GENERAL TERMS AND CONDITIONS AND REVOCATION POLICY
‍(EXIT® AT THE BERLIN SITE - 03.2025)

SCOPE OF APPLICATION

All business relations between PENG Communications GmbH, Am Zirkus 4, 10117 Berlin (hereinafter: PENG) and the Customer shall be governed exclusively by the following General Terms and Conditions. Any other terms and conditions of the Customer shall not become part of the contract, even if PENG does not expressly object to them.

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

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

1.2 The ticket and voucher offers in our webshop 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 purchase 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 automatically generated message “Booking completed!” after submitting the order documents that we have received your booking, but does not yet constitute acceptance of the customer's offer. The contract only comes into effect with our declaration of acceptance, which is sent in a separate, further e-mail (booking confirmation). The booking confirmation entitles the customer to access the booked EXIT mission. In the event that the customer has ordered a voucher, the voucher code that 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 will be communicated to the customer in the booking confirmation email. Vouchers purchased after February 1, 2019 can also be redeemed at our other EXIT® locations. Please send us an e-mail in advance to enter@exit-game.de

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

1.4 The customer can correct input errors at any time during the order process by clicking on the fields that show the customer which phase of the order process they are in and navigating forwards or backwards in this way, or by pressing the “Back” button in the browser. In addition, the customer can change the shopping cart, their data and the payment method directly 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 order process has been completed. The information from the order process will be sent to the customer again with the e-mail confirmation of the order. The customer can print out the order data immediately after sending the order or alternatively save it himself.

2 Prices, terms of payment

2.1 The prices quoted in our webshop are inclusive of VAT.

2.2 Payment for tickets and vouchers ordered in our webshop can be made by credit card (VISA, Mastercard and American Express), PayPal, Giropay, Klarna, or on site with a debit or credit card (we do not accept cash payments on site!). We reserve the right to accept other payment methods in individual cases and to reject payment methods in individual cases.

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

Payment via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice is only available for consumers and that payment must be made to Klarna. When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the full terms and conditions for purchase on account here. EXIT charges a fee of 0 euros per order when purchasing on account with Klarna.

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 with PayPal, where your bank or credit card details are stored. If you have selected the payment method “PayPal”, you will be redirected to PayPal after completing the order. There you log in to your PayPal account with your e-mail address and the password you provided and confirm the payment. You will receive a payment confirmation from PayPal by e-mail. PayPal will debit your customer account with the corresponding purchase price and transfer it to our seller account. You can find more information at www.paypal.de.Bitte. Please note that if you choose PayPal as your payment method, payment may be made without a contract having already been concluded with us, as this is only concluded upon receipt of our booking confirmation email.

3. Right of withdrawal

3.1 Pursuant to Section 312g (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 for the provision of services. The purchase of tickets for EXIT missions can therefore not be revoked by the customer.

3.2 Otherwise, the following applies:If the customer is a natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity (consumer), the customer has a right of withdrawal in accordance with § 312g in conjunction with § 355 BGB. § 355 BGB. With regard to the requirements and legal consequences of the right of revocation, please refer to the revocation instructions in the appendix.

4 Booking conditions

4.1 EXIT® is a team game for people aged 5 to 99. 
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Children and young people under the age of 16 can only visit EXIT in the presence of an accompanying adult. A declaration of consent signed by a parent or legal guardian must be presented to play the game unaccompanied by a parent or legal guardian of full age. For class excursions, the presence of a teacher who bears responsibility is sufficient, provided the event has been approved by the school.

4.2 PENG is entitled to refuse visitors access to EXIT® if it is feared that the person(s) concerned will disrupt general business operations or cause a nuisance to other visitors due to alcohol or drug consumption or for other reasons. The ticket price or voucher value will not be refunded in such cases.

4.3 Please note that EXIT® is a live event. As the EXIT rooms are specially prepared for each booking and blocked for the booked period, it is your responsibility to arrive on time for the booked period. If you are late, PENG reserves the right to refuse admission to the EXIT mission in question. The ticket expires and there is no entitlement to a refund.

4.4 It is not permitted to bring your own food and drink.

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

4.6 It is not permitted to take image, film or sound recording devices with you.

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

4.8 Significant or repeated violations of the law or these terms and conditions may be punished by expulsion from the EXIT premises without reimbursement of the ticket price or voucher value and a ban from the premises.

5 Cancellations of direct bookings via the website, telephone or e-mail

5.1 Cancellation up to 3 days before the event is free of charge if booked as a consumer directly via our website, by telephone or by e-mail. 

5.2 If you cancel less than 72 hours before the event, full payment is due.

5.3 If you come with fewer people than booked, we will issue you with a voucher for the difference in full.

5.4 Contracts for the purchase of tickets in connection with leisure events for which a specific date or period is provided are not subject to the right of withdrawal. This means that there is no right of revocation and return, § 312g para. 2 no. 9 BGB. (See paragraph 3. Right of withdrawal)

6 Cancellations for events organized by companies

Cancellations of events for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), which have come about through a written offer and its acceptance, are subject to different cancellation conditions as follows: 

6.1 Cancellation up to 7 working days before the start of the event is free of charge.

6.2 Cancellations made less than seven working days before the event will be charged in full.

7. shortfall in the number of participants

7.1 If you arrive with fewer people than booked, we will issue you with a voucher for the difference in full.

8 Changes to services

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

9 Sound, image and film recordings

9.1 PENG shall be entitled to make sound, image and film recordings of the Customer and his fellow players during the EXIT Missions that are necessary for the performance of the game.

9.2 The customer agrees that specially created team photos and surveillance camera recordings of the stay in the Escape Room may be published and distributed online via the EXIT social media channels (e.g. Facebook, YouTube, Instagram, TikTok). Consent is given expressly waiving any claim to remuneration. The customer can revoke this consent at any time - at the latest, however, when the team photo is created.

10 Liability

We shall be liable without limitation in the event of injury to life, body or health. In the event of impossibility and default as well as in the event of a breach of material contractual obligations, we shall also be liable in the event of slight negligence, but then limited to the typical foreseeable damage. Essential contractual obligations (cardinal obligations) are those contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may also rely. Typical, foreseeable damages are those that fall under the protective purpose of the respective breached contractual standard. Otherwise, we shall not be liable for slight negligence. The above limitations of liability also apply to executive bodies and vicarious agents.

11 Offsetting, contractual language, applicable law and place of jurisdiction

11.1 The customer is only entitled to set-off if his claim is undisputed or has been 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.

11.2 The contract shall be concluded in German. 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 of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

11.3 The place of jurisdiction shall be the registered office of PENG if the Customer is a merchant, a legal entity under public law or a special fund under public law.

Cancellation policy

You have the right to withdraw from this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us

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

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform 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 wish to withdraw from the contract, please complete this form and return it to us.

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

I/we (*) hereby revoke 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 the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

________________________

(*) Delete as appropriate.