Article 1. Definitions
Unless otherwise stipulated in this Agreement or unless the context otherwise requires, words and expressions beginning with a capital letter shall have the meaning given to them in these General Terms and Conditions of Sale:
"Customer(s)": refers to the Customer, a natural person who benefits from the rights and obligations set out in these General Terms and Conditions of Sale.
"Contract": means these general terms and conditions of sale.
"Venue": refers to any place where the Game in which the Customer is participating takes place.
"Images": photographs or video sequences taken during the Game session.
"Game": refers to the event in which the Customer participates and which is reserved under this Contract.
"Website": refers to the Company's website, the address of which is https://escapelab.ch/
as well as the associated digital accounts (in particular facebook, tripadvisor, google, linked in, viadeo, twitter).
Article 2. Scope of the general terms and conditions of sale
These general terms and conditions of sale detail the rights and obligations between the Company and the Client. Validation of the order by the Customer on the Company's Website implies his/her unreserved acceptance of these general terms and conditions of sale, without this acceptance requiring any handwritten or electronic signature on the part of the Customer. The general terms and conditions of sale applicable are those in force on the day the order is placed.
The fact that the Company does not invoke any of the provisions of the general terms and conditions of sale at a given time may not be interpreted as a waiver of the right to invoke them at a later date. If one or more of the provisions of the general terms and conditions of sale is held, rendered or declared invalid by reason of a law, regulation or decision of a competent court, all the other provisions shall continue to apply, provided that the null or invalid provision was not a determining condition of the consent of the Company or the Client on the date of conclusion of the present contract.
Article 3. Subcontracting
The Company may use independent service providers and subcontractors to carry out the Game, while retaining direction and responsibility for the performance of its mission. The Client hereby authorises the Company to use subcontractors, which the Client may under no circumstances hold against the Company.
Article 4. Booking
Access to the Game is exclusively by reservation on the Website.
The Customer is responsible for entering his/her details on the online booking form and guarantees the accuracy and veracity of the information provided. Only persons aged 18 or over may make a reservation.
Reservations are made by name and are valid for a specific day and time slot.
In the event of an age limit being imposed for the purposes of reserving a place in the Game, the Company reserves the right to ask for proof of identity on the day of the event.
All bookings are subject to availability and only become definitive once the Customer has received a confirmation email.
Article 5. Change - cancellation or postponement of the order
No reservation can be cancelled or reimbursed except in the case of cancellation by ESCAPE LAB SARL. In this last case, the amount of the initial reservation will be refunded.
For the gift cards, in the event of remote sale, the purchaser has a 14 days deadline of retractation as from the reception of the gift card by the Purchaser, or failing that, the Beneficiary, without having to justify reasons, nor to pay penalties, with the exception of the expenses of delivery and return which will remain the responsibility of Purchaser. The Buyer, or failing this, the Beneficiary shall inform ESCAPE LAB SARL of his decision to withdraw by sending him, before the expiry of the deadline, his unambiguous declaration expressing his wish to withdraw using the form available on http://escapelab.ch/cadeau/retractation.
Article 6. Delay
Access to the Game may be refused if the Customer is 15 minutes or more late. In this case, no postponement will be possible and under no circumstances will the reservation be refunded to the Client.
Article 7. Prices and terms of payment
7.1 The price of a reservation is indicated on the WEBSITE under the heading reservation and displayed at the reception desk of the ESCAPE LAB ROOMS, in CHF including VAT, for a duration of availability of the ROOM fixed on each product sheet.
7.2 Any other service will give rise to additional invoicing.
7.3 The price is set according to the number of people in the same team (the maximum number depends on the game and is indicated on the WEBSITE) and the date and time.
7.4 ESCAPE LAB reserves the right to modify its rates at any time, but the service will be invoiced at the rate in force at the time of payment of the reservation.
7.5 Only payment by credit card is accepted on the WEBSITE. If the RESERVER is unable to pay by credit card, he/she must go to the reception desk to make the reservation and pay by cheque, credit card or cash.
7.6 ESCAPE LAB has entrusted its payment system to a service provider specialized in securing online payments and does not convert any data related to the payment system in its databases.
7.7 Full payment is required at the time of booking.
7.8 In the event that fewer CUSTOMERS show up to take part in the event booked, the difference in price will not be reimbursed.
7.9 If more people turn up than the number of players who paid at the time of booking, the difference in price must be paid before taking part in the game, within the limit of the number of players authorised by ROOM.
7.10 ESCAPE LAB reserves the right to refuse any reservation to a RESERVER who has not paid for all the services invoiced.
The Customer expressly authorises the Company to issue the invoice in electronic format and this invoice will be sent to the Customer by e-mail on request.
Article 8. Obligations of the Customer
Admission to the Game is only possible on presentation of the reservation confirmation email and, where applicable, on presentation of proof of identity.
The Customer undertakes to comply with this Agreement, as well as with all laws and regulations and any other rules and instructions that may be imposed on him or her in writing and/or orally during the course of the Game.
In particular, the Customer undertakes to take note of and comply with all the security measures indicated during the Game.
The CUSTOMER commits himself to respect all the security measures which are given to him, whether they are contractual, posted on site or given orally by the staff of ESCAPE LAB.
Smoking is expressly and strictly prohibited inside the establishment.
Each CUSTOMER undertakes to read and comply with the safety and fire protection instructions and evacuation measures. The emergency exits are clearly identified. It is strictly forbidden to block or obstruct the emergency exits, which must remain clear at all times. The CUSTOMER may only use the emergency exit in the event of a situation making evacuation necessary (fire, for example). Any abuse or untimely opening of these exits by a Customer will result in the Customer being billed for the costs incurred as a result of this abuse.
The Customer is also informed that it is forbidden to bring objects considered to be physical hazards and dangerous to health, without limitation: sharp, flammable or prohibited objects.
The Client is also informed that any intentional or unintentional damage to the equipment made available to him during the Game may be billed to him.
Given the nature of the Game, the Customer is also prohibited from taking photos or recording videos during the Game.
Any breach may result in the immediate exclusion of the Customer, without this giving rise to any reimbursement, compensation or indemnity whatsoever.
For safety reasons, the Company also reserves the right to refuse access to the Game to any Client under the influence of alcohol and/or drugs. This prohibition will not give rise to any reimbursement, compensation or indemnity.
Article 9. Duration
The Customer accepts that the Game lasts for a fixed maximum period.
The Client also accepts that the Game may be terminated before the duration indicated, in the event that the Client discovers all of the enigmas in the Game, without this giving rise to any right to a price adjustment.
Article 10. Liability
The Company may only be held liable for its own proven faults. In any event, compensation for any loss suffered by the Client as a result of the Company's fault will be limited to the amount of the order.
Under no circumstances may the Company be held liable for damage caused by one Customer to another.
Article 11. Intellectual property rights
The Game and the brands and logos used are the property of the Company and are protected by intellectual property rights. The Customer is therefore in no way authorised to use them without the written consent of the Company. Any unauthorised use would constitute an infringement of the Company's property rights.
The Customer therefore undertakes not to reproduce, use or exploit the intellectual property rights belonging to the Company.
The Company only grants the Customer the right to participate in the Game, under the conditions set out in this Agreement.
In addition, and given the nature of the Games offered, the Customer is required not to divulge the details and solutions of the puzzles that would violate the Company's commercial interests.
Article 12. Personal data
The Company undertakes to respect the confidentiality of the personal data communicated by the Customer on the Company's Website and to process such data in accordance with the law.
The Company informs Customers that data will only be used to process and monitor orders.
The Company only collects personal data such as surname, first name, address, e-mail address and telephone number if these are provided voluntarily by the Customer.
The Company undertakes not to sell or rent its customer database.
All Customers have the right to access, modify, rectify or delete data concerning them. To exercise this right, the Customer may contact the Company by sending a request to the following address: firstname.lastname@example.org .
The Client is also informed that, as part of the Game, the Company may use a video surveillance and listening device enabling it to follow the Game session, without recording.
Article 13. Advertising
Photographs or video sequences may be taken as part of the Game. The Customer hereby authorises the Company, free of charge, to reproduce and/or distribute all or part of the Images on its Internet Site and on its advertising media, for demonstration purposes only. This authorisation is granted for an unlimited period from the date of acceptance of these General Terms and Conditions of Sale.
Article 14. Applicable law - Jurisdiction
The applicable law is Swiss law, and any dispute will be handled by the district court of GENEVA.