general business or bother other visitors due to alcohol or drug use or other reasons. Reimbursement of the ticket price or voucher value will not be made in these cases.
5.3 Please note that EXIT® is a live event. Since the EXIT® rooms are specially prepared for each booking and are blocked for the booked period, it is your responsibility to appear punctually to the booked period. In the case of delays, PENG reserves the right to refuse admission to the relevant EXIT® mission. The ticket expires without any claim for reimbursement.
5.4 It is not permitted to bring along food and drinks.
5.5 It is prohibited to use bulky or hazardous objects, fireworks or other pyrotechnic articles, weapons and dangerous tools, spray cans, sound instruments, laser pens, bottles, tins, drugs or to bring animals – except for those which are necessary for physical or mental disability.
5.6 With the exception of cell phones, it is not permitted to carry picture, film and sound recording equipment.
5.7 It is not permitted to make sound, image or film recordings during the EXIT® missions or the EXIT® premises or to transfer or disseminate such recordings in whole or in part via the Internet or other media (including mobile radio).
5.8 Significant or repeated violations of the law or these conditions may be punished with removal from the EXIT® venue without reimbursement of the ticket price or voucher value and with a ban on the venue.
6.1 You have the option to cancel or rebook the appointment free of charge up to 96 hours before the start of the game.
Just send a simple email to firstname.lastname@example.org.
A telephone cancellation is NOT possible. For groups of 15 persons or 3 rooms the cancellation has to be done 7 days before the start of the game.
6.2 Instead of a cancellation, section 6.1, you can make a transfer request to another appointment. There is no legal claim to a transfer instead of a cancellation. A transfer is only possible if there are capacities for a replacement date. A rebooking fee of 25€ for a single game and 50€ for a battle game will apply. You are given the opportunity to prove that no damage or impairment has occurred at all, or only to a significantly lesser extent, than the amount of €25 or €50. The request for transfer instead of cancellation can be made by phone or by e-mail to email@example.com.
6.3 If the deadlines are not met, PENG reserves the right to invoice the minimum booking amount of the respective EXIT® mission according to the prices valid at the time of the booking.
- Performance changes
Deviations from the content and changes to the EXIT® missions after booking shall only be made if necessary, insofar as they are not significant and do not significantly affect the overall content or effect of the booked mission.
- Sound, image and film recordings
8.1 PENG is entitled to create sound, image and film recordings during the EXIT® missions from the customer as well as from his / her fellow players, which are necessary for the performance of the game.
8.2 The customer agrees that specially created team photos can be published and disseminated online via the EXIT® social media channels (Facebook, Twitter). The consent is expressly made without waiving a claim for compensation. The customer can revoke this consent at any time – at the latest when the team photo is created.
We are fully liable for injury to life, body or health. In the case of impossibility and delay as well as violation of contractual obligations, we are liable also for slight negligence but limited to the typical foreseeable damage. Substantial contractual obligations (cardinal obligations) are contractual obligations whose fulfilment makes the proper execution of the contract possible and on whose compliance the contractual partner regularly trusts and may trust. Typical, foreseeable damages are those that are subject to the protection purpose of the respectively violated contractual norm. Apart from that we are not liable for slight negligence. The foregoing limitations on liability also apply to our vicarious agents.
- Offsetting, Contractual Language, Applicable Law and Jurisdiction
10.1 The customer is entitled to offset only if his claim is undisputed or legally established, unless it is a claim from the same contractual relationship. The customer is entitled to a right of retention only if his counterclaim is based on the same contractual relationship.
10.2 The contract is concluded in German language. All disputes arising from the legal relationship between the customer and us are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice is valid only in so far as the protection
afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing law is excluded.
10.3 Jurisdiction is the place of business of PENG if the customer is a merchant, a legal person of public law or a public special fund.
Last update: October 2020
Right of withdrawal
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation starting with the date of conclusion of the contract. To exercise your right of revocation, you must contact us
PENG Communications GmbH Klosterstraße Street 62 10179 Berlin, Germany Tel: +49 (0) 30 208 499 070 E-Mail: firstname.lastname@example.org
by means of a clear statement (eg a letter send by post or an e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form (DOWNLOAD), but this is not required.
In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you. Including the delivery costs (except the additional costs resulting from the fact that you have chosen a different type of delivery than the most favourable standard delivery offered by us) immediate, latest within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us.
For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise; you will not be charged for these repayment fees.
If you have requested that the services are commenced during the period of revocation, you have to pay us a reasonable amount that equals the proportion of the services already provided, in comparison with the total scope of the services provided for in the contract, to the time when you inform us about the exercise of the right of revocation regarding this contract.
Sample Revocation Form
If you want to revoke the contract, please fill out this form and return it.
I / we (*) hereby revoke the contract concluded by me / us (*) concerning the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) / received on (*)
Name of consumer (s)
Address of the consumer (s)
Signature of the consumer (s)
(only in the case of a communication on paper)
(*) Delete as appropriate.
PENG Communications GmbH
Vouchers and Gift Certificates
At the moment we cannot guarantee 3 years of validity for our vouchers because our lease is ending. As long as we don’t have an extension or an alternative we have to discontinue the sale of vouchers. However, you can directly gift a booking to someone else. To do this, simply book a date in our booking calendar.
EXIT® – LIVE ADVENTURES
Klosterstraße 62, 10179 Berlin
Directions: U2 Klosterstraße S&U Alexanderplatz