§ 1 Scope of application
§ 1.1 These General Terms and Conditions shall apply to all deliveries and services between CityHunters GmbH & Co. KG (Seller) and a consumer (Customer) in the version valid at the time of the order.
§ 1.2 By placing an order, the Customer acknowledges the following Terms and Conditions as binding.
§ 1.3 Individual issues that have been agreed separately and individually between the Seller and the Customer shall only claim priority over the following provisions if these agreements have been made in writing.
§ 2 Basis of contract
§ 2.1 The following rules on the conclusion of the agreement apply to orders placed via the Seller's website (www.mycityhunt.at).
§ 2.2 The contracting party shall be CityHunters GmbH & Co. KG with its registered office at Weinmarkt 1 in 90403 Nuremberg, Germany.
§ 2.3 Upon successful completion of the ordering process shown on the Seller's website by the Customer, the Customer submits a binding contract.
§ 2.3.1 The ordering process is carried out in three steps: Selection of the desired tickets, entry of personal and payment information, confirmation of the order.
§ 2.4 The contract is concluded upon acceptance by the Seller. Acceptance must be made in writing. For this purpose, the Customer receives a purchase confirmation by e-mail.
§ 2.5 The descriptions and detailed information on the scavenger hunts offered and other city tours provided on the Seller's website do not represent a legally binding contract offer on the part of the Seller.
§ 3 Payment and prices
§ 3.1 The prices quoted include the currently valid statutory value-added tax.
§ 3.2 Tickets are sent in digital form to the e-mail address provided by the purchaser in the ordering process. There are no shipping costs.
§ 3.3 Payment on the part of the purchaser can be made either by credit card or PayPal.
§ 3.4 The Seller's claim for payment is valid at the time of the successful completion of the ordering process by the Customer.
§ 4 Scope of services
§ 4.1 The content of the purchase confirmation determines the scope of the contractual performance. Collateral agreements or amendments that change the scope of the contractual performance must be made in writing.
§ 4.2 By purchasing a ticket, the Customer acquires the right to a single, time-limited use of the ticket for the independent execution of the booked scavenger hunt or city tour for purely private purposes. The commercial use and the resale of the ticket or the booked service require the written consent of the Seller.
§ 4.3 Unless otherwise agreed, the validity is 6 months in the case of tickets and 24 months in the case of vouchers.
§ 4.4 If the Customer redeems the purchased ticket by entering the ticket code in the online form provided, the ticket is active for 48 hours and can be used within this time frame. After the expiry of the period of use, the Seller shall be deemed to have performed the service.
§ 4.5 Information contained in advertising material, whether in electronic, printed, or any other form, shall not have any binding effect on the contract. This also applies to the information provided on the Seller's website, unless such information is explicitly designated as part of the service.
§ 4.6 Changes or deviations of individual services from the agreed content of the contract, which become necessary after concluding the contract, will be communicated by the Seller to the Customer immediately. If the agreed content of the contract is not or only insignificantly affected by the changes, the Customer has no right of termination due to these deviations.
§ 5 Delivery
§ 5.1 Unless otherwise stated, all scavenger hunts and city tours offered can be used by the Customer immediately upon receipt of the electronic ticket.
§ 5.2 The ticket required for the use of the offered services will be sent to the Customer by e-mail immediately after the successful completion of the ordering process. The same applies to the purchase of vouchers.
§ 5.3 In individual cases, delays of max. 12 hours may occur when sending the ticket electronically, which must be accepted by the Customer.
§ 5.4 In individual cases, the ticket e-mail may be automatically moved to the so-called spam folder of the e-mail inbox when the Customer receives it. The Customer is obliged to check all folders of his e-mail inbox carefully.
§ 5.5 If the Customer has not received a ticket by e-mail within 12 hours despite successful completion of the order process on the Seller's website, he/she is obliged to inform the Seller of this fact. The Seller will then immediately attempt to resend the ticket electronically.
§ 6 Property right and copyright protection
§ 6.1 All services provided by the Seller, especially puzzle and task ideas, tours, etc., including individual parts thereof, are and remain the property of the Seller. By paying the agreed price, the Customer only acquires the right of use for the purpose agreed.
§ 6.2 Unless otherwise agreed with the Seller, the Customer may only use the services herself/himself and only for the duration of the contract (see § 4.2 ff.). Any further use, transfer to third parties or reusing the Seller’s ideas on the part of the Customer, whether in part or in full, is not permitted.
§ 6.3 Using services provided by the Seller, which go beyond the originally agreed purpose and scope of use, requires the consent of the Seller - irrespective of whether this service is protected by copyright.
§ 6.4 The use, duplication, or disclosure of the event content of the Seller is prohibited and may result in legal consequences, in particular claims for damages. This applies regardless of whether it is for private or business purposes.
§ 6.5 Any violation of copyright regulations will be prosecuted under both civil and criminal law.
§ 7 Liability
§ 7.1 The execution or participation in one of the tours offered is at the Customer’s own risk and peril. Any liability for personal injury or property damage on the part of the Seller is excluded.
§ 7.2 If rental material is provided to the Customer by the Seller for the performance of the service, the Customer is liable for damage and loss of the material, as far as these are caused by improper or negligent handling.
§ 7.3 The Seller undertakes to conscientiously plan and develop the services offered in accordance with the duties of a prudent businessman.
§ 7.4 The Seller's liability shall be governed exclusively by the written agreements between the parties. All claims not expressly granted herein - including claims for damages, irrespective of their legal basis - are excluded, unless they are based on an intentional or grossly negligent breach of contract by the Seller, a legal representative or vicarious agent.
§ 8 Warranty
§ 8.1 If performance problems occur during the period of use for which the Seller is responsible, or if the service in the contract is not provided by the Seller, the Customer must notify the Seller of this circumstance within the period of use (see § 4.2 ff.).
§ 8.1.1 The Customer is obliged to first demand remedy by setting a reasonable deadline.
§ 8.1.2 The Seller can also provide a remedy by granting an equivalent substitute service, which is only provided at a later date.
§ 8.1.3 The Seller can refuse the remedy if it requires a disproportionate effort.
§ 8.2 Operating errors caused by the Customer, such as the use of unsuitable software or hardware (in particular mobile terminals without GPS or data reception), insufficient mobile phone reception or insufficient data volume as well as all other service interruptions for which the customer is at fault are expressly not part of the warranty agreement.
§ 9 Compensation for damages
§ 9.1 The contracting parties agree that any claim for damages against the Seller shall be limited to the agreed total price for the service sold, irrespective of the legal grounds.
§ 9.2 Claims for damages by the Customer, in particular, due to impossibility of performance, positive violation of claims, negligence in contracting, defective, delayed or incomplete performance or due to tortious acts are excluded, unless they are based on intent or gross negligence on the part of the Seller.
§ 10 Publication of names, picture and sound material
§ 10.1 The participants agree that the Seller may publish images and sound recordings made by participants or the Seller during the scavenger hunts or similar activities for the Seller’s commercial purposes.
§ 10.2 If a participant does not agree to the publication of image or sound recordings in which he or she can be clearly identified, an express written agreement must be made between the participant concerned and the Seller regarding the manner of use of the recorded material.
§ 10.2.1 If image material of the participant concerned has been used for paid advertising purposes, in particular print media, advertising videos, or online advertising campaigns, the participant may be denied permission to recall the advertising media concerned.
§ 11 Right of revocation of the Customer as a consumer
§ 11.1 Consumers have a statutory right of withdrawal.
§ 11.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
§ 11.3 As a consumer, the Customer has the right to revoke the contract within 14 days without giving reasons. The revocation period begins with the successful completion of the order process on the Seller's website.
§ 11.4 To revoke the contract, it is sufficient to send an informal e-mail with the revocation declaration to email@example.com within the revocation period. The contract is considered revoked as soon as the Seller receives the declaration of revocation.
§ 11.5 As a consequence of the revocation, the Seller will refund the agreed price in full to the Customer. The Seller reserves the right to refund the price only partially if the Customer has already used parts of the agreed service.
§ 11.6 The Customer's right of revocation expires prematurely if the Customer or a third party has already activated the ticket code in the online form provided by the Seller within the revocation period (see § 4.4).
§ 12 Applicable law
German law shall apply exclusively to the legal relationship between the Customer and the Seller and to questions concerning the validly of the concluded contract and its pre- and post-effects.
§ 13 Place of jurisdiction
Nuremberg (Germany) is agreed as the place of jurisdiction for all disputes arising directly or indirectly between Seller and Customer.
§ 14 Additional agreements / written form
Additional agreements must be made in writing.
§ 15 Severability Clause
Should individual provisions of these "General Terms and Conditions of Business" be invalid, this shall not affect the binding nature of the remaining provisions, and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision which comes closest to its meaning and purpose.