TERMS AND CONDITIONS 2023




1. Offers, ordering process, conclusion of contract, correction of input errors, storage of contract text

1.1 Tickets and vouchers for EXIT® can be purchased via our website www.exit-game.de or can be purchased at our offices during our opening hours. Only persons of legal age are eligible to purchase.

1.2 The ticket and voucher offers in our web shop represent a non-binding invitation to order tickets or vouchers for EXIT®. By clicking on the “Pay” button, the customer submits a legally binding offer to buy 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 “Booking completed!” message automatically generated after submitting the order documents that we have received your booking, but does not yet represent an acceptance of the customer's offer. The contract is only concluded through a declaration of acceptance from us, which is sent with a separate, further e-mail (booking confirmation). The booking confirmation entitles the customer to access the respective booked EXIT mission. In the event that the customer has ordered a voucher, he will be informed in the booking confirmation email of the voucher code, 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 EXIT tickets.Vouchers purchased after 1.2.2019 can also be redeemed at our other EXIT® locations. Please send us an email to enter@exit-game.de in advance

1.3 The customer must ensure that the e-mail address provided by him to process the order is correct and (for example with regard to SPAM filters) is adequately configured and has sufficient free storage space.

1.4 The customer can correct input errors at any time during the ordering process by clicking on the fields showing the customer which phase of the ordering process he is in and navigating forwards or backwards in this way, or by pressing the “Back” button in the browser. In addition, the customer can directly change the shopping cart, his data and the payment method under “Check” by clicking on the corresponding fields via “edit”.

1.5 The order text is not saved by us and can no longer be retrieved after the ordering process has been completed. The information from the ordering process is sent to the customer once again with the e-mail confirmation of the order. The customer can print out the order details immediately after submitting the order.

2. Prices, terms of payment

2.1 The prices listed in our web shop include statutory value added tax.

2.2 Tickets and vouchers ordered in our web shop are paid by credit card (VISA, Mastercard and American Express), instant bank transfer, PayPal, Giropay, direct debit or on site with us with an EC or credit card (we do not accept cash payments on site!). We reserve the right to accept further payment methods in individual cases and to reject payment methods in individual cases.

Payment by credit card
When paying by credit card (Visa and Mastercard), the data is transferred to Stripe Payments Europe, Limited (SPEL) using Secure Socket Layer (SSL) encryption technology. The purchase price will be charged to the customer upon acceptance of the order. The transfer of data can take a few minutes and must not be interrupted by the customer, e.g. by updating the browser page. Otherwise, the credit card account may be charged twice. We will refund legitimate refund requests within a maximum of 14 days of notification of the double booking by the customer. Any costs incurred by the customer as a result of any chargebacks initiated by the customer will be passed on to the customer. A processing fee (usually 10 EUR) will be charged for unjustified credit card chargebacks. We will continue to charge this fee to the customer accordingly. Please note that with the credit card payment method, payment may be made by you without a contract having already been concluded with us, as this is only concluded upon receipt of our booking confirmation email (see section 1.2).

SOFORT transfer
SOFORT Überweisung is a direct transfer process from SOFORT AG based on the high security standards of online banking with PIN/TAN entry for secure and fast processing of online purchases. Using SOFORT AG's secure payment form, which is not accessible to retailers, SOFORT Überweisung automatically and in real time places a transfer in the customer's online bank account. The purchase amount is immediately and directly transferred to the merchant's bank account. The only requirement for using SOFORT Überweisung is access to an online bank account. For more information, visit www.sofort.com.Please note that even with the SOFORT bank transfer payment method, payment may be made by you without a purchase contract having already been concluded with us, as this is only concluded upon receipt of our booking confirmation email (see section 1.2). After completing the order, you will automatically be redirected to the Sofortüberweisung.de website to make the payment. Your bank account will be charged upon completion of payment at Sofortüberweisung.de.

Payment via PayPal
PayPal is an online payment service provided by PayPal (Europe) S.à r.l. & Cie, S.C.A. The use of PayPal requires that you have a customer account with PayPal, which stores your bank or credit card details. If you have selected the payment method “PayPal”, you will be redirected to PayPal after completing the order. There, log into your PayPal account with your email address and the password you provided and confirm the payment. You will receive a payment confirmation from PayPal via email. PayPal charges your customer account with the corresponding purchase price and transfers this to our seller account. For more information, please visit www.paypal.de.Please note that with the PayPal payment method, payment may be made by you without a contract having already been concluded with us, as this is only concluded upon receipt of our booking confirmation email (see section 1.2).

3. Right of withdrawal

3.1 According to Section 312g Paragraph 2 Sentence 1 No. 9 BGB, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period of time for the provision of services. The purchase of tickets for EXIT missions can therefore not be revoked by the customer.

3.2 In addition, if the customer is a natural person who concludes a legal transaction for a purpose that cannot primarily be attributed to either their commercial or independent professional activity (consumer), the customer has a right of withdrawal in accordance with Section 312g in conjunction with Section 355 BGB. With regard to the requirements and legal consequences of the right of withdrawal, reference is made to the cancellation policy in the appendix.

4. Booking conditions

4.1 EXIT® is a team game for people aged 6 to 99. Children up to 8 years of age must always be accompanied by a legal guardian.

Children and young people between 9 and 15 years of age can only play through EXIT missions in the presence of an accompanying adult. To participate in EXIT missions without the supervision of a parent or legal guardian, a declaration of consent signed by a legal guardian must be presented. For class trips, the presence of a teacher who is responsible is sufficient, provided that the event has been approved by the school.

From the age of 6, children count as full payers. Depending on the number of adults, children under 6 years of age may join the EXIT missions free of charge, as long as the maximum number of participants is not exceeded.

4.2 PENG is entitled to deny visitors access to EXIT® if there is a fear that the person or persons affected will disrupt general business operations or harass other visitors due to alcohol or drug use or for other reasons. In these cases, the ticket price or voucher value will not be refunded.

4.3 Please note that EXIT® is a live event. Since the EXIT rooms are specially prepared for each booking and blocked for the booked period, it is your responsibility to arrive punctually for the booked period. In the event of delays, PENG reserves the right to refuse admission to the relevant EXIT mission. The ticket expires and there is no right to a refund.

4.4 It is not permitted to bring along food and drinks you have brought along.

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

4.6 With the exception of mobile telephones, it is not permitted to carry video, film and sound recording devices.

4.7 It is not permitted to create sound, image or film recordings during the execution of EXIT missions or from the EXIT premises or to transmit or distribute such recordings in whole or in part via the Internet or other media (including mobile communications).

4.8 Significant or repeated violations of laws or these conditions can be punished by expulsion from the EXIT premises without refund of the ticket price or voucher value and with a house ban.
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5. Cancellations

5.1 You have the option to cancel or rebook your appointment free of charge up to 72 hours before the start of the game. A simple email to enter@exit-game.de.Eine Telephone cancellation is NOT possible. For groups of 15 people or 3 rooms or 3 rooms, cancellation must be made up to 7 days before the start of the game.

5.2 Instead of a short-term cancellation as described in Section 5.1, you can make a request to rebook to another date. There is no legal claim to a rebooking instead of a cancellation. A rebooking is only possible if there is capacity for an alternative date. For a rebooking, there is a rebooking fee of €25 for an escape room or a VR game. A battle mission is considered to be two games. You are given the opportunity to prove that damage or impairment did not occur at all or only to a significantly lower extent than in the amount of €25. The request to rebook instead of a cancellation can be made by telephone or by e-mail to enter@exit-game.de.

5.3 If the deadlines are not met, PENG reserves the right to calculate the average costs of the respective EXIT mission in accordance with the prices valid at the time of booking.

6. Changes in performance

Substantive deviations and changes to EXIT missions after booking will only be made if necessary, provided that they are not significant and do not significantly impair the overall content or effect of the booked mission.

7. Sound, image and film recordings

7.1 PENG is entitled to create sound, image and film recordings of the customer and his fellow players during EXIT missions, which are necessary to carry out the game.

7.2 The customer agrees that specially created team photos and surveillance camera recordings of their stay in the escape room can be published and distributed online via EXIT social media channels (e.g. Facebook, X, Instagram, TikTok). Consent is expressly waived of a claim for remuneration. The customer can revoke this consent at any time — but no later than when the team photo is taken.

8. Liability
We are fully liable for injury to life, body or health. In the event of impossibility and default as well as in the event of a breach of essential contractual obligations, we are also liable in the event of slight negligence, but then limited to typical foreseeable damage. Essential contractual obligations (cardinal obligations) are those contractual obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly trusts and may also rely. Typical, foreseeable damages are those that fall within the protective purpose of the respective breached contractual standard. Otherwise, we are not liable in the event of slight negligence. The above limitations of liability also apply to our organs and vicarious agents.

9. Offsetting, contract language, applicable law and place of jurisdiction

9.1 The customer is only entitled to offset if his claim is undisputed or legally established, unless it is a claim arising from the same contractual relationship. The customer is only entitled to a right of retention if his 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 laws of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection guaranteed is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN sales law is excluded.

9.3 The place of jurisdiction is PENG's place of business if the customer is a merchant, a legal entity under public law or a special fund under public law.

Status: November 2023


Withdrawal Policy

You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must tell us

PENG Communications GmbH, Am Zirkus 4, 10117 Berlin Tel: +49 (0) 30 208 499 070 E-mail: enter@exit-game.de

inform you of your decision to cancel this contract by means of an unequivocal statement (e.g. a letter or e-mail sent by post).

To meet the cancellation period, it is sufficient that you send the notification of exercise of the right of withdrawal before the cancellation period has expired.

Consequences of revocation
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If you cancel this contract, we must repay 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 method of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; in no case will you be charged any fees as a result of this repayment.

If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

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Sample withdrawal form

If you want to cancel the contract, please fill out this form and send it back.
To: PENG Communications GmbH,
Am Zirkus 4, 10117 Berlin
Phone: +49 (0) 30 208 499 070
email: enter@exit-game.de

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*) /received on (*)

Name of consumer (s)

Address of consumer (s)

Signature of consumer (s) (only if notified on paper)

date
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