CineRoom Bamberg

Terms.

General terms and conditions of MaRoJa Escape GmbH.

1. Scope and definitions

CineRoom (MaRoJa Escape GmbH, Unterer Geisberg 6, 96129 Strullendorf) offers interested persons (hereinafter: “customer”) services in the area of live escape games and outdoor adventures. The following general terms and conditions conclusively and exclusively govern the formation of the contract between CineRoom (provider) and customers, as well as its performance.

2. Subject of the contract

2.1 The subject of the contract is the performance of the offered leisure events in the form of live escape games or outdoor adventures. CineRoom offers escape rooms for private individuals as well as individual team-building events.

2.3 Customers aged 18 and over are entitled to make a booking. The participant group of the escape game may also include younger participants aged 10 and over. For children and young people up to the age of 18, participation is only possible when accompanied by a person of legal age.

2.4 The escape game starts punctually at the time and location stated on the booking confirmation. Please arrive 10 minutes before the start of the appointment to ensure sufficient time for a proper briefing by the staff. If you arrive late after the start of the appointment, the agreed service cannot be provided and the event cannot take place. There is no entitlement to a refund in the event of lateness.

3. Formation of the contract

3.1 Registration for the game can take place via the website or by email. Both booking methods result in a binding conclusion of contract.

3.2 Booking via the website

3.2.1 Escape games and outdoor adventures are offered for booking via CineRoom's website (www.cine-room.de). The presentation and advertising of the various leisure activities do not constitute a binding offer to conclude a contract.

3.2.2 The customer can choose between the offered escape games, outdoor adventures and the available slots within the opening hours. To book the event, CineRoom requests data such as the customer's name, email address, telephone number and, where applicable, billing address, which are necessary to process the booking.

3.2.3 By selecting and confirming the payment option and clicking the “order with obligation to pay” button, the customer submits a binding request to conclude the contract. By booking, the customer accepts the terms and conditions. The customer can print and save the terms and conditions via their browser. After submitting the order, CineRoom sends the customer a booking confirmation by email. The contract is formed with this booking confirmation. The customer must check the booking confirmation without delay; any errors must be reported to the provider immediately.

3.3 Booking by email

3.3.1 When booking by email, too, the customer chooses between the available rooms and time slots within the opening hours. To book, the customer must provide the required personal details and room and date preferences by email.

3.3.2 By submitting the booking request, the customer accepts the terms and conditions, which they can access and save via the website. After the booking request, CineRoom sends the customer a booking confirmation by email. The contract is formed with this booking confirmation. The customer must check the booking confirmation without delay; any errors must be reported to the provider immediately.

3.4 In the event that the customer has ordered a voucher by email, the voucher with voucher code is provided to them by email. This entitles the customer or a third party to whom the voucher has been transferred to use the voucher amount as a means of payment for the agreed service when booking escape games online and on site.

3.5 If a contract is concluded, the contract is formed with: MaRoJa Escape GmbH, Unterer Geisberg 6, 96129 Strullendorf.

4. Cancellation, no-show, changes to the booking and refunds

4.1 Pursuant to § 312g para. 2 no. 9 of the German Civil Code (BGB), the right of withdrawal is excluded, as this is a leisure activity for which a specific date is scheduled for performance. Depending on which ticket type was selected at the time of booking, rebooking or exchange for a voucher is possible.

4.2 Changing the number of participants in a booking is still possible free of charge on the day of the event, provided the minimum number of 2 players is not undercut and the maximum number of players per activity is not exceeded. In this case, the amount payable is that of the players actually taking part in the game. No money is refunded if the number of participants is reduced.

5. Remuneration and payment terms

The remuneration payable depends on the size of the group. Its amount is stated on the provider's website and is shown during the order process. The amount is inclusive of statutory VAT and becomes due for payment with the booking confirmation. Payment can be made online directly after booking via PayPal or Stripe.

6. Vouchers

6.1 Vouchers for the service of an escape game can be purchased online and directly on site. The vouchers generally constitute service vouchers and not value vouchers and can be redeemed exclusively for bookable leisure events at CineRoom. The voucher value is inclusive of the currently applicable statutory VAT.

6.2 Vouchers may only be used to pay for a service; there is no entitlement to a cash payout of the vouchers from CineRoom. Vouchers issued by CineRoom expire three years after the date of purchase of the voucher.

7. Liability

7.1 Subject to the following exceptions, CineRoom's liability for contractual breaches of duty is limited to tortious acts resulting from intent or gross negligence. If CineRoom is in default of performance due to slight negligence, if performance has become impossible or if a material contractual duty is breached, liability for resulting material and financial damages is limited to the foreseeable damage typical of the contract. A material contractual duty is one whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract and on whose observance the customer may regularly rely. This includes in particular the duty to act and to fulfil the contractually owed service described under point 2.

7.2 CineRoom is not liable for lost or mislaid clothing and valuables. Lockers are available in the video-monitored cloakroom area for storing valuables during the escape game. The provider assumes no duty of safekeeping in this respect. Likewise, no liability is assumed for items of clothing or objects that are damaged during the event.

7.3 CineRoom's premises contain technical elements (e.g. 12V magnets, flickering/flashing lighting) and materials (woods, metals and textiles) which in individual cases may trigger symptoms of illness or allergies. CineRoom assumes no liability for this. Any pre-existing health conditions must be reported to the game master before the start of the escape game; participation takes place at the customer's own responsibility.

8. Information on data protection and data processing

8.1 CineRoom processes users' personal data only in compliance with the relevant data protection regulations and in accordance with the principles of data minimisation and data avoidance. This means that users' data is only processed where there is a legal permission, in particular where the data is required for the provision of our contractual services and online services or is legally prescribed, or where consent is present.

8.2 With regard to personal and usage-specific data, the customer has the rights to information, correction and deletion guaranteed by the German Federal Data Protection Act; these rights can be exercised by post (contact details under point 1) or by email to info@cine-room.de.

9. Prohibited conduct of the customer

9.1 All content of the events in the rooms as well as the rooms themselves are protected under § 2 of the German Copyright Act. Taking photographs and recording video and audio material on the provider's premises is prohibited. More on this under point 12.

9.2 Bringing food and drinks into the event room is not permitted.

9.3 Smoking is prohibited in all areas of the venue.

9.4 Carrying potentially dangerous objects such as knives, firearms, tools, laser pointers and the like is prohibited.

9.5 CineRoom may refuse a customer access to the venue if there is reason to fear that the person concerned will disrupt the course of the event or general business operations, or harass other visitors, due to alcohol or drug consumption or for other reasons.

9.6 Animals must stay outside.

10. Required conduct of the customer

10.1 For the duration of their stay at the venue, the customer undertakes to use the premises carefully, in particular the furnishings and inventory of the game rooms. In the event of damage caused by negligent behaviour or by acting against the rules set by the staff or the terms and conditions, CineRoom reserves the right to civil prosecution and, in the case of intentional damage, also criminal prosecution.

10.2 The customer undertakes to follow the instructions of CineRoom's staff and to refrain from disrupting operations in any way.

10.3 Mobile phones and other electronic means of communication as well as acoustic signalling devices of all kinds are not permitted in the game rooms. In the interest of an undisturbed event, CineRoom is entitled to request the user of such devices to switch the device off immediately.

11. Removal and ban from the premises

11.1 In the event of violations of the above provisions in points 9 and 10 of the terms and conditions, CineRoom is entitled to remove the respective visitor from the premises.

11.2 Without prejudice to its other rights, the provider is entitled, in the case of significant or repeated disruption and in the event of violations of these provisions, to impose a temporary or permanent ban from the premises on a case-by-case basis.

12. Audio, photo and film recordings, trade secrets

12.1 Throughout CineRoom's premises, audio, photo and film recordings are prohibited for copyright reasons. In the event of violations of the recording ban, a contractual penalty becomes due without prejudice to further claims. Recording devices and cameras of all kinds may not be taken into the escape rooms but must be stored in the lockers in the cloakroom area.

12.2 In the event of violations, the recording devices may be seized and kept by CineRoom staff. They will be returned to the owner once the owner has agreed to the deletion of the recordings and the deletion has been carried out.

12.3 The puzzles and solutions of the adventures are trade secrets of CineRoom and must not be disclosed to third parties. In the event of a violation, the provider will take legal action against the person responsible and assert all damages against them.

13. Image and camera recordings during the performance of the leisure activities

13.1 The customer agrees to being observed by the game masters via a screen during the performance of the leisure activities. This serves the safety of the customers. This is a live transmission.

13.2 We further point out that surveillance cameras are installed in all areas. The video surveillance is intended in particular to prevent theft and to protect employees and customers.

14. Applicable law and place of jurisdiction

The law of the Federal Republic of Germany applies. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the provider's registered office, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

15. Severability clause

Should any provision of these general terms and conditions be invalid, the validity of the remaining provisions shall not be affected.

As of: 29 November 2023